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111516 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 15, 2016 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 5:00 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula, consisting of approximately 1 acre (APN 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. 2. Labor Negotiations. The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of Finance Jennifer Hennessy, Human Resources Manager Isaac Garibay and Economic Development Analyst Charles Walker. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. Next in Order: Ordinance: 16-11 Resolution: 16-61 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Ben Schumann Invocation: Tracy Ham, President of Temecula Stake of The Church of Jesus Christ of Latter -Day Saints Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar 1 PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for the 16th Annual Community Candlelight Tribute Day Recognition of Temecula Valley Entrepreneur's Exchange 2 Graduate Companies — Inviscid Software and NZN Labs, Inc. Presentation of Proclamation for National Day of Giving (#GivingTuesday) PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR 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 City Council request specific items be removed from the Consent Calendar for separate action. 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of October 25, 2016 RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 25, 2016. 2 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of September 30, 2016 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of September 30, 2016. 5 Approve Financial Statements for the 4th Quarter Ended June 30, 2016 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016; 5.2 Approve a transfer of $2,000 from Finance department (001.140) to Animal Control department (001.172) to cover additional shelter operations expenses; 5.3 Approve an increase of $25,000 in revenues and an appropriation in Fund 160 Supplemental Law Enforcement Services Fund (SLESF) Transfer Out to General Fund Transfer In, due to additional receipt of grant revenue; 5.4 Approve an appropriation of 73,000 in the Insurance Fund 300 to cover additional claims. 6 Adopt the 2016 Conflict of Interest Code RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2016 CONFLICT OF INTEREST CODE 3 7 Adopt Ordinance 16-10 Prohibiting the Possession, Distribution, and Sale of Synthetic Drugs and Declaring Such Action to be a Public Nuisance (Second Reading) RECOMMENDATION: 7.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 16-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.56, PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS TO THE TEMECULA MUNICIPAL CODE 8 Approve the Sponsorship and Economic Development Funding Agreement with the American Cancer Society, Inc. for the 24 Hour Relay for Life Event to be Held on May 20, 2017 RECOMMENDATION: 8.1 That the City Council approve the Sponsorship and Economic Development Funding Agreement with the American Cancer Society, Inc. for $500 cash and in-kind promotional services valued at $13,530, for the Relay for Life event being held May 20 - May 21, 2017 at Great Oak High School. 9 Approve a Cooperative Agreement Between the City of Temecula and Non-profit Temecula Sunrise Rotary Club in Support of a Community Christmas Dinner RECOMMENDATION: 9.1 That the City Council approve the Cooperative Agreement between the City of Temecula and non-profit Temecula Sunrise Rotary Club, in the amount of $7,255 of in-kind services/costs, in support of a Community Christmas Dinner. 10 Approve the Agreement for Consultant Services with Falcon Engineering Services, Inc. for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 10.1 That the City Council approve the Agreement for Consultant Services with Falcon Engineering Services, Inc., in an amount not to exceed $3,015,147.60, to provide professional construction management services for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08. 11 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 11.1 That the City Council approve the Plans and Specifications, and authorize the Department of Public Works to solicit Construction Bids for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 (Project). 4 12 Approve the Agreement for Consultant Services with Michael Baker International, Inc. for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 12.1 That the City Council approve the Agreement for Consultant Services with Michael Baker International, Inc., in an amount not to exceed $250,000, to provide engineering support during construction of the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 (Project). 13 Approve Substantially As to Form the Reimbursement Agreement between the City of Temecula and Western Riverside Council of Governments (WRCOG) for Construction Costs for the SR -79/I-15 South Overcrossing & Interchange, PW04-08 RECOMMENDATION: 13.1 Approve substantially as to form the Reimbursement Agreement between the City of Temecula and WRCOG, in the amount of $10,025,244, for Construction Costs for the SR -79/I-15 South Overcrossing & Interchange, PW04-08; 13.2 Authorize the City Manager to execute the Agreement. 14 Approve the Reimbursement Agreement Between the City of Temecula and Western Riverside Council of Governments (WRCOG) for Right of Way (ROW) Acquisition Costs for the SR -79 Winchester Road/I-15 Interchange, as Part of the French Valley Parkway Interchange, PW16-01 RECOMMENDATION: 14.1 Approve the Reimbursement Agreement between the City of Temecula and WRCOG, in the amount of $1,925,000, for ROW Acquisition Costs for the SR -79 Winchester Road/I-15 Interchange, as part of the French Valley Parkway Interchange, PW16-01; 14.2 Authorize the City Manager to execute the Agreement. 15 Accept Improvements and File the Notice of Completion for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 RECOMMENDATION: 15.1 Accept the construction of the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14, as complete; 15.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 15.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 5 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 16-01 Resolution: CSD 16-05 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 16 Approve the Action Minutes of October 25, 2016 RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes of October 25, 2016. 17 Approve Financial Statements for the 4th Quarter Ended June 30, 2016 RECOMMENDATION: 17.1 That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS 7 CSD ADJOURNMENT Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 8 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 16-01 Resolution: SARDA 16-03 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar SARDA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA CONSENT CALENDAR 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 18 Approve Financial Statements for the 4th Quarter Ended June 30, 2016 RECOMMENDATION: 18.1 That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA PUBLIC FINANCING AUTHORITY MEETING Next in Order: Ordinance: TPFA 16-02 Resolution: TPFA 16-17 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar TPFA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Authority Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. TPFA CONSENT CALENDAR 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 Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. 19 Approve the Action Minutes of October 25, 2016 RECOMMENDATION: 19.1 That the Board of Directors approve the action minutes of October 25, 2016. TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 10 TEMECULA HOUSING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council 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 the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 20 Approve Assembly Bill (AB) 1600 Financial Reports —Development Impact Fee Expenditures RECOMMENDATION: 20.1 That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2016. 21 Consider the Gateway to Temecula Project Including a General Plan Amendment; a Zone Change/Planned Development Overlay; a Tentative Parcel Map; a Development Plan for Four Commercial Structures; a Conditional Use Permit for a Drive-Thru Facility; a Conditional Use Permit for a Gas Station; a Sign Program; and a Development Plan for a Fitness Facility (Collectively the "Project"). The Project will Include an Environmental Impact Report with Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. The Project is Generally Located at the Northwest Corner of La Paz Road and Temecula Parkway (Planning Application Nos. PA14-2858, PA14-0167, PA14-2708, PA14-2707, PA14-2710, PA14-2709, PA15-0985, and PA16-0090) RECOMMENDATION: That the City Council conduct a Public Hearing and: 21.1 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GATEWAY PROJECT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TEMECULA GATEWAY PROJECT (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) 11 21.2 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2858) 21.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-0167), AND AMENDING THE TEMECULA ZONING MAP 21.4 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2708) 21.5 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2709) 12 21.6 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2709) 21.7 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI6-0090) 21.8 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAIL STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THROUGH RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2707) 21.9 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI5-0985) 13 BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) 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 City Council 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 City Council 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 will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 14 PRESENTATIONS PROCLAMATION WHEREAS, the communities of Temecula, Murrieta, and the region come together for the 16th Annual Community Candlelight Tribute to attend a special holiday celebration for "Remembering Those We 've Loved and Lost" over the years, and recently; and WHEREAS, especially during the holidays, just as all year long, we grieve, miss, and remember our loved ones through this tribute; and WHEREAS, we invite the citizens of Temecula, Murrieta, and the surrounding communities to join together to light a candle during this time of remembrance with special music, poetry, and inspirational speakers; and WHEREAS, this is an opportunity for everyone to show support, love, comfort, and friendship to the friends and families of those who have lost a loved one; and WHEREAS, this community event is sponsored by Jacob's House of Temecula, a home away from home, which provides lodging for families of a loved one who is hospitalized in one of our local or regional hospitals and experiencing traumatic medical crisis. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim December 4, 2016, to be The 16th Annual Community Candlelight Tribute Day "Remembering Those We've Loved and Lost" and encourage all citizens of Temecula to participate in this important event, to be held at the City Hall Civic Center front steps on December 4, 2016, that will benefit the health, welfare, and harmony of our city, our communities, and our families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fifteenth day of November, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk PROCLAMATION WHEREAS, Giving Tuesday was established as a national day of giving on the Tuesday following Thanksgiving; and WHEREAS, Giving Tuesday is a celebration of philanthropy and volunteerism where people give whatever they are able to give; and WHEREAS, Giving Tuesday is a day where citizens work together to share commitments, rally for favorite causes, build a stronger community, and think about others; and WHEREAS, it is fitting and proper on #GivingTuesday and on every day to recognize the tremendous impact of philanthropy, volunteerism, and community service in the City of Temecula; and WHEREAS, #GivingTuesday is an opportunity to encourage citizens to serve others throughout this holiday season and during the year; and NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, do hereby proclaim November 29, 2016 to be "#GivingTuesday" in the City of Temecula, and encourage all citizens to join together to give back to the community in any way that is personally meaningful. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this fifteenth day of November, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Joh!, City Clerk DATE: November 15, 2016 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Joh!, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 25, 2016 — 7:00 PM 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula, consisting of approximately 1 acre (APN 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential sale of the property are: Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. 2. Conference With Legal Counsel—Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to the following matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. At 6:00 PM Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:05 PM CALL TO ORDER: Mayor Mike Naggar Prelude Music: Gina Wingfield Invocation: Reverend Andrew J. Lesko of the St. Nicholas Greek Orthodox Church of Temecula Valley Flag Salute: Council Member Rahn ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar Action Minutes 102516 1 PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Achievement to Brandon Beltran and Sam Holloway of Troop #334 for Attaining Eagle Scout Rank Presentation of Certificate of Appreciation to Chaparral High School Platinum Sound and Emerald Guard Presentation of Certificate of Recognition to Mercedes-Benz of Temecula for Receiving the Best of the Best Dealer Recognition Award PUBLIC COMMENTS The following individuals addressed the City Council: • Ms. Miller • Rebecca Farnbach • Richard Beck • Paul Runkle • Antony Chandler • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of October 11, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 11, 2016. Action Minutes 102516 2 3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Adopt Ordinance 16-09 Adding Chapter 9.65, Prohibition Against Certain Forms of Solicitation, Lingering and Loitering on Medians, to the Temecula Municipal Code (Second Reading) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 4.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 16-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.65, PROHIBITION AGAINST CERTAIN FORMS OF SOLICITATION, LINGERING AND LOITERING ON MEDIANS, TO THE TEMECULA MUNICIPAL CODE 5 Approve a Three -Year Microsoft Enterprise Renewal Agreement with Softchoice Corporation for Microsoft Software Licenses — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 5.1 Approve a three-year Microsoft Enterprise Renewal Agreement with Softchoice Corporation, in the annual amount of $74,639.87, for a total contract amount of $223,919.61 subject to the annual True -up cost as described in Recommendation 2; 5.2 Approve 20% of the total contract ,in the amount of $44,783.92 ,for the annual True -up cost for the term of the three-year agreement; 5.3 Approve the True -up cost of $10,910.68 for the last year of the five-year agreement with SoftwareOne. Action Minutes 102516 3 6 Receive Temporary Street Closures for 2016 Winterfest Events — Receive and file. RECOMMENDATION: 6.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2016 Winterfest Events: OLD TOWN CHRISTMAS TREE INSTALL TEMECULA ON ICE SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND 7 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for Sam Hicks Monument Park Playground Enhancement, PW12-20 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 7.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Sam Hicks Monument Park Playground Enhancement, PW12-20; 7.2 Make a finding that this project is exempt from CEQA pursuant to Categorical Exemption, Section 15301 Class 1(c), Existing Facilities. 8 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for Old Town Sidewalks Improvement Project, PW15-06 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 8.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Old Town Sidewalks Improvement Project, PW15-06; 8.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Action Minutes 102516 4 9 Approve the Cooperative Work Agreement (CWA) Extension Request with Caltrans for the Highway Bridge Program Funding for Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 — Approved Staff Recommendation (3-0-1, Council Member Comerchero absent and Council Member Rahn abstained due to his company's involvement in the development of the Main Street Bridge) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent and Council Member Rahn abstaining. RECOMMENDATION: 9.1 That the City Council approve the Cooperative Work Agreement (CWA) Extension Request of the Agency -State Agreement No. 08-5459R, Program Supplement Agreement No. 014-N, with Caltrans for the Highway Bridge Program Funding for Main Street Bridge Over Murrieta Creek (Replacement), PW03-05. 10 Approve Amendment No. 1 to an Existing Agreement, and a New Agreement with the Riverside County Transportation Commission (RCTC) for the Use of Transportation Uniform Mitigation Fee (TUMF) - Regional Community Environmental Transportation Acceptability Process (CETAP) Funding for the French Valley Parkway Interchange — Phase 1, Project PW07-04, and Phase 11, Project PW16-01 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 10.1 Approve Amendment No. 1 to Agreement No. 11-72-036-01 with RCTC to decrease the TUMF Regional CETAP Corridor Improvement funding for phase 1 of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvement project by $1,472,509; 10.2 Approve Agreement No. 17-73-007-00 with RCTC to provide $1,472,509 in TUMF Regional CETAP Corridor Improvement funding for phase 2 of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvement project, PW16-01. 11 Approve the Agreement for Consultant Services with T.Y. Lin International for the French Valley Parkway Interchange — Phase 11, PW16-01 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: Approve the Agreement for Consultant Services with T.Y. Lin International, in the amount of $3,947,823, for the preparation and development of the plans, specifications, and estimate for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements — Phase 11, PW16-01; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $325,500, which is approximately 8.25% of the Agreement amount. Action Minutes 102516 5 RECESS At 7:48 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 8:09 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS The following individuals addressed the City Council on Item 15: • Michael Newcomb • Aaron Walker • Ira Hecht 15 Introduce an Ordinance Prohibiting the Possession, Distribution, and Sale of Synthetic Drugs and Declaring Such Action to be a Public Nuisance (At the Request of Mayor Naggar) — Approved Staff Recommendation amending Ordinance 16-10 by deleting Sections 8.56.020(g)(1)i., the definition of Salvia Divinorum or Salvinorum A and 8.56.020(g)(1)ii., the definition of Kratom or Biak-Biak (4-0, Council Member Comerchero absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 15.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.56, PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS TO THE TEMECULA MUNICIPAL CODE City Attorney Thorson introduced and read by title only Ordinance No. 16-10. DEPARTMENTAL REPORTS 16 City Council Travel/Conference Report — October 2016 17 Community Development Department Monthly Report 18 Police Department Monthly Report 19 Public Works Department Monthly Report Action Minutes 102516 6 BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions in regards to the Closed Session items. ADJOURNMENT At 8:36 PM, the City Council meeting was formally adjourned to an Adjourned Regular Meeting on Tuesday, November 15, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 102516 7 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 15, 2016 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Pam Espinoza, Accounting Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $1,917,177.27. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/13/2016 TOTAL CHECK RUN $ 469,955.05 10/20/2016 TOTAL CHECK RUN 549,058.91 10/27/2016 TOTAL CHECK RUN 484,103.90 10/20/2016 TOTAL PAYROLL RUN: 414,059.41 TOTAL LIST OF DEMANDS FOR 11/15/2016 COUNCIL MEETING: $ 1,917,177.27 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 731,567.28 135 BUSINESS INCUBATOR RESOURCE 987.20 140 COMMUNITY DEV BLOCK GRANT 20,021.72 165 AFFORDABLE HOUSING 1,542.61 170 MEASURE A FUND 141,743.96 190 TEMECULA COMMUNITY SERVICES DISTRICT 193,409.81 192 TCSD SERVICE LEVEL B STREET LIGHTS 72,21435 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,395.24 196 TCSD SERVICE LEVEL '1]' LAKE PARK MAINT. 8,448.70 197 TEMECULA LIBRARY FUND 57,518.24 210 CAPITAL IMPROVEMENT PROJECTS FUND 32,05036 300 INSURANCE FUND 4,996.13 305 WORKER'S COMPENSATION 20,000.00 310 VEHICLE AND EQUIPMENT FUND 2,902.00 320 INFORMATION TECHNOLOGY 39,007.10 330 CENTRAL SERVICES 11,545.22 340 FACILITIES 55,955.47 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 5,418.45 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 5,768.45 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 2,159.73 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 3,913.45 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 3,913.45 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 4,308.67 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,659.81 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,112.93 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,478.04 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 433.63 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,944.52 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,116.79 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,438.93 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,926.01 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 166.84 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 519.70 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 148.50 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,618.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,040.55 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,096.10 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 579.44 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 879.92 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 165.51 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 6,322.69 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,664.26 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,838.26 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 14,345.01 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 321.83 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 420.22 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 7,948.01 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,983.49 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 78.52 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 896.09 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 12,060.16 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 125.73 $ 1,503,117.86 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 258,295.10 135 BUSINESS INCUBATOR RESOURCE 1,695.37 140 COMMUNITY DEV BLOCK GRANT 383.01 165 AFFORDABLE HOUSING 3,079.67 190 TEMECULA COMMUNITY SERVICES DISTRI 100,916.09 192 TCSD SERVICE LEVEL B STREET LIGHTS 252.72 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,192.67 196 TCSD SERVICE LEVEL 'Z," LAKE PARK MAINT 183.50 197 TEMECULA LIBRARY FUND 973.25 300 INSURANCE FUND 1,862.19 320 INFORMATION TECHNOLOGY 27,336.66 330 CENTRAL SERVICES 3,504.68 340 FACILITIES 10,713.47 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 62.22 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 62.22 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 62.22 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 62.22 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 62.22 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 373.32 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 73.10 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CRE 49.05 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 57.98 504 SERVICE LEVEL"C"ZONE 4 TIIE VINEYARDS 10.53 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 117.81 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COU 21.44 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 30.16 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 200.26 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.26 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.15 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.05 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 133.52 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELO 28.56 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOME 16.51 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTAT 14.32 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 33.34 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.80 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 123.75 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 66.10 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 179.53 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 303.79 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 7.16 523 SERVICE LEVEL"C"ZONE 23 PIIEASENT RUN 7.96 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 170.78 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 54.95 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITI 2.36 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7.96 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 251.92 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTR 3.51 414,059.41 TOTAL BY FUND: $ 1,917,177.27 apChkLst 10/13/2016 8:47:16AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3108 10/07/2016 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL 007591 PAUL LASLO & ASSOCIATES 007282 AMAZON.COM, INC 3110 10/07/2016 006887 UNION BANK OF CALIFORNIA 019323 FUJITSU COMPUTER PRODUCTS 013338 APPLE STORE 013338 APPLE STORE 3111 10/07/2016 006887 UNION BANK OF CALIFORNIA 016824 CALIFORNIA STATE UNIVERSITY 006722 GUEST SERVICES, FEMA 3112 10/05/2016 179452 10/13/2016 179453 10/13/2016 179454 10/13/2016 179455 10/13/2016 179456 10/13/2016 179457 10/13/2016 179458 10/13/2016 179459 10/13/2016 006952 PAYPAL 018098 ACME ADMINISTRATORS, INC 000733 ABBEY PARTY RENTS 016764 ABM BUILDING SERVICES, LLC 002187 ANIMAL FRIENDS OF THE VALLEYS 000101 APPLE ONE INC 018941 AZTEC LANDSCAPING, INC. 011954 BAKER & TAYLOR INC 017788 BARTEL ASSOCIATES, LLC 014293 BIBLIOTHECA ITG, LLC Description KH VERISIGN PAYFLOW PRO TRANSACTION KH COMMISSION ITEMS KH BOOKS/COLLECTIONS:LIBRARY MH CLEANING SUPPLIES FOR SCANNERS MH IPAD COVER: HESLIN, M. MH APPLECARE FOR IPAD: HESLIN, M. JH ENVT'L LEADERSHIP ACADEMY: COOPER, S. JH NAT'L EMEGENCY TRAINING: RODRIGUEZ, JH VERISIGN PAYFLOW PRO TRANSACTION WORKERS COMP CLAIM WITH ACME Linens rental for tables for CC prey maint on hvac units: civic center HVAC REPAIRS: HISTORY MUSEUM HVAC REPAIRS: HISTORY MUSEUM REPLACE HVAC FAN MOTOR & FUSES: ( AUG 16 ANIMAL CNTRL SRVCS:CITY OF TEMECU JUL 16 TEMP STAFF SRVCS: CLERK/HR/FIRE SEP 16 TEMPORARY STAFF SVCS: CITY SEP 16 RESTROOM MAINT SRVCS:VAR PARKS BOOK COLLECTIONS:LIBRARY CONSULTING SRVCS:FINANCE DEPT BIN SORTER ANNUAL SUPPORT & MAINT:LIBRRA Amount Paid Check Total 253.20 419.32 26.96 500.94 63.72 99.00 450.00 164.50 62.90 20,000.00 72.38 59.65 207.19 95.96 840.00 10,000.00 2,410.69 2,031.12 6,149.18 6.52 8,193.50 10,140.80 699.48 663.66 677.40 20,000.00 72.38 1,202.80 10,000.00 4,441.81 6,149.18 6.52 8,193.50 10,140.80 Pagel apChkLst Final Check List Page: 2 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179460 10/13/2016 012583 BLANCA Y PRICE AUG 16 LDSCP PLAN CHECK & 15,602.50 15,602.50 INSPECTION 179461 10/13/2016 019294 BLUE OUTDOOR LLC MARKETING ADV: ECON DEV 1,450.00 12/5-1/1/2017 MARKETING ADV: ECON DEV 12/5-1/1/20 550.00 2,000.00 179462 10/13/2016 018551 BMW MOTORCYCLES OF Veh maint & repair:police BMW motors 245.24 245.24 MURRIETA 179463 10/13/2016 018408 BOB CALLAHAN'S POOL SEP 16 MAINT SVCS FOR POOLS:CRC 1,050.00 1,050.00 SERVICE & TES 179464 10/13/2016 003138 CAL MAT MISC ASPHALT SUPPLIES:PW STREET 100.01 MAINT MISC ASPHALT SUPPLIES:PW STREET N 90.55 190.56 179465 10/13/2016 019327 CALLOPE, MA. DIONELLIE REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 179466 10/13/2016 000442 COMPUTER ALERT SYSTEMS OCT/NOV/DEC: ALARM MONITOR: VAR 5,940.00 5,940.00 LOCATION 179467 10/13/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: TPL 406.08 DIST. BOLLARDS: CIVIC CENTER 5,427.00 MISC ELECTRICAL SUPPLIES: TPL 286.74 MISC ELECTRICAL SUPPLIES: CRC 34.02 6,153.84 179468 10/13/2016 012353 CONSTRUCTION TESTING PROJECT INSPECTION SRVCS: PW 810.00 810.00 CIP 179469 10/13/2016 019247 CORTES & LEE REPLACE DECK: TEMEKU HILLS PARK 14,125.00 14,125.00 179470 10/13/2016 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 500.50 500.50 179471 10/13/2016 014521 COSTAR GROUP OCT 16 WEB SUBSCRIPTION:ECO DEV 433.67 433.67 INFORMATION, INC 179472 10/13/2016 001264 COSTCO TEMECULA #491 THEATER HOSPITALITY & OFFICE 137.49 SUPPLIES EXHIBIT MAINTENANCE SUPPLIES:TVM 70.98 MISC SUPPLIES:FIRE TCC 548.78 757.25 179473 10/13/2016 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 369.60 TCSD INSTRUCTOR EARNINGS 504.00 873.60 179474 10/13/2016 000209 CROP PRODUCTION SERVICES MAINT SUPPLIES: PW STREET MAINT 159.34 DIV PRESSURE WASHER PURCH: STA 73 760.30 PRESSURE WASHER PURCH: STA 73 64.55 984.19 Page2 apChkLst Final Check List Page: 3 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 179475 10/13/2016 019325 CROWELL, PAULA REIMB: 3 HEADSETS FOR TRAINING PURPOSES Amount Paid Check Total 113.01 113.01 179476 10/13/2016 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES: PARK 470.02 LUBRICANTS RANGERS FUEL FOR CITY VEHICLES: PUBLIC WOF 149.75 FUEL FOR CITY VEHICLES: TRAFFIC DIV 315.56 FUEL FOR CITY VEHICLES: POLICE DEP. 117.04 FUEL FOR CITY VEHICLES: CODE ENFOI 145.78 FUEL FOR CITY VEHICLES: BLDG INSPE, 236.08 FUEL FOR CITY VEHICLES: PW & BLDG I 212.70 FUEL FOR CITY VEHICLES:PUBLIC WOR 924.19 FUEL FOR CITY VEHICLES: PUBLIC WOF 639.66 3,210.78 179477 10/13/2016 019293 E&F PET SUPPLIES INC k-9 food & supplies-temecula police 126.64 126.64 179478 10/13/2016 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS & EQUIP: PW 522.36 522.36 TRAFFIC 179479 10/13/2016 004829 ELLISON WILSON ADVOCACY OCT 16 STATE LOBBYING SERVICES 3,500.00 3,500.00 LLC 179480 10/13/2016 000164 ESGIL CORPORATION AUG 16 PLAN CHECK SVCS:COM DEV 19,824.18 19,824.18 DEP 179481 10/13/2016 019328 EVANS, GREG REFUND:OVERPMT FOR ROD RUN 15.00 15.00 179482 10/13/2016 001056 EXCEL LANDSCAPE, INC. IRRIGATION REPAIRS: VARIOUS 101.83 PARKS IRRIGATION REPAIRS: VARIOUS PARKS 261.76 IRRIGATION REPAIRS: VARIOUS PARKS 114.26 IRRIGATION REPAIRS: VARIOUS PARKS 1,083.36 IRRIGATION REPAIRS: VARIOUS PARKS 329.43 IRRIGATION REPAIRS: VARIOUS PARKS 327.81 IRRIGATION REPAIRS: VARIOUS PARKS 77.82 IRRIGATION REPAIRS: VARIOUS PARKS 344.63 IRRIGATION REPAIRS: VARIOUS PARKS 221.72 IRRIGATION REPAIRS: VARIOUS PARKS 441.61 IRRIGATION REPAIRS: VARIOUS PARKS 177.76 IRRIGATION REPAIRS: VARIOUS PARKS 107.28 IRRIGATION REPAIRS: VARIOUS PARKS 85.27 3,674.54 179483 10/13/2016 009953 FEDERAL CLEANING OCT 16 JANITORIAL SRVCS:POLICE 922.50 922.50 CONTRACTORS MALL OFFI 179484 10/13/2016 000165 FEDERAL EXPRESS INC 9/16-9/26 EXP MAIL SVCS: VARIOUS 117.57 117.57 DEPTS. Page:3 apChkLst Final Check List Page: 4 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 179485 10/13/2016 011145 FOSTER, JILL CHRISTINE Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 179486 10/13/2016 014865 FREIZE UHLER, KIMBERLY POLO SHIRTS - RISK MANAGEMENT 179487 10/13/2016 018858 FRONTIER CALIFORNIA, INC. 179488 10/13/2016 016184 FUN EXPRESS, LLC 179489 10/13/2016 001937 GALLS, LLC 179490 10/13/2016 000177 GLENNIES OFFICE PRODUCTS INC 179491 10/13/2016 003342 HABITAT FOR HUMANITY SEP INTERNET SVCS:LIBRARY SEP INTERNET SVCS:SKATE PARK SEP INTERNET SVCS:LIBRARY INTERNET SVCS:CLOSING BILL:HARVEE SEP GENERAL USAGE/SVCS:EOC SEP INTERNET SVCS:FIRE STN #95 SUPPLIES:CRC SPECIAL EVENTS equip:police volunteers SEP 16 OFFICE SUPPLIES:BLDG & SAFETY SEP 16 OFFICE SUPPLIES: CITY MGR & I SEP 16 MISC OFC SUPPLIES:LEADERSH SEP OFC SUPPLIES:INFORMATION TECF SEP 16 MISC.OFC SUPPLIES: PLANNING SEP 16 MISC. OFC SUPPLIES: VAR FIRE SEP 16 MISC. OFC SUPPLIES: CITY CLEF SEP 16 MISC OFFICE SUPPLIES: PUBLIC CDBG SUBRECIPIENT - 31033 CALLE ARAGON CDBG SUBRECIPIENT - 32565 SUNNYVA CDBG SUBRECIPIENT - 31130 GEN. KEAI CDBG SUBRECIPIENT - 31130 GEN. KEAI Amount Paid Check Total 873.60 671.30 2,274.30 338.25 11.11 39.95 11.11 372.25 134.61 120.02 29.12 9.49 458.05 28.47 33.19 167.29 233.57 1,434.69 112.81 268.94 1,727.72 944.08 287.29 342.05 3,819.20 338.25 689.05 29.12 9.49 2,737.01 3,301.14 Page4 apChkLst Final Check List Page: 5 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 179492 10/13/2016 000186 HANKS HARDWARE INC Description Amount Paid Check Total SEP 16 MAINT. SUPPLIES: CIVIC 732.15 CENTER SEP 16 MAINTENANCE SUPPLIES: JRC 86.02 SEP 16 MISC MAINT SUPPLIES: TVM 10.79 SEP 16 MAINT SUPPLIES: CRC 60.47 SEP 16 MAINT SUPPLIES: TPL 51.50 SEP 16 MAINT SUPPLIES: IVVTCM 351.75 SEP 16 MAINT SUPPLIES:PUBLIC WORK, 2,002.13 SEP 16 MISC SMALL TOOLS & EQUIP: PV 358.68 SEP 16 MISC. MAINT. SUPPLIES: OTTT 58.30 SEP 16 SUPPLIES:MPSC COMMUNITY G, 306.76 SEP 16 MAINT SUPPLIES: AQUATICS 568.93 SEP 16 SMALL TOOLS & EQUIP:INFO TE( 29.76 SEP 16 MAINT SUPPLIES:PW STREET Mi 796.31 SEP 16 MAINT SUPPLIES: TCC 87.41 SEP 16 HRDWR SUPPLIES: VAR. FIRE Si 939.96 SEP 16 MISC MAINT SUPPLIES: MPSC 12.73 SEP 16 MISC MAINT SUPPLIES: OLD TO\d 112.29 6,565.94 179493 10/13/2016 002109 HD SUPPLY CONSTR. SUPPLY MISC SUPPLIES:PW STREET MAINT 178.20 178.20 LTD DIV 179494 10/13/2016 017334 HOUSE OF AUTOMATION INC. GATE & BAY DOOR MAINT: STA 84 245.00 245.00 179495 10/13/2016 018486 INDIAN CULTURAL SOCIETY REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 179496 10/13/2016 018184 INLAND VLY BUS & COMM COMMUNITY SVC GRANT FY 16/17 1,000.00 1,000.00 FNDTN 179497 10/13/2016 001407 INTER VALLEY POOL SUPPLY POOL SANITIZING CHEMICALS: VAR 509.59 509.59 INC POOLS 179498 10/13/2016 001282 KNORR SYSTEMS INC POOL MAINTENANCE SUPPLIES: CRC 477.77 POOL MAINT SUPPLIES:SPLASH PAD 1,495.12 1,972.89 179499 10/13/2016 004230 LINCOLN EQUIPMENT INC EQUIPMENT:AQUATICS 125.10 125.10 179500 10/13/2016 014365 MAILFINANCE, INC. 9/14-12/13/16 POSTAGE METER:LEASE 1,218.17 1,218.17 179501 10/13/2016 003782 MAIN STREET SIGNS signs and supplies:pw street maint div 504.00 504.00 179502 10/13/2016 000217 MARGARITA OFFICIALS ASSN SEPT 16 SOFTBALL OFFICIATING 4,440.00 4,440.00 SVCS: TCSD 179503 10/13/2016 019329 MATTIS, MARJORIE REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 Page:5 apChkLst Final Check List Page: 6 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179504 10/13/2016 014392 MC COLLOUGH, JILL DENISE OCT 16 PLANTSCAPE SRVCS:CIV 500.00 CENTER OCT 16 PLANTSCAPE SRVCS:LIBRARY 200.00 700.00 179505 10/13/2016 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIP: PW TRAFFIC 294.31 TRAFFIC SIGNAL EQUIP: PW TRAFFIC 272.16 TRAFFIC SIGNAL EQUIP: PW TRAFFIC 1,420.23 1,986.70 179506 10/13/2016 019158 MCGIFFIN, THOMAS, C. OIL PAINTING PURCHASE:TVM 95.00 95.00 179507 10/13/2016 015259 MERCURY DISPOSAL Household battery recycling program. 323.76 323.76 SYSTEMS, INC. 179508 10/13/2016 015955 METRO FIRE & SAFETY, INC. ANNUAL FIRE EXT SRVC: 948.08 PARKS:SNACKBARS ANNUAL FIRE EXTINGUISHER INSPECT!, 115.45 ANNUAL FIRE EXT SVCS: CRC 799.09 ANNUAL FIRE EXTINGUISHER INSPECT!, 365.68 ANNUAL FIRE EXTINGUISHER INSPECT!, 227.84 ANNUAL FIRE EXTINGUISHER INSPECT!, 27.65 2,483.79 179509 10/13/2016 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS 315.00 ANN TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 283.50 913.50 179510 10/13/2016 016445 MKB PRINTING & BUSINESS CARDS:INFO TECHNOLOGY 150.30 150.30 PROMOTIONAL INC 179511 10/13/2016 005872 MUNICIPAL INFO SYS ASSN OF MBRSHP DUES:CROWELL, PAULA 130.00 130.00 CAL 179512 10/13/2016 019019 MUSIC CONNECTION LLC STTLMNT:SPEAKEASY...MERC 10/8/16 369.60 369.60 179513 10/13/2016 018099 NATIONAL SAFETY DOT DRUG/ALCOHOL TESTING SVC: 98.95 98.95 COMPLIANCE HR 179514 10/13/2016 003964 OFFICE DEPOT BUSINESS SVS BUSINESS CARDS:FIRE 18.12 DIV OFFICE SUPPLIES:PW LAND DEV 42.10 60.22 179515 10/13/2016 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:FIRE PREV 1,096.48 1,096.48 179516 10/13/2016 017888 PACIFIC HYDROBLASTING INC PAINTING SRVCS:HARV COMMUNITY 2,680.00 2,680.00 PARK 179517 10/13/2016 002800 PACIFIC STRIPING INC CITY-WIDE TRAFFIC STRIPING SRVCS 141,743.96 141,743.96 Page:6 apChkLst Final Check List Page: 7 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179518 10/13/2016 019333 PARSONS DANCE DANCE PERFORMANCE @ THEATER 10,000.00 10,000.00 FOUNDATION, INC 10/1/16 179519 10/13/2016 000249 PETTY CASH PETTY CASH REIMBURSEMENT 938.48 938.48 179520 10/13/2016 012904 PRO ACTIVE FIRE DESIGN SEPT FIRE PLANCHECK SRVCS: 9,081.80 9,081.80 PREVENTION 179521 10/13/2016 005075 PRUDENTIAL OVERALL SEPT UNIFORM RENTAL SRVCS:PARK 640.35 640.35 SUPPLY MAINT/C.0 179522 10/13/2016 010281 RAINBOW RACING SYSTEM RACING BIBS:FIT FINALE 9/18/16 195.97 195.97 INC 179523 10/13/2016 000277 S & S ARTS & CRAFTS INC SUPPLIES:SUMMER DAY CAMP 272.70 272.70 179524 10/13/2016 009196 SACRAMENTO THEATRICAL SOUND/LIGHTING SUPPLIES: 324.50 324.50 LIGHTING THEATER 179525 10/13/2016 004274 SAFE & SECURE LOCKSMITH LOCKSMITH SRVCS: CIVIC CENTER 12.96 DUPL. KEY FOR CABINETS:STN 84 100.00 112.96 179526 10/13/2016 018012 SAUNDERS, CATHY TCSD INSTRUCTOR EARNINGS 336.00 TCSD INSTRUCTOR EARNINGS 336.00 TCSD INSTRUCTOR EARNINGS 310.00 TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 157.50 1,769.50 179527 10/13/2016 019324 SAVAGE, ANDREW REFUND:RETURNED LOST 26.94 26.94 MATERIALS:LIBRARY 179528 10/13/2016 013376 SECURITY SIGNAL DEVICES SECURITY ALARM REPAIR: THEATER 213.36 213.36 INC 9/19/16 179529 10/13/2016 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 10/6/16 625.00 625.00 179530 10/13/2016 004498 SIEMENS INDUSTRY, INC. TRAFFIC SGNL REPAIR/MAINT:VIA 2,913.31 RAMI/PAUBA TRAFFIC SGNL REPAIR/MAINT:VAR SITE 3,620.80 6,534.11 Page:7 apChkLst 10/13/2016 8:47:16AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK Check # Date Vendor 179531 10/13/2016 009746 SIGNS BY TOMORROW 179532 10/13/2016 179533 10/13/2016 179535 10/13/2016 014818 SKYFIT TECH, INC. 000645 SMART & FINAL INC 000537 SO CALIF EDISON 179536 10/13/2016 001212 SO CALIF GAS COMPANY (Continued) Description SAFETY FIRST DECALS: PW TRUCKS PUBLIC NTC POSTING WNCHSTR/DEND' PUBLIC NTC POSTING 26155 YNEZ RD:P PUBLIC NTC POSTING XX-1006:PLNG PUBLIC NTC POSTING XX-0213:PLNG PUBLIC NTC POSTING XX-0187:PLNG PUBLIC NTC POSTING XX-0919:PLNG PUBLIC NTC POSTING XX-0847:PLNG PUBLIC NTC POSTING XX-0741:PLNG PUBLIC NTC POSTING XX-0829:PLNG GYM EQUIP PARTS: CIVIC CENTER GYM EQUIP PREV MAINT: CIVIC CENTEF MISC SUPPLIES:TCC SEP 2-29-295-3510:32211 WOLF VLY RD SEP 2-27-805-3194:42051 MAIN ST SEP 2-02-502-8077:43210 BUS PARK DR I SEP 2-36-531-7916:44205 MAIN ST PED SEP 2-31-536-3226:28690 MERCEDES ST SEP 2-29-657-2563:42902 BUTTERFIELD SEP 2-32-903-8293:41000 MAIN ST SEP 2-29-458-7548:32000 RANCHO CAL SEP 2-28-629-0507:30600 PAUBA RD SEP 2-31-936-3511:46488 PECHANGA PK SEP 2-35-421-1260:42955 4TH ST LS3 SEP 2-37-303-0485:27498 ENTERPRISE C SEP 2-31-404-6020:28771 OT FRONT ST SEP 2-29-953-8447:31738 WOLF VLY RD SEP 2-29-657-2332:45538 REDWOOD RD SEP 2-29-223-8607:42035 2ND ST PED SEP 2-30-220-8749:45850 N WOLF CREEL SEP 2-35-707-0010:33451 S HWY 79 PED SEP 2-00-397-5042:43200 BUS PARK DR ; SEP 2-29-953-8082:31523 WOLF VLY RD SEP 2-29-953-8249:46497 WOLF CREEK [ SEP 2-39-043-8521:29028 OT FRONT ST f SEP 2-31-031-2590:28301 RANCHO CAL SEP 2-00-397-5067:TCSD SVC LEV C AUG 125-244-2108-3:30600 PAUBA RD SEP 091-085-1632-0:41951 MORAGA RD 179537 10/13/2016 019330 SOLORIO, DALILA REFUND:SEC DEP:RM RENTAL:TCC Amount Paid Check Total 106.20 213.00 213.00 213.00 213.00 213.00 148.20 296.40 148.20 148.20 817.56 195.00 263.09 1,800.35 5,430.32 477.47 196.26 1,810.70 198.21 14,601.10 227.58 6,896.84 49.46 17.58 56.47 1,097.82 26.15 26.44 658.13 326.39 27.14 5,050.71 29.91 28.87 36.84 19.49 2,025.51 25.43 169.37 200.00 1,912.20 1,012.56 263.09 41,115.74 194.80 200.00 Page:8 apChkLst Final Check List Page: 9 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179538 10/13/2016 002503 SOUTH COAST AIR QUALITY FY 16/17 FLAT FEE EMISSIONS:STN 124.35 #84 FY 16/17 LIQUID FUEL DISPENSING SYS: 104.91 229.26 179539 10/13/2016 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS:T.E.S. 59.00 CONTROL INC PEST CONTROL SRVCS:VARIOUS PARK 493.00 PEST CONTROL SRVCS:PALOMA DEL SC 59.00 SEPT PEST CONTROL SRVCS:VAR FACI l 822.00 1,433.00 179540 10/13/2016 012652 SOUTHERN CALIFORNIA OCT GEN USAGE:0141,0839,2593,9306 563.41 563.41 179541 10/13/2016 005786 SPRINT AUG 26 - SEP 25 CELLULAR 5,129.17 5,129.17 USAGE/EQUIP 179542 10/13/2016 000293 STADIUM PIZZA INC REFRESHMENTS:HUMAN SVCS PRGM 120.66 REFRESHMENTS:HUMAN SVCS PRGM 72.88 193.54 179543 10/13/2016 002366 STEAM SUPERIOR CARPET CARPET CLEANING SRVCS: CRC 100.00 100.00 CLEANING 179544 10/13/2016 009452 STRAWN, WILLIAM R. REIMB:SUPPLIES FOR COMM 101.18 101.18 THEATER 179545 10/13/2016 009194 TEMECULA VALLEY NEWS Advertising:Health Fair 2016 310.80 ADVERTISING:TEMECULA PRESENTS 443.92 754.72 179546 10/13/2016 003862 THYSSENKRUPP OCT -DEC ELEVATOR MAINT 5,049.00 5,049.00 ELEVATOR.BRNCH 37 SRVCS:VAR FACILIT 179547 10/13/2016 016311 TIERCE, NICHOLAS GRAPHIC DSGN SVC:J. MOORE 810.00 810.00 MEMORIAL 179548 10/13/2016 010276 TIME WARNER CABLE OCT HIGH SPEED INTERNET:LIBRARY 599.19 OCT HIGH SPEED INTERNET:COAX 32.41 631.60 179549 10/13/2016 009709 U H S OF RANCHO SPRINGS, SEP ASSAULT EXAMS:TEMECULA 500.00 500.00 INC POLICE 179550 10/13/2016 005460 U S BANK TRUSTEE ADMIN FEES:CROWNE HILL 4,200.00 CFDS TRUSTEE ADMIN FEES:CFD 01-2 HARV. I 3,850.00 TRUSTEE ADMIN FEES:CFD 3-03 WOLF ( 2,345.00 TRUSTEE ADMIN FEES:AD 03-04 J. WARI 1,100.00 TRUSTEE ADMIN FEES:CFD 03-02 RORI 2,650.00 TRUSTEE ADMIN FEES:CFD 03-06 HARV. 2,345.00 16,490.00 179551 10/13/2016 007766 UNDERGROUND SERVICE SEPT UNDERGROUND UTILITY 151.50 151.50 ALERT LOCATOR ALERTS: Page:9 apChkLst Final Check List Page: 10 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179552 10/13/2016 012549 UPODIUM VEHICLE MAINT SUPPLIES: STA 12 81.74 81.74 179553 10/13/2016 008977 VALLEY EVENTS, INC. RENTAL EQUIP:SPECIAL GAMES 211.00 4/23/16 SPECIAL EVENT SRVCS:CULTURAL ART; 5,740.00 5,951.00 179554 10/13/2016 004794 VALLEY WINDS COMMUNITY PERFORMANCE:ACE 10/23/16 600.00 600.00 179555 10/13/2016 000319 VARSITY BRANDS HOLDING CRC REC SUPPLIES 374.21 374.21 CO, INC 179556 10/13/2016 018474 VIVINT SOLAR DEVELOPER REFUND:BLDG 455.04 455.04 LLC FEES:B16-1196,1205,1272,0897 179557 10/13/2016 002658 VOLLMUTH, MARY REIMB:TEAM PACE RECOG AWARDS 125.00 125.00 179558 10/13/2016 007987 WALMART SUPPLIES:EXHIBITS/EXPERIMENTS:PP 66.67 66.67 WS 179559 10/13/2016 019326 WEBSTORYTELLERS REFUND:OVERPMT:LATE 15.00 15.00 FEE:BL#035948 179560 10/13/2016 003730 WEST COAST ARBORISTS INC 9/1-15/16 TREE TRIMS & REMOVALS: 1,077.00 1,077.00 ROW TRE 179561 10/13/2016 013286 WEST SAFETY SERVICES, INC. OCT ENTERPRISE 911 SVCS: IT 250.00 250.00 179562 10/13/2016 000341 WILLDAN ASSOCIATES INC AUG TRAFFIC ENG SRVCS: PW 2,496.00 2,496.00 TRAFFIC 179563 10/13/2016 018871 WONDER SCIENCE TCSD INSTRUCTOR EARNINGS 1,092.00 1,092.00 179564 10/13/2016 009512 WURMS JANITORIAL OCT JANITORIAL SVCS:VAR 23,093.92 SERVICES, INC FACILITIES OCT JANITORIAL SRVCS:POLICE OLD TC 295.84 23,389.76 1001274 10/06/2016 019312 A.C.C.E.S.S. INC. REFUND:PENALTY FEE:OVERPMT 35.00 35.00 BL#036711 1001275 10/06/2016 019313 CROFT, MARIVIC REFUND:SEC DEP:RM RENTAL:TCC 125.00 125.00 1001276 10/06/2016 019314 HICKMAN, JODI REFUND:PRE-DANCE & TUMBLE 72.00 72.00 1900.201 1001277 10/06/2016 019315 HOPE LUTHERAN CHURCH REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP Pagel 0 apChkLst Final Check List Page: 11 10/13/2016 8:47:16AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1001278 10/06/2016 019316 LEAL, JULIAN 1001279 10/06/2016 019317 LEE, EDITH 1001280 10/06/2016 019318 OLIVER, KRISTY 1001281 10/06/2016 019319 RATH B U N , LAURA 1001282 10/06/2016 019320 RODRIGUEZ, ARIANA 1001283 10/06/2016 019062 STEWART, LACEY 1001284 10/06/2016 018222 TVUSD 1001285 10/06/2016 019321 VISIT TEMECULA VALLEY 1001286 10/06/2016 019039 WALTON, JACQUELINE 1001287 10/06/2016 019322 YANG, HONGLING Description REFUND:SEC DEP:RM RENTAL:TCC REFUND:CREDIT:PICNIC RENTAL:HARVESTON REFUND:BALLET TINY PRINCESS 1905.201 REFUND:SPECIAL NEEDS VISUAL ARTS REFUND:SEC DEP:RM RENTAL:TCC REFUND:PRESCHOOL GYMNASTICS 1700.203 REFUND:SEC DEP:RM RENTAL:CONF CTR A/B REFUND:SEC DEP:RM RENTAL:CONF CTR A/B REFUND:BALLET TINY PRINCESS 1905.201 REFUND:SPECIAL NEEDS VISUAL ARTS Amount Paid Check Total 200.00 200.00 60.00 60.00 57.60 57.60 25.00 25.00 150.00 150.00 51.20 51.20 150.00 150.00 150.00 150.00 57.60 57.60 22.92 22.92 Grand total for UNION BANK: 469,955.05 Page:11 apChkLst Final Check List Page: 12 10/13/2016 8:47:16AM CITY OF TEMECULA 130 checks in this report. Grand Total All Checks: 469,955.05 Page:12 apChkLst Final Check List Page: 1 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 3113 10/20/2016 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,128.45 1,128.45 SUPPORT 3114 10/20/2016 000194 I C M A RETIREMENT -PLAN I C M A RETIREMENT TRUST 457 8,462.03 8,462.03 303355 PAYMENT 3115 10/20/2016 000444 INSTATAX (EDD) UNEMPLOYMENT TAX 3RD QTR 2016 10,672.78 10,672.78 3116 10/20/2016 000444 INSTATAX (EDD) STATE TAXES PAYMENT 24,133.33 24,133.33 3117 10/20/2016 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 87,310.35 87,310.35 3118 10/20/2016 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 8,399.24 8,399.24 SOLUTION 3119 10/20/2016 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,252.16 2,252.16 SOLUTION PAYMENT 3120 10/20/2016 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 40,382.86 40,382.86 RETIREMENT) 3121 10/11/2016 006887 UNION BANK OF CALIFORNIA KH DUPLICATE PAYMENT TO BE REV 699.48 699.48 NEXT 179565 10/20/2016 016764 ABM BUILDING SERVICES, LLC HVAC PREV MAINT:CIVIC CENTER 694.90 HVAC REPAIRS:LIBRARY & CIVIC CENTE 401.12 HVAC PREV MAINT:CIVIC CENTER 253.51 1,349.53 179566 10/20/2016 005058 ADAMS, AARON ANNUAL CONF:LEAGUE OF CA 14.39 14.39 CITIES:10/5-7 179567 10/20/2016 014170 AHERN RENTALS INC SMALL EQUIP PREV MAINT: CRC & 294.71 294.71 THEATER 179568 10/20/2016 001916 ALBERTA WEBB ASSOCIATES P/E 9/24/16 MISC CNSLTNG 17,926.51 SVCS:FINANCE P/E 9/24/16 MISC CNSLTNG SVCS:FINAN 2,500.00 20,426.51 179569 10/20/2016 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 185.00 185.00 179570 10/20/2016 006915 ALLIE'S PARTY EQUIPMENT TABLE/CHAIR RENTAL:COLLEGE FAIR 4,017.99 9/24 RENT CANOPY & LINENS:POLICE 230.43 4,248.42 179571 10/20/2016 013015 ALWAYS RELIABLE BACKFLOW BACKFLOWTESTS/MAINT :VAR PARKS 540.00 BACKFLOW TESTS/MAINT:VAR MEDIANS 135.00 675.00 Pagel apChkLst Final Check List Page: 2 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179572 10/20/2016 004422 AMERICAN BATTERY TRAFFIC SIGNAL EQUIP:PW TRAFFIC 569.59 569.59 CORPORATION 179573 10/20/2016 004240 AMERICAN FORENSIC NURSES NOV '16 STAND BY FEE:POLICE 1,248.00 1,248.00 (AFN) 179574 10/20/2016 019136 ANGON, MARIA ROSARIO REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 179575 10/20/2016 005946 AYERS DISTRIBUTING FILLED PLASTIC EASTER EGGS:2017 1,072.00 1,072.00 COMPANY EGG HUNT 179576 10/20/2016 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 20.55 20.55 179577 10/20/2016 014284 BLAKELY'S TRUCK SERVICE VEH &EQUIP MAINT:PW STREET DIV 141.23 VEH &EQUIP MAINT:PW STREET DIV 96.00 VEH &EQUIP MAINT:PW STREET DIV 96.00 VEH &EQUIP MAINT:PW STREET DIV 80.00 413.23 179578 10/20/2016 018185 BLUEBEAM SOFTWARE, INC SOFTWARE RENEWAL:BLDG & 731.00 731.00 SAFETY 179579 10/20/2016 018551 BMW MOTORCYCLES OF Veh maint & repair:police BMW motors 203.68 203.68 MURRIETA 179580 10/20/2016 019332 BRITTON, DONALD R. 1ST PLACE:PLEIN AIR 2016 AWARD 200.00 200.00 179581 10/20/2016 005292 BUTLER, GREG ANNUAL CONF:LEAGUE OF CA 39.49 39.49 CITITES 10/5-7 179582 10/20/2016 003138 CAL MAT MISC ASPHALT SUPPLIES:PW STREET 243.50 243.50 MAI NT 179583 10/20/2016 004248 CALIF DEPT OF SEP DOJ FINGERPRINTING SVCS:VAR. 5,432.00 5,432.00 JUSTICE-ACCTING DEPTS. 179584 10/20/2016 009640 CERTIFION CORPORATION SEP 16 ONLINE DATABASE 150.00 150.00 SUBSCR:POLICE 179585 10/20/2016 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00 CHARITIES, C/O WELLS FARGO PAYMENT BANK 179586 10/20/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:VAR PARKS DIST. 179587 10/20/2016 011922 CORELOGIC, INC. SEP PROP ID SOFTWARE:CODE ENF 15.12 15.12 240.50 240.50 Page2 apChkLst Final Check List Page: 3 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 179588 10/20/2016 004329 COSTCO TEMECULA#491 MISC SUPPLIES:ART OFF THE WALL 179589 10/20/2016 002631 COUNTS UNLIMITED INC TRAFFIC COUNT DATA COLLECTION:PW 179590 10/20/2016 010650 CRAFTSMEN PLUMBING & RE -STUCCO WALL: CRC HVAC INC VEH ACCIDENT FAC REPAIRS:MPSC 179591 10/20/2016 011870 CRIME SCENE STERI-CLEAN, BIO-HARZARD CLEAN-UP:POLICE LLC 10/1/16 179592 10/20/2016 000209 CROP PRODUCTION SERVICES MAINT SUPPLIES:PW STREET DIV 179593 10/20/2016 012600 DAVID EVANS & ASSOCIATES 7/31-8/27 DESIGN SRVCS:LIBRARY INC PKG PH II 179594 10/20/2016 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:GOHS SRVCS 179595 10/20/2016 019344 DIAZ, EVELYN REFUND:BALADJ FOR OVERPMT:PRKG CITE 179596 10/20/2016 019293 E&F PET SUPPLIES INC K-9 FOOD & SUPPLIES:POLICE 179597 10/20/2016 002390 EASTERN MUNICIPAL WATER SEP WATER METER:32131 S. LOOP RD DIST LDSC SEP WATER METER:32131 S LOOP RD B 179598 10/20/2016 001056 EXCEL LANDSCAPE, INC. SEP WATER METER:32131 S LOOP RD D Amount Paid Check Total 491.63 491.63 450.00 450.00 5,700.00 3,800.00 750.00 9,500.00 750.00 302.30 302.30 6,243.57 6,243.57 55.88 55.88 65.00 65.00 134.89 134.89 406.92 119.44 50.37 LDSCP RENOVATION:REDHAWK DOG 360.00 PARK IRRIG REPAIR:VILLAGES SLOPE 303.77 IRRIGATION REPAIRS:VAR PARKS 193.49 IRRIGATION REPAIRS:VAR PARKS 193.49 IRRIG REPAIRS:S-03-B VILLAGES 193.49 IRRIGATION REPAIRS:VAR PARKS 166.46 IRRIGATION REPAIRS:VAR PARKS 101.84 IRRIGATION REPAIRS:VAR PARKS 85.51 IRRIGATION REPAIRS:VAR PARKS 77.82 IRRIGATION REPAIRS:VAR SLOPES 77.82 576.73 1,753.69 179599 10/20/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 350.00 350.00 179600 10/20/2016 002982 FRANCHISE TAX BOARD LEVY C# 546961500 37.20 37.20 Page:3 apChkLst Final Check List Page: 4 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 179601 10/20/2016 016436 FRICK, TRACY SUPPLIES:SPEC MILITARY HALLOWEEN 179602 10/20/2016 018858 FRONTIER CALIFORNIA, INC. OCT INTERNET SVCS:CITY HALL SEP INTERNET SVCS:TCC OCT GENERAL USAGE:SR CTR, SKATE F SEP INTERNET SVCS:C. MUSEUM, GIFT Amount Paid Check Total 61.57 61.57 289.99 144.99 131.54 124.99 691.51 179603 10/20/2016 016184 FUN EXPRESS, LLC SUPPLIES:CRC SPECIAL EVENTS 29.12 29.12 179604 10/20/2016 010326 G E MOBILE WATER, INC SOFT WATER: STA 73 89.92 SOFT WATER: STA 73 63.72 153.64 179605 10/20/2016 016564 IMPACT TELECOM SEP 800 SERVICES:CIVIC CENTER 55.57 55.57 179606 10/20/2016 010766 INLAND VALLEY SYMPHONY SYMPHONY PERFORMANCES 10/29/16 2,000.00 2,000.00 179607 10/20/2016 000501 INTL INSTITUTE OF MUNICIPAL RENEWAL THRU 200.00 200.00 12/31/17:OLSON-JOHL, R. 179608 10/20/2016 011020 JACK RAGLAND ATELIER 2016 PLEIN AIR 2ND PLACE AWARD 100.00 100.00 179609 10/20/2016 015358 KELLY PAPER COMPANY, INC. PAPER/BINDING/PKG SUPP:CENTRAL 516.28 516.28 SVCS 179610 10/20/2016 004230 LINCOLN EQUIPMENT INC EQUIPMENT:AQUATICS 93.63 93.63 179611 10/20/2016 013352 LITTLE CAESARS PIZZA PIZZA:HIGH HOPES EVENT 10/21 209.00 209.00 179612 10/20/2016 014796 LOWREY, BETSY CONF:LEAGUE OF CA CITIES 10/6 105.47 105.47 179613 10/20/2016 004141 MAINTEX INC CLEANING SUPPLIES: VARIOUS 1,875.20 1,875.20 FACILITIES 179614 10/20/2016 018675 MDG ASSOCIATES, INC. AUG 16 CDBG ADMIN SVCS 5,982.50 JUL 16 CDBG ADMIN SVCS 3,841.25 SEP 16 CDBG ADMIN SVCS 3,675.00 13,498.75 179615 10/20/2016 015955 METRO FIRE & SAFETY, INC. ANN'L FIRE EXTINGUISHER SVC: MAI NT FAC ANN'L FIRE EXTINGUISHER SVC:MPSC ANN'L FIRE EXTINGUISH. SVCS:C. MUSE 179616 10/20/2016 018314 MICHAEL BAKER INT'L INC. SEP CEQA STUDIES:GENERATIONS 171.89 27.65 15.80 215.34 3,477.60 3,477.60 Page4 apChkLst Final Check List Page: 5 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179617 10/20/2016 013443 MIDWEST TAPE LLC MISC DVD'S, BOOKS ON CD, AUDIO: 161.36 161.36 TPL 179618 10/20/2016 016445 MKB PRINTING & LABELS - ELECTRICAL: B&S 181.67 PROMOTIONAL INC BUSINESS CARDS:MASTERS, TRACY 93.91 275.58 179619 10/20/2016 019302 MR. WORLDWIDE CATERING DINNER:VETERANS DAY EVENT 787.50 787.50 179620 10/20/2016 009443 MUNYON, DENNIS G. OCT -DEC '16 LIC. FEE: OLD TOWN 2,875.00 2,875.00 PARKING L 179621 10/20/2016 015164 NATURES IMAGE, INC SEP PECHANGA PKWY ENVIRON 1,006.60 MITIGATION SEP ENVIRO MITIGATION:FVP OVERCRC 454.57 1,461.17 179622 10/20/2016 019331 NELSON, BARBARA BEST OF SHOW:PLEIN AIR 2016 500.00 500.00 AWARD 179623 10/20/2016 018402 NEWSMINDED, INC 9/11-10/8 NEWSPAPER 125.00 125.00 DELIVERY:MPSC 179624 10/20/2016 010334 OBMANN, REBECCA REIMB: CALED CONF SUPPLIES 74.44 74.44 10/17/16 179625 10/20/2016 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: FINANCE 140.39 DIV OFFICE SUPPLIES: FINANCE 90.62 OFFICE SUPPLIES: FINANCE 50.90 OFFICE SUPPLIES: HR DEPT 35.78 OFFICE SUPPLIES: FINANCE 33.45 OFFICE SUPPLIES: HR DEPT 25.56 OFFICE SUPPLIES: HR DEPT 14.79 OFFICE SUPPLIES: FINANCE 2.39 393.88 179626 10/20/2016 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW PARKS 39.85 MAINT CITY VEHICLE MAINT SVCS:PW STREET 15.00 CITY VEHICLE MAINT SVCS:PW STREET 537.55 CITY VEHICLE MAINT SVCS:PW STREET 96.26 CITY VEHICLE MAINT SVCS:PW STREET 681.69 CITY VEHICLE MAINT SVCS:PW STREET 650.00 CITY VEHICLE MAINT SVCS:PW STREET 607.59 2,627.94 179627 10/20/2016 018462 PERDUE, ROBERT S. APPRAISAL SERVICES:CELL TOWER 19,000.00 19,000.00 SITES 179628 10/20/2016 010320 PETCO ANIMAL SUPPLIES INC POLICE K9 FOOD & SUPPLIES 24.82 24.82 Page:5 apChkLst Final Check List Page: 6 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179629 10/20/2016 010338 POOL & ELECTRICAL POOL SUPPLIES & CHEMICALS:VAR 432.45 432.45 PRODUCTS INC POOLS 179630 10/20/2016 005075 PRUDENTIAL OVERALL SEPT FLR 906.99 906.99 SUPPLY MATS/UNIFORMS/TOWELS:CITY FACS 179631 10/20/2016 000262 RANCHO CALIF WATER SEP VAR WATER METERS:FIRE STNS 714.66 DISTRICT SEP VAR WATER METERS:PW CIP 460.56 SEP VAR WATER METERS:PW CIP 211.98 SEP VAR WATER METERS:PW MAINT 180.27 SEP VAR WATER METERS:PWJRC 159.45 SEP COMM WATER METER:28640 PUJOL 10.46 SEP VAR WATER METERS:TCSD SVC LE 36,959.72 SEP VAR WATER METERS:PW FACILITIE 4,116.25 SEP VAR WATER METERS:PW OLD TOW 907.56 SEP VAR WATER METERS:PW VARIOUS 848.47 44,569.38 179632 10/20/2016 014027 RIVERSIDE CO ECO DEV JUL-SEPT'16 STAFFING:LIBRARY 41,860.00 41,860.00 AGENCY 179633 10/20/2016 010777 RIVERSIDE CO EXECUTIVE OCT -DEC '16 ANIMAL SHELTER 39,013.23 39,013.23 OFFICE OPERATIONS 179634 10/20/2016 017549 ROSEN & ROSEN INDUSTRIES, MISC MAINT SUPPLIES:PW STREET 574.52 574.52 INC. MAINT 179635 10/20/2016 019345 RUIZ, ANGELINA REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 179636 10/20/2016 000278 SAN DIEGO UNION TRIBUNE SEPT LEGAL ADVERTISING:CITY 791.10 791.10 CLERK/PLNG 179637 10/20/2016 009980 SANBORN, GWYNETH A. COUNTRY LIVE! @ THE MERC 10/15/16 297.50 297.50 179638 10/20/2016 013376 SECURITY SIGNAL DEVICES REPAIR & MAINT OF SECURITY 278.00 278.00 INC SYSTEM:FOC 179639 10/20/2016 017365 SELSTAD, LONNIE DIXIELAND @ THE MERC 10/16/16 111.60 111.60 179640 10/20/2016 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 100.00 100.00 CENTRAL 179641 10/20/2016 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 10/13/16 283.50 283.50 Page:6 apChkLst Final Check List Page: 7 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 179642 10/20/2016 009746 SIGNS BY TOMORROW Description PUBLIC NTC POSTING XX -0167,2707-2710: PLN PUBLIC NTC POSTING NOI NEG DEC RA PUBLIC NTC POSTING XX-1154:PLNG 179643 10/20/2016 015674 SJ LINKING SYSTEMS RADIOS:FIT FINALE EVENT 9/18/16 179644 10/20/2016 000537 SO CALIF EDISON 179645 10/20/2016 000293 STADIUM PIZZA INC 179646 10/20/2016 008337 STAPLES BUSINESS ADVANTAGE Amount Paid Check Total 639.00 426.00 213.00 1,278.00 200.00 200.00 SEP 2-01-202-7330: VARIOUS LS -1 72,122.34 ALLNITE SEP 2-36-171-5626:BUTTERFIELD/LA SEF 23,712.65 SEP 2-05-791-8807:31587 TEM PKWY LSA 8,808.00 SEP 2-02-351-5281:30875 RANCHO VISTA 7,797.19 SEP 2-20-798-3248:42081 MAIN ST 2,176.32 SEP 2-10-331-2153:28816 PUJOL ST 1,374.16 SEP 2-28-171-2620:40820 WINCHESTER I 1,137.75 SEP 2-30-608-9384:28582 HARVESTON D 470.97 SEP 2-29-974-7899:26953 YNEZ RD LS -3 141.94 SEP 2-31-419-2659:26706 YNEZ RC TC1 128.49 SEP 2-29-479-2981:31454 TEM PKWY TC' 105.29 SEP 2-29-223-9571:30395 MURR HOT SPI 47.58 SEP 2-25-350-5119:45602 REDHAWK PKV 26.76 SEP 2-30-066-2889:30051 RANCHO VISTA 26.45 SEP 2-36-122-7820:31777 DEPORTOLA R 26.16 REFRESHMENTS:HUMAN SERVICES PRGMS 118,102.05 31.37 31.37 OFFICE SUPPLIES: CITY MANAGER 193.19 OFFICE SUPPLIES: TCSD ADMIN 164.37 OFFICE SUPPLIES: TCSD ADMIN 79.37 REC SUPPLIES: CRC 77.17 OFFICE SUPPLIES: THEATER 76.85 OFFICE SUPPLIES: CITY CLERK 73.15 OFFICE SUPPLIES: PD OLD TOWN OFC 62.83 OFFICE SUPPLIES: PW LAND DEV 52.02 OFFICE SUPPLIES: TCSD ADMIN 48.41 SUPPLIES: SKATE PARK 45.23 OFFICE SUPPLIES: TCSD 38.65 OFFICE SUPPLIES: TCSD 38.65 OFFICE SUPPLIES: CITY MANAGER 35.52 OFFICE SUPPLIES: CITY MANAGER 5.07 OFFICE SUPPLIES: TCSD -38.65 OFFICE SUPPLIES: TCSD -38.65 CREDIT:OFFICE SUPPLIES/THEATER -161.99 179647 10/20/2016 019346 STRADLEY, MARY KATHLEEN '16 PLEIN AIR 3RD PLACE AWARD 751.19 50.00 50.00 Page:7 apChkLst Final Check List Page: 8 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179648 10/20/2016 003677 TEMECULA MOTORSPORTS MOTORCYCLE 62.16 62.16 LLC REPAIR/MAINT:TEM.P.D. 179649 10/20/2016 004260 TEMECULA STAMP & INK STAMPS FOR PLANS:BLDG & 81.49 81.49 GRAPHICS SAFETY 179650 10/20/2016 009194 TEMECULA VALLEY NEWS ADVERTISING:FIT FINALE 9/18/16 660.44 660.44 179651 10/20/2016 017415 THYSSENKRUPP ELEVATOR EMERG ELEVATOR SRVC:PARKING 236.00 236.00 CORP GARAGE 179652 10/20/2016 002452 TOP LINE INDUSTRIAL PW EQUIP PARTS: STREET MAINT 129.28 PW EQUIP PARTS: STREET MAINT 96.61 225.89 179653 10/20/2016 000161 TYLER TECHNOLOGIES, INC CUSTOM REPORT REQUEST:INFO 250.00 250.00 TECH 179654 10/20/2016 017579 U.S. HEALTHWORKS MEDICAL Pre employ drug screenings:HR 162.00 CREDIT:BILLING ADJ/HR DEPT -31.00 131.00 179655 10/20/2016 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00 PAYMENT 179656 10/20/2016 019347 VALTIERRA, ADOLFO CAL-ORCA RENEW PARTNERSHIP 12.30 12.30 9/26-27 179657 10/20/2016 014848 VALUTEC CARD SOLUTIONS, SEPT TICKETING SERVICES: THEATER 39.00 39.00 LLC 179658 10/20/2016 004848 VERIZON OCT LONG DISTANCE PHONE SVCS 1.17 1.17 179659 10/20/2016 009101 VISION ONE, INC. SEPT SHOWARE TICKETING 2,813.80 2,813.80 SRVCS:THEATER 179660 10/20/2016 007987 WALMART SUPPLIES:TCC 130.10 REC SUPPLIES:CRC 50.52 180.62 1001288 10/13/2016 019335 BURKE, DAVID REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 1001289 10/13/2016 019336 FINK, ROD REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 1001290 10/13/2016 019337 IGNACIO, KARI REFUND:BRIGHT START FOR KIDS 98.00 98.00 6010.202 1001291 10/13/2016 019338 LONG, TOM REFUND;BIGFOOT'S SMASH VIDEO 10.00 10.00 GAME Page:8 apChkLst Final Check List Page: 9 10/20/2016 8:44:59AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1001292 10/13/2016 019339 MELTZER, MELINDA 1001293 10/13/2016 019340 NEIL, CASS I E 1001294 10/13/2016 019341 NGO, JULIE 1001295 10/13/2016 019342 RENIRIE, DENISE 1001296 10/13/2016 019343 TAVARES, SAMANTHA Description REFUND:U-JAM FITNESS 3500.204 REFUND:INT'L COOKING SERIES 1602.201 REFUND:SEC DEP:RM RENTAL:CONF CTR A/B REFUND:TEM WINE & PAINT CLASS 2070.204 REFUND:PRE-DANCE & TUMBLE 1900.201 Amount Paid Check Total 15.00 15.00 37.00 37.00 150.00 150.00 10.00 10.00 72.00 72.00 Grand total for UNION BANK: 549,058.91 Page:9 apChkLst Final Check List Page: 10 10/20/2016 8:44:59AM CITY OF TEMECULA 114 checks in this report. Grand Total All Checks: 549,058.91 Pagel 0 apChkLst Final Check List Page: 1 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 3109 10/07/2016 006887 UNION BANK OF CALIFORNIA 017091 1800FLOWERS.COM IG SUNSHINE FUND 78.81 000751 SKILLPATH INC IG TRAINING COURSE: CRAFT, 99.00 177.81 CHARLENE 179661 10/27/2016 016764 ABM BUILDING SERVICES, LLC HVAC REPAIR: STA. 84 119.30 HVAC REPAIR SRVCS: PARKING GARAG 562.78 INSTALL HVAC MOTOR: FOC 399.53 REPLACE HVAC PARTS: HARV COMM R( 240.33 REPLACE HVAC FUSE: THEATER 157.06 1,479.00 179662 10/27/2016 004802 ADLERHORST INTERNATIONAL MUZZLE, HEAVY DUTY LEATHER: 259.20 259.20 INC POLICE DEPT 179663 10/27/2016 019358 AIR FORCE ONE REFUND:CANCELLED 152.00 152.00 PERM IT:B16-2487 179664 10/27/2016 015217 AIRGAS, INC. Dry ice for experiments:Pennypickle's 11.28 11.28 179665 10/27/2016 004422 AMERICAN BATTERY TRAFFIC SIGNAL EQUIPMENT: PW 569.59 569.59 CORPORATION TRAFFIC 179666 10/27/2016 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA 411.42 (AFN) POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 1,144.26 1,555.68 179667 10/27/2016 017149 B G P RECREATION, INC. TCSD INSTRUCTOR EARNINGS 2,665.60 TCSD INSTRUCTOR EARNINGS 1,254.40 TCSD INSTRUCTOR EARNINGS 4,290.30 8,210.30 179668 10/27/2016 011666 B P S TACTICAL INC TACTICAL BALLISTIC VEST 437.40 437.40 COVER:CALDERON, 179669 10/27/2016 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 0.40 BOOK COLLECTIONS:LIBRARY 982.59 BOOK COLLECTIONS:LIBRARY 30.40 1,013.39 179670 10/27/2016 015592 BAMM PROMOTIONAL SPORTS:VAR PROGRAM AWARDS & 129.43 PRODUCTS, INC UNIFORMS UNIFORM SHIRTS:INFO TECH 146.79 276.22 179671 10/27/2016 013482 BAS SECURITY SECURITY SERVICES:THEATER 537.00 537.00 179672 10/27/2016 004262 BIO-TOX LABORATORIES DRUG/ALCOHOL ANALYSIS:POLICE 807.00 DRUG/ALCOHOL ANALYSIS:POLICE 1,360.70 DRUG/ALCOHOL ANALYSIS:POLICE 1,720.64 3,888.34 179673 10/27/2016 019227 BLAIR-MURRAH, INC EXHIBIT RENTAL:TVM 5,000.00 5,000.00 Pagel apChkLst Final Check List Page: 2 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179674 10/27/2016 005321 CALIF ASSOC OF CODE SBSCPTN COMPLETE GUIDE TO 50.00 50.00 CUSTOMER 179675 10/27/2016 004248 CALIF DEPT OF SEP 16 DOJ ALCOHOL ANALYSIS: 315.00 315.00 JUSTICE-ACCTING POLICE 179676 10/27/2016 004241 CALIF DEPT OF STATE REMITTANCE OF SB1186 - QE SEP 160.20 160.20 ARCHITECT 2016 179677 10/27/2016 000131 CARL WARREN & COMPANY SEP 16 CLAIM ADJUSTER SERVICES 4,557.50 4,557.50 INC 179678 10/27/2016 004462 CDW, LLC MISC SMALL TOOLS & EQUIP:INFO 227.17 227.17 TECHNOLOGY 179679 10/27/2016 018571 CENTRE COURT REFUND: PERMIT FEES: B15-2697 101.76 101.76 179680 10/27/2016 000137 CHEVRON AND TEXACO OCT 16 CITY VEHICLES FUEL:POLICE 1,480.58 1,480.58 179681 10/27/2016 017449 CHRIST PRESBYTERIAN REFUND:SEC DEP:RM 200.00 200.00 CHURCH RENTAL:HARVESTON 179682 10/27/2016 005417 CINTAS FIRST AID & SAFETY FIRST-AID KIT SUPPLIES:VAR 645.63 645.63 FACILITIES 179683 10/27/2016 018396 COLLABORATIVE LEARNING REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 179684 10/27/2016 000442 COMPUTER ALERT SYSTEMS SECURITY ALARM SRVC: THEATER 75.00 75.00 179685 10/27/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CIVIC 663.12 663.12 DIST. CENTER 179686 10/27/2016 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 259.00 TCSD INSTRUCTOR EARNINGS 129.50 TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 98.00 TCSD INSTRUCTOR EARNINGS 252.00 878.50 179687 10/27/2016 001264 COSTCO TEMECULA#491 MISC SUPPLIES:ECO DEV EVENTS 206.63 EVENT SUPPLIES: TVE2 57.25 263.88 179688 10/27/2016 004329 COSTCO TEMECULA#491 MISC SUPPLIES:TV MUSEUM 109.68 SUPPLIES:AQUATICS 507.57 617.25 179689 10/27/2016 010650 CRAFTSMEN PLUMBING & FACILITY MAINTENANCE: STA 92 210.00 210.00 HVAC INC Page2 apChkLst Final Check List Page: 3 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179690 10/27/2016 014580 DANCE THEATRE COLLECTIVE SETTLEMENT:DANCEXCHANGE 10/18 91.00 91.00 179691 10/27/2016 003945 DIAMOND ENVIRONMENTAL PORTABLE TOILET SVC FOR CITY 121.20 121.20 SRVCS WIDE CLEAN 179692 10/27/2016 017928 DOMINGUEZ, JOAQUIN REFUND:W/D PLAN APP:PA14-0100 89.90 89.90 179693 10/27/2016 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES:TCSD 362.43 LUBRICANTS FUEL FOR CITY VEHICLES:POLICE 92.82 FUEL FOR CITY VEHICLES:CODE ENF 90.83 FUEL FOR CITY VEHICLES:BLDG & SAFE 244.31 FUEL FOR CITY VEHICLES:PW 203.72 FUEL FOR CITY VEHICLES:PW TRAFFIC 134.84 FUEL FOR CITY VEHICLES:PW 438.29 FUEL FOR CITY VEHICLES:PW 487.67 179694 10/27/2016 002390 EASTERN MUNICIPAL WATER SEP WATER METER:39569 SERAPHINA DIST RD SEP WATER METER:39656 DIEGO DR SEP WATER METER:MURR HOT SPRING SEP WATER METER:MURR HOT SPRING 557.88 62.17 36.58 29.77 179695 10/27/2016 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 122.50 AILEEN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 179696 10/27/2016 015090 EVAPCO PRODUCTS, INC. OCT 16 CONDENSER WATER SYS MAINT: CIV 175.00 227.50 105.00 192.50 280.00 157.50 245.00 245.00 157.50 192.50 175.00 2,054.91 686.40 2,275.00 566.50 566.50 Page:3 apChkLst Final Check List Page: 4 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 179698 10/27/2016 001056 EXCEL LANDSCAPE, INC. Description OCT 16 LNDSCP MAINT SRVCS: SOUTH SLOPES OCT 16 LNDSCP MAINT SRVC: VAR PAR' IRRIGATION REPAIRS: VARIOUS PARKS IRRIGATION REPAIRS: VARIOUS PARKS OCT 16 LNDSCP MAINT SRVCS: VARIOU OCT 16 LNDSCP MAINT SRVC: VAR PAR' OCT 16 LNDSCP MAINT SRVC: VAR PAR' OCT 16 LNDSCP MAINT SRVCS: NORTH IRRIGATION REPAIRS: RON ROBERTS LI irrig repairs:signet series:var slopes IRRIGATION REPAIRS: HARVESTON SLO irrig repairs:signet series:var slopes IRRIGATION REPAIRS: VARIOUS PARKS IRRIGATION REPAIRS: VAIL RANCH 179699 10/27/2016 015330 FAIR HOUSING COUNCIL AUG16 FAIR HOUSING SRVCS:CDBG FUNDING JUL 16 FAIR HOUSING SRVCS:CDBG FUf 179700 10/27/2016 008482 FASSBENDER, NANCY L. REFUND:SEC DEP:RM RENTAL:TCC 179701 10/27/2016 000165 FEDERAL EXPRESS INC 10/6-10/10 EXP MAIL SVCS:CLERK/FIN/CIP 9/27-10/4 EXP MAIL SVCS: 179702 10/27/2016 003747 FINE ARTS NETWORK STTLMNT: "ASSASSINS 10/13-10/23" 179703 10/27/2016 017135 FOX, STACY REIMB:PLAYGROUND SAFETY INSPECTOR TRNG 179704 10/27/2016 014865 FREIZE UHLER, KIMBERLY PROMO SHIRTS: TCC 179705 10/27/2016 018858 FRONTIER CALIFORNIA, INC. OCT INTERNET SVCS:41000 MAIN ST OCT INTERNET SVCS:SENIOR CENTER OCT INTERNET SVCS:41000 MAIN ST OCT INTERNET SVCS:LIBRARY Amount Paid Check Total 34,054.66 48,665.00 85.27 80.12 10,708.73 51,727.00 18,194.00 21,564.33 162.00 146.84 101.84 350.95 77.82 221.72 1,750.89 1,240.38 200.00 76.89 194.80 5,977.42 186,140.28 2,991.27 200.00 271.69 5,977.42 474.82 474.82 883.71 883.71 4,418.13 144.99 2,824.46 184.99 7,572.57 179706 10/27/2016 009097 FULL COMPASS SYSTEMS Misc equip CRC— 62.54 62.54 179707 10/27/2016 016184 FUN EXPRESS, LLC Supplies:Special Events 1,131.82 1,131.82 179708 10/27/2016 003946 G T ENTERTAINMENT DJ/ANNOUNCING: HALLOWEEN 400.00 400.00 FAMILY CARNIVAL 179709 10/27/2016 009608 GOLDEN VALLEY MUSIC SETTLEMENT:CLASSICS...MERC OCT. 547.40 547.40 SOCIETY '16 Page4 apChkLst Final Check List Page: 5 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179710 10/27/2016 003792 GRAINGER MISC STAGE SUPPLIES: THEATER 132.72 SECURITY DOOR HARDWARE: CRC 232.98 365.70 179711 10/27/2016 015451 GREATAMERICA FINANCIAL OCT 16 LEASE 16 COPIERS:CITY 520.09 520.09 SVCS HALL/OFF-SI 179712 10/27/2016 007935 GRIEBE, MICHELLE REFUND: SEC DEP: TCC 200.00 200.00 MULTIPURPOSE ROOM 179713 10/27/2016 003198 HOME DEPOT, THE MAINT SUPPLIES: VARIOUS PARKS 23.73 23.73 179714 10/27/2016 018602 HORIZON SOLAR POWER REFUND:PERMIT/INSPECT 227.52 227.52 FEES:B16-2274,2064 179715 10/27/2016 017334 HOUSE OF AUTOMATION INC. GATE REPAIR: STA 95 325.00 325.00 179716 10/27/2016 006914 INNOVATIVE DOCUMENT SEP 16 COPIER 6,394.23 SOLUTIONS MAINT/REPAIR/USAGE:CITYWID SEP 16 COPIER MAINT/REPAIR/USAGE:C 446.80 6,841.03 179717 10/27/2016 003296 INTL CODE COUNCIL 2016 Code Books for Bldg Techs 1,208.56 1,208.56 179718 10/27/2016 001282 KNORR SYSTEMS INC WATER FOUTAIN PARTS: WOLF 174.40 174.40 CREEK PARK 179719 10/27/2016 004062 KUSTOM SIGNALS INC Radar/lidar repair & maint: tem police 767.20 767.20 179720 10/27/2016 017946 LANDRUM, KAREN TCSD INSTRUCTOR EARNINGS 492.92 492.92 179721 10/27/2016 004412 LEANDER, KERRY D. TCSD INSTRUCTOR EARNINGS 436.80 TCSD INSTRUCTOR EARNINGS 1,001.00 TCSD INSTRUCTOR EARNINGS 434.70 TCSD INSTRUCTOR EARNINGS 193.20 TCSD INSTRUCTOR EARNINGS 582.40 TCSD INSTRUCTOR EARNINGS 273.00 2,921.10 179722 10/27/2016 014772 LOTA, RAYMOND A PHOTO BOOTH RENTAL- TCSD 698.00 698.00 EVENTS 179723 10/27/2016 014365 MAILFINANCE, INC. PROPERTY TAX: SUPPORT SERVICES 148.94 148.94 179724 10/27/2016 003782 MAIN STREET SIGNS signs and supplies:pw street maint div 719.46 signs and supplies:pw street maint div 428.29 1,147.75 179725 10/27/2016 013443 MIDWEST TAPE LLC Misc DVD's, books on CD, audio 38.99 38.99 Page:5 apChkLst Final Check List Page: 6 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 179726 10/27/2016 004951 MIKE'S PRECISION WELDING WELDING SRVCS:REDHAWK PARK 720.00 720.00 INC. GATES 179727 10/27/2016 012264 MIRANDA, JULIO C. TCSD INSTRUCTOR EARNINGS 465.50 TCSD INSTRUCTOR EARNINGS 631.75 1,097.25 179728 10/27/2016 001067 M ITY LITE INC TABLES:CRC 1,217.63 1,217.63 179729 10/27/2016 016445 MKB PRINTING & BUS CARDS:ECO DEV:OBMANN, B. 32.54 32.54 PROMOTIONAL INC 179730 10/27/2016 004040 MORAMARCO, ANTHONY J. PROMO ITEMS & DESIGN WORK:CSD 350.00 350.00 179731 10/27/2016 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: FINANCE 168.78 168.78 DIV 179732 10/27/2016 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & 2,533.95 2,533.95 SAFETY 179733 10/27/2016 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:CODE ENF 383.70 383.70 179734 10/27/2016 017888 PACIFIC HYDROBLASTING INC STEAM CLEANING:OLD TOWN 2,800.00 2,800.00 WALKWAYS 179735 10/27/2016 000249 PETTY CASH PETTY CASH FOR HALLOWEEN 1,500.00 1,500.00 CARNIVAL '16 179736 10/27/2016 000249 PETTY CASH PETTY CASH YAC BOOTH 200.00 200.00 HALLOWEEN CARNIVAL 179737 10/27/2016 000262 RANCHO CALIF WATER SEP LNDSCP WATER METER:41951 610.51 DISTRICT MORAGA SEP LNDSCP WATER METER:CALLE ELE 77.47 SEP VAR WATER METERS:PW YMCA 362.12 SEP VAR WATER METERS:TCSD SVC LE 20,059.50 SEP FLOATING METER:PW MAINT 231.11 21,340.71 179738 10/27/2016 000353 RIVERSIDE CO AUDITOR SEPT'16 PRKG CITATION 5,373.75 5,373.75 ASSESSMENTS 179739 10/27/2016 012251 ROTH, DONALD J. TCSD INSTRUCTOR EARNINGS 378.00 TCSD INSTRUCTOR EARNINGS 378.00 756.00 179740 10/27/2016 009196 SACRAMENTO THEATRICAL SOUND/LIGHTING SUPPLIES: 84.13 84.13 LIGHTING THEATER 179741 10/27/2016 004274 SAFE & SECURE LOCKSMITH LOCKSMITH SERVICE: CRC 253.00 253.00 Page:6 apChkLst Final Check List Page: 7 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 179742 10/27/2016 019094 SAN JACINTO, CITY OF POLICE SERVICES JPA FEASIBILITY STUDY 179743 10/27/2016 013376 SECURITY SIGNAL DEVICES FIRE SYSTEM REPAIR: PARKING INC GARAGE 179744 10/27/2016 015457 SHAW HR CONSULTING, INC. JUL-AUG CONSULTING SERVICES: HR PARK MAINT CONSULTING SERVICES: H AUG CONSULTING SERVICES: HR FACILITY MAINT CONSULTING SERVICE; STREET MAINT CONSULTING SERVICES Amount Paid Check Total 3,466.67 3,466.67 417.00 417.00 1,242.50 1,354.84 2,131.50 1,347.38 1,539.34 7,615.56 179745 10/27/2016 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 10/20/16 593.00 LIFENOTE TICKET SALES SETTLEMENT 2,655.00 3,248.00 179746 10/27/2016 009746 SIGNS BY TOMORROW Temporary banner for Citywide Clean-up 65.79 65.79 179747 10/27/2016 000537 SO CALIF EDISON SEP 2-29-974-7568:26953 YNEZ RD TC1 146.94 SEP 2-31-693-9784:26036 YNEZ RD TC1 385.05 SEP 2-33-237-4818:30499 RANCHO CAL L 93.51 SEP 2-26-887-0789:40233 VILLAGE RD 1,744.88 SEP 2-27-560-0625:32380 DEERHOLLOW 2,933.54 SEP 2-30-296-9522:46679 PRIMROSE AVE 438.66 5,742.58 179748 10/27/2016 001212 SO CALIF GAS COMPANY 179749 10/27/2016 000519 SOUTH COUNTY PEST CONTROL INC 179750 10/27/2016 002366 STEAM SUPERIOR CARPET CLEANING 179751 10/27/2016 012789 STUART, JENNIFER SARAH 179752 10/27/2016 013387 SWEEPING UNLIMITED INC 179753 10/27/2016 010679 TEMECULA AUTO REPAIR/RADIATOR SEP 055-475-6169-5:32380 176.25 DEERHOLLOW SEP 015-575-0195-2:32211 WOLF VLY RD 94.50 PEST CONTROL SRVCS: TVE2 160.00 270.75 PEST CONTROL: YMCA/MARG PARK 70.00 PEST CONTROL: PALOMA DEL SOL PARE 94.00 PEST CONTROL: PBSP 70.00 PEST CONTROL: WOLF CREEK 49.00 PEST CONTROL: DUCK POND 49.00 PEST CONTROL SRVCS: FIRE STN 95 80.00 PEST CONTROL SRVCS: FIRE STN 92 42.00 PEST CONTROL SRVCS: O.A.T.C. 48.00 662.00 CARPET CLEANING SRVCS: STA 92 425.00 425.00 TCSD INSTRUCTOR EARNINGS 6,397.33 6,397.33 OCT SWEEPING SRVCS: PARKING 540.00 540.00 GARAGE INV# 42372 BILLING ADJ./TCSD 4.61 4.61 Page:7 apChkLst 10/27/2016 8:32:17AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK Check # Date 179754 10/27/2016 179755 10/27/2016 179756 10/27/2016 179757 10/27/2016 179758 10/27/2016 179759 10/27/2016 179760 10/27/2016 179761 10/27/2016 179762 10/27/2016 179763 10/27/2016 179764 10/27/2016 179765 10/27/2016 179766 10/27/2016 179767 10/27/2016 1001297 10/20/2016 Vendor 003677 TEMECULA MOTORSPORTS LLC 004260 TEMECULA STAMP & GRAPHICS 010046 TEMECULA VALLEY CONVENTION & 010276 TIME WARNER CABLE 000668 TIMMY D PRODUCTIONS INC 017565 TRAFFIC MANAGEMENT INC. 000278 TRONC, INC. 017579 U.S. HEALTHWORKS MEDICAL 019348 VASQUEZ, SERGIO 018147 WADDLETON, JEFFREY L. 007987 WALMART 001881 WATER SAFETY PRODUCTS INC 003730 WEST COASTARBORISTS INC 018909 WOMEN'S MUSEUM OF CALIFORNIA 019352 CLOUD NINE YOGA, LLC (Continued) Description MOTORCYCLE REPAI R/MAI NT:TEM . P. D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. INK STAMPS FOR PLANS:BLDG & SAFETY AUG '16 BUS. IMPRV DISTRICT ASM NTS OCT HIGH SPEED INTERNET:32364 OVERLAND OCT HIGH SPEED INTERNET:32211 WOL OCT HIGH SPEED INTERNET:29119 MART SOUND, STAGE & LIGHTING SRVCS:CULTURAL A VEH SAFETY EQUIP: PW STREET MAI NT 10/15/16-10/14/17 SUBSCR:FIN 47545664 Pre employ drug screenings:HR Pre employ drug screenings:HR REFUND:SEC DEP:RM RENTAL:TCC CREDIT:EVENT CANCELLED/CANCELLATION FEE TEEN HALLOWEEN DANCE @ CRC 10/14 MISC SUPPLIES:MPSC POOL SUPPLIES:AQUATICS TREE TRIMS & REMOVALS:VAIL RANCH SLOPE TREE TRIMS & REMOVALS:VAIL RANCH TREE TRIMS & REMOVALS:VINTAGE HILI LECTURE:TVM 11/3/16 REFUND:OVERPMT:LATE FEE:BUS LIC #02521 Amount Paid Check Total 123.64 87.72 271.52 629.43 1,038.54 18.62 136,272.65 54.99 180.65 348.74 750.00 2,902.00 258.55 50.00 280.00 125.00 -350.00 450.00 266.09 347.87 890.00 7,111.00 540.00 118.00 2,150.85 18.62 136,272.65 584.38 750.00 2,902.00 258.55 330.00 125.00 100.00 266.09 347.87 8,541.00 118.00 35.00 35.00 Page:8 apChkLst Final Check List Page: 9 10/27/2016 8:32:17AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1001298 10/20/2016 019353 ABREA, CIRCE 1001299 10/20/2016 019354 ANDERSON, PATRICIA 1001300 10/20/2016 018767 DIONISIO, MARY ABIGAIL 1001301 10/20/2016 019355 HARTMAN, RANDALL 1001302 10/20/2016 019356 MORENO, CECILY 1001303 10/20/2016 018365 SOUTHWEST HEALTHCARE Description REFUND:SEC DEP:RM RENTAL:TCC REFUND:BASKETBALL SKILLS 2310.205 REFUND:U-JAM FITNESS 3500.203 REFUND:SEC DEP:PICNIC RENTAL:RRSP REFUND:SEC DEP:PICNIC RENTAL:PALA PARK REFUND:SEC DEP:RM RENTAL:TCC Amount Paid Check Total 125.00 125.00 50.00 50.00 10.00 10.00 200.00 200.00 200.00 200.00 200.00 200.00 Grand total for UNION BANK: 484,103.90 Page:9 apChkLst Final Check List Page: 10 10/27/2016 8:32:17AM CITY OF TEMECULA 114 checks in this report. Grand Total All Checks: 484,103.90 Pagel 0 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 15, 2016 SUBJECT: Approve the City Treasurer's Report as of September 30, 2016 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of September 30, 2016. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of September 30, 2016. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of September 30, 2016 Investments City of Temecula, California Portfolio Management Portfolio Summary September 30, 2016 City of Temecula 41000 Main Street P.C. Box 9033 Temecula, CA 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 36,963,049.38 36,963,049.38 36,963,049.38 37.36 1 1 0.435 0.441 600,504.57 600,504.57 1.00 1.00 37,373,847.59 37,385,285.18 16, 000, 000.00 16, 022, 850.00 8,000,000.00 8,031,91 0.00 600,504 57 0.61 i 1 0.000 0.000 1.00 0.00 1 1 0.000 0.000 37,373,847.59 37.78 1 1 0.625 0.634 16, 000, 000.00 16.17 1,347 1 ,005 1.354 1.373 7,993,680.00 8.08 1,373 521 1.109 1.124 98,937,402.54 99,003,600.13 98,931,082.54 100.00% 330 205 0.707 0.717 1, 962, 032.46 1,962,032.46 1,962,032.46 0 000 0.000 100,899,435.00 100,965,632.59 100,893,115.00 330 205 0.707 0.717 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 56, 814.75 100,875,316.83 0.69% Reporting period 09/01/2016-09/30/2016 Run Date: 10121(2016 - 10:48 175, 716.49 113,040,021.54 0.62% Portfolio TEME CP PM (PRF_PM1) 7.3 0 Report Ver. 7 3 5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2016 Page 1 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 104348006-6 01-02RESA11 First Amer Govt Oblig Fund CI 08/01/2016 440,510.63 440,510.63 440,510.63 0.250 0.247 0.250 1 104348000-6 01-02SPTAXI I First Amer Govt Oblig Fund CI 53,699.40 53,699.40 53,699.40 0.250 0.247 0.250 1 104348016-6 01-2RESB11 First Amer Govt Oblig Fund CI 08/01/2016 188,661.50 188,661.50 188,661.50 0.250 0.247 0.250 1 164741008-6 03-03IMP First Amer Govt Oblig Fund CI 08/01/2016 300,921.71 300,921.71 300,921.71 0.250 0.247 0.250 1 164741006-6 03-03RES First Amer Govt Oblig Fund CI 08/01/2016 389.34 389.34 389.34 0.250 0.247 0.250 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund CI 08/01/2016 195,714.45 195,714.45 195,714.45 0.250 0.247 0.250 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund CI 07/01/2016 15,147.27 15,147.27 15,147.27 0.250 0.247 0.250 1 94669921-6 03-1ACQ 11 First Amer Govt Oblig Fund CI 08/01/2016 1,073,121.67 1,073,121.67 1,073,121.67 0.250 0.247 0.250 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund CI 08/01/2016 144.70 144.70 144.70 0.250 0.247 0.250 1 94669917-6 03-1 RES First Amer Govt Oblig Fund CI 08/01/2016 0.02 0.02 0.02 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund CI 08/01/2016 147,915.33 147,915.33 147,915.33 0.250 0.247 0.250 1 94669000-6 03-1 SPTAXI I First Amer Govt Oblig Fund CI 08/01/2016 45,729.42 45,729.42 45,729.42 0.250 0.247 0.250 1 793593011-6 03-2ACQ11 First Amer Govt Oblig Fund CI 08/01/2016 42,297.61 42,297.61 42,297.61 0.250 0.247 0.250 1 793593009-6 03-2EMWD11 First Amer Govt Oblig Fund CI 08/01/2016 1,099.46 1,099.46 1,099.46 0.250 0.247 0.250 1 793593007-6 03-2IMPR11 First Amer Govt Oblig Fund CI 08/01/2016 1,146.18 1,146.18 1,146.18 0.250 0.247 0.250 1 793593016-6 03-2L0011 First Amer Govt Oblig Fund CI 08/01/2016 142,223.50 142,223.50 142,223.50 0.250 0.247 0.250 1 793593000-6 03-2SPTX First Amer Govt Oblig Fund CI 08/01/2016 26,350.58 26,350.58 26,350.58 0.250 0.247 0.250 1 94686001-6 03-4ADMINI I First Amer Govt Oblig Fund CI 08/01/2016 508.18 508.18 508.18 0.250 0.247 0.250 1 94686005-6 03-4PREP11 First Amer Govt Oblig Fund CI 08/01/2016 12.56 12.56 12.56 0.240 0.237 0.240 1 94686000-6 03-4RED11 First Amer Govt Oblig Fund CI 08/01/2016 7,319.39 7,319.39 7,319.39 0.250 0.247 0.250 1 94686006-6 03-4RES11 First Amer Govt Oblig Fund CI 08/01/2016 34,012.21 34,012.21 34,012.21 0.250 0.247 0.250 1 94434160-6 RDA-02INT First Amer Govt Oblig Fund CI 08/01/2016 0.95 0.95 0.95 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund CI 08/01/2016 1.21 1.21 1.21 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund CI 08/01/2016 0.45 0.45 0.45 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund CI 07/01/2016 0.56 0.56 0.56 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund CI 08/01/2016 0.02 0.02 0.02 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund CI 08/01/2016 0.04 0.04 0.04 0.000 0.000 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund CI 08/01/2016 202,121.66 202,121.66 202,121.66 0.250 0.247 0.250 1 107886020-6 RDA07INT First Amer Govt Oblig Fund CI 08/01/2016 0.13 0.13 0.13 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund CI 08/01/2016 0.21 0.21 0.21 0.000 0.000 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund CI 08/01/2016 209,714.19 209,714.19 209,714.19 0.250 0.247 0.250 1 107886026-6 RDAO7RES First Amer Govt Oblig Fund CI 08/01/2016 1,104,117.67 1,104,117.67 1,104,117.67 0.250 0.247 0.250 1 136343008-6 RDAI OAPROJ First Amer Govt Oblig Fund CI 07/01/2016 19,953.97 19,953.97 19,953.97 0.250 0.247 0.250 1 136343018-6 RDAIOBPROJ First Amer Govt Oblig Fund CI 08/01/2016 5,187,535.55 5,187,535.55 5,187,535.55 0.250 0.247 0.250 1 136343000-6 RDAI OINT First Amer Govt Oblig Fund CI 08/01/2016 158,106.90 158,106.90 158,106.90 0.250 0.247 0.250 1 136343001-6 RDAI OPRIN First Amer Govt Oblig Fund CI 08/01/2016 0.47 0.47 0.47 0.000 0.000 1 Run Date: 10/21/2016 - 10:48 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2016 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 136343006-6 RDAI ORSRV First Amer Govt Oblig Fund CI 08/01/2016 1,263,955.03 1,263,955.03 1,263,955.03 0.250 0.247 0.250 1 146161000-6 RDAI TAINT First Amer Govt Oblig Fund CI 08/01/2016 19.26 19.26 19.26 0.260 0.256 0.260 1 146161001-6 RDAI IAPRIN First Amer Govt Oblig Fund CI 08/01/2016 7.80 7.80 7.80 0.260 0.256 0.260 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDAI IAPROJ Federated Institutional Tax Fr 08/01/2016 7,281,629.85 7,281,629.85 7,281,629.85 0.290 0.286 0.290 1 146161006-3 RDAI IARSRV Federated Institutional Tax Fr 08/01/2016 1,308,786.11 1,308,786.11 1,308,786.11 0.290 0.286 0.290 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01 SPTAXI 1 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593016-5 03-2 LOCI 1 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593010-5 03-2 PWADMI I Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 793593007-5 03 -2 -IMP R11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686001-5 03-4 ADMINI 1 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2016 0.00 0.00 0.00 0.000 0.000 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 773,491.66 773,491.66 773,491.66 0.634 0.625 0.634 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 309,396.66 309,396.66 309,396.66 0.634 0.625 0.634 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 11,488,787.90 11,488,787.90 11,488,787.90 0.634 0.625 0.634 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 Run Date: 10/21/2016 - 10:48 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2016 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,504,753.91 3,504,753.91 3,504,753.91 0.634 0.625 0.634 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,433,740.11 1,433,740.11 1,433,740.11 0.634 0.625 0.634 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.634 0.625 0.634 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 37,625,665.85 36,963,049.38 36,963,049.38 36,963,049.38 0.435 0.441 1 Retention Escrow Account ARMY CORPS Army Corps Union Bank Subtotal and Average 600,504.57 600,494.68 600,504.57 600,504.57 600,504.57 600,504.57 600,504.57 0.000 0.000 1 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2016 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 7,552,646.49 7,554,957.84 7,552,646.49 0.634 0.625 0.634 1 SYSRDA RDA CA Local Agency Investment Fun 1,759.99 1,760.53 1,759.99 0.634 0.625 0.634 1 SYSTCSD TCSD CA Local Agency Investment Fun 29,819,441.11 29,828,566.81 29,819,441.11 0.634 0.625 0.634 1 Subtotal and Average 35,393,847.59 37,373,847.59 37,385,285.18 37,373,847.59 0.625 0.634 1 Federal Agency Callable Securities 3130A3RY2 01201 Federal Home Loan Bank 12/30/2014 1,000,000.00 1,000,250.00 1,000,000.00 1.150 1.130 1.146 454 12/29/2017 3130A4G89 01207 Federal Home Loan Bank 03/24/2015 1,000,000.00 1,005,650.00 1,000,000.00 1.650 1.627 1.650 1,088 09/24/2019 3130A6YN1 01215 Federal Home Loan Bank 01/27/2016 1,000,000.00 1,002,680.00 1,000,000.00 1.700 1.677 1.700 1,213 01/27/2020 3134G67C1 01210 Federal Home Loan Mtg Corp 06/22/2015 1,000,000.00 1,000,990.00 1,000,000.00 1.200 1.184 1.200 629 06/22/2018 3134G8QB8 01219 Federal Home Loan Mtg Corp 03/29/2016 1,000,000.00 1,001,180.00 1,000,000.00 1.270 1.253 1.270 909 03/29/2019 3134G8PP8 01220 Federal Home Loan Mtg Corp 03/30/2016 1,000,000.00 1,003,290.00 1,000,000.00 1.500 1.661 1.684 1,460 09/30/2020 3136G2CE5 01203 Federal National Mtg Assn 01/30/2015 1,000,000.00 1,002,890.00 1,000,000.00 1.550 1.529 1.550 851 01/30/2019 3136G2D87 01204 Federal National Mtg Assn 02/13/2015 1,000,000.00 1,000,970.00 1,000,000.00 1.000 0.986 1.000 500 02/13/2018 3136G2EC7 01205 Federal National Mtg Assn 02/27/2015 1,000,000.00 1,000,820.00 1,000,000.00 1.300 1.282 1.300 879 02/27/2019 3136G2UA3 01213 Federal National Mtg Assn 11/30/2015 1,000,000.00 1,000,760.00 1,000,000.00 1.350 1.332 1.350 790 11/30/2018 Run Date: 10/21/2016 - 10:48 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2016 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3136G2UN5 01214 Federal National Mtg Assn 11/30/2015 1,000,000.00 1,001,000.00 1,000,000.00 1.500 1.479 1.500 971 05/30/2019 3136G2WT0 01216 Federal National Mtg Assn 01/27/2016 1,000,000.00 1,001,170.00 1,000,000.00 1.450 1.430 1.450 1,213 01/27/2020 3136G2XH5 01217 Federal National Mtg Assn 02/24/2016 1,000,000.00 1,000,820.00 1,000,000.00 1.400 1.381 1.400 1,241 02/24/2020 3136G3CL7 01218 Federal National Mtg Assn 03/24/2016 1,000,000.00 1,001,290.00 1,000,000.00 1.420 1.401 1.420 1,454 09/24/2020 3136G3TE5 01221 Federal National Mtg Assn 06/29/2016 1,000,000.00 1,000,200.00 1,000,000.00 1.250 1.233 1.250 1,367 06/29/2020 3136G3X59 01222 Federal National Mtg Assn 08/23/2016 1,000,000.00 998,890.00 1,000,000.00 1.100 1.085 1.100 1,056 08/23/2019 Subtotal and Average 16,933,333.33 16,000,000.00 16,022,850.00 16,000,000.00 1.354 1.373 1,005 Federal Agency Bullet Securities 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,000,100.00 1,000,000.00 1.300 1.282 1.300 5 10/06/2016 3133EDNDO 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 1,005,030.00 1,000,000.00 1.200 1.179 1.195 467 01/11/2018 3133EEHU7 01202 Federal Farm Credit Bank 01/14/2015 1,000,000.00 1,011,520.00 1,000,000.00 1.410 1.391 1.410 835 01/14/2019 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 1,000,430.00 1,000,000.00 0.550 0.542 0.550 87 12/27/2016 3130A4AJ1 01206 Federal Home Loan Bank 02/27/2015 1,000,000.00 1,004,220.00 1,000,000.00 1.140 1.124 1.140 514 02/27/2018 3130A5MH9 01211 Federal Home Loan Bank 06/26/2015 1,000,000.00 1,008,930.00 1,000,000.00 1.360 1.341 1.360 816 12/26/2018 3130A8ZV8 01223 Federal Home Loan Bank 08/23/2016 1,000,000.00 1,000,040.00 1,000,000.00 1.000 0.986 1.000 1,056 08/23/2019 3135G0PQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 1,001,640.00 993,680.00 0.875 1.026 1.040 390 10/26/2017 Subtotal and Average 7,993,680.00 8,000,000.00 8,031,910.00 7,993,680.00 1.109 1.124 521 Total and Average 100,875,316.83 Run Date: 10/21/2016 - 10:48 98,937,402.54 99,003,600.13 98,931,082.54 0.707 0.717 205 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash September 30, 2016 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 5 Passbook/Checking Accounts 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 07/01/2016 3,798.49 3,798.49 3,798.49 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2016 3,061.00 3,061.00 3,061.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,947,382.47 1,947,382.47 1,947,382.47 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2016 7,790.50 7,790.50 7,790.50 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 100,875,316.83 Run Date: 10/21/2016 - 10:48 100,899,435.00 100,965,632.59 100,893,115.00 0.707 0.717 205 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through September 2016 Fund # Fund Name Beginning Balance 001 GENERAL FUND $ 29,429,211.01 100 STATE GAS TAX FUND 396,318.63 120 DEVELOPMENT IMPACT FUND 7,334,253.08 125 PEG PUBLIC EDUCATION & GOVERNMENT 93,661.57 135 BUSINESS INCUBATOR RESOURCE 36,456.68 140 COMMUNITY DEV BLOCK GRANT 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 231,241.04 150 AB 2766 FUND 246,074.36 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 16,668.04 161 LARRY ROBINSON REWARD 25,425.29 165 AFFORDABLE HOUSING 650,379.60 170 MEASURE A FUND 5,116,663.18 190 TEMECULA COMMUNITY SERVICES DISTRICT 716,182.88 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 16,423.62 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 367,880.67 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 22,387.85 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 295,948.97 197 TEMECULA LIBRARY FUND 275,942.44 198 PUBLIC ART 34,704.93 210 CAPITAL IMPROVEMENT PROJECT FUND 11,875,749.86 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 1,755,670.52 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 300,836.07 277 CFD-RORIPAUGH 11,679,623.36 300 INSURANCE FUND 135,299.69 305 WORKER'S COMPENSATION 348,609.03 310 VEHICLES AND EQUIPMENT FUND 1,503,634.01 320 INFORMATION TECHNOLOGY 13,474.00 325 TECHNOLOGY REPLACEMENT FUND 542,188.77 330 CENTRAL SERVICES 424,003.73 340 FACILITIES 406,079.79 375 SUMMER YOUTH EMPLOYMENT PROGRAM 4,036.63 380 SARDA DEBT SERVICE FUND 13,220,799.72 381 REDEVELOPMEN PROPERTY TAX TRUST 3,183,153.96 460 CFD 88-12 DEBT SERVICE FUND 89,369.13 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,503,522.45 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,755,253.00 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 166,852.98 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,348,591.29 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 581,602.24 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,315,207.35 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 18,146.65 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 69,278.74 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 13,380.16 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3,620.10 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 10,832.04 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 20,595.39 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 383.50 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 66,184.46 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 21,787.61 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 8,496.33 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,696.76 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 65,122.11 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 13,117.28 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 5,397.06 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 3,456.06 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 40,567.41 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,100.67 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 55,780.46 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 77,377.62 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 128,743.06 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 149,184.05 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 2,187.54 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 12,708.49 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 65,746.04 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 42,712.68 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 800.40 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8,835.01 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 348,944.34 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,930.06 Receipts $ 6,607,276.84 176,040.96 60,275.80 25.52 6,807.16 151,337.31 78,586.37 416.92 263,643.63 262,434.92 56,413.75 11,016.89 89,021.14 499.80 85.64 33.22 238,993.68 788.42 6,593.26 2,524.38 8,985.17 13,972.69 3,041.16 11,319.57 2,584.78 14,057.58 2,927.87 384.26 Disbursements Fund Total $ 5,760,810.88 $ 30,275,676.97 95.74 572,263.85 1,236.91 7,393,291.97 360.13 93,326.96 7,431.29 35,832.55 56,951.60 94,385.71 38.68 231,202.36 1,986.31 244,088.05 15.93 95,238.48 4.25 25,421.04 12,609.89 638,186.63 949.97 5,379,356.84 516,829.64 461,788.16 72,837.37 - 36,359.51 331,521.16 3.74 22,384.11 19,027.30 276,921.67 33,315.24 253,644.09 5.81 34,699.12 80,463.77 11,884,307.23 682,903.95 1,073,266.37 - 300,921.71 75,517.00 11,604,139.58 37,796.59 97,503.10 5,489.15 343,119.88 251.52 1,503,382.49 252,467.68 - 242,336.16 299,852.61 38,508.44 386,283.71 107,680.03 298,399.76 1,344.26 9,285.63 - 13,223,324.10 - 3,183,153.96 14.95 89,354.18 751,612.58 760,895.04 721,186.69 1,048,039.00 125,301.77 44,592.37 1,392,316.09 1,967,594.77 227,058.96 357,128.06 2, 336, 753.41 4, 992, 511.52 7,222.61 10,924.04 5,135.60 64,143.14 6,148.49 7,231.67 1,154.27 2,465.83 6,078.25 4,753.79 2,729.44 17,865.95 3,311.37 - 22,283.85 43,900.61 281.05 21,506.56 1,101.68 7,394.65 234.07 1,462.69 16,777.67 48,344.44 4,551.57 8,565.71 2,052.11 3,344.95 1,609.61 1,846.45 3,534.02 37,033.39 324.87 775.80 16,083.60 39,696.86 6,717.12 70, 660.50 24, 049.98 104, 693.08 37,639.84 111,544.21 640.87 1,546.67 1,010.42 11,698.07 43,261.36 22,484.68 7,308.68 35,404.00 274.82 525.58 1,746.48 7,088.53 30,422.77 318,521.57 384.26 - 5.68 $ 33,924.38 Grand Total: $ 106,749,493.50 $ 8,070,088.69 $13,853,949.60 $ 100,965,632.59 Journal Entries completed after August's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 15, 2016 SUBJECT: Approve Financial Statements for the 4' Quarter Ended June 30, 2016 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016; 2. Approve a transfer of $2,000 from Finance department (001.140) to Animal Control department (001.172) to cover additional shelter operations expenses; 3. Approve an increase of $25,000 in revenues and an appropriation in Fund 160 Supplemental Law Enforcement Services Fund (SLESF) Transfer Out to General Fund Transfer In, due to additional receipt of grant revenue; 4. Approve an appropriation of $73,000 in the Insurance Fund 300 to cover additional claims. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the 4' Quarter Ended June 30, 2016. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various funds. The preliminary year-end results for General Fund revenue and expenditures compared to Budget projections are favorable. Total Fund Balance is $32,201,921 compared to the Budget projection of $27,517,235. The City's Reserve for Economic Uncertainty and Secondary Reserve are both fully funded at $15,491,296, which represents 25% of General Fund Operating Expenditures. A total of $1,595,973 of Fund Balance is assigned to cover Capital Improvement Projects expected to occur in FY2016-17. Below is a detail analysis of the preliminary results, compared to the FY2015-16 Budget. General Fund Revenue: $70,231,309 ($880,912 over Budget) Sales Tax - $1,053,533 over Budget FY15-16 actual Sales Tax revenue of $36,223,321 represents a 3.00% increase over the budget. In light of a recent acquisition of a major business within the City, Staff strategically forecasted conservative growth in Sales Tax to hedge against a potential loss of this significant sales tax contributor. Property Tax - $161,874 under Budget Property Tax Transfers are below projections due to lower than anticipated Property Transfer Taxes. Transient Occupancy Tax - $87,853 below Budget TOT receipts are slightly below projections due lower occupancy/room rates than anticipated. Non -Tax Revenue Sources - $76,260 over Budget Non -Tax revenue sources were over budget projections primarily due to more community activity projects occurring than originally anticipated. This growth in revenue was partially offset by lower Franchise Fees than anticipated due to the conversion from cable subscribers to satellite as well as less CIP project administration work performed by Public Works. General Fund Expenditures: $61,965,185 ($4,021,660 below Budget) FY15-16 Operating Expenditure actuals were 6% below budget projections and 0.06% over the prior fiscal year. The major contributors to this positive variance are isolated circumstances between Budget projection and actuals, and are not anticipated to continue into the current fiscal year. Below is a summary, by Department, of the major variances: • City Attorney ($146k) below Budget due to less litigation costs incurred. • Finance Department ($174k) below Budget due to temporarily vacant positions. • Building & Safety ($238k) below Budget due to temporarily vacant positions and less weed abatement charges for services than anticipated. • Public Works ($471k) below Budget - due to lower Maintenance fees and NPDES (National Pollutant Discharge, Elimination System) regional costs sharing for Santa Margarita Creek. • Police ($900k) below Budget - due to temporarily vacant Sworn Officer and Community Service Officer Positions, and lower overtime than anticipated. • Fire ($573k) below Budget - due to temporarily vacant position and lower Fire Support Services allocation charges. FISCAL IMPACT: Within the General Fund, requested appropriations will be offset by revenues received. Net Positions will be reduced in the Insurance Fund ($73k). ATTACHMENTS: 1. Quarterly Financial Update- Q4'2015-16 2. General Fund Budget vs. Actual- Preliminary Results 3. Combining Balance Sheet as of June 30, 2016 4. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the 4th Quarter Ended June 30, 2016 (General Fund, Special Revenue Funds, Capital Improvement Fund, Debt Service Fund). 5. Combining Statement of Net Position as of June 30, 2016 6. Combining Statement of Revenues, Expenses and Changes in Net Position for the 4t" Quarter Ended June 30, 2016 (Internal Service Funds). 7. Statement of Net Position — Fiduciary Fund California Employee Retiree Benefit Trust (CERBT) Fund as of June 30, 2016. 8. Statement of Changes in Fiduciary Net Position — Fiduciary Fund (CERBT) for the 4th Quarter Ended June 30, 2016. Quarterly Financial Update Q4'2015-16 Prepared by the City of Temecula Finance Department OVERVIEW The attached reports summarize the unaudited financial status of the City through June 30, 2016. The reports cover all City funds and the Temecula Community Service District (TCSD). The narrative and charts below highlight current revenue and expenditure trends for the City's major funds and provide variance analyses compared to the Annual Budget. SIJA7/11ARymkGENERFIG FUND The General Fund is the primary operating fund of the City, providing for public safety, public works, planning and development, building and safety, parks maintenance and general City administration. FY2015-16 YEAR-END RESULTS SUMMARY: As noted below, Fiscal Year 2015-16 Ending Fund Balance is just over $32M, of which $15.4M is held in reserves. Favorable revenue, combined with lower than anticipated expenditures created additional fund balance. General Fund Beginning Balance Revenues Expenditures Net Transfers Ending Balance Reserves (25% of Exp) FY15-16 FY15-16 Budget Actual Variance $26,060,895 $26,060,895 $0 69,350,397 70,231,309 880,912 65,986,845 61,965,185 (4,021,660) (2,125,098) (2,125,098) $27,299,349 $32,201,921 $4,902,572 16,496,711 15,491,296 (1,005,415) The Heart of Southern CaIiifornia Wine fountrv November 15, 2016 REVENUE: Through the end of Fiscal Year 2015-16, total General Fund revenue exceeded budget projections by $880,912, due to favorable results in Sales Tax, Departmental revenue, and Transfers In from other Funds. General Fund Revenue FY15-16 Q4'15-16 Budget YTD Actuals Received Sales Tax Property Tax Property Tax in lieu of VLF Vehicle License Fees Transient Occupancy Tax Measure C Gas Tax (Transfer In) Total Tax Revenue Franchise Fees Departmental Revenue Transfers In (excl. Gas Tax) Reimbursements Other Total Revenue 35,169, 788 36, 223, 321 103% 7,513,513 7,351,639 98% 7,074,919 7,074,919 100% 43,947 43,947 100% 3,272,015 3,184,162 97% 1,907,046 1,907,892 100% 2,847,291 2,664,318 94% 57,828,519 58,450,198 101% 3,775,680 3,675,285 97% 4,410,455 4,847,920 110% 170,253 194,838 114% 2,202,330 2,025,010 92% 963,160 1,038,058 108% 69, 350, 397 70, 231, 309 101% Sales Tax represents the General Fund's largest revenue source, making up 52% of total revenue. The favorable results in Sales Tax are attributable to growth in the Autos sector, with six consecutive years of double-digit growth. Since 2008-09, sales tax in this sector has increased by 127%. Favorable growth in the Business and Industry sector also exceeded budget expectations, as uncertainty about a local corporation prompted a conservative budget projection for this year. 11 Page 4A SUM/MARY - GENERAL FUND, Continued Property Tax & Property Tax In Lieu of Vehicle License Fees are paid primarily in January and May of each year. Property Tax revenue for FY15-16 fell short of budget projections by $161,874, due lower than anticipated Property Transfer Tax. Transient Occupancy Tax (TOT) revenue reflects payments from hotels/motels for the 8% tax assessed on hotel stays within the City. Revenue fell short of budget projections by $87,853 due to lower occupancy/room rates than anticipated. Measure C revenue is a voter -approved special tax specified for Recreation and Parks Maintenance expenditures. 50% of the tax is recorded in the General Fund and the other 50% is recorded in the TCSD Fund. It is received along with the Property Tax in January and May of each year. Franchise Fees are received from various utility companies, including Southern CA Gas, Southern CA Electric, CR&R, Verizon/Frontier and Time Warner Cable Services. FY15-16 Franchise Fee revenue fell short of budget projections by $100,395 due primarily to lower Cable Service fees related to the migration of cable subscribers to other distribution sources, such as satellite or internet-provided programming. Gas Tax Funds are receipted into a separate Special Revenue Fund, per State Law. Each fiscal quarter, these funds are transferred into the General Fund to offset the payments for eligible street and road maintenance costs charged to the Department of Public Works. Actual Gas Tax revenue fell short of budget projections by $182,973, as gasoline conservation efforts were higher than anticipated. Departmental Revenue includes the receipt of permits and fees associated with Planning, Building & Safety, Police and Fire. Positive variances, related to development activity, were realized in Building & Safety, Fire and Land Development. Planning activity revenue fell short of projections due to the delay in two major development projects. EXPENDITURE HIGHLIGHTS: General Fund Operating expenditures came in approximately $4 million below budget, due mostly to several vacant positions and conservative spending patterns across all departments. Citywide, a total of 18 positions were vacant at varying times throughout the fiscal year. Within the Police Department, two Community Service Officers and a Motor Officer were vacant for the majority of the year, contributing to the large variance in the Police Department budget. The Fire Contract costs came in less than anticipated due to a number of Fire personnel budgeted at top step, while their actual step was lower. Miscellaneous expenditure savings included lower than anticipated litigation costs, consulting, landscape maintenance, CAL cashout and utilities. Internal Service Fund allocations contributed 14% of the savings in the General Fund due to three vacant positions in the Information Technology department. Purchase Order roll-overs will be spent in FY16-17. Two new Reserve Accounts Reserve Accounts 6 mise. Expenditures 25% General Fund Variance Drivers _Vacancies 14% I5 Allocations 14% PO Rollovers 5% Police 22% Fire Contract 14% were established in FY15-16, to assist departments in backfilling vacant positions as well as implementing the classification study recommendations. Due to available savings, it was not necessary to access the reserve funds this fiscal year. Of the $4 million in savings, roughly 44% were from one- time, non-recurring savings, primarily from vacant positions. SUM/MARY - TEMECUGA CO/I1A1UNl-Ty SERVICES DISTRICT (TCSD) TCSD Revenue Through the end of Fiscal Year 2015-16, TCSD revenue exceeded budget projections by $178,326, due to higher Recreation Program revenue as a result of greater day camp activity, swim lessons, sports, museum admissions, and theater revenue. Special Tax (Measure C) Recreation Funding(General Fund) Recreation Program Investment Interest TOTAL REVENUES Annual Budget 1,852,879 4,601,783 2,459,315 2,200 Actuals thru Variance 6/30/16 from Budget 1,852,472 4,601,783 2,631,935 8,313 (407) 172,620 6,113 100% 100% 107% 378% 8,916,177 9,094,503 178,326 102% TCSD Expenditures TCSD Operating Divisions spent 94% of the their Annual Budget, with exependitures totalling $8,429,643 for the Fiscal Year. Vacant positions, combined with lower Internal Service Fund allocations, are the primary contributors to the positive budget variance with the various TCSD Divisions. The YMCA division underspent their maintenance budget, primarily from lower utility costs than projected, as part of making the facility operational. iike- 1 2a 100% 75% S 25% 0 FY2015-16 TCSD Spent by Division As of 6030/16 0L' e e . 61- $1' ,jos ‹.1P %) of ° ,,,:i.. w ,,,,.. co . sp J 4\ e 3 Page - SUM/MARY - OTHER FUNDS Below is a summary of all City and TCSD Funds providing the unaudited Beginning Fund Balance as of July 1, 2015, the actual Revenue and Expenditure activity for the Fiscal Year, and the Ending Fund Balance as of June 30, 2016. The Affordable Housing Fund and the Internal Service Funds' balance include non -spendable assets, such as loans receivable and fixed assets. Funds Beginning Revenue & Expenditures & Ending Balance Transfers In Transfers Out Balance General Fund Special Revenue Funds Gas Tax Development Impact Fees Public, Education & Gov't (PEG) Business Incubator CDBG TEAM AB2766 (Vehicle Subvention) SLESF (Cops Grant) Major Crimes Fund Affordable Housing Measure A Capital Improvement Program 2011 Financing Lease Internal Service Funds Insurance Workers' Comp Vehicles & Equipment Information Technology Technology Replacement Support Services Facilities TCSD Funds TCSD Operations Service Level B (Street Lights) Service Level C (Slope Maint.) Service Level D (Refuse/Recycl) Service Level R (Road Maint.) Service Level L (Harveston Lake) Library Public Art Intern Fellowship Program Total of All Funds 26, 060, 895 70, 231, 309 64, 090, 283 32, 201, 921 423,778 2,240,540 4,711,576 3,138, 660 122,129 6,008 233,747 413,783 196,039 35,376 566,902 140,896 194,838 25,276 187 10, 372, 826 475,501 3,817,647 2,734,080 7,163, 455 11, 036, 209 2,136, 901 27, 283, 507 22, 902, 847 2,664,318 1,026,106 4,687 195,157 413,783 450,630 194,838 206,322 1,424,020 6,874,410 2,136, 901 15, 591,172 6,824,130 117,442 44,598 231,415 257,168 25,463 10, 642, 005 5,127, 707 11, 325, 254 34, 595,182 280, 359 984,018 229,182 252,198 1,907 683 131,801 38, 222 2,196, 839 1,227 948 241,875 454, 869 513,891 464,452 1,270,569 4,602,715 5,591,191 960,826 61,111 119,821 2,196, 867 241,873 507,826 1,240,227 5,328,551 303,551 420,269 1,919,663 38,194 1,227,950 460,934 494,794 4,865,355 371,407 9,094,503 22, 495 1,033,414 1,149, 664 1,610,683 189, 203 7,310,677 19, 692 5,490 288, 877 256,176 276,517 776,477 63,007 662 19,653 8,429,643 965,251 1,499,386 7,031,669 2,754 233,530 776,325 34,800 11,022 1,036,267 90,658 1,260,961 468,211 22,428 311,523 276,669 28,207 9,293 2,318,517 20,170, 080 18, 984, 380 3,504,217 60, 265, 634 118, 895, 427 103, 994, 386 75,166, 675 4 ECONOMIC INDICATORS Throughout the fiscal year, Finance tracks a number of economic indicators which help guide the development of the City's revenue forecasts. Below is a summary of the most recently available data for each indicator. Unemployment Rates serve as an indicator of the region's relative economic condition. Temecula's unemployment rate has steadily dropped since July 2015 as more residents gain employment. The rate has consistently remained below the County, State and National rates, as indicated in the chart below. As of September 2016, Temecula's unemployment rate was 4.6% compared to the County's rate of 6.5% and the State's rate of 5.3%. 7.5 7n 6.5 6.0 5.5 v 5.0 4.5 4.0 3.5 2015-2016 Unemployment Rates 5D Q r.q 5 " r� t 8 � O - d - National `californ 2 - Riverside County - Temecula 110 108 106 104 102 100 98 95 94 92 g Consumer Confidence Level 1 Sep ,15 Oct r16 National State The Consumer Price Index measures the year -over -year change in the prices of goods and services purchased for consumption by urban households. This economic indicator is the most widely used measure of inflation. As of August, the CPI is holding steady over the past six months, ranging between 1.0% and 1.5% growth over the prior year. The Consumer Confidence Index measures consumers' outlook on the economy. On the National level, this indicator shows a decline in consumer sentiment compared to last year. However, within California, consumer sentiment is higher than a year ago, due to the stock market at a record high, combined with continued growth in employment. 3.50 3.00% 2.50% 2.00% 1.50% 1.00% 0.5 0.0 201520 1 ----------- ---,. -u.sCity Average - #iuerside-Dritario-5an Fie rna€lino 1 Consumer Price Index CPI -U All Urban Consumers S1Page 2076 Facts at a Glance GENERAL CITY INFORMATION City Population Altitude Area in Square Miles Parks/Park Acreage Maintained Streets Education Schools Teachers Students (/<-12) Number of Libraries Hotels & Motels/Rooms Public Safety Number of Fire Stations Fire Department Personnel Number of Police Stations Police Sworn Officers Police Non -Sworn Personnel 709,06q 7,000-7,200 Feet 37 ‘710/37q Acres 31' 32 7,376 2 7, 700 2 16/182 ' 5 65 3 101 35 CITY GOVERNMENT Type of Government Form of Government Date of Incorporation Authorized Positions Genera/ Fund Operating $udget Expenditures Per Capita Public Safety as % of General Fund General Fund Reserves (25%) Capital Improvement Program General Law City Manager 12/01/1989 158 $69,139,252 $63'/ 50% $17, 28', 813 $352,896,779 DEMOGRAPI-1105 Median Age Average Household Income Number of Registered Voters Median Home Price (Sep'2076) Unemployment Rate (Sep'2076) Number of Jobs 3q.5 $94,001 qq, q5q $q37,500 q•60% 50,q93 For more information regarding the City of' Temecula: WWW.temeculaca•gov 951-69'/-6'/'/'/ or 7 -888 -Temecula Wage Unaudited/Preliminary- as of 10/31/2016 Comments r"' O •V C14 <IJ E E E General Fund Ocupancy and Room Rates O 0 0 0 0 0 O k O o 00 O -- O O O M N O O N O M O O M ,0 • h v1 lI 1 00 CO 00 v1 • �O 00 01 01 h N N 01 M �O a, a1 -- 00 M -- • M l� N 00 O M \O N N • M M 69 00 M 01 N 00 0O l� v1 01 01 O O a, M • M N N N O �1 O N 01 M 69 N O N 00 00 00 N • v'1 N 00 �O Q1 ' -+ D0 b9 1)) cu • ou Cable Franchise Fees CIP Reimbursements v1 01 .0 Cl 00 01 \D M M M W ▪ O N • N 00 O M l� O O 00 00 00 N H 00 N 01 O H V'1 V'1 • V'1 01 00 00 O0 O 0000 O M • N N 00 O 00 O O N ,O M 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00 M • O M 00 00 v'1 Ni- M -0 N N O -0 \0 00 01 O -0 N 00 O M, N N N N 01 -0 01 v1 O \O 00 N M 00 O • 01 M 0 N ^0 N 0--0 , N M 00 N ^0 O 00 00 ^0 00 00 M 0 M 01 M ,0 O 00 N O ,0 00 O N V'1 O M 00 01 01 a\ ,0 O v-1 O N N N 00 N Vr 00 00 00 00 V 1 V 1 01 V 1 00 ^+ 0 N • N a, .4 k 0 --es+ M 0O O O N N N O • �--� �--� N N N • N N N O 00 O O O M 00 M ^i 01 00 0 v1 0 00 O 01 0 00 N 00 0 0 0 00 01 00 0 00 00 00 0 N O N M N O 0 01 co 0 co 0 0 0 N 0 01 00 00 M 01 M M N 0 00 00 00 0 0 N 00 01 71- oo 71- 00 O O O N 01 N M 00 O ,0 0 H H • H N H N H N M M, 5 O p g cn E,+ O w • U• UU wwUUwxaaaawU w Animal Control Unaudited/Preliminary- as of 10/31/2016 Comments U a Charged to Deparment Salaries 0 0 0 0 0 0 0 o a M O O O O O O N O O O O O O O OO O O O O O O O O O O O I M O o 0 N O M, O N O O O `---, , `--' O O 01 M O O t---- ,,E, � o , a1 O CO Vr N 01 �a Vr N M N N �O O N l� O O O 00 O O a, N N �O �a O O N N O N M ▪ N 0, 0 0 0 0 71- a1 O , N 00 ,--i O ,.0 ,0 00 O l� O- h V•1 00 ,.0 M O N ^-+ , it N ,--, General Fund bl4 Vi 00 00 Vi SR bR Total Operating Expenditures \ \ \ \ \ \ \ \ \ \ \ \ \ a o a o 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O • O O O O O O O O O O O O O O O O O O O O O O O N 0 O O 0 O O O O O N N 00 a1 O O M Vr ,--+ O ,O O O CO- a, N V•1 ,O , O V 7: 00 Cl 00 i N- , (-, iN O O 00 O O O O N N O , O O M ,.O —, M o 0 00 a1 ,O , O 'a 7- 00 M N .„ -- --� '-+ M -- vl O O O, O O ---+ , --+ O l0 O O OM ---+ O ,O --+ O 00 '--+ M ,.0 O M O N kri h. 01 N , N O a, '--, ,--, Cr, `---' ^, N N ,.0 `-� `-� 00 N Excess of Revenues Over (Under) Expenditu E N N 00 N Total Transfers Out/One Time Payments a1 Fund Balance, Beginning of Year Fund Balance, End of Year CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 Assembly Public Business Community Temecula Bill 2766 General State Gas Development Education & Development Energy Motor Fund Tax Fund Impact Fund Government Incubator Block Grant Efficiency Vehicle Fund Resource Fund Asset Team Subvention Fund ASSETS: Cash and Investments $ 28,572,257 $ $ 6,822,265 $ 95,175 $ 45,298 $ $ 230,928 $ 218,345 Receivables 13,584,219 169,196 19,524 22,374 2,807 151,337 487 38,823 Due from Other Funds 286,469 Advances to SARDA Deposits 1,325 Prepaid- CaIPERS Inventory 3,058 Land Held for Resale TOTAL ASSETS $ 42,447,328 $ 169,196 $ 6,841,789 $ 117,549 $ 48,105 $ 151,337 $ 231,415 $ 257,168 LIABILITIES: Due to Other Funds $ - $ 169,196 $ - $ - $ - $ 98,126 $ Other Current Liabilities 8,538,405 17,659 107 3,507 53,211 Unearned Revenue 1,111,753 TOTAL LIABILITIES 9,650,158 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: 169,196 17,659 107 3,507 151,337 595,249 595,249 Nonspendable: Advances to SARDA Deposits 1,325 Inventory 3,058 Land Held for Resale Notes and Loans Prepaid Costs Restricted For: Community Development Projects Capital Projects 6,824,130 18,400 257,168 Public Education 99,042 Debt Service Business Incubator Project 295,045 44,598 Parks and Recreation Public Works 231,415 Reward Committed To: Contractual Obligation - Encumbrances 189,656 Economic Uncertainty (20%) 12,393,037 Secondary Reserve (5%) 3,098,259 Assigned To: Capital Projects 1,595,973 Pechanga-funded Police support 312,120 Unrealized Gains 250,000 Unassigned $ 14,063,448 TOTAL FUND BALANCES 32,201,921 6,824,130 117,442 44,598 231,415 257,168 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES NOTE: Balances are unaudited $ 42,447,328 $ 169,196 $ 6,841,789 $ 117,549 $ 48,105 $ 151,337 $ 231,415 $ 257,168 CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 Supplemental Law Temecula Affordable Enforcement Major Crimes Housing Services Reward Fund Fund Fund Measure A Fund Capital Project Fund Financing Lease Civic Center and CRC TOTAL ASSETS: Cash and Investments $ $ 25,407 $ 652,164 $ 4,673,428 $ 13,064,997 $ $ 54,400,264 Receivables 95,260 56 26,344,031 490,625 611,841 41,530,580 Due from Other Funds 148,269 434,738 Advances to SARDA 5,250,954 5,250,954 Deposits 1,325 Prepaid- CaIPERS 0 Inventory 3,058 Land Held for Resale 4,400,388 4,400,388 TOTAL ASSETS $ 95,260 $ 25,463 $ 36,647,537 $ 5,164,053 $ 13,825,107 $ $ 106,021,307 LIABILITIES: Due to Other Funds $ 95,260 $ $ - $ - $ - $ $ 362,582 Other Current Liabilities 13,227 863 2,340,338 10,967,317 Unearned Revenue 1,111,753 TOTAL LIABILITIES 95,260 13,227 863 2,340,338 12,441,652 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues 25,992,305 35,483 159,515 26,782,552 TOTAL DEFERRED INFLOWS OF RESOURCES 25,992,305 35,483 159,515 26,782,552 FUND BALANCES: Nonspendable: Advances to SARDA Deposits Inventory Land Held for Resale Notes and Loans Prepaid Costs Restricted For: Community Development Projects Capital Projects Public Education Debt Service Business Incubator Project Parks and Recreation Public Works Reward Committed To: Contractual Obligation - Encumbrances Economic Uncertainty (20%) Secondary Reserve (5%) Assigned To: Capital Projects Pechanga-funded Police support Unrealized Gains Unassigned TOTAL FUND BALANCES 25,463 25,463 1,325 3,058 4,400,388 4,400,388 6,241,617 6,241,617 5,127,707 11,325,254 23,552,659 99,042 339,643 10,642,005 5,127,707 231,415 25,463 189,656 12,393,037 3,098,259 1,595,973 312,120 250,000 14,063,448 11,325,254 66,797,103 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 95,260 $ 25,463 $ 36,647,537 $ 5,164,053 $ 13,825,107 $ - $ 106,021,307 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Sales Tax - State $ 28,671,142 $ 29,516,850 103% Sales Tax - Triple Flip 6,498,646 6,706,471 103% Franchise Fees 3,775,680 3,675,285 97% Motor Vehicle In Lieu- State 43,947 43,947 100% Property Tax- Secured/Unsecured 6,399,397 6,430,995 100% Property Tax in Lieu of VLF 7,074,919 7,074,919 100% Property Tax Relief (Homeowner) 80,385 76,361 95% Property Transfer Tax 878,731 694,200 79% (1) Residual RPTTF Distribution 155,000 150,083 97% Transient Occupancy Tax 3,272,015 3,184,162 97% Vehicle Code Fines 562,330 551,058 98% Development Services: Building & Safety 1,298,450 1,668,484 128% (2) Fire 784,926 919,390 117% (2) Land Development 1,014,737 1,078,212 106% Planning 867,422 770,033 89% (2) Public Works - NPDES 3,506 4,048 115% Park Maintenance 1,907,046 1,907,892 100% Police 441,414 407,753 92% Bids and Proposals 4,000 7,025 176% Business Licenses 301,000 288,601 96% Investment (50,000) 47,913 -96% (3) Lease Income 13,260 13,261 100% Miscellaneous 21,000 24,467 117% (4) Rental Income 71,340 71,773 101% Right of Way Advertising 40,230 33,960 84% (5) Operating Transfers In SLESF 170,253 194,838 114% (6) State Gas Tax 2,847,291 2,664,318 94% Reimbursements: CIP 2,098,579 1,818,939 87% (7) Mandated Cost 71,251 80,903 114% (8) Other 32,500 125,168 385% (9) TOTAL REVENUES $ 69,350,397 $ 70,231,309 101% Notes: (1) The variance is due to lower than anticipated Property Transfer Tax received this fiscal year. (2) The variance is due to the timing of planned development projects. (3) The variance is due to the changes in the fair value of investments. (4) The variance in miscellaneous is due to several reimbursements from cost recovery program. (5) The variance is due to decreased number of panel rentals on city property. (6) The variance is due to FY14-15 growth that was received in the current year. (7) The variance is due to less CIP project administration worked performed by Public Works during the fiscal year. (8) The variance is due to higher than anticipated SB90 claims received from State during the current fiscal year. (9) The variance is due to forfeited flexible benefit amounts, settlement agreement for attorney cost reimbursements, and other miscellaneous reimbursements. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 4th Quarter Ended June 30, 2016 Annual Year -to -Date Year -to -Date Percentage Amended Activity Encumbrances Activity and of Budget Budget Encumbrances EXPENDITURES: City Council $ 458,521 $ 415,306 $ 415,306 91% Community Support 88,000 76,751 76,751 87% City Manager 1,374,766 1,270,705 7,250 1,277,955 93% Economic Development 945,738 904,643 904,643 96% Emergency Management 115,981 110,745 110,745 95% City Clerk 1,039,765 969,865 969,865 93% City Attorney 735,726 588,978 588,978 80% Finance 2,268,553 2,094,179 51,801 2,145,980 95% Human Resources 701,004 609,856 609,856 87% Planning 2,085,646 1,818,232 41,073 1,859,305 89% Building & Safety 2,512,333 2,273,797 24,595 2,298,392 91% Land Development 1,457,664 1,360,541 9,002 1,369,543 94% Public Works 5,274,799 4,803,434 29,669 4,833,103 92% CIP Administration 2,124,943 2,038,927 2,038,927 96% Parks Maintenance 3,819,294 3,465,519 13,381 3,478,900 91% Police 25,825,696 24,925,210 12,885 24,938,095 97% Fire 5,895,660 5,322,448 5,322,448 90% Animal Control 471,808 473,394 473,394 100.3% (1) Non Departmental Property Tax Admin 66,027 66,004 66,004 100% Recreation Funding 5,636,876 5,636,876 5,636,876 100% Separation CAL Time Payout 100,000 0% Classification Plan Transition 150,000 0% Stipend 97,902 0% Retiree Medical Contribution 512,617 512,617 512,617 100% PERS Replacement Benefit 90,260 90,257 90,257 100% 2011 Financing Lease- Civic Center 2,137,266 2,136,901 2,136,901 100% TOTAL EXPENDITURES (excluding transfers) 65,986,845 61,965,185 189,656 62,154,841 94% Revenues Over/(Under) Expenditures 3,363,552 8,266,124 Other Financing Sources/(Uses): Transfers Out (2,125,098) (2,125,098) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 1,238,454 6,141,026 Beginning Fund Balance as of 7/01/2015 26,060,895 26,060,895 Ending Fund Balance as of 6/30/2016 $ 27,299,349 $ 32,201,921 Notes: (1) The variance in Animal Control is due to more than anticipated incurred for Shelter Operation expenses. An increase in appropriation is included with this financial report. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE GAS TAX FUND for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Section 2103 - 2107 Investment Interest $ 2,419,513 4,000 TOTAL REVENUES 2,423,513 Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 $ 2,238,185 93% 2,355 59% (1) 2,240,540 92% (2,847,291) (2,664,318) 94% (423,778) (423,778) 423,778 423,778 $ - $ Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FEES FUND for the 4th Quarter Ended June 30, 2016 Annual Total Percentage of Amended Activity Budget Budget REVENUES: Open Space $ 197,150 $ 130,036 66% Investment Interest - 42,507 0% Quimby 348,435 364,247 105% Street Improvements 2,016,746 1,052,935 52% Traffic Signals 288,740 148,286 51% Parks & Recreation 745,169 778,287 104% Corporate Facilities 228,952 199,798 87% Fire Protection 171,722 116,087 68% Library 205,426 207,934 101% Police 167,537 98,543 59% TOTAL REVENUES 4,369,877 3,138,660 72% Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 (1) (10,591,170) (1,026,106) 10% (2) (6,221,293) 2,112,554 4,711,576 4,711,576 Ending Fund Balance as of 6/30/2016 $ (1,509,717) $ 6,824,130 (3) Notes: (1) The variance in Development Impact Fees Fund (DIF) revenues is due to the timing of developers pulling permits, as the DIF fees are paid when permits are granted. (2) Transfers out for capital project expenditures are made on a reimbursement basis to the CIP fund after expenditures have been incurred. The timing of CIP expenditures has not occurred as anticipated in the budget. (3) The deficit balance in the Budget column is primarily attributed to several Capital Improvement Projects that are included in the current fiscal year budget that will be funded with future DIF revenues. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC EDUCATION & GOVERNMENT FUND for the 4th Quarter Ended June 30, 2016 Annual YTD Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: PEG Fees Revenues $ 55,995 $ 118,800 $ - 118,800 212% (1) Investment Interest - 303 - 303 0% Reimbursements - 3,026 - 3,026 0% TOTAL REVENUES EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 55,995 122,129 24,500 24,500 4,687 18,400 4,687 18,400 31,495 117,442 $ 31,495 $ 117,442 122,129 218% 23,087 94% 23,087 94% Notes: (1) The variance is due to more than anticipated revenues collected from the City's two cable franchisees for the construction of PEG access facilities. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUSINESS INCUBATOR RESOURCE for the 4th Quarter Ended June 30, 2016 Annual Amended Budget REVENUES: YTD Total Percentage Activity Activity of Budget Grants 10,000 9,240 9,240 92% Rental Income $ 34,585 $ 37,219 $ 37,219 108% Investment Interest 200 161 161 81% (1) Transfer In 187,127 187,127 187,127 100% TOTAL REVENUES 231,912 233,747 233,747 101% EXPENDITURES: Operating Expenditures 225,127 195,157 195,157 87% (2) TOTAL EXPENDITURES 225,127 195,157 195,157 87% Revenues Over/(Under) Expenditures 6,785 38,590 Beginning Fund Balance as of 7/01/2015 6,008 6,008 Ending Fund Balance as of 6/30/2016 $ 12,793 $ 44,598 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance is due to less than anticipated cost for telephone services, consulting services and internal service allocation incurred this fiscal year. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT REVENUES: Grant Revenue TOTAL REVENUES EXPENDITURES: Salaries and Wages Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 for the 4th Quarter Ended June 30, 2016 Annual Amended Budget YTD Activity Encumbrances Total Activity Percentage of Budget $ 1,217,713 $ 413,783 $ - $ 413,783 34% (1) 1,217,713 413,783 - 413,783 34% 104,548 108,042 32,337 140,379 134% 156,008 110,974 41,377 152,351 98% 260,556 219,016 73,714 292,730 84% 957,157 194,767 (957,157) (194,767) $ - $ Notes: (1) CDBG Revenue is booked on a reimbursement basis as eligible expenditures occur. The construction project Sam Hicks Monument Playground Replacement and Old Town Sidewalks Improvement Project budgeted with CDBG Fund have not yet started. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA ENERGY EFFICIENCY ASSET MANAGEMENT TEAM for the 4th Quarter Ended June 30, 2016 REVENUES: Investment Interest Reimbursements TOTAL REVENUES EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 Annual Amended Budget Total Percentage of Activity Budget $ 1,200 $ 1,591 133% (1) 29,600 33,785 114% 30,800 35,376 115% 30,800 35,376 196,039 196,039 Ending Fund Balance as of 6/30/2016 $ 226,839 $ 231,415 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ASSEMBLY BILL 2766 MOTOR VEHICLE SUBVENTION FUND for the 4th Quarter Ended June 30, 2016 REVENUES: AB 2766 Investment Interest TOTAL REVENUES EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 Annual Amended Budget Total Total Percentage of Activity Activity Budget $ 133,033 $ 136,553 $ 136,553 103% 3,000 4,343 4,343 145% (1) 136,033 140,896 140,896 104% 37,790 27,049 27,049 72% (2) 37,790 27,049 27,049 72% 98,243 113,847 (655,693) (423,581) (557,450) (309,734) 566,902 566,902 $ 9,452 $ 257,168 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance is due to completion of the Pedestrian Bicycle bridge mitigation included in this budget. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the 4th Quarter Ended June 30, 2016 Annual Total Percentage of Amended Activity Budget Budget REVENUES: AB 3229 - COPS $ 170,253 $ 194,790 114% Investment Interest 48 0% TOTAL REVENUES 170,253 194,838 114% Other Financing Sources (Uses): Transfers Out (170,253) (194,838) 114% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA MAJOR CRIMES REWARD FUND for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Investment Interest $ 100 $ 187 187% TOTAL REVENUES 100 187 187% EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 100 187 Beginning Fund Balance as of 7/01/2015 25,276 25,276 Ending Fund Balance as of 6/30/2016 Notes: $ 25,376 $ 25,463 (1) 0% 0% (1) A resolution of the City Council of the City of Temecula establishing the Temecula Major Crimes Reward Fund and Amending Resolution NOS.13-25 and 15-37. Resolution 13-25 A Resolution of the City Council of the City of Temecula providing for the establishment and distribution of a reward fund the persons who furnish information leading to the arrest and conviction of the person or persons who caused the death of Larry Robinson on March 22, 2013. The Larry Robinson Murder Reward Fund shall be merged into the Temecula Major Crimes Reward Fund Resolution 15-37 The Justin Triplett Reward Fund should be merged into the Temecula Major Crime Reward Fund. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AFFORDABLE HOUSING FUND for the 4th Quarter Ended June 30, 2016 Annual YTD Total Percentage Amended Activity Encumbrances Activity of Budget Budget REVENUES: Contributions to Agency Trust $ 250,000 $ 250,000 $ - $ 250,000 100% Forgivable Loan Repayment 50,437 50,437 0% Investment Interest 300 2,696 - 2,696 899% (1) Loan Interest 2,552 4,598 - 4,598 180% Reimbursements/Miscellaneous 1,137 1,137 0% Rental Income 184,000 118,222 - 118,222 64% (2) Residual Receipt Payment 35,172 48,411 - 48,411 138% TOTAL REVENUES 472,024 475,501 - 475,501 101% EXPENDITURES: OPERATING EXPENDITURES: Salaries & Benefits 264,042 100,641 - 100,641 38% Operating and Administrative Expenditures 238,395 105,681 41,433 147,114 62% TOTAL EXPENDITURES 502,437 206,322 41,433 247,755 49% (3) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (30,413) 269,179 Beginning Fund Balance as of 7/01/2015 10,372,826 10,372,826 Ending Fund Balance as of 6/30/2016 $ 10,342,413 $ 10,642,005 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance is due to Temecula Gardens annual ground lease payment was less than expected. Per agreement, the annual rent is an amount equal to or lesser than net cash flow. (3) The variance in operating expenditures is due to vacancies and less than anticipated expenditures, encumbrances for economic consultant during this fiscal year. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A FUND for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total Total Percentage Activity Activity of Budget REVENUES: Investment Interest $ 28,000 $ 33,629 $ 33,629 120% Reimbursements - (35,483) (35,483) 0% (1) Measure "A" 2,743,679 2,735,934 2,735,934 100% TOTAL REVENUES 2,771,679 2,734,080 2,734,080 99% EXPENDITURES: Street Maintenance 1,764,595 502,117 502,117 28% (2) TOTAL EXPENDITURES 1,764,595 502,117 502,117 28% Revenues Over/(Under) Expenditures 1,007,084 2,231,963 Other Financing Sources/(Uses): Transfers Out (3,891,614) (921,903) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (2,884,530) 1,310,060 Beginning Fund Balance as of 7/01/2015 3,817,647 3,817,647 Ending Fund Balance as of 6/30/2016 $ 933,117 $ 5,127,707 Notes: (1) The variance is due to reimbursements for work not expected to be received within the availability period and has been adjusted as deferred revenue. (2) The variance is due to less than anticipated Routine Street Maintenance activities during this fiscal year. The remaining unspent budget will be reprogrammed to Fiscal Year 2016-17. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the 4th Quarter Ended June 30, 2016 Annual Account Year-to-DatePercentage Number Amended Activity Encumbrances Total Activity of Budget Budget REVENUE: Operating Transfers In $ 31,037,288 $ 4,712,517 $ $ 4,712,517 15% Grants 10,709,681 251,638 251,638 2% Reimbursements / TUMF 9,584,978 1,006,239 1,006,239 10% Pechanga Intergovernmental Agreement 5,000,000 5,000,000 5,000,000 100% Investment Interest 65,815 65,815 0% TOTAL REVENUE EXPENDITURES: 56,331,947 11,036,209 11,036,209 20% (1) Pechanga Parkway Environmental Mitigation 165-516 323,925 91,921 74,501 166,422 51% Pechanga Parkway Widening 165-530 5,000,000 113,795 210,316 324,111 6% Murrieta Creek Bridge / Overland Drive Extension to Diaz Road 165-602 2,828,440 113,929 143,948 257,877 9% Abbott Corporation Roadway Improvements 165-620 750,000 0% Medians and Parkway Citywide 165-622 143,000 143,000 143,000 100% Pavement Rehabilitation Program - Winchester Road 165-650 1,529,952 14,471 14,471 1% Pavement Rehabilitation Program - Citywide 165-655 5,799,845 1,027,288 401,393 1,428,681 25% Western Bypass Bridge Over Murrieta Creek 165-660 103,859 835 835 1% Interstate -15 / State Route 79 South Ultimate Interchange 165-662 16,888,313 313,078 96,781 409,859 2% Flashing Beacons & Speed Advisory Signs 165-670 17,523 7,958 7,958 45% Traffic Signal Equipment Replacement Program -Citywide 165-680 187,422 121,294 32,422 153,716 82% Traffic Signal Installation -Citywide 165-682 309,598 68,921 68,921 22% City Facilities Rehabilitatior 165-701 249,367 207,734 6,544 214,278 86% Bike Lane and Trail Program 165-703 442,746 21,812 6,919 28,731 6% Medians & Ornamental Pedestrian Barriers- Citywide 165-704 10,100 0% Citywide Sidewalks 165-708 167,263 51,701 5,530 57,231 34% CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 4th Quarter Ended June 30, 2016 Account Annual Year -to -Date Number Amended Activity Budget Encumbrances Total Activity Percentage of Budget EXPENDITURES - cont'd: Citywide Surveillance Cameras 165-711 804,000 0% Consolidate Update Evaluation Disable 165-713 350,000 0% Pauba Sidewalk 165-714 2,958 0% Citywide Storm Drain Improvements 165-715 297,131 51,814 20,528 72,342 24% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase I 165-719 597,945 75,830 52,301 128,131 21% Butterfield Stage Road Extension 165-723 12,688,256 179,218 10,365 189,583 1% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase II 165-726 4,912,624 180,088 180,088 4% Murrieta Creek Improvements 165-735 58,200 24,616 20,695 45,311 78% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165-739 147,921 287 287 0.2% Main Street Bridge Over Murrieta Creek Replacement 165-743 357,295 117,906 117,906 33% Temecula Park and Ride 165-747 2,247,134 716,173 1,249,060 1,965,233 87% Old Town Civic Center 165-751 62,495 22,525 22,525 36% Fire Station Roripaugh- Phase II 165-753 11,337 0% TCC Renovation 165-754 8,168 0% Theater Remediation 165-756 1,739,305 1,278,530 1,278,530 74% Fire Station 73 Living Quarters Upgrade 165-757 995,841 952,409 302 952,711 96% YMCA Repair and Remediation 165-759 1,136,803 134,159 29,987 164,146 14% Developer Reimbursements 165-763 1,567,164 0% City Hall Exterior LED Lighting 165-764 67,482 20,282 20,282 30% EOC Emergency Operations Center Improvements 165-765 41,000 16,179 1,400 17,579 43% Old Town Sidewalks 165-766 360,000 55,424 12,689 68,113 19% Theater LED Lighting 165-767 30,600 28,205 28,205 92% CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 4th Quarter Ended June 30, 2016 Account Number Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity Percentage of Budget EXPENDITURES - cont'd: Patricia Birdsall Synthetic Turf Replacement 190-119 375,000 - - - 0% Playground Equipment Enhancement and Safety Surfacing 190-120 615,067 16,396 - 16,396 3% Teen Center 190-122 2,642 2,280 362 2,642 100% Children's Museum Enhancement 190-125 83,860 14,950 - 14,950 18% Flood Control Channel Reconstruction 190-127 569,526 172,049 107,404 279,453 49% Special Needs Playground 190-129 68,800 67,533 - 67,533 98% Parks Improvement Program 190-130 239,871 225,515 10,742 236,257 98% Sam Hicks Monument Park Playground Enhancement 190-132 464,445 141,546 184,613 326,159 70% Senior Citizen Outdoor Fitness Lot 190-133 8,063 - - - 0% Library Parking- Phase II 190-153 2,204,638 54,305 79,486 133,791 6% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 128,105 28,454 36,683 65,137 51% TOTAL EXPENDITURES 67,995,029 Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 6,874,410 2,794,971 (11,663,082) 4,161,799 7,163,455 7,163,455 9,669,381 14% (1) $ (4,499,627) $ 11,325,254 (2) Notes: (1) The variance is primarily due to the timing of project expenditures and revenues differing from that anticipated in the budget. (2) The deficit balance in the Budget column is primarily attributed to several Capital Improvement Projects that are included in the current fiscal year budget that will be funded with future DIF revenues. CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 FINANCING LEASE CIVIC CENTER AND CRC for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total Percentage of Activity Budget REVENUES: 2011 Financing Lease Revenues $ 2,137,366 $ 2,136,901 100% TOTAL REVENUES 2,137,366 2,136,901 100% EXPENDITURES: Debt Service Principal Debt Service Interest 1,291,000 1,291,000 100% 846,366 845,901 100% TOTAL EXPENDITURES 2,137,366 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 2,136,901 100% $ - $ CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS As of June 30, 2016 Insurance Workers' Vehicles and Information Technology Support Fund Compensation Equipment Technology Replacement Services Fund Facilities Fund TOTAL Fund Fund Fund Fund ASSETS: Cash and Investments $ 598,780 $ 413,262 $ 1,627,055 $ 188,526 $ 750,316 $ 491,117 $ 579,807 $ 4,648,863 Receivables 1,607 772 4,465 2,873 507 1,506 14,674 26,404 Prepaid Assets 42,715 7,285 50,000 Property, Plant, and Equipment (net of accumulated depreciation) 401,170 1,264,190 84,499 TOTAL ASSETS 643,102 421,319 2,032,690 191,399 2,015,013 577,122 LIABILITIES AND NET POSITION LIABILITIES: Current Liabilities Capital Leases Payable TOTAL LIABILITIES 339,551 1,050 113,027 153,205 339,551 1,050 113,027 153,205 35,544 751,519 787,063 1,749,859 594,481 6,475,126 64,173 52,015 116,188 99,687 806,237 803,534 99,687 1,609,771 NET POSITION: TOTAL NET POSITION $ 303,551 $ 420,269 $ 1,919,663 $ 38,194 $ 1,227,950 $ 460,934 $ 494,794 $ 4,865,355 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET POSITION INTERNAL SERVICE FUNDS for the 4th Quarter Ended June 30, 2016 Insurance Workers' Vehicles and Information Technology Support Fund Compensation Equipment Technology Replacement Services Fund Facilities Fund TOTAL Fund Fund Fund Fund REVENUES: Investment Interest $ 1,828 $ 2,198 $ 11,704 $ 1,765 $ 2,665 $ 2,970 $ 2,731 $ 25,861 Transfer In 250,000 250,000 Charges for Services 982,190 120,097 2,195,074 239,210 510,921 1,267,838 5,315,330 TOTAL REVENUES 984,018 252,198 131,801 2,196,839 241,875 513,891 1,270,569 5,591,191 EXPENSES: Salaries and Wages Operating Expenses I nte rest Depreciation TOTAL EXPENSES 107,812 853,014 61,111 960,826 61,111 119,821 119,821 1,328,651 868,216 2,196,867 241,873 241,873 334,649 127,931 10,676 34,570 507,826 490,484 749,743 2,261,596 2,660,015 10,676 396,264 1,240,227 5,328,551 Revenues Over/(Under) Expenses 23,192 191,087 11,980 (28) 2 6,065 30,342 262,640 Net Position as of 7/01/2015 280,359 229,182 1,907,683 38,222 1,227,948 454,869 464,452 4,602,715 Net Position as of 6/30/2016 $ 303,551 $ 420,269 $ 1,919,663 $ 38,194 $ 1,227,950 $ 460,934 $ 494,794 $ 4,865,355 CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST (CERBT) FUND As of June 30, 2016 CERBT FUND ASSETS: Cash and Investments $ 5,686,144 TOTAL ASSETS 5,686,144 LIABILITIES: Accounts Payable TOTAL LIABILITIES NET POSITION: 5,686,144 Held in Trust for Retiree Benefits 5,686,144 TOTAL NET POSITION NOTE: Balances are unaudited $ 5,686,144 CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2016 CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the 4th Quarter Ended June 30, 2016 ADDITIONS CONTRIBUTIONS: Employer Investment Earnings TOTAL CONTRIBUTIONS DEDUCTIONS: CERBT FUND $ 512,617 54,290 566,907 Benefits 500,400 TOTAL DEDUCTIONS 500,400 CHANGES IN NET POSITION 66,507 Net Position as of 7/1/2015 5,619,637 Net Position as of 6/30/2016 $ 5,686,144 Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Joh!, City Clerk DATE: November 15, 2016 SUBJECT: Adopt the 2016 Conflict of Interest Code PREPARED BY: Randi Joh!, City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2016 CONFLICT OF INTEREST CODE BACKGROUND: Government Code Section 87306.5 requires the biennial adoption of a Conflict of Interest Code. As the Code reviewing body under the Political Reform Act, the City Council accepted the Notice of Draft Amendments and reviewed the proposed changes to the City's Conflict of Interest Code at its September 13, 2016 it Council meeting. The attached resolution makes the proposed changes to the Code based on conditions occurring since the last update in 2014. The Notice of Intent was published for the requisite 45 -day public comment period. No comments were received. The proposed amendments reflect title changes of positions that already exist in the Code and the addition of positions based on an examination of their involvement in the decision making process. The City Attorney, City Clerk and Executive Management staff have reviewed the proposed changes and concur with the recommendation. FISCAL IMPACT: None ATTACHMENTS: 1. Biennial Notice 2. Resolution 3. Proof of Publication 2016 Local Agency Biennial Notice Name of Agency: City of Temecula Mailing Address: 41000 Main Street Contact Person: Randi Johl, City Clerk Email: randi.johl@cityoftemecula.org Phone No. 951-694-6421 Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): VZI An amendment is required. The following amendments are necessary: (Check all that apply.) O Include new positions O Revise disclosure categories • Revise the titles of existing positions • Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions O Other (describe) Li The code is currently under review by the code reviewing body. U No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately design, s positions that make or participate in the making of governmental decisions. The di do ure assigne to tib .se positions accurately requires that all investments, business positions, Were ry I property and s s of income that may foreseeably be affected materially by the decisions mad - by o e holdir desig positions are reported. The code includes all other provisions required by G , veru Code 5 ction Sig ure of Chief Executive Officer �L� Da(1i� All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2016, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. rvvvvr.frp .ca.gov FPPC Advice: adv_%fie_ .fapc,ca,io r (866.275.3772) Page 1 of 1 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2016 CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City with an Exhibit A designating certain positions within the City that require the filing of economic disclosure forms. Section 2. The City Council of the City of Temecula does hereby amend the Conflict of Interest Code for the City of Temecula by deleting Exhibit A and substituting in its place a new Exhibit A, which is attached hereto and incorporated herein by this reference. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. ATTEST: Randi Johl, City Clerk [SEAL] 1 Michael S. Naggar, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk SECTION 2. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participating in the making of decisions which could have a material effect on financial interests. Designated Position Disclosure Categories Accounting Manager 1 Assistant City Manager 1 Assistant Engineer 1 Assistant Planner 1 Associate Engineer 1 Associate Planner 1 Building Official 1 Director of Finance 1 Chief of Police 1 City Clerk 1 Community Services Superintendent 1 Construction Manager 1 Consultant * 1 Deputy Director of Support Services 1 Director of Community Development 1 Director of Community Services 1 Director of Information Technology and Support Services 1 Exempt Officials 0 Facility Services Manager 1 Fire Chief 1 Fiscal Services Manager 1 1 Human Resources Manager 1 IT Administrator 1 Maintenance Manager 1 Maintenance Superintendent 1 Principal Engineer 1 Principal Management Analyst 1 Principal Planner 1 Public Works Director 1 Purchasing Manager 1 Revenue Manager 1 Senior Engineer 1 Senior Management Analyst 1 Senior Planner 1 Members of all City Commissions, Boards, and Committees 1 (Other than Government 87200 Filers) * Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitations: The City Manager or his designee may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. ** The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer are all required to file disclosure statements pursuant to (Government Code 87200) and are thus not included herein. 2 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of THE CALIFORNIAN An Edition of The San Diego Union -Tribune A newspaper of general circulation, published DAILY in the City of Temecula, California, 92590, County of Riverside, Three Lake Judicial District, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under the date of February 26, 1991, Case Number 209105; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof, on the following dates, to wit: September 16TH, 2016 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at TEMECULA, California, this 16TH of September, 2016 Cathy Viars Legal Advertising The Californian An Edition of the San Diego Union -Tribune Proof of Publication of NOTICE OF INTENT TO A END THE CONFOCT OF INTEREST CODE NOTICE IS HEREBY GIVEN that the City of Temecula intends to amend its existing conflict of interest code. Revisions to the existing conflict of interest code include additions and title revisions to the list of .designated employees who ore required to file 51,10(1101)0 01 Economic Interests. A full copy 00 11 proposed amended conflict of interest code is available in the Office of the City Clerk for review and inspection. NOTICE IS FURIr HER GWEN that the City of Temecula has established a written comment period for interested, persons to submit comments pertaining to the proposed amended conflkt of interest code. Comments must be submitted in writing to the Office of the City Clerk no later than November 1, 2916, at 5'.00 p.m. to be considered by the Oty Council when it takes action on the proposed amended conflict of interest code. The City (01111Cil is scheduled to take action on the proposed conflict of interest Code on November 15; 2016, at 700 p.m. The meeting will take place in the Council Chamber Iticated at 41000 Main Street, Tefftecula, California 92590, inquiries conCerning the proposed amended conflict of 111(101111 (01110 may be directed to the Office of the City Clerk at (951) 694-6421. or by email to randijohl@cityoftemecula. rg. Pub: 09/16/16 4446648c Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Joh!, City Clerk DATE: November 15, 2016 SUBJECT: Adopt Ordinance 16-10 Prohibiting the Possession, Distribution, and Sale of Synthetic Drugs and Declaring Such Action to be a Public Nuisance (Second Reading) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 16-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.56, PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS TO THE TEMECULA MUNICIPAL CODE BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 16-10 was first introduced at the regularly scheduled meeting of October 25, 2016. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 16-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.56, PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Enactment of Chapter 8.56. Chapter 8.56, Psychoactive Bath Salts, Psychoactive Herbal Incense, and other Synthetic Drugs, is hereby added to Title 11, Peace, Morals and Safety, of the Temecula Municipal Code to read as follows: "Chapter 8.56 - PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS Sections: 8.56.010 Purpose and Intent. 8.56.020 Definitions. 8.56.030 Possession, Storage, Provision, Sale and Distribution of Synthetic Drugs Prohibited. 8.56.040 Exemptions. 8.56.050 Public Nuisance. 8.56.060 Confiscation of Synthetic Drugs. 8.56.070 Modification, Suspension, or Revocation of Permit, License or other Grant of Authority. 8.56.080 Penalties. 8.56.010 - Purpose and Intent. (a) Recreational use of psychoactive bath salts, psychoactive herbal incense, and similar products commonly known as "synthetic drugs" has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death. While state and federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the scope of those laws and regulations. The purpose and intent of this Chapter is to provide the City with measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law and to protect the health safety and welfare of the community. (b) Synthetic drugs are extremely dangerous and are gaining popularity at an alarming rate among high school and college aged individuals, as well as among parolees and probationers. These drugs are widely available in stores throughout the City, despite the state of California's attempt to ban such drugs under Health and Safety Code sections 11375.5 (banning synthetic stimulant compounds and derivatives) and 11401 (banning "analogs" of controlled substances) (collectively "State Synthetic Drug Laws"), and the federal government's attempt to ban such drugs under the Controlled Substances Act (the "CSA") (21 USC § 81 et seq.). The City Council further finds that the dangers of synthetic drugs, which have been documented to cause hallucinations, agitations, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, require regulation. (c) While the State Synthetic Drug Laws and the CSA prohibit certain compounds that are used to create synthetic drugs, they are not comprehensive enough to eliminate the distribution and sale of all synthetic drugs in the City. Specifically, the City Council finds that the makers of synthetic drugs continually alter the composition of the compounds in their products so as to not come under the prohibition of the State Synthetic Drug Laws, the CSA, and other law and regulations that attempt to prohibit the sale of synthetic drugs. In fact, products which plainly are being marketed for use as synthetic drugs are now being packaged with advertisements stating that the product does not contain compounds specifically banned by the State Synthetic Drug Laws. Thus the City Council finds that in order to implement an effective measure prohibiting the distribution and sale of synthetic drugs, it is necessary to look at all factors related to the sales and marketing of synthetic drugs. These factors will help City officials determine whether a product that does not come under the purview of State Synthetic Drug Laws or the CSA is nevertheless a synthetic drug because it is intended for recreational drug use. (d) While the question of whether a given product is being distributed or sold for use as a recreational drug must be determined on a case by case basis, the City Council finds that the following evidentiary factors are helpful in determining whether a given product is in fact a synthetic drug: (1) Marketing. Synthetic drugs are rarely, if ever, suitable for their marketed uses. For example, a synthetic drug in the form of a powder might be marketed as a "glass cleaner," even though the powder cannot reasonably be used to clean glass. (2) Sales Location. Synthetic drugs are typically sold in liquor stores, smoke shops and gas stations, yet synthetic drugs are marketed as products that are not typically sold by these businesses. For example, synthetic drugs are often marketed as bath salts, spice, incense, potpourri, skin treatments, cleaning products and plant food; however, these types of products are typically not sold in liquor stores, smoke shops or gas stations. 2 (3) Warning Labels. Synthetic drugs often use warning labels such as: "not for human consumption" and "not for purchase by minors". Bona fide bath salts, incense, cleaning products and the like do not typically bear such labels. Of particular relevance are labels that indicate a given product does not contain chemical compounds banned by State Synthetic Drug Laws, which bona fide bath salts, incense, cleaning products and the like would not have any reason to advertise. (4) Price. Synthetic drugs are typically more expensive than products that are used for the synthetic drug's marketed use. For example, a synthetic drug marketed as "glass cleaner" might be priced at fifty dollars ($50.00) for an eighth ('/$) of an ounce, while bona fide glass cleaner is priced at approximately five dollars ($5.00) for twenty six (26) ounces. (5) Similarity to Illicit Street Drugs. Synthetic drugs often resemble illicit street drugs or use brand names and packaging that are designed to make the product appear similar to illicit drugs. For example, many synthetic drugs are sold as white powders packaged in vials (resembling cocaine) or dyed green to appear similar to marijuana. Additionally, brand names are often similar to street slang for illicit drugs and have no relation to the products that are purportedly being sold. These brand names are always changing, but include "Eight BaIlz," "Spice," "Black Mamba," "K-2," "Puff," "Sugar Sticks," "Green Buddha," "Diablo Botanical Incense," "Scooby Snax," "Potpourri," "Grape Ape Herbal Incense," "Three Monkey Incense," "Mr. And Mrs. Marley," "Cloud 9 Incense," and a group of synthetic drugs marketed as from "The Spice Guy". (e) An effective way to prevent and abate the health, safety and welfare concerns that exist as a result of the marketing, distribution and sale of synthetic drugs in manners that brazenly seek to circumvent state and federal law is through the administrative, civil and criminal enforcement procedures set forth in Title 1 of this Code. This Chapter shall not apply to any activity already regulated by the state synthetic drug laws, the CSA or any other applicable state or federal law or regulation. 8.56.020 — Definitions. As used in this Chapter, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this Chapter: (a) "Business" shall mean and include professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the City that are 3 operated at a fixed physical location and those that are operated on a mobile basis by a mobile -operator. (b) "Consume," "consuming" and "consumption" means to ingest, inhale, inject, smoke or snort (insufflate). (c) "Distribute," "distributing" and "distribution" means to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not. (d) "Person" includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and similar organization. (e) "Possess," "possessing" and "possession" means to have for consumption, distribution or sale in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority or power be exercised solely or jointly with others. (f) "Provide," "providing" and "provision" means offering to distribute or sell a product or substance to any person. (g) "Psychoactive Bath Salts" means any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term "psychoactive bath salts" includes, without limitation: (1) Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following substances: i. Cathinone (2 -amino -1 -phenyl -1 -propane), 4- methylmethcathinone(2-methylamino-1-(4-methylphenyl)propan-1-one), 4- methoxymethcathinone(1-(4-methoxyphenyl)-2-(methylamine)propan-1-one), MDPV (methylenedioxypyrovalerone), methylene (3,4-methylenedioxy-N- methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1 -one), flephedrone (4-fluoromethcath i none), 3 -FMC (3-fluoromethcathinone), ethcathinone (2-ethylamino-1 -phenyl-propan-1 -one), butylone R-keto-N- methylbenzodioxolylbutamine), a -PPP (a-pyrrolidinopropiophenone), MPPP (4- methyl-a-pyrrolid MDPPP (3',4'-methylenedioxy-a- pyrrolidinopropiophenone), .-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone(1-naphthalen-2-y1-2-pyrrolidin-1-ylpentan-1-one); ii. Any derivative of the above listed compounds; iii. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds; compounds; or iv. Any chemical alteration of the above listed 4 v. Any other substantially similar chemical structure or compound; and (2) Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night, and White Lightning. (3) The term "psychoactive bath salts" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code sections 11053-11058), regulated by one of the UCSA Synthetic Drug Laws (Health and Safety Code sections 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 U.S.C. section 81 et seq.) or approved by the Food and Drug Administration ("FDA"). (h) "Psychoactive Herbal Incense" means any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term "psychoactive herbal incense" includes, without limitation: (1) Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following substances: i. Cannabicyclohexanol (2-[(1 R,3S)-3- hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol), JWH-018 (naphthalen-1 -yI-(1 - pentylindol-3-yI) methanone), JWH-073(naphthalen-I-y1-(1-butylindol-3- yl)methanone), JWH-200(1-(2-morpholin-4-ylethyl)indol-3-y1)-naphthalen-1- ylmethanone, HU -210 or 1.1-dimethylheptyl-11-hydroxy-delta8- tetrahydrocannabinol)(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-14), CP 47, 497 (2- [(1 R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP -47, 497, AM- 2201('1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone), 1-Pentyl- 3-(2-methoxyphenylacetyl)indole (also known as JWH-250), 1-Hexyl-3-(1- naphthoyl)indole (also known as JWH-019), 1-Pentyl-3-(4-chloro-1- naphthoyl)indole (also known as JWH-398), N-benzylpiperazine (also known as BZP), 1-(3-trifluoromethylphenyl)piperazine (also known as TFMPP); ii. Any derivative of the above listed compounds; iii. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds; 5 compounds; compound; or iv. Any chemical alteration of the above listed v. Any other substantially similar chemical structure or vi. Any other synthetic cannabinoid; and (2) Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Fake Weed, and Black Mamba. (3) The term "psychoactive herbal incense" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code sections 11053-11058), regulated by one of the UCSA Synthetic Drug Laws (Health and Safety Code sections 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 U.S.C. section 81 et seq.) or approved by the Food and Drug Administration ("FDA"). (i) "Psychoactive or psychotropic euphoric effects" means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cannabis. (j) "Psychoactive or psychotropic stimulant effects" means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines. (k) "Sell," "selling" and "sale" mean to furnish, exchange, transfer, deliver or supply for monetary gain. (1) "Synthetic Drug" includes "psychoactive bath salts" and "psychoactive herbal incense," as those terms are defined in this Section. 8.56.030 — Possession, Storage, Provision, Sale and Distribution of Synthetic Drugs Prohibited. (a) It is unlawful for any person to possess, store, provide, distribute or sell any synthetic drug within the City. (b) It is unlawful for any person to store, provide, sell or distribute or to permit the storage, provision, sale or distribution of synthetic drugs from any real property owned, possessed, managed or controlled by that person in the City. 6 (c) It is unlawful for any person to store, provide, sell or distribute or to permit the storage, provision, sale or distribution of a substance that has been placed on the United States Drug Enforcement Agency watch list or the United States Food and Drug Administration recall or important alert advisory from any real property owned, possessed, managed or controlled by that person in the City. (d) The enforcing officer may consider any of the following evidentiary factors to determine if the product is a synthetic drug: (1) The product is not suitable for its marketed use (such as crystalline or powder being marketed as "glass cleaner"); (2) The person or business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product's marketed use (such as a liquor store selling "plant food"); (3) The product contains a warning label that is not typically present on products that are used for that product's marketed use (such as "not for human consumption," "not for purchase by minors" or "does not contain chemicals banned by Health and Safety Code section 11375.5"); (4) The product is significantly more expensive than products that are used for that product's marketed use (such as a half of a gram of a substance marketed as "glass cleaner" costing fifty dollars ($50.00)); (5) The product resembles an illicit street drug (such as cocaine or methamphetamine or marijuana); (6) The product's name or packaging uses images or slang referencing an illicit drug (such as "Eight BaIlz" or "Green Buddha"); (7) The product's name or ingredient can be found on the United States Drug Enforcement Agency watch list or the United States Food and Drug Administration recall or important alert advisory; or (8) Merely disclaiming a synthetic drug as "not safe for human consumption" will not avoid the application of this Section. 8.56.040 — Exemptions. This Chapter shall not apply to any of the following: (a) Drugs or substances lawfully prescribed or to chemical compounds that have been approved by the Federal Food and Drug Administration or are specifically permitted by state law, including the compounds that are exempt under the California Uniform Controlled Substances Act (Health and Safety Code section 11000 et seq.). 7 (b) Drugs or substances that are prohibited by state or federal law, including, without limitation, the state Synthetic Drug Laws and the Federal Controlled Substances Act. (c) Any activity already regulated by the state Synthetic Drug Laws and the Federal Controlled Substances Act. (d) Any act that is permitted, prohibited or preempted by any state or federal law or regulation." 8.56.50— Public Nuisance. (a) It is a public nuisance for any person to provide, distribute, or sell any prohibited synthetic drug. (b) It is a public nuisance for any person to allow the provision, distribution, or sale of any prohibited synthetic drug on property owned, controlled or managed by such person. (c) It is a public nuisance for any person to provide, distribute, or sell any substance claimed or represented to be a prohibited synthetic drug. (d) It is a public nuisance for any person to allow the provision, distribution, or sale of any substance claimed or represented to be a prohibited synthetic drug on property owned, controlled or managed by such person. (e) The storage, provision, sale or distribution of any synthetic drug from any property, structure or building in the City is declared to be a public nuisance. (f) In addition to the penalties provided in Section 8.56.070 of this Chapter, any property used in violation of any provision of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, a preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance, including without limitation, the provisions of Chapter 8.12 of this Code. All remedies herein are cumulative and non-exclusive. 8.56.060 — Confiscation of Synthetic Drugs. (a) Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any violation of this Chapter presents a grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. Any police officer who issues a criminal citation under this Chapter shall confiscate any synthetic drugs and store them, pending the conclusion of the criminal case. 8 (b) Any products or substances possessed, provided, distributed or sold in violation of any provision of this Chapter shall be seized and stored in accordance with law. 8.56.070 — Modification, Suspension, or Revocation of Permit, License or other Grant of Authority. If a person violates any provision of this Chapter, then in addition to any other enforcement action or remedy authorized by this Code or other applicable law, such violation may be grounds for modification, suspension, or revocation of any permit, license, or other grant of authority by the City issued to the person, or issued to any business, firm, company, corporation, public corporation, club trust partnership, association, or similar organization owned, controlled, or managed by such person, including without limitation the permits issued pursuant to Chapter 5.24 of the Code, Tobacco Retailers, in accordance with the procedures set forth in this Code or other applicable law. 8.56.080 — Penalties. (a) Criminal Violation. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and is subject to prosecution pursuant to the provisions of Chapters 1.16 and 1.20 of Title 1 of this code. (b) Administrative Citations. Any person who violates any provision of this Chapter shall be guilty of violating the Temecula Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.21 of Title 1 of this code. (c) Non -exclusivity. Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter, including but not limited to, the enforcement provisions of Title 1 of the Temecula Municipal Code and nuisance abatement proceedings. (d) Daily Offense. Each person committing, causing, or maintaining a violation of this Chapter or failing to comply with the requirements set forth in this Chapter shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly." Section 2. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable. 9 Section 3. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. ATTEST: Randi Johl, City Clerk [SEAL] 10 Michael S. Naggar, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 16-10 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25t" day of October, 2016, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1511" day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: November 15, 2016 SUBJECT: Approve the Sponsorship and Economic Development Funding Agreement with the American Cancer Society, Inc. for the 24 Hour Relay for Life Event to be Held on May 20, 2017 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Sponsorship and Economic Development Funding Agreement with the American Cancer Society, inc. for $500 cash and in-kind promotional services valued at $13,530, for the Relay for Life event being held May 20 - May 21, 2017 at Great Oak High School. BACKGROUND: The American Cancer Society works diligently to provide patient services, research and tools necessary to educate the community on the prevention of cancer and the importance of early detection. In addition to research efforts, the American Cancer Society funds a hotline that is available 24 hours a day, 7 days a week and 365 days a year for anyone who has questions regarding cancer. They also provide free lodging with Hope Lodge, for families who do not live in an area where they can receive the best treatment options available to them. The "Look Good, Feel Better" program helps patients with the appearance related side effects of cancer by working with individuals on beauty techniques that help them strengthen their self-image during chemotherapy and radiation treatments. Due to the programs, outreach and research the American Cancer Society has become one of the largest non-profit organizations within the US to invest in finding the cause and cure for cancer. Forty seven of the research scientists have won the Nobel Prize for their discoveries and cancer death rates have declined by 20% over the last 23 years because of their efforts. The 24 hour Relay for Life fundraising event will be held on Saturday May 20, 2017 at Great Oak High School. The event will take place on the track inside the stadium and participants will take turns walking or running the track over the 24 hour period symbolizing that cancer does not sleep. The first lap is taken by cancer survivors, celebrating their victory over cancer. At sunset a Luminaire Ceremony wilt take place to remember those that have lost their lives to cancer. The money raised from the event will be used to continue to fund the many programs and research that the American Cancer Society provides. The Economic Development Committee of the City Council (Mayor Pro Tem Edwards and Council Member Comerchero) met on March 23, 2016 and recommended that the City support this event as the American Cancer Society provides many services to patients and families battling cancer. FISCAL IMPACT: Adequate funds are available in the Economic Development Fiscal Year 2016-17 operating budget for the $500 sponsorship and in-kind promotional support costs valued at $13,530. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN CITY OF TEMECULA AND AMERICAN CANCER SOCIETY, INC. THIS AGREEMENT is made and effective as of this 15th day of November, 2016, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and American Cancer Society, Inc., a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Relay for Life event (hereinafter referred to as the "Event") on May 20, 2017 and May 21, 2017. The Event is a special event at Great Oak Highschool. b. The Event includes, an organized, overnight community fundraising relay walk around the track. Food, games and activities included, provide entertainment for those involved. This is a family friendly environment for the entire community, which includes a Cancer Survivors Lap and a Luminarie Ceremony. c. Alcohol will not be served. d. The City desires to be a Sponsor of the Event. 2. TERM This Agreement shall commence on November 15, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit in-kind promotional services valued at an amount not to exceed Thirteen Thousand Five Hundred Thirty Dollars and 00/100 ($13,530.00), as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor the City shall receive sponsor benefits as listed in Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Five Hundred Dollars and 00/100 ($500.00) cash which will be allocated to contribute to the cost of the Relay for Life. c. The Nonprofit shall support economies of the City of Temecula by utilizing local businesses (e.g. local food vendors, restaurants, , crafters, etc.) when competitive and practicable. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings relevant to the Relay For Life event and any recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by October 25, 2016, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Five Hundred Thousand Dollars and No Cents ($500,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: Assistant City Manager 41000 Main Street Temecula, CA 92590 American Cancer Society, Inc. Attn: Joanne Pann-Kydd 6355 Riverside Avenue Riverside, CA 92506 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The CITY MANAGER is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 18. GRANT OF LICENSE During the term and for one (1) year thereafter, sponsor may use the acs mark to acknowledge its sponsorship of the event as follows: " city of temecula is [or was] a proud sponsor of the relay for life event at great oak high school." Sponsor may not use the acs mark in connection with the sale of a product or service. Any other use of the acs mark other than the language set forth above requires the prior written review and approval of acs. Requests for review and approval must be sent to joanne pann-kydd. Upon request, sponsor will provide acs with copies of sponsor materials that use the acs mark. All use of the acs mark inures to the benefit of ACS. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA AMERICAN CANCER SOCIETY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: Joanne Pann-Kydd, Community Manager By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Lou -Anne Eveland, Senior Manager American Cancer Society, Inc. Joanne Pann-Kydd 6355 Riverside Avenue Riverside, CA 92506 951-300-1211 Joanne.pannkydd@cancer.org PM Initials: Date: EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS SPONSOR American Cancer Society, Inc. shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Relay for Life event is as follows: Item Value City Website (Event listing on City of Temecula website for 2 weeks prior to each event) $ 2,200 Temecula Auto Mall Marquee (One slide every 4.5 minutes for 4 weeks prior to each event) $ 6,230 City Cable Channel 3 (One slide for 30 seconds per hour for 2 weeks prior to each event) $ 5,100 TOTAL PROMOTIONAL SERVICES SUPPORT $13,530 Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: November 15, 2016 SUBJECT: Approve a Cooperative Agreement Between the City of Temecula and Non-profit Temecula Sunrise Rotary Club in Support of a Community Christmas Dinner PREPARED BY: Yvette Martinez, Community Services Supervisor I RECOMMENDATION: That the City Council approve the Cooperative Agreement between the City of Temecula and non-profit Temecula Sunrise Rotary Club, in the amount of $7 255 of in-kind services/costs, in support of a Community Christmas Dinner. BACKGROUND: Founded in 1987, the Temecula Sunrise Rotary offers many programs benefiting the City of Temecula. The organization consists of local business leaders working to address various community and international humanitarian projects. The club encourages high ethical standards in all vocations, and helps build goodwill and peace in the world through the Ideal of Service. The club objective is to encourage and foster the Ideal of Service as a basis of worthy enterprise. In 2015, the Temecula Sunrise Rotary Club and two other local Rotary Clubs took the lead on a 20 -year Community Christmas Dinner tradition held at the Mary Phillips Senior Center in Old Town Temecula, Approximately 1,700 people were served in 2015. Participation is at no cost, open to anyone in the community, and the guests are treated to a full, sit-down dinner on Christmas day. Attendance is not based on financial need, and is open to anyone and everyone who would like to spend Christmas day with others. The dinner provides a sharing of community spirit with those who may be aJone for the holiday. Upon arrival, families and individuals are greeted at the door by numerous volunteers. Children attending get to meet Santa Claus, get their picture taken with Santa, and receive a wrapped Christmas gift. The Community Christmas Dinner is held in a festive atmosphere complete with Christmas decorations, lots of smiles, and hugs. Everyone is made to feel that they are part of the family. Once seated in the dining room, the guests are served punch, coffee, or water and a holiday feast of roasted turkey, dressing, mashed potatoes and gravy, vegetables, rolls, and dessert all served by volunteers. The mission of Temecula Sunrise Rotary Club is providing services to others by educating children, empowering youth, enriching families, and recognizing communities here and around the world through peace, goodwill, and fellowship. The Partnership between the City of Temecula and Temecula Sunrise Rotary Club exists to leverage resource opportunities to fulfill the needs of everyone in the community by providing a Community Christmas Dinner on December 25, 2016 at the Mary Phillips Senior Center, 41845 Sixth Street. The City of Temecula and Temecula Sunrise Rotary Club have worked cooperatively to host the Community Christmas Dinner that serves residents of Temecula and surrounding cities. This Cooperative Agreement helps to meet the City's service goals "To maintain and enhance Temecula's many quality of life assets...for the full spectrum of specific groups and their differing needs, such as seniors and those with special needs." The City will provide in-kind Community Services facilities and staff support valued at $2,880 and $175 respectively, material costs of $1,000, and in-kind promotional services valued at $3,200. In addition to the meal service described above, the non-profit Temecula Sunrise Rotary Club shall include a visit from Santa to everyone participating at the event, gifts to children, Christmas decorations throughout the Mary Phillips Senior Center, home delivered meals to those who are unable to drive to the event; and will include the City of Temecula logo/name on advertisements, press releases, event posters, event flyers, and any other promotional material. FISCAL IMPACT: Funds are allocated in the FY 2016-17 Annual Operating Budget. ATTACHMENTS: Cooperative Agreement COOPERATIVE AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA SUNRISE ROTARY CLUB THIS AGREEMENT is made and effective as of this 15th day of November, 2016 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula Sunrise Rotary Club, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Community Christmas Dinner (hereinafter referred to as the "Event") on December 25, 2016. The Event is a special event which is located at Mary Phillips Senior Center, 41845 Sixth Street. The non-profit will require the use of the facility for preparation of the event on December 23, and will restore the facility to its original condition on Dec 26, 2016. b. The Mary Phillips Senior Center will be closed due to this event December 23 - 26, 2016. c. The Nonprofit will provide meals, refreshments, desserts, and gifts to those in need on Christmas Day, as described in Exhibit A. Anticipated attendance is 1,600 individuals. d. Alcohol will not be served. e. The City desires to be a Co -Sponsor of the above mentioned event, providing in-kind support including facilities, staff support, materials, and rentals as described in Exhibit B. 2. TERM This Agreement shall commence on November 15, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 26, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 6. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 7. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by November 15, 2016, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Temecula Sunrise Rotary Club Attn: Mark Sitar P.O. Box 2203 Temecula, CA 92593 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA SUNRISE ROTARY CLUB (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT By: Mark Sitar, President Diane Sitar, Co -Chair Temecula Sunrise Rotary Club Mark Sitar P.O. Box 2203 Temecula, CA 92593 Mdsitar@verizon.net PM Initials: Date: EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Temecula Sunrise Rotary Club ("Nonprofit") shall provide the following benefits and services for the citizens of the City of Temecula: • Complete meal service including non-alcoholic beverages free of charge to attendees at the Event • Visit from Santa to everyone participating • Gifts for children • Christmas Decorations throughout the Mary Phillips Senior Center • Home delivered meals to those who are unable to drive to the Mary Phillips Senior Center • City of Temecula logo/name on advertisements, press releases*, posters, flyers, or other promotional materials *Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS The City will provide the following support for the Event, valued as follows: Community Services Facility Rental (in-kind): Community Services Staff Hours (in-kind): Community Services Material Costs (equipment rental): $ 2,880.00 $ 175.00 $ 1,000.00 TOTAL: $ 4,055.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for Temecula Sunrise Rotary Club event is as follows: Item Facility Promotion Event flyer posted at City Facility City Website Event listing on the City of Temecula's event calendar Value $ 1,000.00 $ 2,200.00 TOTAL VALUE: $ 3,200.00 Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: November 15, 2016 SUBJECT: Approve the Agreement for Consultant Services with Falcon Engineering Services, Inc. for Interstate 15 / State Route 7 South Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council approve the Agreement for Consultant Services with Falcon Engineering Services, Inc., in an amount not to exceed $3,015,147.60, to provide professional construction management services for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08. BACKGROUND: In conjunction with the California Department of Transportation (Caltrans), the City has designed and developed improvements for the Interstate 15 / State Route 79 South (Temecula Parkway) interchange. The project features expansion and realignment of the southbound ext- and entrance -ramp, expansion of the northbound exit- and entrance ramp, installation of ramp meters, widening of 1-15 and SR -79S, improved pedestrian facilities, elimination of one signalized intersection, updated safety devices, and landscaping with irrigation. The improved facility falls largely within Caltrans jurisdiction. As such, the design and construction of the project must be executed in accordance with the Caltrans requirements. In letter dated August 22, 2011, Caltrans agreed to delegate authority to the City to perform the Advertisement, Award, and Administration (AAA) of the construction contract. The subject Agreement enlists the professional services of Falcon Engineering Services, Inc., and its sub - consultants, to perform construction management and engineering servces in support of the administration of the construction contract, in accordance with Caltrans and City requirements. On July 25, 2016, the City issued a Request for Proposals (RFP No. 211) inviting qualified consulting firms to submit a proposal to provide construction management services for the project. By the time of the filing deadline of August 25, 2016, over 1,000 firms were notified, approximately 148 firms obtained the RFP, and nine submitted a proposal. One proposal was dismissed without prejudice due to insufficient scope. A Selection Committee comprised of representatives from the City and Caltrans reviewed the proposals, discussed findings, conducted an interview of the top three qualified firms, and ranked the prospective bidders as follows. 1. Falcon Engineering Services, Inc. 2. T.Y.Lin International 3. Southstar Engineering & Consulting 4. TranSystems 5. Hill International, Inc. 6. Vali Cooper & Associates, Inc. 7. PSOMAS 8. Fountainhead Consulting Corporation Falcon Engineering Services, Inc. is a multi -disciplinary firm with extensive experience in providing construction management services on freeway projects of comparable size and complexity. Its team will include professional sub -consultants KZAB, Dynamic Engineering Services, Inc. (DESI), MNS Engineers, Inc., Converse Consultants, PSOMAS, AMEC Foster Wheeler, and Green Com, Inc. Following the selection process, staff entered negotiations with Falcon Engineering Services, Inc. and finalized the terms of the attached Agreement. The scope of work includes professional administration services necessary during pre -construction, construction, and post - construction such as review of the plans for constructability, construction inspection, document control, materials testing, public affairs, and project close out. Performance of these services will span approximately three years. FISCAL IMPACT: The Interstate 15 / State Route 79 South Ultimate Interchange is included in the City's Capital Improvement Program, Fiscal Years 2017-21. The sources of funds for construction engineering include Senate Bill 621 and Transportation Uniform Mitigation Fee (TUMF) pursuant to WRCOG 2014 Southwest Zone 5 -year Transportation Improvement Program adopted January 6, 2014. There are sufficient funds available within project account 210-165-662-5805 to cover the cost of the agreement, $3,015,147.60. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC. INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE, PW04-08 THIS AGREEMENT is made and effective as of November 15, 2016, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and FALCON Engineering Services, Inc., a California "S" Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 15, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub - consultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 1 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any sub -consultants must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and sub - consultants will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks. html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Million Fifteen Thousand One Hundred Forty -Seven Dollars and Sixty Cents ($3,015,147.60) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement 2 pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees 3 and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 4 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither 5 City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified 6 mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 16. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 FALCON Engineering Services, Inc. Attn: Wael Faqih, Vice President 341 Corporate Terrace, Suite 101 Corona, CA 92879 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - 7 contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA FALCON Engineering Services, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Maha Faqih, President ATTEST: By: By: Randi Joh!, City Clerk APPROVED AS TO FORM: By: Wael Faqih, Vice President Peter M. Thorson, City Attorney CONSULTANT FALCON En • ineerin Services, Inc. Wael Faqih,Vice President 341 Corporate Terrace, Suite 101 Corona, CA 92879 951-549-9600 wfaciih@falcon-ca.com PM Initials: Date: 9 EXHIBIT A SERVICES AND TASKS 1 - Project Description 11 1.1 Project Controls System Development 11 1.2 Monthly Project Progress Meetings and Reports 12 1.3 Document Management System 13 1.4 Neighborhood Liaison and Public Outreach Strategy 13 2 - Pre -Construction Phase Services 14 2.1 Constructability Review 14 2.2 Bidding Assistance 15 2.3 Construction Management Plan 15 2.4 Storm Water Pollution Prevention Plan (SWPPP) 15 2.5 Local Assistance Documentation / Federal Contract Mgmt Requirements 16 2.6 Pre -construction walk with contractor 17 3 - Construction Management Services 17 3.1 Pre -construction Conferences 17 3.2 Communications and Correspondence 18 3.3 Change Management 19 3.4 Monthly Construction Progress Reports 19 3.5 Schedule Monitoring 20 3.6 Cost Monitoring 20 3.7 Progress / Coordination Meetings 21 3.8 Payment Recommendations 21 3.9 Safety 22 3.10 Environmental Coordination, Compliance, and Monitoring 22 3.11 Neighborhood Communication / Public Information 23 3.12 Traffic Control and Signal Timing 24 3.13 Submittal Management and Review 24 3.14 Request for Information (RFI) Management and Review 25 3.15 Document Management 26 3.16 Construction Change Order Assistance 27 3.17 Review Certified Payrolls 28 4 - Construction Inspection Services 28 4.1 Inspection and Documentation 28 4.2 Special Inspection/Coordination - Gas Station Demolition 29 4.3 Special Inspection/Coordination - Utility Relocations 30 4.4 Construction Materials Sampling and Testing 30 4.5 Construction Surveys and Staking 31 4.6 Review and maintain "As Constructed Schedule" 31 4.7 Maintain Photographic and Video Records of Construction Progress 32 4.8 Review and Maintain "As Built" Drawings 32 4.9 Final Acceptance and Punch List 33 5 - Construction Closeout Activities 33 5.1 Contract Closeout 33 5.2 Project As -Built Drawings 33 5.3 Final Project Report 34 5.4 Final Payment, Final Report of Expenditure Checklist 35 6 - Field Office and Employee Equipment 35 10 1 - Project Description The City of Temecula (CITY) and the California Department of Transportation (Caltrans), on behalf of the Federal Highway Administration (FHWA), is proposing to construct improvements to the existing interchange on Interstate -15 (1-15) at State Route 79 South (SR -79S, aka Temecula Parkway). Construction contract work will include: • Demolition and removal of the ARCO gas station located at 44987 Old Town Front Street, Temecula, 92590. • Relocation of active sewer lines owned & operated by the Eastern Municipal Water District. • Relocation of active water lines owned & operated by the Rancho California Water District. • Relocation of active power lines owned & operated by the Southern California Edison Company. • Realignment of ramps. • Widening of freeway, roadway, and ramps. • Construction of a new bridge and construction/modification of new/existing retaining walls. • Modification/installation of drainage systems, traffic signal and lighting systems, signs and pavement delineation, landscape and irrigation (recycled) systems, and one-year plant establishment. • Controlling of water pollution temporarily and handling traffic. The estimated construction contract time is 360 WD, plus 250 WD for plant establishment. The engineer's estimate of construction cost is approximately $26M, including additive bids. The CITY is the Project Sponsor and Implementing Agency, with Caltrans providing full oversight. The Engineer Of Record is Michael Baker International, Inc. (EOR or Designer). The construction contract will be paid, in part, with Federal Funds (STP and SAFETEA-LU). This scope of Services and Tasks summarizes activities to be performed by the Construction Management firm (CM, Resident Engineer, or ENGINEER) and/or its sub consultants. This scope of Services and Tasks is not meant to be comprehensive. Generally, the Construction Management firm is to perform activities, on behalf of the CITY, as necessary to administer the construction contract. All activities shall be performed in accordance with the guidelines and requirements of the CITY, Caltrans, and FHWA. 1.1 Project Controls System Development Purpose: To provide CITY with current information regarding schedule, budgets, expenditures, and change orders in an integrated cost and schedule information system. The master schedule of the Project Controls System (PCS) will enable critical activities and interrelationships between the contractor, suppliers, ENGINEER, CITY, Designer, Caltrans, utility companies, and environmental monitors to be monitored efficiently during the construction phase of the project. The master schedule will identify permit constraints, work area restrictions and other known work and/or coordination constraints. 11 The cost -monitoring element of the PCS will enable project -wide monitoring of expenditures for comparison with the original budgets and budget updates resulting from change orders processed during the life of the project. Monthly reporting will enable accurate cost forecasting at any time. The automation of the above information will enable timely analysis, intervention, and decision making to enable efficient control of the project. Approach: ENGINEER will develop the PCS using software similar to Primavera P6 and Expedition, Microsoft Word and Excel software. A master schedule will be developed summarizing all significant activities of project related entities including the contractor, suppliers, ENGINEER, CITY, Designer, Caltrans, utility companies, and environmental monitors. The schedule will be structured to include the following: • Primary contractor work activities, including major submittals required accomplishing the work. • Principal work activities of the ENGINEER's construction manager, the CITY's project manager, Designer, environmental monitors, contractors, and suppliers. • Activities necessary for regulatory compliance. • Activities related to utility relocations. • Relationships between submittals, approvals, procurement, and delivery of materials. • Milestones associated with permitting and approvals. • Any activity requiring coordination with the CITY, Caltrans oversight, and other local utility/regulatory agencies. • Substantial and final completion dates. The cost accounting format will use a work breakdown structure and cost categories that will be compatible with the CITY's cost accounting system. The work breakdown structure will be based on contractor's activities and will provide the basis for cost -loading activities in the schedule. Assumptions: 1. The initial master project schedule will be developed based on information available before the award of contracts for construction. 2. The CITY will provide a description of the CITY invoicing requirements and guidelines for project work breakdown structure and cost reporting format. Deliverables: 1. Implementation of Project Control System. 2. Draft master project schedule. 3. Initial master project schedule following review and approval by the CITY. 4. Initial project cost. 1.2 Monthly Project Progress Meetings and Reports Purpose: To apprise CITY management and other stakeholders of ENGINEER's activities under this contract via written report and monthly meeting. 12 Approach: ENGINEER will provide a brief written report covering a summary of the status and expenditures associated with each of the tasks described in this scope of work; including highlights of any unusual contractual issues that arise during the reporting period. ENGINEER will schedule monthly progress meetings, which will provide for discussion of progress reports and issues related to (a) this agreement and (b) the construction contract. Assumptions: 1. The project monthly progress report will be provided throughout the contract period for an estimated duration of 17 months, plus 12 months during plant establishment. 2. A regular monthly meeting date and time will be established. Meeting date is typically the first week of each month, the same day of the week, i.e., Monday, Tuesday, etc. 3. Written progress reports will be provided to the CITY at least 5 working days in advance of each progress meeting. 4. CITY to submit proposed changes/amendments to the monthly progress reports, in writing, to ENGINEER for its use. Deliverables: 1. Monthly project progress report. 2. One page summary report. 3. Monthly progress review meetings with minutes/summaries. 1.3 Document Management System Purpose: To establish a system for the timely logging, filing, and tracking of project related correspondence to assure timely responses, and provide a record of communications to enable efficient retrieval and establish the chronology of events for use in dispute resolution. Approach: ENGINEER will set up a document tracking system; using software similar to Primavera Expedition to maintain project files. Assumptions: 1. Actual logging, filing, and tracking of project information will be performed under separate tasks and subtasks. 2. The ENGINEER File Index will conform to the Caltrans filing numbering system. Deliverables: Implementation of a computerized document management system that includes written procedures for use by the ENGINEER and project team. 1.4 Neighborhood Liaison and Public Outreach Strategy Purpose: To provide a strategy for dealing with issues related to the impacts of construction on the residential neighborhoods and businesses located adjacent to and within the limits of the project and impacts of traffic handling and detours on emergency services, first responders, and regional tourist destinations. 13 Approach: ENGINEER will develop in conjunction with the CITY a strategy for neighborhood, business, and local community communication related to construction phase impacts and mitigation. Assumptions: ENGINEER will be responsible for development of the neighborhood liaison and public outreach strategy. However, the CITY will provide general guidelines for community and neighborhood affairs, dictate protocol, and initiate contact with local elected officials, if required. The CITY will be responsible for the review and approval of the overall plan. Deliverables: 1. ENGINEER: Draft Action Plan 2. CITY: Review and comment on action plan. 3. ENGINEER: Draft Neighborhood affairs strategy memorandum. 4. CITY: Comments on draft strategy memorandum. 5. ENGINEER: Final Neighborhood affairs strategy memorandum. 2 — Pre -Construction Phase Services ENGINEER shall provide specialized services during the project Pre -Construction phase, including the bidding periods of the project. These services are intended to involve the construction manager early in the project and to provide advanced planning for construction phase activities. 2.1 Constructability Review Purpose: To provide the CITY and ENGINEER with reasonable assurance that project can be adequately constructed as indicated on the Design Plans and to endeavor to minimize contract change orders. To enable changes to be made to the Project Documents by the Designer before the construction contract bids are due. Approach: ENGINEER will perform a constructability review of the project, analyzing the phasing and staging of project construction for conflicts. The constructability review will also look for inconsistencies between the Project Plans (including construction notes), the Project Specifications, and applicable permits for the Project and the Engineer's Estimate. The ENGINEER will also perform an Independent Quantity Take -off of the major items of work on the Project. Assumptions: The Project Plans and Project Specifications are essentially complete and ready for advertisement. Deliverables: 1. Constructability comments and report for review by the CITY and Designer. ENGINEER will provide two (2) copies of the comments and report. 2. The Independent Quantity Take -off with comments and supporting calculations, wet stamped and signed by the ENGINEER's Engineer in Responsible Charge. After CITY and Designer have reviewed and/or made changes, log changes made and changes not made in the project records. 14 2.2 Bidding Assistance Purpose: To provide the CITY assistance in addressing Requests For Information (RFIs) received during advertisement of the construction contract. Approach: CITY will distribute RFIs to the Designer and ENGINEER as they are received. Together, the CITY, Designer, and ENGINEER will determine and generate the appropriate response. The CITY will be responsible for sending/publishing the response to RFI including, if need be, obtaining Caltrans approval/concurrence (e.g. addenda). Assumptions: CITY, Designer, and ENGINEER shall provide initial input on RFIs within one (1) business day of receipt. Formal response to RFI shall be ready for transmittal within three (3) business days. CITY will maintain the RFI log associated with advertisement of the construction contract. Deliverables: 1. Analysis and input on RFIs via electronic mail or telephone conversation. 2.3 Construction Management Plan Purpose: To provide the CITY and ENGINEER with uniform procedures and standards for the administration of the construction contract. Approach: ENGINEER will develop a procedures manual that is usable for the construction project utilizing the Caltrans Construction Management Manual and portions of the Local Assistance Procedures Manual. The Manual will be a compilation of both manuals, using various parts from both manuals as appropriate and incorporating a section concerning emergencies. Assumptions: The final project manual will be bound in a three ring binder to facilitate future revisions. Deliverables: 1. Draft project manual for review by the CITY. ENGINEER will provide two (2) copies of the draft. 2. After review and comments, provide two (2) copies of final project manual to the CITY. 2.4 Storm Water Pollution Prevention Plan (SWPPP) Purpose: To protect the CITY from potential fines from regulatory agencies by monitoring contractors' activities regarding pollution prevention controls and/or activities for general compliance with the contractor's SWPPP Best Management Practices (BMP). Approach: ENGINEER will observe the contractor's work area for general compliance with the SWPPP Best Management Practices (BMP) and notify the contractor if the pollution prevention controls are not in accordance with the SWPPP. Failure to revise and correct conditions will be cause to have the CITY take corrective action. Immediate shutdown of the contractor's work may be required, if conditions are in non-compliance with the SWPPP or other permit conditions. 15 Assumptions: 1. ENGINEER will not be responsible for contractor(s) means and methods for complying with the BMP listed in the SWPPP. 2. ENGINEER will not be responsible for costs incurred by the contractor(s) for its failure to comply with its SWPPP. 3. ENGINEER will document site conditions with respect to SWPPP and BMP weekly and maintain a separate file for said reports. Deliverables: Contractors' SWPPP monitoring reports and ENGINEER documentation of site conditions kept in project file for the record. 2.5 Local Assistance Documentation / Federal Contract Mgmt Requirements Purpose: To assist the CITY in field observation, testing and preparation of documentation required for compliance with FHWA Contract Management Requirements as detailed in the Caltrans's Local Assistance Procedures Manual. Approach: ENGINEER in conjunction with the CITY will insure that contract administration procedures, documentation, and filing system is in accordance with Chapters 15, 16, and 17 of the Local assistance Procedures Manual. • Chapter 15, Advertise and Award Project; including the following sections: o Approval for Local Agency to Administer Projects. o Project Advertisement, o Contract Bid Opening, Contract Award, and Award Package • Chapter 16, Administer Construction Contracts includes the following: o Project Supervision and Inspection o Pre -Construction Conference and Partnering o Contract Time o Subcontractors o Engineer's Daily Reports o Project Files o Construction Records and Accounting Procedures o Safety Provisions o Labor Compliance o Equal Employment Opportunity o Contract Change Orders o Quality Assurance Program o Contract Claims o Traffic Safety in Highway and Street Work Zones o Construction Engineering Review by the State 16 • Chapter 17, Project Completion includes the following: o Final Inspection Procedures for Federal -aid Projects o As Built Plans o Report of Expenditures o Consequences for Non -Compliance Assumptions: None. Deliverables: Individual tasks required for compliance with the Local Assistance Procedures Manual include required checklists, forms, filing system, procedures for progress payments, change orders, claims, correspondence, as-builts, reporting, permit compliance, permit renewals, final invoicing and claims mitigations and resolutions. Also using the Caltrans Construction Manual, Traffic Manual, MUTCD, ADA Guidelines, CAL OSHA Safety Orders, SWPPP & PMP preparation Handbook, and all Bridge Manuals as applicable. 2.6 Pre -construction walk with contractor Purpose: To document existing project site and neighboring site conditions prior to the start of construction; to ensure that all parties are aware of and agree to the condition of existing project site and neighboring site conditions prior to the start of construction. Approach: Prior to the issuance of a Notice to Proceed, ENGINEER, the Contractor, Caltrans, utility company representatives, and CITY will walk the entire project and record existing conditions via a written log, still photographs, and videotape where required. ENGINEER will provide copies of all documentation to the Contractor and the CITY. ENGINEER will keep documentation originals in the project files until project completion. Assumptions: Project walk will not take longer than two days with approximately the same amount of time to log, file and copy the information. Deliverables: A written log, still photographs and any videotape depicting existing site conditions, as recorded prior to the start of construction. 3 — Construction Management Services ENGINEER, on behalf of the CITY, will provide construction management services for a single construction contract. The project involves the construction of the Interstate -15 / State Route 79 South Interchange, more completely described above. Construction Management services will encompass the Quality Assurance and enforcement of all construction contract requirements. 3.1 Pre -construction Conferences Purpose: To provide a forum for all essential project participants to meet prior to the start of work. This meeting will outline the CITY's administration of the contract, introduction of the participants, and record all comments and questions submitted by the Contractor. Provides an 17 understanding of the procedures to be used on the project and what the Contractor can expect from the CITY and its consultants. Approach: ENGINEER will schedule, prepare the agenda, chair and take minutes of the pre -construction meeting. The meeting will outline project specifics and inform the Contractor of project administration procedures. Assumptions: 1. The CITY will provide the meeting venue. 2. The CITY will assist ENGINEER in developing the attendee list. 3. ENGINEER will prepare a draft agenda for the CITY approval prior to the meeting. Deliverables: 1. Written agenda and minutes of pre -construction conference. 2. Electronic copies of pre -construction meeting minutes to the attendees. 3. Review and comment on contractor's base -line schedule. 4. Establish ground rules of coordination & communications with contractor and designer concerning the processing and reviewing of submittals and RFI's. 5. Maintain construction documents per federal requirements and as detailed in Chapters 15, 16, 17 and other relevant Chapters of the Local Assistance procedures Manual. 6. Enforcement DBE requirements. 7. Enforcement of Labor Compliance Requirements, including completion federal Labor Compliance Pre job Checklist. 8. Enforcement of Quality Assurance Program 9. Completion of the Federal Resident Bridge Engineer's Construction Contract Administration Checklist, including all necessary attachments as detailed in Local Assistance Procedures Manual. 10. Discussion of environmental permits requirements. 11. Discussion of utility company requirements. 12. Preparation of invoices for federal reimbursement. 3.2 Communications and Correspondence Purpose: To provide for and/or facilitate effective communication, on behalf of the CITY, and among all stakeholders in the administration of the construction contract. Approach: ENGINEER will obtain all pertinent information as required to develop a project directory of all key personnel working on the project. ENGINEER will develop a graphic chart indicating the proper flow of correspondence. ENGINEER will log all information received from the Contractor and others, in Expedition. Lastly, ENGINEER will prepare and/or forward appropriate responses, obtaining CITY approval when required. Assumptions: 1. The ENGINEER Correspondence Log will be used for all correspondence received from the CITY, the Contractor and others. 2. All original correspondence will remain with the ENGINEER project files. Only copies will be distributed, with the exception of shop drawing submittals. 18 3. The ENGINEER project files will be turned over to the CITY upon the conclusion of the project. Deliverables: 1. Communication flow chart. 2. Written logs of information received from the CITY, the Contractor, Designer, environmental monitors, citizens and/or others. 3.3 Change Management Purpose: To provide a system for logging and tracking all changes on the project. Approach: ENGINEER will review potential change orders for contractual and technical merit, prepare independent cost estimates and schedule analysis of work as necessary, discuss with CITY, and negotiate change order costs with the Contractor. ENGINEER will prepare change orders with all required support documentation for execution by the CITY. ENGINEER will keep the CITY apprised of cumulative changes in project cost and project duration. Assumptions: 1. ENGINEER will be allowed to use its own judgment regarding how best to handle cost negotiations with the Contractor, but will keep the CITY informed throughout the process. 2. ENGINEER will obtain final approval of all project cost and/or project time changes from the CITY prior to authorizing the Contractor to proceed with changes. 3. ENGINEER will prepare official change order documentation to be processed with the Contractor's regular application for payment. 4. ENGINEER will transmit electronic copies (MS Word *.docx files) of change order documentation to the CITY. 5. Change Orders will require CITY's approval. Deliverables: 1. Independent cost estimates. 2. Change orders ready for execution. 3. Change order summary reports. 3.4 Monthly Construction Progress Reports Purpose: To keep the CITY apprised of the project status during the prescribed construction period. Approach: ENGINEER will prepare a monthly report that provides construction status to the CITY and other involved parties. The monthly report shall contain the following: 1. Status of contractor's schedule and what the contractor is doing to maintain or catch up if the schedule has slipped. While the focus will be on critical path items, other items that might become critical will be discussed in the report. 2. Construction costs incurred for the month. 3. Cash flow projections for the contractor. 4. Identification of actual and potential problems associated with the construction project and consult with the CITY and Designer. 19 5. Evaluation of Value Engineering Change Proposals (VECP), formerly Cost Reduction Incentive Proposals (CRIP), and recommendation to the CITY for acceptance or denial. 6. Potential Issues, pending change orders and executed change orders. 7. Photographs to show construction activities and for clarity for special issues. 8. Other information deemed necessary for the CITY to have a concise understanding of the construction progress. Assumptions: The CITY will assist ENGINEER in the initial formatting of the first report. Deliverables: 1. Monthly progress report. 3.5 Schedule Monitoring Purpose: To monitor and review the Contractor's schedule, after acceptance of baseline schedule, to ensure project is not being delayed over issues within the control of the Contractor. Approach: ENGINEER will develop procedures, using available software, to review the Contractor's monthly schedule updates for logic, duration, and resource changes. ENGINEER will notify the Contractor of discovered changes and document the Contractor's response, for the record. ENGINEER will keep the CITY apprised of the Contractor's current construction schedule. Assumptions: Contract specifications will require the Contractor to use Critical Path Method (CPM) scheduling tools/software. The preferred scheduling software is P6 or Suretrak by Primavera. Deliverables: 1. ENGINEER will prepare and transmit to the Contractor schedule review comments. 2. Monthly review of contractor's schedule updates and provide summary to CITY on schedule status and impact of changes to completion date. 3. Monitor and facilitate utility coordination with various utility companies and the Contractor. Incorporate utility work in the schedule and report any delays and impacts to completion date. 3.6 Cost Monitoring Purpose: To provide the CITY with a system that is easy to understand and provides up-to-date cost information for making timely decisions. Approach: Using a combination of software like Expedition and Excel, ENGINEER will generate spreadsheets and graphs for the purpose of monitoring anticipated and actual cost outlays. Assumptions: The CITY will provide direction regarding desired cost monitoring information and report formats. Deliverables: 1. Monthly cost monitoring reports in a format to be determined. 20 2. Monthly progress report for the CITY describing key issues, cost vs. budget status, and schedule status. 3.7 Progress / Coordination Meetings Purpose: To provide a forum for the review of the project status, the look -ahead schedule, outstanding RFIs and submittals, and project issues. Approach: ENGINEER will conduct regular progress/coordination meetings, to be attended by the CITY, the Contractor, ENGINEER and other invitees. ENGINEER will request the CITY and the Contractor to submit agenda items for the meetings. Using the proposed agenda items and agenda items developed in house, ENGINEER will prepare a comprehensive agenda for the meeting and distribute the agenda to all parties scheduled to attend. Following the meeting, ENGINEER will distribute meeting minutes, requesting either the concurrence of those who attended, or suggested corrections to the minutes. Minutes will be filed as either approved or amended. Assumptions: 1. The CITY's and Contractor's staffs will be able to meet on a regular basis with minimal absences. 2. The meeting room will be able to seat a minimum of 15 people. 3. Meetings will not take place more than once a week and will not last longer than one hour. 4. The Contractor will submit a look -ahead schedule (2 or 3 week) at each meeting. Deliverables: 1. Agenda with status of open items from previous meetings. 2. Meeting minutes, for review, with action items noted. 3. Amended meeting minutes, if required. 4. Submittal, Issues log, Change Order log and RFI and RFQ working logs. 3.8 Payment Recommendations Purpose: To verify that the Contractor's request for payment does not represent more than an amount that is reasonable for the work done on a monthly basis. To prepare progress payment recommendations on behalf of the CITY for work completed and materials stored on hand (if allowed). Approach: ENGINEER will review and approve the Contractor's monthly progress based on the percentage of work activities complete. The Contractor will submit a certified application for payment to ENGINEER for final review. Once approved, ENGINEER will prepare a payment application certificate, using software similar to Excel, for approval and execution by the CITY. Assumptions: 1. The CITY will make payments in accordance with the contract stipulations and State Law to the Contractor once each month. Deliverables: 1. Contractor's certified application for payment. 21 2. Progress payment request documents suitable for approval and execution by the CITY. 3.9 Safety Purpose: To review the Contractor's work site safety and notify the Contractor of unsafe conditions, as observed. Implement the CAL OSHA Safety Orders requirements for providing safe work site conditions. Approach: ENGINEER will observe contractors' work area. Contractors to be informed if unsafe work conditions and/or areas are observed. Immediate shutdown of contractors' work may be required if conditions endanger property and/or life. Random attendance of contractor's tailgate meeting. ENGINEER will conduct its own bi-weekly staff safety meeting to discuss specific safety procedures and issues relating to current or upcoming construction activities requiring unique safety procedures. Assumptions: 1. Contract document requires Contractor to submit its safety program and safety officer prior to the start of work 2. Contract documents or Contractor's safety program requires contractor to submit accident reports. 3. ENGINEER assumes no responsibility for safety of Contractor's work areas. 4. ENGINEER assumes no responsibility for implementation of Contractor safety program or its construction means and methods. Deliverables: 1. Accident reports from Contractor. 2. Bi -weekly safety meeting minutes. 3. Copies of safety issues discussed during contractors tailgate meetings. 3.10 Environmental Coordination, Compliance, and Monitoring Purpose: To verify the contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. All permits shall be kept current and renewed prior to expiration throughout the project duration. Ensure that the requirements of the project Environmental Commitments Record (ECR) are met and the ECR is maintained up to date. Approach: ENGINEER will review and enforce requirements stipulated in permits issued by regulatory agencies and the project ECR. ENGINEER will mobilize the services of its sub consultant(s) as necessary. Assumptions: 1. All permits will be provided to ENGINEER for review. 2. All permits will be included in the contract documents. 3. ECR will be provided to ENGINEER for review. 22 Deliverables: 1. Develop an employee education program. Each employee (including temporary, contractors, and subcontractors) will receive a training/awareness program within two weeks of working on the proposed project. 2. Be present for all ESA fence construction. Inform all parties associated with this project to strictly avoid these areas and that no construction activities, materials, or equipment will be permitted in the ESAs. 3. Be present at all pre -construction and pre -grade meetings and on site during vegetation removal. 4. Will have the authority to halt all associated project activities that may be in violation of any biological opinion. In such an event, the biologist will contact the Service within 24 hours. 5. Monitor construction to ensure that vegetation removal, Best Management Practices (BMPs), ESA fencing, and all avoidance and minimization measures are properly constructed and followed. 6. Monitor that all equipment maintenance, staging, and dispensing of fuel, oil, or any other such activities, will occur in designated upland areas. The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States, including wetlands. 7. Monitor that the typical erosion control measures, BMPs, in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board. 8. Monitor that no off-road vehicle activity from construction personnel or other persons affiliated with the project will occur outside of the project footprint. 9. Monitor that the all trash will be placed in raven -proof containers and promptly removed from the site to reduce the attraction of ravens and crows, which may eat protected species. 10. Monitor that no pets or firearms will be permitted inside the project's construction boundaries or other associated work areas. 11. Monitor that all soil/rock removal and storage activities will be restricted to the project footprint and that no maintenance activities will be authorized that extend beyond the boundaries of the project footprint. 3.11 Neighborhood Communication / Public Information Purpose: To provide an efficient means for keeping traveling public, adjacent residents and businesses, emergency first -responders, and tourist destinations appraised of the work activities they will encounter during construction. To provide a local contact telephone number for individuals to pose questions and discuss concerns. Approach: Using the Neighborhood affairs strategy memorandum, developed in Task 1, ENGINEER will prepare "Dear Neighbor" letters and door hangers as a means to communicate with the public. Develop user-friendly traffic handling and detour maps for distribution via hardcopy and web site. Attend and facilitate public meetings, as necessary, and respond to citizens and business owner's inquiries. Work with the CITY and Caltrans public information offices. Assumptions: None. 23 Deliverables: 1. Attend (as needed) Neighborhood/Business meetings. 2. Minutes of any meetings listing questions posed by residents and business owners. 3. Work progress flyers (Dear Neighbor letters). 4. Door hangers if not provided by the Contractor. 5. Traffic handling and detour maps. 6. Local contact number for ENGINEER. 7. 24-hour hot line 8. Provide Draft "Friday" report items to the CITY and draft news releases. 9. Provide project progress updates for website and/or newsletter. 3.12 Traffic Control and Signal Timing Purpose: To provide an efficient means for keeping traffic flowing through the site to adjacent residents and businesses during construction. Approach: Using a Traffic Engineer, ENGINEER will provide the necessary expertise to evaluate and modify permanent and temporary traffic controls, including signal timing as necessary to ensure the safe and efficient handling of traffic through the project site. Work with the CITY and Caltrans traffic engineering offices. Assumptions: Any CITY desired changes to the traffic handling will be communicated to ENGINEER in a timely manner. Deliverables: 1. Monitor, review and provide recommendations for modifications to traffic handling during the course of construction. 2. Prepare signal timing charts for traffic signals within and adjacent to project site as necessary to promote improved traffic flow for the various phases of construction. 3. Work with the CITY and Caltrans to implement those signal timing charts. 4. Provide a recommended signal timing chart for implementation at project completion based on the ultimate configuration. 3.13 Submittal Management and Review Purpose: To provide an efficient means of processing and reviewing submittals, including working drawings furnished in accordance with Section 5-1.23 SUBMITTALS of the State Standard Specifications 2010, from the Contractor and forwarding applicable submittals to the Designer as may be appropriate. Approach: Using software similar to Expedition, ENGINEER will develop a comprehensive submittal list for distribution to the Contractor and the Designer. ENGINEER will update and submit status submittal logs for review at each coordination meeting. ENGINEER will work with the Contractor and Designer (where applicable) to encourage timely submission, review and approval of submittals as outlined in the Contract Documents, prior to inclusion of submitted materials in the progress of the work. In addition, ENGINEER will perform the engineering 24 reviews and approvals for working drawings and calculations provided by the Contractor in accordance with 5-1.23 SUBMITTALS of the State Standard Specifications 2010 and within the review timeframes as specified in the applicable sections of the contract documents and specifications. The following steps will be taken in reviewing the Contractor's submittals: 1. Log all submittals by Specification Section. 2. Ensure that the Contractor has provided a complete submittal, coordinated with the work of other trades, and that all deviations have been noted. Submittal is returned to the contractor if it is not complete. 3. ENGINEER reviews submittal for general compliance with the specification. 4. Applicable Submittals are forwarded to Designer for formal review. Submittal status is logged. 5. Submittals sent to Designer are returned to ENGINEER. Submittal status is logged. 6. ENGINEER to perform engineering review of submittals consisting of working drawings and calculations furnished in accordance with 5-1.23 SUBMITTALS of the State Standard Specifications 2010. Such submittals shall be reviewed and approved by ENGINEER's Resident Engineer or Structures Representative in accordance the above sections, other applicable sections of the State Standard Specifications and the Caltrans Inspection Manuals for the associated work (ie. Falsework, Prestressing, Trenching and Shoring, etc.). 7. Approved submittals are returned to the Contractor for use in work. Submittal status is logged. 8. ENGINEER to inform Contractor if a re -submittal is required. Assumptions: 1. ENGINEER will not be responsible for errors or omissions in submittal lists. 2. Coordination and submission of submittals in accordance with requirements of the contract is the responsibility of the Contractor. Deliverables: 1. Submittal status log. 2. Check Calculations, where required. 3. Copy of all approval letters, approved working drawings, submittals and final submittal log. 4. Request for Information (RFI) Management. 3.14 Request for Information (RFI) Management and Review Purpose: To provide an efficient means of processing Requests for Information (RFIs) submitted by the Contractor. The efficient management of RFIs permits timely communication between the Designer and the Contractor. Approach: ENGINEER will receive, log and review all RFIs for completeness and verify the question is reasonable and understandable. ENGINEER will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents. ENGINEER will return the RFI if the question is unclear or, in the opinion of ENGINEER staff, the answer is contained in the contract documents, noting where the requested information can be found in the contract documents. ENGINEER will track RFIs, using the software similar to Expedition, and facilitate the timely response from the Designer. 25 Assumptions: The Designer will respond with an answer to all RFIs within the contract stipulated time period for response. Facsimile or e-mail will be used to forward RFIs to the Designer and return responses to the Contractor, with original documents to follow. Deliverables: 1. Comprehensive log of all outstanding RFIs and their status. 2. Prepare responses to RFI's related construction issues 3. Transmit design related RFI's to design engineer and copy CITY Project Manager. 4. Conduct meetings with the Contractor and other parties as needed to discuss and resolve RFI's. 3.15 Document Management Purpose: To provide the CITY with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project. Approach: ENGINEER will use software similar to Primavera Expedition and the ENGINEER File Index modified to conform to the Caltrans filing system to log all documents in the project field office. Documents will be scanned into the document control system and attached to the file index categories. All documents will be filed as an electronic file and hardcopy. Assumptions: 1. ENGINEER will use software similar to Expedition. 2. The CITY will be provided access to the project digital files at all times 24/7 3. The CITY will be provided access to the hardcopy project files during normal business hours. Deliverables: 1. Comprehensive logs of all documents in the project files (electronic and hardcopy). Electronic files shall not require special software to read or access. 2. All hardcopy project documents exchanged on the project between the various parties. 3. Establish and process project control documents to include: • Daily inspection and Resident Engineer's diaries • Weekly News Letter • Weekly Statement of Working Days • Monthly progress report and monthly progress pay estimate • RFI's, Submittals • Correspondences with Contractor, Caltrans, Permitting Agencies, Utility Companies, Regulatory Agencies, and other stake holders • Survey requests and survey notes • Materials receipts, materials testing results, and certificate of compliance • Mix designs for PCC, CTPB, AC, AB 26 3.16 Construction Change Order Assistance Purpose: To provide the CITY with assurance that the Contractor is not presenting requests to be paid for additional work included in the original contract. To assure the CITY that the associated extra work costs and time extension requests are fair and reasonable to both the CITY and the Contractor. Approach: ENGINEER will negotiate change orders on behalf of the CITY and will use the following approach in assisting & coordinating the process with the CITY: Requests for Changes by the CITY 1. ENGINEER will forward a Request for Quote (RFQ) to the Contractor for pricing and stipulation of proposed time extension, if requested work can be shown to impact the project's critical path. The RFQ shall contain a description of the extra work (normally provided by the Designer) to fairly price the work. 2. ENGINEER will prepare an independent cost estimate of the extra work. 3. ENGINEER will review the cost quote from the Contractor for completeness, negotiate cost and time extension requests as required and, obtaining CITY concurrence throughout the process. Obtain CITY authorization for proceeding with the change, based on definitive cost and time extension values. 4. Should ENGINEER and the Contractor be unable to negotiate a reasonable price, the CITY will be consulted prior to directing the work via alternative contract change options such as proceeding on a time and material basis or proceeding by force account. Requests for Changes by Contractor 1. ENGINEER will review requests of proposed cost and/or time impacts for merit. If ENGINEER determines the request fails on merit, the Contractor will be informed of the reasons why the request is denied. Should ENGINEER determine the request has merit; ENGINEER will proceed with steps 2 and 3. 2. ENGINEER will prepare an independent cost estimate and schedule analysis of the work. 3. ENGINEER will negotiate extra work cost and time extensions with the Contractor. 4. ENGINEER will prepare change order documents for approval and execution by the CITY. Assumptions: 1. ENGINEER will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction project. 2. The contract will require the Contractor to submit a project schedule fragnet to demonstrate critical path impact to the project's schedule in order to substantiate any/all Contractor requests for contract time extension. 3. Extra work costs successfully negotiated between ENGINEER and the Contractor will be submitted to the CITY for approval. Deliverables: 1. Perform quantity and cost analysis as required for negotiation of change orders. 2. Analyze additional compensation claims that are submitted during construction period and prepare responses. 27 3. Perform claims administration including coordinating and monitoring claim responses, logging claims and tracking claim status. 4. Change order documentation ready for approval and execution by the CITY. 3.17 Review Certified Payrolls Purpose: To verify the Contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State and Federal Law. To verify the certified payroll reports contain information required by the Labor Code. Approach: ENGINEER will receive and review certified payrolls from the Contractor and each of its subcontractors. ENGINEER will check for the "Statement of Compliance" from the Contractor and/or subcontractors, and spot-check wages for each classification of laborer or craftsperson. ENGINEER will notify the CITY and the Contractor of all discrepancies and/or errors and request a corrected Certified Payroll. Assumptions: 1. ENGINEER will conduct employee interviews, for the purpose of verifying payment of prevailing wages. ENGINEER will perform a minimum of one interview per trade, per contractor per month. 2. ENGINEER will not be held responsible for enforcement of the Labor Code. 3. ENGINEER will maintain a weekly list of subcontractors working on the project. 4. ENGINEER will not be responsible for identifying every worker on site. Deliverables: Hardcopies of the Contractor's certified payrolls maintained in the project files. 4 — Construction Inspection Services 4.1 Inspection and Documentation Purpose: To provide the CITY with documentation of construction activities, duration of activities, manpower and equipment allocation, inspections, and work conditions. Approach: ENGINEER will provide the CITY with knowledgeable people, familiar with construction activities to be performed on the project. ENGINEER will document the Contractors' daily activities, manpower loading, on-site equipment and items considered pertinent to the project. ENGINEER will coordinate and manage the utilization of its sub consultant inspectors, including special inspectors, for the purpose of providing daily inspections and/or special inspections as deemed necessary and beneficial for proper completion of the project. As required by Caltrans, the ENGINEER will provide a Registered Landscape Architect to inspect the Contractor's work related to landscape and irrigation. Assumptions: 1. ENGINEER shall provide inspectors who are experienced and qualified for the inspection required. 2. All inspections will be within the scope of the construction contract. 28 Deliverables: 1. Resident Engineer's daily reports, Inspector's daily reports, and/or special inspection reports maintained in the ENGINEER project files and turned over to the CITY at the completion of the project. Copies of these daily reports will be submitted to the CITY on weekly basis or upon request. 2. Take and maintain digital photographs and videos as necessary to provide documentation of construction activities. All photos will be logged, dated and kept at the field office in a bound folder (hard copies and digital copies). 3. Verify field measurements for compliance with contract plans and specifications and provide quantity calculations for progress payment. 4. Continue to update an As -Built set of plans and review contractor's marked set. 5. Conduct weekly project meetings, prepare and distribute to all designated parties. 6. Review the updated construction schedule and maintain record. 7. Establish and process job control documents including: • Daily inspection diaries • Weekly Resident Engineers News Letter • Monthly construction progress payment • Request for information • Survey requests • Materials receipts • Weigh master certificates • Materials submittals • Weekly statements of working days • Construction change orders • Review of certified payrolls 4.2 Special Inspection/Coordination — Gas Station Demolition Purpose: To provide the CITY with inspection of the Contractor's work in performing the Gas Station Demolition and coordination with jurisdiction agencies (e.g. County of Riverside Department of Environmental Health, Fire Department, Air Quality Management District, etc.) for proper execution of the work. Approach: ENGINEER will provide the CITY with knowledgeable people, certified and familiar with construction activities necessary to demolish, remove, and back fill the gas station. ENGINEER will review the Contractor's submittals for completeness, and approve or secure approval from outside agencies as necessary to execute the work. Assumptions: None. Deliverables: Copies of workplans, tests, reports, approvals, inspection reports, disposal records, and other documentation associated with the demolition, removal, and disposal of the gas station and its components. 29 4.3 Special Inspection/Coordination — Utility Relocations Purpose: To provide the CITY with inspection of the Contractor's work in performing utility relocations (RCWD Relocations, EMWD Relocations, and SCE Relocations), coordinating inspection/sign off by utility owners, and ensuring the Contractor coordinates and provides timely work windows for utility owners to perform their work. Approach: ENGINEER will provide the CITY with knowledgeable people, certified and familiar with construction activities necessary to relocate live water, sewer, and power lines in accordance with the requirements of the Rancho California Water District, Eastern Municipal Water District, and Southern California Edison Company. ENGINEER will coordinate and manage the utilization of its sub consultant inspectors, including special inspectors, for the purpose of providing daily inspections and/or special inspections as deemed necessary and beneficial for proper completion of the project. Assumptions: 1. ENGINEER shall provide inspectors who are experienced and qualified for the inspection required. 2. All inspections will be within the scope of the construction contract. Deliverables: Inspector's daily reports, and/or special inspection reports maintained in the ENGINEER project files and turned over to the CITY at the completion of the project. Copies of these daily reports will be submitted to the CITY on weekly basis or upon request. 4.4 Construction Materials Sampling and Testing Source Inspection — Quality Management Plan (SI-QMP) Quality Assurance Program (QAP) Purpose: To provide project site and laboratory testing of construction materials used in the project for the purpose of determining quality and acceptability of materials and workmanship incorporated into the project and in compliance with the contract documents. Approach: ENGINEER will provide full Construction Material Sampling and Testing, for the purpose of providing laboratory and field-testing of materials in accordance with test methods and frequencies specified in the contract documents, as required by the California Test Methods, Caltrans' Quality Assurance Manual, the CITY's Quality Assurance Program, and the project Source Inspection — Quality Management Plan. Assumptions: 1. ENGINEER shall provide all source inspection, material samplers/testers, and laboratory technicians who are experienced, qualified, and/or certified for the inspection/sampling/testing required. 2. ENGINEER will insure the implementation of the Source Inspection — Quality Management Plan (SI-QMP) and Quality Assurance Program (QAP) for source inspections, materials acceptance, and special inspections as required by the contract. 3. All material testing, materials acceptance and special inspections will be as required by the contract. 30 Deliverables: 1. Project -specific Source Inspection —Quality Management Plan (SI-QMP) approved by Caltrans. 2. Laboratory test reports maintained in the ENGINEER project files and turned over to the CITY at the completion of the project. 3. Summary sheet of all test reports submitted by others to substantiate compliance with contract documents. 4. Summary sheets of all Certificates of Compliance or source release tags furnished by the Contractor along with the applicable delivered materials at the job site. 5. Testing summary sheets. 6. Coordinate source inspections and special inspections as required by the contract documents, Quality Assurance Program, and Source Inspection —Quality Management Plan. 4.5 Construction Surveys and Staking Purpose: To provide construction surveys and establish/set "control stakes" or "grade stakes" for basic line and grade for project construction. Approach: ENGINEER will provide construction surveys and staking as would normally be provided by The Department (Caltrans) as described in Chapter 12 Construction Surveys of the Caltrans Surveys Manual. ENGINEER will manage and provide all survey staking services necessary for the construction of this project. Resident Engineer will review contractor's survey staking request for completeness and schedule survey staking in a timely manner. The construction survey and staking services shall conform to Chapter 12 Construction Surveys of the Caltrans Surveys Manual and the following requirements. Assumptions: None. Deliverables: 1. Maintain log of construction staking requests. 2. Maintain a construction -staking plan set in the field office for review, reference, and document any as -built changes. 3. Maintain files of all field notes for review and reference. 4. Staking as described in Chapter 12 Construction Surveys of the Caltrans Surveys Manual, unless otherwise specified in the contract documents. 4.6 Review and maintain "As Constructed Schedule" Purpose: To track contractor's progress during construction of the project. Approach: ENGINEER will use the daily inspection reports prepared by ENGINEER inspectors, the contractors' schedule, site observations, and other sources of information, to track and document the contractor's actual progress. The contractor's baseline critical path schedule or 31 most recent accepted update will be used as a basis for comparing planned versus actual progress. The CPM software described in Section 3 will be used to track the contractor's progress and build a schedule based on the contractor's activities. Assumptions: Monitoring will be on a continuous basis and the "as constructed" schedule will be updated monthly. Deliverables: An "As Constructed Schedule" with one electronic file (readable by software used by the CITY) and one hardcopy. 4.7 Maintain Photographic and Video Records of Construction Progress Purpose: To provide the CITY with a photographic record of the project, before, during and after construction. Approach: Using 35mm and/or digital photography, ENGINEER will record the Contractor's progress during construction. Care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Still photographs will be labeled with captions indicating subject matter, date taken, and any description required to further clarify the item/issue being photographed. Assumptions: All photographs will remain at the ENGINEER office until the end of the project. Deliverables: All photographic records. 4.8 Review and Maintain "As Built" Drawings Purpose: To provide the CITY with accurate record drawings for the project. Approach: ENGINEER will monitor the contractor's required record drawings on a monthly basis. In addition to monitoring the contractor's drawings, ENGINEER will maintain a copy of the contract plans for the project. ENGINEER will attempt to include items that are not normally shown on the contractor's set of record drawings. This information is not necessarily construction related, but is project related and may be important in future maintenance and/or construction projects. Assumptions: 1. The CITY will be responsible for making the changes to the drawings prepared by its Designer. 2. ENGINEER will assist the Designer in answering its questions regarding the record drawings, providing sketches or other clarifications. 3. Contract documents will require contractor to maintain redline as-built drawings. Deliverables: One set of marked up contract drawings. This set will be in addition to the contractor's marked up set of contract drawings. 32 4.9 Final Acceptance and Punch List Purpose: Identify and resolve elements of construction requiring correction to provide CITY with assurance that the work of the project has been completed in compliance with the contract documents and is ready for acceptance by the CITY and Caltrans. Approach: Upon receipt of the Contractor's request for final inspection, the ENGINEER will determine if the work is complete and ready for final inspection. If so, the ENGINEER will coordinate a walk- through including the ENGINEER, CITY, Caltrans, and the Contractor. The ENGINEER will generate a punch list of deficiencies and transmit to the Contractor for correction of the work. When the Contractor has notified the ENGINEER that the corrective work is complete, the ENGINEER will coordinate verification inspections and sign offs until the entire punch list has been completed and signed off. Assumptions: None. Deliverables: Completed and signed -off punch -list submitted to the CITY with the closeout documents (e.g. Joint Construction/Operations/Maintenance Project Reviews, ADA Compliance Certification, Contract Acceptance, etc.). 5 — Construction Closeout Activities 5.1 Contract Closeout Purpose: To provide the CITY with final closeout documentation, including any permit completion documentation. Approach: ENGINEER will turn over all project files, contract correspondence and documents including final logs at time of project completion. Assumptions: CITY will file final Notice of Completion and Acceptance of Work. Deliverables: 1. Notices of Completion for any Permits, including "duplicate" permits for project. 2. Documentation showing the Notice Of Termination (NOT) has been recorded. 3. Final project documentation in accordance with the requirements of the Caltrans local assistance manual and FHWA requirements. 5.2 Project As -Built Drawings Purpose: To provide the CITY with accurate record drawings indicating all changes and as -built conditions, as necessary for generating as -built plans per the Caltrans Encroachment Permit. 33 Approach: ENGINEER will monitor Contractor required record drawings on a monthly basis. In addition to monitoring the Contractor's drawings, ENGINEER will maintain a copy of up-to-date contract plans for the purpose of aiding the Designer in final review of the record drawings. Assumptions: 1. The Contractor will be responsible for preparing the record drawings in both reproducible and electronic formats. 2. ENGINEER will assist the Designer in review and final approval of the record drawings. Deliverables: One set of contract drawings indicating recorded changes to the contract, as maintained by ENGINEER. This set will be in addition to the Contractor's marked up set of contract drawings. Provide one copy of the revised Mylar drawings. The design consultant will prepare the record drawings for the project. 5.3 Final Project Report Purpose: To provide the CITY with a written history of the construction contract. The contents of the final report are to fulfill federal requirements for federal financial participation. Approach: ENGINEER will review the project documents and prepare a written report for the CITY. As a minimum, the report will include the following: 1. Names of all organizations involved with the Project, i.e., CITY managers, Caltrans, utility companies, contractor and any other parties that may have a significant part in the construction of the projects. 2. Chronological history of the construction effort, to include all significant dates. 3. Contract amounts at bid time with all other bids in tabular form. 4. Change order history, to include summary statement about each change, negotiated cost of each change and other information deemed necessary by ENGINEER and the CITY Project Manager. 5. Summary of Requests for Information, in tabular or matrix form. 6. Summary of outstanding claims not resolved when the notice of completion is filed. 7. Summary of final contract amount. 8. Final DBE Report. 9. Project photographs. 10. "Lessons learned" Assumptions: CITY will provide input to ENGINEER regarding the form of the final report and federal required documents to be included in the report. Deliverables: One hard copy and one electronic file will be provided. 34 5.4 Final Payment, Final Report of Expenditure Checklist Purpose: To provide the CITY with the final contract cost and final balance due the Contractor. Also prepare Report of Expenditure Checklist for federal reimbursement including all necessary attachments. Approach: Following completion of the contract work, ENGINEER will, in conjunction with the Designer, determine the final quantities and cost of all outstanding unit price work and all outstanding approved change order work. ENGINEER will prepare for the CITY and the Contractor, a final balancing change order quantifying the final contract amount. Contractor will include amount of final balancing change order in submission of last certified application for payment, submitted to ENGINEER. Once approved, ENGINEER will forward application for payment to the CITY for final approval and processing. Assumptions: 1. There are no outstanding issues or claims. 2. The CITY is responsible for filing Notice of Completion and addressing all subcontractor claims prior to release of final payment. The CITY will file the Report of Expenditure Checklist for federal reimbursement. Deliverables: 1. Final Pay Estimate including finalized bid items, claims, change orders, punch -list items, and corrected shop drawings. 2. Contractor's last certified application for payment with application certificate. 3. Report of Expenditure Checklist with attachments 4. Federal final report including all attachments. 6 — Field Office and Employee Equipment The ENGINEER will provide a construction trailer/office facility with sanitary facility, water supply, and air conditioning for the use of CM staff and provide venue for weekly construction progress meetings, coordination meetings with local agencies, utility companies, local businesses, residents and other stake holders. Supplies include furniture, phones, computers, fax machine, Internet services, copying/reproduction machine, file cabinets, and site safety equipment required for field staff to perform their work. 35 EXHIBIT B Payment Rates and Schedule 36 City ofTeniecula 1- 15/SP_-79 Sotith Interchange Project, sct, IFP No. 211, City Project No. -O -E HIBTT R - Payment. - i tJl~% and Seheduln Date: October 12, 2016 •FALCON P role et Schedole 2016 281 1 281 8 Nov 1 DOC Jan F.3b mor Apr 1 N13y1 Jun 1 Juryr !Aug! S9pt1 cict 110:N1 Dec 1 ,Jan 1 FOL. I marl AprI may June .Iiil Aug Spilt (r.t Nag 11..-. ,Ian Fph M.ar Apr May .lien ,liilp Aiip Si.pt 0r.t Nnr Fier. .Ian F.Ii tour Ayr May .liinp 10 f,alen riar ri yrq 10 ,11 ;11 'i[] 711 ,i[] :11 ;11 711 ;11 Al ;11 ;1[] :11 ;11 ,1[] ;11 :i[] ;11 ;11 711 ;11 :1[] Al ,1[] 176 Work day 20 20 21 20 20 20 21 20 23 20 22 22 20 20 21 20 20 20 22 20 22 20 22 22 184 F Iwar Lo1 rQ2 o f1LCCfV 7/TP 12 /28x6 176 120 80 80 80 80 1248 8 244,720.00 RoaclAaylnspector 4hrnad fagih, LIT 111 1 :Li I-111 Con_Etrr :fab. gadaMty Begat, & Pit-.6Phase 1 811 11;11 1 11 1 111 1 111[] 11111 1111] 11111 1'/[] 170 1'/I] 2160 9 '..,1-111.0:-1(; 11[] RoadvNayi BrI.:1w ins 'Actor Nlonammal Knolallan. PE $ 160.98 /-ldPcrtaJC, Aworcr, and 6&3rt r'iT-COnutr?r2ma (1-vii2u? - 124:1V281 6) 168 160 168 1 2 168 160 168 160 168 160 120 120 120 120 2{110 8 302.791.20 Office Engineer &labor Compliance :aid A_fanan, EIT $ 124.18 iiVcr, s (Jona-Rama 674 co ..21-t 63-f-23-1( - &3 V26116) 40 188 160 1 2 3 4 5 6 7 8 0 '10 11 '12 '13 14 '15 16 17 9 304,502.48 PC,j Cun1rudfiro & Pit thq E (Pf// 0 r3 I01120.9) a arGy McNabe 9 110.58 80 40 40 40 40 40 32 32 10 1 0 10 16 16 10 10 10 1 12 Engineering Services 360 AND Construction 250 Plant E sitablish merit Estimated Fees Description Name Date ,Jul1Aug ISepti Oct Nov 1 DOC Jan F.3b mor Apr 1 N13y1 Jun 1 Juryr !Aug! S9pt1 cict 110:N1 Dec 1 ,Jan 1 FOL. I marl AprI may June 1 Tote; Fars Tatar COSI Carut Rev F'rofront. uorl:tructian .:10 Pr.st Const & PE PrnjHrthAtan,argfr-Rrislrl.nt Fnpine.r=r JEEap.1 Farlih, PF $ 220.00 32 16 10 1 0 16 10 10 10 10 10 1 0 10 8 8 8 8 8 8 200 $ 03,300.00 Principals vlMt3nt HE Land Ir/pactar Juan Holm. NE 9 100.00 24 168 '160 184 166 '176 176 160 160 168 166 160 160 120 120 120 80 48 25.18 $ 54'1.'120.00 8Liuuluie, Ripi eiiiLaLu.- k�BNub uui.ultdiiL) Abuiuiaai Hu,aiii, PE $ 100.00 168 160 184 166 176 120 80 80 80 80 1248 8 244,720.00 RoaclAaylnspector 4hrnad fagih, LIT 111 1 :Li I-111 1 fill 1 811 11;11 1 11 1 111 11111 111[] 11111 1111] 11111 1'/[] 170 1'/I] 2160 9 '..,1-111.0:-1(; 11[] RoadvNayi BrI.:1w ins 'Actor Nlonammal Knolallan. PE $ 160.98 168 160 168 160 160 168 160 168 160 168 160 120 120 120 120 2{110 8 302.791.20 Office Engineer &labor Compliance :aid A_fanan, EIT $ 124.18 40 188 160 168 106 106 108 100 108 100 168 100 100 168 100 108 100 120 2930 9 304,502.48 Public Outreach tf'ublic Relations a arGy McNabe 9 110.58 80 40 40 40 40 40 32 32 10 1 0 10 16 16 10 10 10 10 552 9 00,008.10 Landocoping&Plant Eotabinnment unarm Lamb $ '140.48 24 24 24 40 60 60 206 )132 $ 64,575.36 /PPP Revino & IrrapeuLiuii D iuii C 11,1 u, 1:160, Tull $ 140.48 24 40 40 32 24 24 24 24 24 24 24 24 24 24 24 24 477 70,554.56 Cie ctrical6I n913 - D E 0I {sub conn uttant) Electrical Inspector !I; 1 41 11 f 411 110 80 f; I] 141 40 40 40 41] 40 40 4[] 411 411 GI] 1'?[1 1'20 1383 !I; 1 4 (,4 04 ticn , Inspection, oport- MN0Oub consultant) Utility 8 elocaC UV lily Cu ui d ii i:Lui UtiIlt lr>�pcctor ,114 .1;1 i[] VAR 9'2'20.000 [] [] rulAtpri.als TAM ng & Sr,irr., Insi.rtinn f�nmtpr,F, f:nnni'King OM urn i'Rani) En gincar Insp.,rl-nr if, Onir.i,an Lib Tuts $80-$ 150 8 180,000.00 Suryyy Slaking - PSC.14AS (oub uuiraullaill) PLS Field Ourveyor Crew $220-$270 VAR $ 186 006.00 Environmental Devices - AMC (sub consultant) engincer Ocientot Tec hn is is n '1111 []-91 (0 VAR 11 !111,[][][1 111] Public-IOe8Liuira-Ouh.auli - 21 oeii Cum C,Lita n41.11..0 PuLaliu Re, 8�Liuira 9150 VAR $ 30,006.00 00C- Field Office for (171'01 Corot. Durations& Close Out) 63trmatctor AIM 41-1.I/ 6J4 1; (37,[]HS HI] TOTALS: 1 14450 1 $ 3,016,147.001 Ccusl uikiurl Duration -1T Murrths' (360 WO) Plant Establislinslr1-12Months (250 WD) NOTES: �- Peniect raw -nate l )09e.1 of work perm rr rocr. 6r6/ he /1.9361 me a 8wari f d a -r reerrert, r -.-on. tru ctrco r. nrtrr}ct 61 ' EXHIBIT B. PAGE 1 OF 2 City of Temecula I-15ISR-79 South Interchange Project, RFP P No . 211, City Project To . 0 - EXHIBIT B - Payment Rates and Schedule FALCON 41, Engineering Services FIELD OFFICE COST ESTIMATE (DIRECT COST) (FALCON) Description Comments Estimated Monthly Dost Estimated LS Dost (initial) Estimated Total Cost Field Office (Monthly Rent) (20 -Months) $1,500.00 *30,000.00 Office Furniture (Used Furniture) Free - Provided by FALCON (Delivery Cost) $000.00 *600.00 Utilities (Electricity) $200.00 $4,000.00 Phone/Fax Internet Connection (DSL) $200.00 $500.00 $4,500.00 Office Desktops (Servers) (2 -ea) $2,000.00 $2,000.00 Network Betting/ onfigutration $1,500.00 $1,500.00 Copier (lease- 20 M) $300.00 $0,000.00 Office Supplies & Postage $0.00 $2,000.00 $2,000.00 Printer $500.00 *500.00 Office Cleaning/faint $200.00 $4,000.00 Paper, Toner & Misc Supplies $200.00 $4,000.00 Total $2,600.00 $7,100.00 $59,100.00 Assumed duration: 20 months 38 Direct Cost 5% Allowable Mark up Total $59,100.00 $2,955.00 $62,055.00 EXHIBIT 0, PAGE 2 OF (71'-‘ The Heart of :herrn California Wdn_e C+ uratr, Capital Improvement Program Fiscal Years 2017-21 INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstatel5 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). Acquisition was completed during Fiscal Year 2013-14. Construction is scheduled to start during Fiscal Year 2016-17. Department: Public Works - Account No. 210.165.662 PW04-08 Project Cost: Prior Years Actual Expenditures 1 FYE 2016 Carryover Budget 2016-17 Adopted 2017-18 Appropriation Projected Level: 2018-19 Projected 2019-20 Projected 2020-21 Projected and Future Total Project Years Cost w Administration $ 735,019 $ 120,513 $ 216,000 $ 192,356 $ 1,263,888 Acquisition $13,032,381 $ 186,760 $13,219,141 Construction $ 104,088 $14,080,764 $ 13, 859, 603 $28,044,455 Construction $ 1,600,000 $ 1,600,000 Engineering $10,270,949 $ 1,750,000 $ 1,875,000 $ 39,193 $ 3,625,000 Design $ 3,944,254 $ 148,261 $ 5,817,359 $ 4,092,515 MSHCP $ 4,452,000 $ 431,480 $ 431,480 Totals $17,815,742 $16,717,778 $ 15, 950, 603 $ 192,356 $ - $ - $ - $50,676,479 Source of Funds: Prior Years FYE 2016 Actual 1 Carryover Expenditures Budget 2016-17 Adopted Appropriation 2017-18 Projected 2018-19 Projected 2019-20 Projected 2020-21 Total Project Projected Cost CFD (Crowne Hill) $ 502,211 $ 502,211 Reimbursement/ Other (Morgan Hill) $ 1,190, 582 $ 1,190, 582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $10,270,949 $ 3,959,037 $ 216,000 $ 39,193 $14,485,179 STP (RCTs) (1) $ 7,158, 741 $ 5,817,359 $12,976,100 TUMF (RCTs/cETAP)121 $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region)131 $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (WRCOG)14) $ 9,917,244 $ 153,163 $10,070,407 Total Funding: $17,815,742 $16,717,778 $ 15, 950, 603 $ 192,356 $ - $ - $50,676,479 Future Operation & Maintenance Costs: 1 r- 2016-17 2017-18 2018-19 2019-20 2020-21 $ 150,000 $ 153,000 $ 156,060 (1) Surface Transportation Program(STP) per RCTC call for Projects as approved by the Commission on January 8, 2014($12,976,100.) (2) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000) (3) TUMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400,000;$1,400,000 ROW;$4,000,000 CON). (4)TUMF WRCOG 2014 Southwest Zone 5 -Year Transportation Improvement Program (TIP) adopted on January 6, 2014 ($10,157,154). Fiscal Years 2017-21 Capital Improvement Program 49 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2012 Feet 0 262.5 525 1,050 48 Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: November 15, 2016 SUBJECT: Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for Interstate 15/ State Route 79 South Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Arlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council approve the Plans and Specifications, and authorize the Department of Public Works to solicit Construction Bids for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 (Project). BACKGROUND: The Interstate 15 State Route 79 South (Temecula Parkway) interchange is one of Temecula's three direct access points to and from the freeway system. The interchange's current configuration was constructed in 1998. Since that time, local and regional growth has brought about increases in traffic volumes that are riot sufficiently controlled by the interchange's tight -diamond geometry. This is evident by the consistent queue of vehicles extending from the southbound off -ramp to the interstate 15 mainline and the regular traffic gridlock on Temecula Parkway through the interchange area The Project has been designed to alleviate congestion at the interchange. The final roadway layout is depicted in the attached Exhibit "A." Project improvements will include: 1. Realignment of the Interstate 15 southbound ramps: The existing southbound entrance and exit ramps will be demolished and replaced with a new far side (south of Temecula Parkway) exit loop ramp which is paired with a new entrance ramp, both of which will tie into Temecula Parkway at the existing intersection with Front Street. The new exit ramp will be constructed as a two-lane exit, including an advanced auxiliary lane on Interstate 15 and a new bridge carrying it over Temecula Parkway. The entrance ramp will include ramp meters for Caltrans use. 2. Widening of the Interstate 15 northbound ramps: The entrance and exit ramps will be widened at the intersection with Temecula Parkway for additional capacity. The entrance ramp will include ramp meters for Caltrans use. 3. Widening of State Route 79 South (Temecula Parkway): Temecula Parkway will be widened through the interchange area. Between the reconfigured ramps intersections, Temecula Parkway will accommodate three through lanes and two left turn lanes in each direction of travel. 4. Updating and/or restore facilities impacted by the new configuration: Safety devices, such as guard railing and crash cushions, will be upgraded to current standards. Paved pullouts for maintenance vehicles and highway patrol will be installed. Utilities and drainage facilities will be relocated and reconfigured. Traffic signals and lighting will be revised. Sidewalks and pedestrian ramps will be constructed in accordance with the latest ADA standards. New landscaping and irrigation will complete the interchange. One additive bid will be included in the bid documents to upgrade the materials and installation of relocated water lines for added protection against corrosion. The Project plans and specifications are complete and available for review in the office of the Director of Public Works. The total project cost, which is the combined value of all previous expenditures and the estimated cost to complete, is approximately $50.6 million. Previous expenditures include right of way acquisition, design and environmental, and project administration. The Engineer's Estimate for construction is $25,600,000 for the Base Bid, and $385,000 for the Additive Bids, for a total of $25,985,000. Supplemental items and agency furnished materials are estimated to be $1,300,000. The Project is on the State Highway System (SHS) and is programmed to receive partial reimbursement from federal fund sources. Accordingly, the State of California, Department of Transportation (Caltrans) has provided full oversight throughout the development process as prescribed in the Stewardship and Oversight Agreement between Caltrans and the Federal Highway Administration (FHWA). Construction contracts for projects on the SHS are typically administered by Caltrans. Caltrans has authorized the City to perform the construction contract Advertisement, Award, and Administration (AAA) activities for this project. FISCAL IMPACT: The Interstate 15 / State Route 79 South Ultimate Interchange project is included in the City's Capital Improvement Program, Fiscal Year 2017-21. The sources of funds for construction include the Safe, Accountable, Flexible, Efficient, Transportation Equity Act — Legacy for Users (SAFETEA-LU), Surface Transportation Program (STP), Senate Bill 621, Transportation Uniform Mitigation Fee (TUMF) pursuant to RCTC Agreement No. 06-72-506, and TUMF pursuant to WRCOG 2014 Southwest Zone 5 -year Transportation Improvement Program adopted January 6, 2014. The actual costs of the Additive Bids, if included in the contract award, will be reimbursed by the Rancho California Water District and/or Eastern Municipal Water District pursuant to respective Utility Agreements with the City. Sufficient funds are available in the project budget. ATTACHMENTS: 1. Exhibit A 2. Project Description 3. Project Location PWO4-08 — Interstate 15 / State Route 79 South Ultimate Interchange - Proposed Improvements Approval of Plans and Specifications, and Authorize the Solicitation of Construction Bids November 15, 2016 EXHIBIT "A" ilY a Y '7"--4"-i-'''' v!� .`- e • i air � 'H! i y .. Fps Fa i a ' f - 0 1 ) ilia 'I S 6, �. � �' -- EYq�.. el • a .,qii� i��F ice. ' 1 „1, � j;. � (71'-‘ The Heart of :herrn California Wdn_e C+ uratr, Capital Improvement Program Fiscal Years 2017-21 INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstatel5 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). Acquisition was completed during Fiscal Year 2013-14. Construction is scheduled to start during Fiscal Year 2016-17. Department: Public Works - Account No. 210.165.662 PW04-08 Project Cost: Prior Years Actual Expenditures 1 FYE 2016 Carryover Budget 2016-17 Adopted 2017-18 Appropriation Projected Level: 2018-19 Projected 2019-20 Projected 2020-21 Projected and Future Total Project Years Cost w Administration $ 735,019 $ 120,513 $ 216,000 $ 192,356 $ 1,263,888 Acquisition $13,032,381 $ 186,760 $13,219,141 Construction $ 104,088 $14,080,764 $ 13, 859, 603 $28,044,455 Construction $ 1,600,000 $ 1,600,000 Engineering $10,270,949 $ 1,750,000 $ 1,875,000 $ 39,193 $ 3,625,000 Design $ 3,944,254 $ 148,261 $ 5,817,359 $ 4,092,515 MSHCP $ 4,452,000 $ 431,480 $ 431,480 Totals $17,815,742 $16,717,778 $ 15, 950, 603 $ 192,356 $ - $ - $ - $50,676,479 Source of Funds: Prior Years FYE 2016 Actual 1 Carryover Expenditures Budget 2016-17 Adopted Appropriation 2017-18 Projected 2018-19 Projected 2019-20 Projected 2020-21 Total Project Projected Cost CFD (Crowne Hill) $ 502,211 $ 502,211 Reimbursement/ Other (Morgan Hill) $ 1,190, 582 $ 1,190, 582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $10,270,949 $ 3,959,037 $ 216,000 $ 39,193 $14,485,179 STP (RCTs) (1) $ 7,158, 741 $ 5,817,359 $12,976,100 TUMF (RCTs/cETAP)121 $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region)131 $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (WRCOG)14) $ 9,917,244 $ 153,163 $10,070,407 Total Funding: $17,815,742 $16,717,778 $ 15, 950, 603 $ 192,356 $ - $ - $50,676,479 Future Operation & Maintenance Costs: 1 r- 2016-17 2017-18 2018-19 2019-20 2020-21 $ 150,000 $ 153,000 $ 156,060 (1) Surface Transportation Program(STP) per RCTC call for Projects as approved by the Commission on January 8, 2014($12,976,100.) (2) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000) (3) TUMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400,000;$1,400,000 ROW;$4,000,000 CON). (4)TUMF WRCOG 2014 Southwest Zone 5 -Year Transportation Improvement Program (TIP) adopted on January 6, 2014 ($10,157,154). Fiscal Years 2017-21 Capital Improvement Program 49 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2012 Feet 0 262.5 525 1,050 48 Item No. 12 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia DATE: November 15, 2016 SUBJECT: Approve the Agreement for Consultant Services with Michael Baker International, Inc. for the Interstate 15 State Route 79 South Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council approve the Agreement for Consultant Services with Michael Baker International, Inc., in an amount not to exceed $250,000, to provide engineering support during construction of the Interstate 15 State Route 79 South Ultimate Interchange, PW04-08 (Project). BACKGROUND: The construction contract for the subject Project will be advertised for bids in the coming months. For large, complex projects it is prudent to retain the designer through the bidding, construction, and close out phases to address requests for information, review submittals, analyze changes, provide details on design intent, assist in review/preparation of contract change orders, prepare as -built plans, and establish final monumentation. As the engineer of record, it is appropriate that Michael Baker International, Inc. (MB!) serve in this capacity. In addition to designing and preparing the project construction plans and specifications, MBI was the lead consultant in preparing the preliminary engineering and environmental documents for the project. MBI retains unparalleled knowledge of alternatives considered throughout the project development process. The subject agreement secures the engineering support services of MBI on a time and materials basis from construction bidding through project close out. The terms, scope, and fee of the attached agreement reflect professional negotiations conducted between city staff and MBI. FISCAL IMPACT: The Interstate 15 State Route 79 South Ultimate Interchange is included in the City's Capital Improvement Program, Fiscal Years 2017-21. The sources of funds for construction engineering include Senate Bill 621 and Transportation Uniform Mitigation Fee (TUMF) pursuant to WRCOG 2014 Southwest Zone 5 -year Transportation Improvement Program adopted January 6, 2014. There are sufficient funds available within project account 210-165-662-5805 to cover the cost of the agreement, $250,000. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MICHAEL BAKER INTERNATIONAL, INC. INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE, PW04-08 THIS AGREEMENT is made and effective as of November 15, 2016, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Michael Baker International, Inc., a Pennsylvania corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 15, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub - consultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any sub -consultants must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and sub - consultants will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks. html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 16. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Michael Baker International, Inc. Attn: Steven B. Burick, Vice President 14725 Alton Parkway Irvine, CA 92618 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 22. MEANS AND METHODS Consultant shall not be responsible for construction means, methods, techniques, sequences, or procedures of construction contractors, or the safety precautions and programs incident thereto, and shall not be responsible for such construction contractor's failure to perform work in accordance with the contract documents. City expressly agrees that Consultant even when providing on-site project representation or reviewing construction as part of the Agreement, is not responsible for and does not guarantee, the performance by the City or any third -party contractor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, CITY OF TEMECULA MICHAEL BAKER INTERNATIONAL, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael 5. Naggar, Mayor Michael A. Tylman, Assistant Secretary ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Steven B. Burick, Vice President Peter M. Thorson, City Attorney CONSULTANT Michael Baker International, Inc. Attn: Steven B. Burick, Vice President 14725 Alton Parkway Irvine, CA 92618-2027 949.855.5733 BURICKernbakerinthcom PM Initials: Date: EXHIBIT A SCOPE OF WORK ENGINEERING & CONSTRUCTION SUPPORT SERVICES GENERAL Michael Baker International, Inc. (MBI) is the engineer of record for the Interstate 15 / State Route 79 South Ultimate Interchange project (Caltrans EA 08-432304, PN0800000668). The City of Temecula (City) will act as the contract administrator with overall responsibility for all coordination with the contractor, construction management consultant, and Caltrans. This scope of work outlines the individual tasks required for MBI to provide the following services as requested by the City: • Engineering and Construction Support Services for the duration of bidding, construction, and closeout. • Preparation of as -built plans post construction. • Right of Way Engineering services pre & post construction. The listed activities will be performed on a time and materials basis at the direction of the City or its delegate. A narrative of each of the activities performed will be included in the monthly invoices. The proposal assumes a bidding duration of (3) months, construction duration of (18) months, plant establishment duration of (12) months, and closeout duration of (3) months. It is expected that Earth Mechanics, Inc. (subconsultant) will be engaged during the construction activities to provide geotechnical engineering services. The following activities will be performed as called upon by the City or its delegate: TASK 1 — PRE -CONSTRUCTION SUPPORT • Assist in addressing Requests for Information (RFIs) and preparation of addenda. • Assist in bid review and analysis. • Participate in pre-bid and pre -construction meetings. TASK 2 — CONSTRUCTION SUPPORT • Participate in progress/field meetings. • Address technical questions related to the plans, specifications, and design intent. • Review submittals including shop drawings, schedules, materials, mix designs, etc. • Address Requests for Information (RFIs). • Assist in reviewing/preparing Contract Change Orders (CCOs) including engineering analysis. TASK 3 — POST -CONSTRUCTION SUPPORT • Prepare as -built plans at the conclusion of construction activities per Caltrans guidelines. Incorporate redline revisions as prepared by the Project Resident Engineer on the record set of drawings. The finalized electronic as -built record drawings will be prepared in MicroStation format with a PDF version of the plan set included on a compact disc. TASK 4 — CONSTRUCTION PHASE RIGHT OF WAY ENGINEERING • Monument Preservation: MBI shall research the records and compile a plan showing the monumentation (including, but not limited to, centerline, right-of-way and section corners) that may be vulnerable to disturbance, destruction, or covering by material as a result of construction, reconstruction or maintenance. Prior to construction, MBI shall field locate each monument and set and measure sufficient reference tie accessory points to each monument, as required under Section 8771 of the Professional Land Surveyor Act, and file a preliminary Corner Record document with the County Surveyors Office, also required under Section 8773.3 of said Land Surveyors Act. After completion of construction, reconstruction or maintenance, MBI shall replace any disturbed or destroyed monuments as required under said Section 8773.3, and submit a final Corner Record to the County Surveyors Office for filing as a public record, said final Corner Record document showing the monument(s) destroyed, tied out and replaced. The number of vulnerable monuments as a result of this project is not currently known and will need to be determined by research as a portion of the work involved in this task. For budget purposes only, we have provided for the rehabilitation of 8 monuments. City shall pay any agency filing fees. • Post -Construction Record of Survey (Optional): As an optional item, after construction, MBI shall prepare a record of survey showing the monuments set in the Monument Preservation task above, and showing the additional right of way acquired for the project. MBI will update RSB 137/16-18 to show the new monuments set in task A-1 above, and any new monuments set to show the new right of ways. For budget purposes only, we have provided for an additional 8 monuments to be set on the right of way. SCOPE EXCLUSIONS & ASSUMPTIONS • Coordination with utility owners regarding relocation of their facilities is not included. • The City, or its construction management consultant, will provide contract administration and construction inspection services. • The City will continue to fulfill the role of the project manager for the duration of construction and will coordinate interactions between MBI and the construction management consultant. EXHIBIT B FEE SUMMARY ENGINEERING & CONSTRUCTION SUPPORT SERVICES GENERAL The activities described in the Scope of Work for Engineering and Construction Support Services will be performed on a time and materials basis at the direction of the City or its delegate. It is understood that the actual work effort is not known and will be a function of the extent of inquiries, changes, and clarifications that arise as a result of the construction of the project. Actual cost shall not exceed the Total Fee without prior authorization from the City. Total Fee for Engineering and Construction Support Services $250,000 12 MICHAEL BAKER INTERNATIONAL, INC. HOURLY RATE SCHEDULE Effective January 2016 through December 2016 OFFICE PERSONNEL $/ Hour Senior Principal $285.00 Principal 260.00 Project Director 245.00 Program Manager 235.00 Senior Project Manager 225.00 Project Manager 208.00 Structural Engineer 205.00 Technical Manager 195.00 Senior Engineer 178.00 Senior Planner 175.00 Electrical Engineer 170.00 Biologist 168.00 Landscape Architect 164.00 Senior GIS Analyst 156.00 Project Engineer 155.00 Project Planner 155.00 Environmental Specialist 152.00 Design Engineer/Senior Designer/Survey Analyst 150.00 GIS Analyst 135.00 Designer/Planner 130.00 Project Coordinator 125.00 Graphic Artist 110.00 Environmental Analyst/Staff Planner 112.00 Design Technician 112.00 Assistant Engineer/Planner 104.00 Permit Processor 93.00 Engineering Aid/Planning Aid 84.00 Office Support/ Clerical 70.00 SURVEY PERSONNEL 2 -Person Survey Crew $265.00 1 -Person Survey Crew 170.00 Licensed Surveyor 188.00 Field Supervisor 178.00 CONSTRUCTION MANAGEMENT PERSONNEL Principal Construction Manager $235.00 Construction Manager 215.00 Contract Manager 180.00 Resident Engineer 180.00 Construction Inspector (Prevailing Wage) 175.00 Construction Inspector (Non -Prevailing Wage) 145.00 Field Office Engineer 120.00 Construction Technician 97.00 Contract Support 80.00 Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub -consultant Management Fee of fifteen -percent (15%) will be added to the direct cost of all sub -consultant services to provide for the cost of administration, sub -consultant consultation and insurance. 13 Earth Mechanics Inc. Geotechnical & Earthquake Engineering 2016 PROFESSIONAL FEE SCHEDULE Professionals Hourly Cost Principal & Senior Consultant $ 240.00 Principal Engineer/Geologist 190.00 Senior Engineer/Geologist 165.00 Senior Project Engineer/Geologist. 145_00 Project Engineer/Geologist 130,00 Senior Staff Engineer/Geologist 105_00 Staff Engineer/Geologist 95 00 Support Staff (per hour) Senior Technicians 105_00 Technicians 90.00 Project Administrators 110.00 Clerical 70.00 Travel time will be billed at hourly rate above. 8 -hour maximum charge per day for travel_ Overtime for support staff will be charged at 1.5 times the above rates. Overtime is the excess above 8 hours for Monday through Friday, and Saturdays, Sundays, and national holidays. Reimbursable Expenses Auto mileage is $0.56 per mile. Other travel -related expenses, shipping, reproduction, express mails, supplies and other reimbursable expenses will be invoiced at cost plus 10 percent. Subcontractors Consultants and other outside services will be invoiced at cost plus 10 percent. Invoicing invoices are payable on receipt, unless otherwise agreed upon. On any amount not paid within 30 days, interest of 1-1/2 percent per month will be applied to the unpaid amount. Any legal fees and related costs incurred in collecting any delinquent amount shall be paid by the Client. Insurance Earth Mechanics, Inc. carries a full spectrum of insurance Comprehensive General Liability, Professional Liability, and WorkersCompensation, each with a policy limit and coverage acceptable to most clients. The cost for this insurance is covered by the fees listed in this schedule. Costs associated with increases in policy limits, adding other insured parties and waivers of subrogation, if required by Client, are charged at cost plus 10 percent. 17800 Newhope Street, Suite B, Fountain valley., California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928 14 (71'-‘ The Heart of :herrn California Wdn_e C+ uratr, Capital Improvement Program Fiscal Years 2017-21 INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstatel5 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). Acquisition was completed during Fiscal Year 2013-14. Construction is scheduled to start during Fiscal Year 2016-17. Department: Public Works - Account No. 210.165.662 PW04-08 Project Cost: Prior Years Actual Expenditures 1 FYE 2016 Carryover Budget 2016-17 Adopted 2017-18 Appropriation Projected Level: 2018-19 Projected 2019-20 Projected 2020-21 Projected and Future Total Project Years Cost w Administration $ 735,019 $ 120,513 $ 216,000 $ 192,356 $ 1,263,888 Acquisition $13,032,381 $ 186,760 $13,219,141 Construction $ 104,088 $14,080,764 $ 13, 859, 603 $28,044,455 Construction $ 1,600,000 $ 1,600,000 Engineering $10,270,949 $ 1,750,000 $ 1,875,000 $ 39,193 $ 3,625,000 Design $ 3,944,254 $ 148,261 $ 5,817,359 $ 4,092,515 MSHCP $ 4,452,000 $ 431,480 $ 431,480 Totals $17,815,742 $16,717,778 $ 15, 950, 603 $ 192,356 $ - $ - $ - $50,676,479 Source of Funds: Prior Years FYE 2016 Actual 1 Carryover Expenditures Budget 2016-17 Adopted Appropriation 2017-18 Projected 2018-19 Projected 2019-20 Projected 2020-21 Total Project Projected Cost CFD (Crowne Hill) $ 502,211 $ 502,211 Reimbursement/ Other (Morgan Hill) $ 1,190, 582 $ 1,190, 582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $10,270,949 $ 3,959,037 $ 216,000 $ 39,193 $14,485,179 STP (RCTs) (1) $ 7,158, 741 $ 5,817,359 $12,976,100 TUMF (RCTs/cETAP)121 $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region)131 $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (WRCOG)14) $ 9,917,244 $ 153,163 $10,070,407 Total Funding: $17,815,742 $16,717,778 $ 15, 950, 603 $ 192,356 $ - $ - $50,676,479 Future Operation & Maintenance Costs: 1 r- 2016-17 2017-18 2018-19 2019-20 2020-21 $ 150,000 $ 153,000 $ 156,060 (1) Surface Transportation Program(STP) per RCTC call for Projects as approved by the Commission on January 8, 2014($12,976,100.) (2) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000) (3) TUMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400,000;$1,400,000 ROW;$4,000,000 CON). (4)TUMF WRCOG 2014 Southwest Zone 5 -Year Transportation Improvement Program (TIP) adopted on January 6, 2014 ($10,157,154). Fiscal Years 2017-21 Capital Improvement Program 49 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2012 Feet 0 262.5 525 1,050 48 Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tom Garcia, Director of Public Works/City Engineer DATE: November 15, 2016 SUBJECT: Approve Substantially As to Form the Reimbursement Agreement Between the City of Temecula and Western Riverside Council of Governments (WRCOG) for Construction Costs for the SR -79/1-15 South Overcrossing & interchange, PW04-08 PREPARED BY: Julie Tarrant, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. Approve substantially as to form the Reimbursement Agreement between the City of Temecula and WRCOG, in the amount of $10,025,244, for Construction Costs for the SR -79/I-15 South Overcrossing & Interchange, PW04-08; 2. Authorize the City Manager to execute the Agreement. BACKGROUND: The SR -79/I-15 South Overcrossing & Interchange project is a regionally significant project and is identified as a Transportation Uniform Mitigation Fee (TUMF) Network Project, is part of the National Highway System and is included in the Regional Transportation Plan (RTP) and Federal Transportation Improvement Program (FTIP). The project is needed to accommodate traffic generated by current and future development relative to the City of Temecula's General Plan and regional traffic increases. The Project Study Report (PSR) traffic analysis for forecast traffic conditions concluded that without interchange improvements, the existing Interstate 15 interchange woad operate at Level of Service (LOS) F, by year 2030. It was also determined that ramp queues will continue to exceed the available southbound exit ramp storage and back up on the Interstate 15 mainline facility. The development and ultimate construction of the interchange improvements was required by the Department of Transportation as a condition of approval for construction of the Western Bypass Corridor, which is also a part of the TUMF Network. The improvements to the existing SR -79/I-15 South Interchange include the construction of a new southbound exit loop ramp to provide a two-lane exit with 1,300 feet of auxiliary lane preceding the exit and a new bridge structure which will be constructed over SR -79 South to accommodate the new southbound exit ramp configuration. Additional improvements will include a new southbound entrance ramp, widened northbound exit and entrance ramps, and improvements to SR -79 South to include widening, paving and restriping to accommodate three through lanes and two left turn lanes in each direction of travel. The original agreement is scheduled to be approved by WRCOG's Executive Committee at their regular meeting of November 7, 2016. We are requesting City Council approve substantially as to form the Reimbursement Agreement for TUMF Program Funds, up to $10,025,244, for the SR -79/I-15 South Overcrossing & Interchange project for the construction phase of work, including construction, construction management, field inspection and material testing. FISCAL IMPACT: Upon approval and execution of the final agreement, the City may submit invoices to WRCOG for the reimbursement of TUMF Program Funds up to the $10,025,244 for the construction of the SR -79/I-15 South Overcrossing & Interchange project. There are no local funding match requirements. ATTACHMENT: Agreement to Reimburse TUMF Funds 13 -SW -TEM -1163 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS SR -79/I-15 South Overcrossing & Interchange — Construction Phase THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of , 20 , by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and City of Temecula, a California municipal corporation ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program"). B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance ("Qualifying Projects" or "Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study titled "TUMF Nexus Study", as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for SR -79/I-15 South Overcrossing & Interchange, (the "Project"), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows: 4) CON —Construction 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Ten Million, Twenty Five Thousand, Two Hundred and Forty Four Dollars ($10,025,244), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Page 1 of 24 13 -SW -TEM -1163 Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A" ("Scope of Work"): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project. 4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit "A". 5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG' s decision as to the eligibility of one or more invoices to WRCOG' s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director's Page 2 of 24 13 -SW -TEM -1163 decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B", attached hereto and incorporated herein by reference. (c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG' s Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY's Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AGENCY's Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project. Page 3 of 24 13 -SW -TEM -1163 10. AGENCY's Local Match Contribution. AGENCY local match funding is not required, as shown in Exhibit "A" and as called out in the AGENCY's Project Nomination Form submitted to WRCOG in response to its Call for Projects. 11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 12. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG' s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Aaron Adams, City Manager, or his or her designee, as the AGENCY' s representative to WRCOG. The AGENCY' s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY' s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 14. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 15. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the Page 4 of 24 13 -SW -TEM -1163 AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 18.Indemnification. (a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. Page 5 of 24 13 -SW -TEM -1163 (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY' s negligent performance of this Agreement or supervision of any services provided to complete the Project. 19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: (i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. Page 6 of 24 13 -SW -TEM -1163 20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 22. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit. 24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 26. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. Page 7 of 24 13 -SW -TEM -1163 27. Time of Essence. Time is of the essence for each and every provision of this Agreement. 28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: If to WRCOG: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Mr. Aaron Adams, City Manager Telephone: (951) 694-6419 Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Christopher Gray, Director of Transportation Telephone: (951) 955-8304 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. Page 8 of 24 13 -SW -TEM -1163 33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES. 34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 24 13 -SW -TEM -1163 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Executive Director Aaron Adams City Manager Approved to Form: ATTEST: By: Date: By: Date: Steven C. DeBaun Randi Johl, City Clerk General Counsel Approved to Form: By: Date: Peter M. Thorson City Attorney Page 10 of 24 13 -SW -TEM -1163 EXHIBIT "A" SCOPE OF WORK SCOPE OF WORK: Project improvements include removal of the southbound ramps and construction of a new two-lane southbound exit loop ramp with 1,300 feet of auxiliary lane preceding the exit and a new bridge structure over SR79 South. The loop exit ramp will be paired with a new, direct on-ramp to form a Type 8 cloverleaf in the southwest quadrant. Additional improvements include widened northbound exit and entrance ramps and improvements to SR79 South including widening and restriping to provide three through lanes and two left turn lanes in each direction of travel. GONEFULT1NO 4.1 +.1.541..F51140. 1411-2a, hY * Ear I 1—•i, ,— :9 k''a.!`:a — PROPOSED IMPR VE 1 EI TS The Scope of Work and TUMF funding under the terms of this Agreement for Construction, includes the following; • Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items for Construction, as identified in Section 3 of this agreement; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract Exhibit A Page 11 of 24 13 -SW -TEM -1163 approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project. • Construction: Advertise, award, and administer the construction contract. Coordinate utility relocations. Perform Construction Management, Quality Assurance, and Quality Control. Exhibit A Page 12 of 24 13 -SW -TEM -1163 EXHIBIT "A-1" ESTIMATE OF COST Phase TUMF TOTAL PA&ED1 $323,6201 PS&E1 $4,092,5151 RIGHT OF WAY1 $13,219,1411 CONSTRUCTION $10,025,244 $33,041,2032 TOTAL $10,025,244 $50,676,4791 1 Funding for PA&ED, PS&E, and Right of Way phases are not covered by this Agreement, and this Agreement only pertains to the Construction phase. 2 TUMF Funding for the Construction phase is limited to the amount shown in the TUMF column, and any additional funds needed for the total Construction phase cost that are not covered by those TUMF funds will need to be provided from non-TUMF sources. Exhibit A — 1 Page 13 of 24 EXHIBIT "A-2" PROJECT SCHEDULE TIMETABLE: 13 -SW -TEM -1163 Phase Estimated Completion Date Estimated Cost Comments PA&ED1 Jun 2009 $323,620 PS&E1 Oct 2016 $4,092,515 RIGHT OF WAY1 Oct 2016 $13,219,141 CONSTRUCTION Dec 2019 $33,041,2032 TOTAL $50,676,479 1 PA&ED, PS&E, and Right of Way phases are not covered by this Agreement, and this Agreement only pertains to the Construction phase. 2 Funding provided from TUMF funds for the Construction Phase of the Project is described in Exhibit "A-1", above, and any additional funds for the Construction phase will be provided from non-TUMF sources. Exhibit A — 2 Page 14 of 24 13 -SW -TEM -1163 Elements of Compensation EXHIBIT "B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit "B-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-2". 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "B-4" and "B-5". All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-3". 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "B" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: Exhibit B Page 15 of 24 13 -SW -TEM -1163 "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. Exhibit B Page 16 of 24 13 -SW -TEM -1163 EXHIBIT "B-1" [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without written approval of Agency's City Manager [or applicable position] ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs Exhibit B-1 Page 17 of 24 13 -SW -TEM -1163 The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is $ 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [ insert charges J Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. Exhibit B-1 Page 18 of 24 13 -SW -TEM -1163 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [ sample_) Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. 3. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. Exhibit B-1 Page 19 of 24 13 -SW -TEM -1163 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. Exhibit B-1 Page 20 of 24 13 -SW -TEM -1163 EXHIBIT B-2 Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: cc: Name Title Exhibit B-2 Page 21 of 24 EXHIBIT B-3 Sample Letter from Contractor to AGENCY Month/Date/Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director Attn: Accounts Payable Invoice # 13 -SW -TEM -1163 For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX -XX -XXX effective Month/Date/Year Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Base Contract Amount: Authorized Extra Work (if Applicable) $000,000.00 $000,000.00 TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: Total Previously Billed: Balance Remaining: $000,000.00 $000,000.00 $000,000.00 Amount Due this Invoice: $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title Exhibit B-3 Page 22 of 24 13 -SW -TEM -1163 EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B-4 Page 23 of 24 13 -SW -TEM -1163 EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 — 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems None C. Work Planned Next Period Corrective Action None TASK 01 — 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit B-5 Page 24 of 24 Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tom Garcia, Director of Public Works/City Engineer DATE: November 15, 2016 SUBJECT: Approve the Reimbursement Agreement Between the City of Temecula and Western Riverside Council of Governments (WRCOG) for Right of Way (ROW) Acquisition Costs for the SR -79 Winchester Road/1-15 Interchange, as Part of the French Valley Parkway Interchange, PW16-01 PREPARED BY: Julie Tarrant, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Reimbursement Agreement between the City of Temecula and WRCOG, in the amount of $1,925,000, for ROW Acquisition Costs for the SR -79 Winchester Road/I-15 Interchange, as part of the French Valley Parkway Interchange, PW16-01; 2. Authorize the City Manager to execute the Agreement. BACKGROUND: Winchester Road (SR -79) is a major arterial through western Riverside County that connects the cities of Temecula and Murrieta to Hemet and San Jacinto to the north and serves a large volume of commuter and regional traffic between SR -79 and Interstate 15. The SR -79 Winchester Road/I-15 Interchange Improvement project will provide for the realignment and reconstruction of existing on and off -ramp at Winchester Road in both directions to accommodate the construction of auxiliary lanes and braiding of existing and proposed on and off -ramps associated with the French Valley Parkway Interchange project. The proposed projects are designed to greatly improve freeway operations; reduce congestion and improve motorist safety between Winchester Road and the 1-15/1-215 Junction. We are requesting City Council approve the Reimbursement Agreement for TUMF Program Funds up to $1,925,000, for the SR -79 Winchester Road/I-15 Interchange Project, as part of the French Valley Parkway Interchange, PW16-01. The Agreement is for the right-of-way phase of work to include, develop existing property lines from recorded maps and field surveying, determine project right of way requirements for acquisitions, easements, temporary construction easements, title reports, perform appraisals, and negotiate settlement, perform relocation assistance including research for comparable properties and engineering for individual site revision plans and construction. FISCAL IMPACT: Upon approval and execution of the agreement, the City may submit invoices to WRCOG for the reimbursement of TUMF Program Funds up to $1,925,000 for the SR-79 Winchester Road/I-15 Interchange Project. There are no local funding match requirements. ATTACHMENT: Agreement to Reimburse TUMF Funds 05 -SW -TEM -1064 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS SR -79 Winchester Road/I-15 Interchange — Right -of -Way Phase (ROW) THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of , 20 , by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and City of Temecula, a California municipal corporation ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program"). B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance ("Qualifying Projects" or "Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study titled "TUMF Nexus Study", as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of Ow 1 ip Pr j t.W This Agreement is intended to distribute TUMF Program Funds to the AGENCY for the SR -79 Winchester Road/I-15 Interchange (the "Project"), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows: 3) R/W — Right of Way Acquisition and Utility Relocation 2. WRCOG Fuii d in Amount, WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed One Million, Nine Hundred Twenty -Five Thousand Dollars ($1,925,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties Page 1 of 23 05 -SW -TEM -1064 acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time. 3. Project Costs Eligible for Advance Reimbursement, The total Project costs ("Total Project Cost") may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A " ("Scope of Work") : (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project. 4. lnel igible't. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit "A". 5. Procedures for Distribution of TUMF Program Funds to AGENCY,. (a) Initial Paynnent by the E NCS. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and_ rmeni . by W. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Page 2 of 23 05 -SW -TEM -1064 Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B", attached hereto and incorporated herein by reference. (c) Fu xding Am unt Adjustm nt. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. Increases r Project Fut ding,, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing. 7. No Fundirt for Tom Morar Inn _ rovexne ts. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY's Funding Obligationto om t i the Prof tr.. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project. 9. AG L] CY` s Obligation to Re ayLTUMF Pro grafi n Funds 10 WRCOG Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project. 10. AGENCY's Local Match Contribution. AGENCY local match funding is not required, as shown in Exhibit "A" and as called out in the AGENCY's Project Nomination Form submitted to WRCOG in response to its Call for Projects. Page 3 of 23 05 -SW -TEM -1064 11. Term/Notice of Coin aLletion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 12. Representauves of the Puties. WRCOG's Executive Director or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Aaron Adams, City Manager, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 13. Expenditure o f Funds by AGENCY Prior to Executionf (. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditure by the AGENCY may not be eligible for reimbursement under this Agreement. 14. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 15. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights Page 4 of 23 05 -SW -TEM -1064 under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. 18. Indemnification. (a) AQENCY RcApLonsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditure, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY. (b) WRCOG Res )onsibi1 hies. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditure, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. (c) Effect f Accept nce. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to Page 5 of 23 05 -SW -TEM -1064 complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY' s negligent performance of this Agreement or supervision of any services provided to complete the Project. 19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. (a) Commercial General Li .blit Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: (i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and (iii) Contain standard separation of insured provisions. (b) Business Automobile Eiabilit ai ur tike: Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (c) Professional Liabil it Insurance, Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workgrst Compensation Insura ice. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 20. PEQjggit Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Page 6 of 23 05 -SW -TEM -1064 Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 22. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit. 24. E ual rt snit Et to i e L The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 26. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 27. Time of Essence. Time is of the essence for each and every provision of this Agreement. Page 7 of 23 05 -SW -TEM -1064 28. Ha x . Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 31.otti 11 t ne with the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: If to WRCOG: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Mr. Aaron Adams, City Manager Telephone: (951) 694-6463 Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Christopher Gray, Director of Transportation Telephone: (951) 955-8304 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 33. Into ration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not Page 8 of 23 05 -SW -TEM -1064 expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES. 34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 35. conflicting Pro .isiou .. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 36. lndependent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 38. No Third prteneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 23 05 -SW -TEM -1064 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS Bv: Rick Bishop Executive Director Approved 10 Fe`rn: By: Steye D au n Ge la" Counsel ate: � D --t I By: Date: Aaron Adams City Manager ATTEST: Date: .‘ By: Date: y Randi Johl, City Clerk Approved to Form: By: , Date: Page 10 of 23 Peter M. Thorson City Attorney 05 -SW -TEM -1064 EXHIBIT A SCOPE OF WORK The Winchester Road/I-15 Interchange Improvement Project represents an integral component of the future French Valley Parkway Overcrossing/I-15 Interchange Project. The Winchester Road/I-15 Interchange Improvement Project for the realignment and reconstruction of existing on and off ramps at Winchester Road (SR79 North) in both directions to accommodate the construction of auxiliary lanes and the braiding of existing and proposed on and off ramps on I- 15. The Scope of Work and TUMF funding under the terms of this Agreement includes Right -of - Way Acquisition (ROW), as follows; • Right of Way (ROW) : Develop existing property lines from recorded maps and field surveying. Determine project right of way requirements for acquisitions, easements, temporary construction easements, and impacts to existing improvements. Obtain title reports, perform appraisals, and negotiate settlement. Perform relocation assistance including research for comparable properties and engineering for individual site revision plans and construction. Exhibit A Page 11 of 23 05 -SW -TEM -1064 EXHIBIT A-1 ESTIMATE OF COST FUNDING: TUMF Funding sources are identified for each phase of work that is part of this Agreement, as follows; PHASE TUMF RIGHT OF WAY (ROW) $1,925,000 TOTAL FUNDING REIMBURSEMENT AGREEMENT $ 1,925,000 Exhibit A — 1 Page 12 of 23 05 -SW -TEM -1064 EXHIBIT A-2 PROJECT SCHEDULE Phase Estimated Completion Date PA&ED Completed 1/10 PS&E I Estimated Completion 6/18 RIGHT OF WAY Estimated Completion 6/18 Estimated Completion 6/21 CONSTRUCTION Exhibit A —2 Page 13 of 23 [INSERT PROJECT #] Elements of Compensation EXHIBIT "B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit "B-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-2". 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5 rh day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "B-4" and "B-5". All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-3". 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "B" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: Exhibit B Page 14 of 23 [INSERT PROJECT #] , ,, "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. Exhibit B Page 15 of 23 [INSERT PROJECT #] EXHIBIT "B-1" [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT. ) ($1NSERT NUMERICAL DOLLAR AMOUNT ) without written approval of Agency's City Manager [or applicable position] ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is and is the sum of the following components: 1.1.2.1 Direct Salary Cost 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs Exhibit B-1 Page 16 of 23 [INSERT PROJECT #] The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is $ 1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [ insert charges J Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. Exhibit B-1 Page 17 of 23 [INSERT PROJECT #] 2. DIRECT SALARY ATE Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [ sampled Principal Project Manager Sr. Engineer/Planner Project Engineer/Planner Assoc. Engineer/Planner Technician Drafter/CADD Operator Word Processor $ .00 - $ .00/hour $ .00 - $ ,00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour $ .00 - $ .00/hour 2.3 The above rates are for the Contractor only. Alt rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. 3. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shalt be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. Exhibit B-1 Page 18 of 23 [INSERT PROJECT #] 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. Exhibit B-1 Page 19 of 23 [INSERT PROJECT #] EXHIBIT B-2 Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: cc: Name Title Exhibit B-2 Page 20 of 23 EXHIBIT B-3 Sample Letter from Contractor to AGENCY Month/Date/Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director Attn: Accounts Payable [INSERT PROJECT #] Invoice # For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX -XX -XXX effective Month/Date/Year Invoice period covered is from Month/Date/Year to Month/Date/Year Total Base Contract Amount: $000,000.00 Authorized Extra Work (if Applicable) $000,000.00 TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: $000,000.00 Total Previously Billed: $000,000.00 Balance Remaining: $000,000.00 Amount Due this Invoice: $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title Exhibit B-3 Page 21 of 23 [INSERT PROJECT #] EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B-4 Page 22 of 23 [INSERT PROJECT #] EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 — 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final P S &E B. Current/Potential Problems Encountered & Corrective Action Problems None C. Work Planned Next Period Corrective Action None TASK 01 — 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit B-5 Page 23 of 23 Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tom Garcia, Director of Public Works/City Engineer DATE: November 15, 2016 SUBJECT: Accept Improvements and File the Notice of Completion for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On March 8, 2016, the City Council awarded a Contract to DDH Apple Valley Construction, Inc. in the amount of $794,286.50, and authorized the City Manager to approve change orders not to exceed a 20% contingency of $158,857.30. Due to the possibility of encountering additional distressed pavement and/or unsuitable subgrade during construction operations, staff requested a 20% construction contingency. The project rehabilitated the pavement on Old Town Front Street between Temecula Parkway and First Street. It also reconfigured an existing storm drain system to remove a 'dipcrossing at the southern end of Old Town Front Street. The contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from August 3, 2016, the date the work was substantially complete. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The Old Town Front Street Pavement and Storm Drain Rehabilitation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2016-20, and is funded with Measure A (pavement rehab work) and General Fund Contributions (pavement rehab and storm drain work). The original Contract amount was $794,286.50. There were three Contract Change Orders totaling $133,796.78, which resulted in a final contract amount of $928,083.28. FISCAL IMPACT: There is no fiscal impact as a result of the acceptance of the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to DDH Apple Valley Construction, Inc., 9312 Deep Creek Road, Apple Valley, California 92308 to perform the following work of improvement: OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT NO. PW12-14 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 15, 2016. That upon said contract the Ohio Casualty Insurance Company, 790 The City Drive South, Suite 200, Orange, California 92868, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT NO. PW12-14 6. The location of said property is: Old Town Front Street between Temecula Parkway and First Street, Temecula, California. Dated at Temecula, California, this 15th day of November, 2016. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 15th day of November, 2016. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT NO. PW12-14 This is to certify that r . * =: N . } ... ..-:..... `- :,. .. � ". t .... ..... (hereinafter the "Contractor") declares to the City cif, Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION, PROJECT NO. PWI2-1 , situated in the City of Temecula, State of California, more particularly described as follows: -42 f ADDRESS OR DESCR1 E LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated: � �� /lb By: Signature �..,v •x-; � �f :: � = " 'rte ,.�;, Print Name and Title RELEASE R-1 Issued in two (2) original counterparts. CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO, 024066183 MAINTENANCE BOND for OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT NO. PW1 -14 KNOW ALL PERSONS BY THESE PRESENT THAT DDH Apple Valley construction, Inc., 9312 Deep Creek Road, Apple valley, CA 92308 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or individual) The Ohio Casualty Insurance company, 790 The City Drive South, Suite 200, Orange, CA 92868 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Ninety -Two Thousand Eight Hundred Eight DOLLARS AND Thirty CENTS 92,808.30 in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF TIT OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 8th day of March , 2016, a copy of which is hereto attached and made a part hereof for the construction of OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION, PROJECT N. P I!I -1 . WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 20th day of October , 2016. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND SIB -1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it ctoes hereby waive notice of any such change, extension of time, alteration, or addition to the 'terms, of the Contract, or to the work, or to the Specifications. 'Signed and sealed this = 01h day of October �, 2016. (Seal) } SURETY: The Ohio Casualty Insurance C.,2mpany / (I Is By. Shaunna B ro fiel (Name) Attorney -in -Fact (title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: DOH Ap. e . ley Construction, Inc. By:. DAV�C Itis 6IY*L 4rvi Iknv� LNae) (Title) By: (11-111144)fani;t6dij C1t'uv\ LtL *trtnril�'011 (NamEj vsAvoN IThaakutv-eitt (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB -2 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT FA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On October 2Oth, 2016 before me, Karen L. Ritto } Date insert Name of rotary exactly as it appears on the official seal personally appeared Shaunna Burchfiel Notary Public, Name(s) of Signer(s) KAREN L. H1 1 ) COMM. 213 2 7 Notary Ponc-Colifornia cr2 ORANGE COUNT)/ EL. fvly Corom. Expires Dec: 0, 2019 Pace Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument t and acknowledged ed to me that he/she/they executed the same in his/her/their authorized capacity ies , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hrtri) Signature ill Sig = f No�ub1io Karen L. Ritto lvtur icial seal. - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: 10/20/2016 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Shaunna Burchfiel El Individual ❑ Corporate Officer -Title(s): El Partner El Limited ❑ General C1 Attorney in Fact ❑ Trustee El Guardian or Conservator El Other: Number of Pages: Two Signer is Representing: Top of thumb here Signer's Name: El Individual ❑ Corporate Officer -Titles: ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT :.::....: F.SIGNER Top of thumb here Bond No . 024066183 THIS POWER OF ATTORNEY NEY IS NOT VALiD UNLESS 1T IS PRINTED ON RED BACKGROUND. L. This Power of Attorney !units the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. ( o cli To itu c c 'cis o o c co co co co 43 rECU cti L. . . American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate NO. 7435591 POWER F ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are oorporations duly organized under the laws of. the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called theompa ies ),pursuant to and by authority herein set forth, does hereby name, constitute. and appoint, AndrewWaterbury Arturo Ayalai Daniel Fluckabay;:Dwight Reilly; Michael Castaneda. = haunna Buire fi l • • all of the city of Orange , state of - CA - . - = each individually if thre be more -than: ane named, its true:=and. lawful attorney-in=f ct.to make, , execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed; any andall undertakings, bondsf-recognizari s and other -surety obiigationsY_ln_:pursuance of these presents and shall be as binding upon the Companies as if they:have been:.dui signed" by the president and attested by .the speretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney : has been subscribed by an authorized officer or official of the Comparilesandand the corporate seals of the Companies have been affixed thereto this 29th day of Ju-ly. -. 01. � American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican n Insuran a Company STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY B: David M. Care ; Assistant Secretary On this 29th day of July 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, .Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized soto do, executethe foregoing instrument forthe purposes therein contained irred bysigni g on behalf of the corporations by himself as a duly authorized officer. IN WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA :. . Notarial Seal Teresa Rostella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 MMlereber, Pennsylvania Association of Notaries By: i Teresa Pastella, Notary Public. This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE Ill - OFFICERS -- Section 12. Power of Attorney. Any officers other official of the Corporation authorized for that purpose in writing try the Chairman or the President, and subject. to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any andall undertakings, bonds, recognizances and other suretobligations. Such attorneys -in -fact, subject to the limitations set forth in their respctive powers of. attorney, .shall have full power to bind the. Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation...When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of thisarticle may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority: ARTICLE XIII — Execution of Contracts ,- SECTION 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by thechairman or the president, and subject to such limitations as the chairman or thepresident may prescriber shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forthin their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed bythe president arid attested by the secretary.::.- Certificate of Desination --The Presi nt:of theCompany,act ng pursuant:to the Bylaws f the. Company,authorizes David:M.-Carey,:Assistant.Secretary to appoint such attorneys -in - fact as may be necessaryto act on behalf of -the Company. to lake, execute, seal, acknowledge:aed deliver as- surety -aqand all .undertakings, -bonds, recognizances and other surety :.:. obligations. Authorization — By unanimous consent of ti -ie Company's oard of Dr tors, the Company consent :"that.fasimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power* attorney issued by the CoMpany in connection with -siirety bonds, shall be. -valid :arid binding upon the Company with.. the samforce and effect as though rrtanually::affix d:..._- _ : : : I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofArrmerian:Fire and Casualty:.ompanyJhe Ohio Casualty Insurance The orpany;:ttberty.utal Insurance Company, and West At uric r Ihgul'ance Company do hereby certify that the original power01 attorney f which the foregoing is a full;:trUe and correct of the Power of Attorney executed by said futl'foree mid effect and has not been revoked.: : : - - " I :T TI 1 VI FIE E F;1 hive hereunto set my hand and affixed the seals of said Companies this 20 th day of 0 of b : 20 16 • Cils 1906 • t_M 12873 122013 By: Gregory W. Davenport, Assistant Secretary 240 of 300 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of � � � ..� ,.� , C On (is : :..... //' x f before me Date personally appeared ,.n Here Insert Name and Tit/e of the Officer { Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are subscribed to the within instrument and acknowledged to me that he/she/they executed the sane in his/her/their authorized apacity ies , and that by his/Mr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAMIE R. CRUZ Notary Public - California San Bernardino County Commission # 2164734 My Comm. Expires Sep 15, 2020 z Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary u l c Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacityties)Claimed by Signer(s) Signer's Name: Corporate Officer — Titles: ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Document Date: Signer's Name: C-1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual [J Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.or • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 16 ACTION MINUTES October 25, 2016 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:48 PM CALL TO ORDER: Vice President Michael McCracken ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero (absent) CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 12 Approve the Action Minutes of October 11, 2016 — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken, Rahn and Naggar with Director Comerchero absent. RECOMMENDATION: 12.1 That the Board of Directors approve the action minutes of October 11, 2016. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 102516 1 CSD ADJOURNMENT At 7:53 PM, the Community Services District meeting was formally adjourned to an Adjourned Regular Meeting on Tuesday, November 15, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 102516 2 Item No. 17 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: November 15, 2016 SUBJECT: Approve Financial Statements for the 4' Quarter Ended June 30, 2016 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 4th Quarter Ended June 30, 2016. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of June 30, 2016 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the 4th Quarter Ended June 30, 2016. TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2016 Parks & Recreation ASSETS: Service Service Level Service Level Level B C Slope D Refuse Street Lights Maintenance Recycling Cash and Investments $ 1,620,975 $ 155,285 $ 1,421,500 $ 321,405 Receivables 51,329 7,637 32,880 162,551 Due from Other Funds Deposit 4,994 TOTAL ASSETS $ 1,677,298 $ 162,922 $ 1,454,380 $ 483,956 LIABILITIES: Other Current Liabilities $ 445,297 $ 72,264 $ 193,419 $ 15,745 Unearned Revenue 177,095 TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: 622,392 72,264 193,419 15,745 18,639 18,639 Nonspendable: Deposits 4,994 - - Restricted For: Community Services 1,031,273 90,658 1,260,961 468,211 Committed To: Contractual Obligations (Encumbrance) - - - TOTAL FUND BALANCES 1,036,267 90,658 1,260,961 468,211 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 1,677,298 $ 162,922 $ 1,454,380 $ 483,956 NOTE: Balances are unaudited 1 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2016 Service Level R Street Road Maintenance Service Level L Lake Park Maint. Intern Library Public Art Fellowship Total Program ASSETS: Cash and Investments $ 22,256 $ 326,183 $ 295,103 $ 28,162 $ 9,698 $ 4,200,567 Receivables 172 16,029 833 45 12 271,488 Due from Other Funds - - - - - - Deposit - - - - - 4,994 TOTAL ASSETS LIABILITIES: Other Current Liabilities Unearned Revenue TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES: $ 22,428 $ 342,212 $ 295,936 $ 28,207 $ 9,710 $ 4,477,049 $ - $ 30,689 $ 19,267 $ - $ 417 $ 777,098 - - - - - 177,095 30,689 19,267 - 417 954,193 Unavailable Revenues - - - - - 18,639 TOTAL DEFERRED INFLOWS OF RESOURCES - - - - - 18,639 FUND BALANCES: Nonspendable: Deposits - - - - - 4,994 Restricted For: Community Services 22,428 311,523 276,669 28,207 9,293 3,499,223 Committed To: Contractual Obligations (Encumbrance) - - - - - - TOTAL FUND BALANCES 22,428 311,523 276,669 28,207 9,293 3,504,217 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 22,428 $ 342,212 $ 295,936 $ 28,207 $ 9,710 $ 4,477,049 NOTE: Balances are unaudited 2 STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE -BUDGET AND ACTUAL CITYWIDE OPERATIONS for the 4th Quarter Ended June 30, 2016 Annual Amended YTD Activity Encumbrances Budget Total Activity 0/0 Budget REVENUES: Special Tax (Measure C) Recreation Funding(General Fund) Recreation Program Investment Interest $ 1,852,879 $ 1,852,472 $ 4,601,783 $ 4,601,783 2,459,315 $ 2,631,935 2,200 8,313 TOTAL REVENUES 8,916,177 EXPENDITURES: - $ 1,852,472 100% - 4,601,783 100% - 2,631,935 107% - 8,313 378% (1) 9,094,503 - 9,094,503 102% General Operations 2,407,472 2,271,475 Senior Center 300,596 280,832 Community Recreation Center (CRC) 843,267 752,285 Recreation Programs 691,918 660,154 Temecula Community Center (TCC) 216,932 188,605 Museum 325,939 294,994 Aquatics 775,022 764,589 Sports 348,629 316,414 Children's Museum 279,680 260,825 Community Theater 1,152,268 1,121,674 Cultural Arts 317,103 285,045 Harveston Center 195,592 178,328 Conference Center 82,005 63,397 Human Services 212,069 206,180 Facility YMCA 22,000 8,966 Jefferson Recreation Center 53,394 49,705 Contract Classes 779,265 720,670 Park Rangers 5,505 5,505 TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of 7/01/2015 4,100 9,008,656 8,429,643 2,271,475 94% 280,832 93% 752,285 89% 660,154 95% 188,605 87% 299,094 92% 764,589 99% 316,414 91% 260,825 93% 1,121,674 97% 285,045 90% 178,328 91% 63,397 77% 206,180 97% 8,966 41% (2) 49,705 93% 720,670 92% 5,505 100% 4,100 8,433,743 94% (92,479) 664,860 371,407 371,407 Ending Fund Balance as of 6/30/2016 $ 278,928 $ 1,036,267 NOTES. (1) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. (2) The variance in YMCA Facility is due to less activities than anticipated during this fiscal year. 3 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Assessments $ 641,384 $ 641,923 100% Recreation Funding(General Fund) 390,888 390,888 100% Investment Interest 87 603 693% (1) TOTAL REVENUES EXPENDITURES: Salaries and Wages Street Lighting Fees Property Tax Admin Fees 1,032,359 1,033,414 100% 11,546 977,352 13,374 TOTAL EXPENDITURES 1,002,272 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 11,546 100% 942,837 96% 10,868 81% 965,251 96% 30,087 68,163 22,495 22,495 $ 52,582 $ 90,658 NOTES: (1) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. 4 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Assessments $ 1,584,858 $ 1,598,100 101% Reimbursements 4,237 0% (1) Investment Interest 4,510 8,346 185% (2) TOTAL REVENUES 1,589,368 1,610,683 101% EXPENDITURES: Zone 1 Saddlewood Zone 2 Winchester Creek Zone 3 Rancho Highlands Zone 4 The Vineyards Zone 5 Signet Series Zone 6 Woodcrest Country Zone 7 Ridgeview Zone 8 Village Grove Zone 9 Rancho Solana Zone 10 Martinique Zone 11 Meadowview Zone 12 Vintage Hills Zone 13 Presley Development Zone 14 Morrison Homes Zone 15 Barclay Estates Zone 16 Tradewinds Zone 17 Monte Vista Zone 18 Temeku Hills Zone 19 Chantemar Zone 20 Crowne Hill Zone 21 Vail Ranch Zone 22 Sutton Place Zone 23 Pheasent Run Zone 24 Harveston Zone 25 Serena Hills Zone 26 Gallery Tradition Zone 27 Avondale Zone 28 Wolf Creek Zone 29 Gallery Portrait TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 45,248 35,773 79% 80,690 34,766 43% 65,441 64,125 98% 7,790 6,212 80% 40,043 38,449 96% 32,411 27,843 86% 20,451 18,436 90% 131,241 120,708 92% 10,971 2,339 21% 11,996 7,538 63% 3,143 2,557 81% 90,755 75,266 83% 33,711 26,605 79% 15,510 13,304 86% 10,392 9,341 90% 67,611 62,528 92% 2,954 2,268 77% 100,074 88,549 88% 67,362 61,317 91% 193,436 169,126 87% 250,574 222,531 89% 4,703 3,709 79% 8,985 7,378 82% 163,544 154,148 94% 67,749 51,536 76% 3,825 3,273 86% 9,042 8,783 97% 236,492 174,465 74% 6,809 6,513 96% 1,782,953 1,499,386 84% (193,585) 111,297 1,149,664 1,149,664 $ 956,079 $ 1,260,961 NOTES: (1) A reimbursement was received from SoCal Water Smart for a prior fiscal year service. (2) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. (3) The variance is due to less than anticipated Utilities and Rehabilitation Expenditures during this fiscal year. (4) The variance is due to less than anticipated Rehabilitation Expenditures during this fiscal year. (5) The variance is due to less than anticipated Utilities and Rehabilitation Expenditures during this fiscal year. (6) The variance is due to less than anticipated Utilities, Landscape Maintenance, and Rehabilitation Expenditures during this fiscal year. 5 (3) (4) (5) (6) TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the 4th Quarter Ended June 30, 2016 Annual Amended Total YTD Budget Activity Encumbrances Total % of Budget Activity REVENUES: Assessments $ 7,253,980 $ 7,257,121 $ - $ 7,257,121 100% Recycling Program/Grant 32,335 47,140 - 47,140 146% (1) Investment Interest 1,600 6,416 - 6,416 401% (2) TOTAL REVENUES EXPENDITURES: 7,287,915 7,310,677 - 7,310,677 100% Salaries and Wages 98,013 97,742 - 97,742 100% Department of Conservation Grant 59,768 14,405 44,015 14,405 24% (3) Refuse Hauling 7,002,738 6,883,349 - 6,883,349 98% Operating Expenditures 59,750 36,173 - 36,173 61% (4) TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 7,220,269 7,031,669 67,646 279,008 189,203 189,203 $ 256,849 $ 468,211 44,015 7,031,669 97% NOTES: (1) The variance is due to monies received from County for a community clean up event held in calendar year 2014. (2) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. (3) This grant has been carry forward to FY 2016-17 to purchase recycling equipment receptacles. (4) The variance is due to less than anticipated Public Notices, Recycling Program Expenditures and Property Tax Admin Fees during this fiscal year. 6 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Assessments Investment Interest TOTAL REVENUES EXPENDITURES: Emergency Street Maintenance Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 $ 5,532 $ 5,331 96% 100 159 159% (1) 5,632 5,490 97% 9,690 2,601 27% (2) 153 153 100% 9,843 2,754 28% (4,211) 2,736 19,692 19,692 $ 15,481 $ 22,428 NOTES: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (2) The variance is due to less than anticipated Emergency Street Maintenance repairs required due to a dry winter. 7 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the 4th Quarter Ended June 30, 2016 Annual Amended Budget REVENUES: Total YTD % of Activity Budget Assessments $ 232,434 $ 248,655 107% Harveston Lake Boat Fees 3,600 5,452 151% (1) Investment Interest 1,500 2,069 138% (2) TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 237,534 256,176 108% 22,359 19,534 87% 222,258 213,996 96% 244,617 233,530 (7,083) 22,646 288,877 288,877 $ 281,794 $ 311,523 95% NOTES: (1) Lake Boat fees revenues are higher due to the timing of receipts received from the prior year. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. 8 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Library Services $ 112,925 $ 130,164 115% (1) Recreation Funding(General Fund) 644,205 644,205 100% Investment Interest 1,800 2,108 117% (2) TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 758,930 776,477 102% 48,700 823,645 45,143 731,182 93% 89% 872,345 776,325 89% (113,415) 152 276,517 276,517 $ 163,102 $ 276,669 NOTES: (1) The variance is due to a higher amount of Fines & Fees, Lost and Damaged Materials, and Facility Rentals than expected. (2) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. 9 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC ART for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Public Art Revenues $ 26,108 $ 31,113 119% (1) Operating Transfer In 41,374 31,738 77% (2) Investment Interest - 156 0% (3) TOTAL REVENUES 67,482 63,007 93% EXPENDITURES: Operating Transfer Out 67,482 34,800 52% (4) TOTAL EXPENDITURES 67,482 34,800 52% Revenues Over/(Under) Expenditures - 28,207 Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 $ - $ 28,207 NOTES: (1) The variance is due to the timing of development projects during this fiscal year. (2) The variance is due to the timing of development projects during the prior fiscal year received in the Capital Projects fund and available to be transferred to the new Public Art fund in the current year. (3) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (4) The Capital Improvement Project (CIP) "City Hall Exterior LED Lighting "Light it Up" project budgeted with this fund has been reprogrammed. 10 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INTERN FELLOWSHIP PROGRAM for the 4th Quarter Ended June 30, 2016 Annual Amended Budget Total YTD % of Activity Budget REVENUES: Operating Transfers In(General Fund) $ 19,645 $ 19,645 100% Investment Interest - 8 0% TOTAL REVENUES 19,645 19,653 100% EXPENDITURES: Salaries and Wages TOTAL EXPENDITURES 19,645 19,645 11,022 56% (1) 11,022 56% Revenues Over/(Under) Expenditures - 8,631 Beginning Fund Balance as of 7/01/2015 Ending Fund Balance as of 6/30/2016 NOTES: 662 662 $ 662 $ 9,293 (1) The variance in salaries and wages was due to $7,892 that was paid by Community Development Block Grant, Just Add One Program. 11 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT Item No. 18 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Finance Director DATE: November 15 2016 SUBJECT: Receive and file Financial Statements for the 4th Quarter Ended June 30, 2016 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2016. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 4th Quarter ended June 30, 2016. Please see the attached Financial Statements for analytical review of financial activity. FISCAL IMPACT: ATTACHMENTS: None 1. Statement of Fiduciary Net Assets as of June 30, 2016. 2. Statement of Changes in Fiduciary Net Assets -for the 4rh Quarter Ended June 30, 2016. SARDA STATEMENT OF FIDUCIARY NET POSITION As of June 30, 2016 Successor Agency to the Former RDA ASSETS: Cash and Investments $ 3,223,308 Receivables 5,229 Land Held for Resale 98,484 Restricted Cash and Investments with Fiscal Agent 16,730,509 Land 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) LIABILITIES: 29,201,431 TOTAL ASSETS $ 53,078,069 Accounts Payable Advances from City-SERAF Accrued Interest Payable Bonds Payable and Discount 20,000 5,250,954 1,660,266 82,998,785 TOTAL LIABILITIES 89,930,005 NET POSITION/(DEFICIT): TOTAL NET POSITION/(DEFICIT) $ (36,851,936) (1) Note: Amounts are unaudited (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. SARDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION For the 4th Quarter Ending June 30, 2016 Successor Agency to the Former RDA ADDITIONS: Investment Earnings $ 12,962 Reimbursement 317,719 Property Tax Distribution 6,485,483 TOTAL ADDITIONS 6,816,164 DEDUCTIONS: Abbott OPA 159,173 Affordable Housing Obligations 305,000 Debt Service - Interest 4,832,693 Depreciation 1,179,997 Operations 16,811 Contribution to City Housing Fund 250,000 TOTAL DEDUCTIONS 6,743,674 Change in Net Position Net Position/(Deficit) as of July 1, 2015 Net Position/(Deficit) as of June 30, 2016 Note: Amounts are unaudited 72,490 (36,924,426) $ (36,851,936) (1) (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. TEMECULA PUBLIC FINANCING AUTHORITY CONSENT Item No. 19 ACTION MINUTES October 25, 2016 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY MEETING The Temecula Public Financing Authority Meeting convened at 7:53 PM CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero (absent), Edwards, McCracken, Rahn, Naggar TPFA PUBLIC COMMENTS (None) TPFA CONSENT CALENDAR 13 Approve the Action Minutes of October 11, 2016 — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Edwards made the motion; it was seconded by Director McCracken; and electronic vote reflected approval by Directors Edwards, McCracken, Rahn and Naggar with Director Comerchero absent. RECOMMENDATION: 13.1 That the Board of Directors approve the action minutes of October 11, 2016. TPFA BUSINESS • Ms. Miller addressed the Authority on Item 14 14 Approve the Issuance of Special Tax Refunding Bonds for Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston), and Community Facilities District No. 03-1 (Crowne Hill) 2016 — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Edwards made the motion; it was seconded by Director McCracken; and electronic vote reflected approval by Directors Edwards, McCracken, Rahn and Naggar with Director Comerchero absent. RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 16-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS RELATED TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS TPFA Action Minutes 102516 1 14.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 16-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS RELATED TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL), APPROVING AND DIRECTING THE EXECUTION OF A THIRD SUPPLEMENTAL FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT At 8:09 PM, the Temecula Public Financing Authority meeting was formally adjourned to an Adjourned Regular Meeting on Tuesday, November 15, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] TPFA Action Minutes 102516 2 CITY COUNCIL PUBLIC HEARING Item No. 20 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 15, 2016 SUBJECT: Approve Assembly Bill (AB) 1600 Financial Reports — Development Impact Fee Expenditures PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2016. BACKGROUND: Government Code Sections 66006 requires that an accounting of the Development Impact Fees be made public and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the Development Impact Fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the Development Impact Fees after hearing public testimony. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are programmed to be spent in accordance with the Fiscal Years 2017-2021 Capital Improvement Program adopted June 14, 2016, by the City Council. ATTACHMENTS: 1. Summary of Development Impact Fees 2. AB 1600 Financial Reports City of Temecula Summary of Development Impact Fees Fiscal Year 2015-16 Development Impact Fee Fund Beginning Fund Fees Interest Ending Fund Balance Collected Earned Expenditures Balance Capital Improvement Projects 0/0 FY15-16 % Funded Expenditures Complete with DIFs Open Space Land Acquisition 260,916 130,036 2,450 393,402 0% 0% Street Improvements 1,853,998 1,052,935 17,324 (143,000) 2,781,257 210.165.622- Medians and Parkways 143,000 0% 0% Traffic Signals & Traffic Control SystemE 211,997 148,286 524 (276,602) 84,205 210.165.680 -Traffic Signal Equipment Replacement 189,443 100% 100% 210.165.682- Traffic Signal Installation- Citywide 70,000 100% 100% Ai=a4" Mi1.11L- 210.165.670- Flashing Beacons and Speed 17,159 100% 100% I Park & Recreation Improvements 1,148,796 778,287 12,072 (1,000) 1,938,155 210.190.120- Playground Equipment Enhancements 1,000 5% 100% Corporate Facilities kk 199,799 289 (153,746) 46,342 210.165.767- Theater LED Lighting 30,600 100% 100% 210.165.765- Emergency Operations Center 17,905 30% 64% 210.165.759 - YMCA 105,241 36% 100% Fire Protection Facilities 210.165.757- Fire Station 73 Living Quarters 29,066 116,087 594 (50,387) 95,360 Upgrade 50,387 100% 90% Library 638,347 207,934 4,866 (70,000) 781,147 210.190.153- Library Parking - Phase II S M. 1 i 70,000 60% 100% Police Facilities Total 511,946 98,543 3,827 614,316 4,655,066 2,731,907 41,946 (694,735) 6,734,184 694,735 0% 0% City of Temecula Attachment No. 1 - OPEN SPACE LAND ACQUISITIONS Government Code 66000 Calculation FY 2015-16 The impact fees for Open Space Land Acquisitions are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $665.36 per residential attached unit (condominium, apartment, townhouse, and duplex), and $928.72 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: $ 130,036 $ 2,450 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ - $ 132,486 Expenditures & Other Uses: $ - Capital Projects Transfers Out Total Uses $ - Total Available $ 260,916 $ 132,486 $ 393,402 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ - $ 5,182 $ 152,183 $ 103,551 $ 132,486 Total Ending Fund Balance $ 393,402 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee Total $ - City of Temecula Attachment No. 2 - STREET IMPROVEMENTS Government Code 66000 Calculation FY 2015-16 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,351.41 per residential attached unit (condominium, apartment, townhouse, and duplex), $1,930.57 per residential detached unit (single family), and $2.64-$7.38 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: 210.165.622- Medians and Parkways $ 1,052,935 $ 17,324 72.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 143,000 $ 1,070,259 Expenditures & Other Uses: $ 143,000 Capital Projects Transfers Out Total Uses $ 143,000 Total Available $ 1,853,998 $ 927,259 $ 2,781,257 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ $ 346,406 $ 663,637 $ 700,955 $ 1,070,259 Total Ending Fund Balance $ 2,781,257 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee 210.165.622- Medians and Parkways $ 143,000 72.00% 100.00% Total $ 143,000 City of Temecula Attachment No. 3 - TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS Government Code 66000 Calculation FY 2015-16 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $191.29 per residential attached unit (condominium, apartment, townhouse, and duplex), and $273.29 per residential detached unit (single family), and $0.39- $1.05 per square foot of floor area from commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: 210.165.680 -Traffic Signal Equipment Replacement 210.165.682- Traffic Signal Installation- Citywide 210.165.670- Flashing Beacons and Speed $ 148,286 $ 524 100.00% 100.00% 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 276,602 $ 148,810 Expenditures & Other Uses: $ 276,602 Capital Projects Transfers Out Total Uses $ 276,602 Total Available $ 211,997 $ (127,792) $ 84,205 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ $ $ $ 84,205 Total Ending Fund Balance $ 84,205 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee 210.165.680 -Traffic Signal Equipment Replacement 210.165.682- Traffic Signal Installation- Citywide 210.165.670- Flashing Beacons and Speed $ 189,443 $ 70,000 $ 17,159 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Total $ 276,602 City of Temecula Attachment No. 4 - PARK and RECREATION IMPROVEMENTS Government Code 66000 Calculation FY 2015-16 The fees are collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments. The fee is $2,282.71 per residential attached unit (condominium, apartment, townhouse, and duplex), and $3,186.28 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: 210.190.120- Playground Equipment Enhancements $ 778,287 $ 12,072 5.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 1,000 $ 790,359 Expenditures & Other Uses: $ 1,000 Capital Projects Transfers Out Total Uses $ 1,000 Total Available $ 1,148,796 $ 789,359 $ 1,938,155 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ - $ - $ 509,596 $ 638,200 $ 790,359 Total Ending Fund Balance $ 1,938,155 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee 210.190.120- Playground Equipment Enhancements $ 1,000 5.00% 100.00% Total $ 1,000 City of Temecula Attachment No. 5 - CORPORATE FACILITIES Government Code 66000 Calculation FY 2015-16 Fees are collected for City administrative and maintenance facilities. The need for future space at the Civic Center is due to the demand of services housed at the Civic Center. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $280.83 per residential attached unit (condominium, apartment, townhouse, and duplex), $523.78 per residential detached unit (single family), and $0.17-$0.51 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: 210.165.767- Theater LED Lighting 210.165.765- Emergency Operations Center 210.165.759 - YMCA $ 199,799 $ 289 100.00% 30.00% 36.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 153,746 $ 200,088 Expenditures & Other Uses: $ 153,746 Capital Projects Transfers Out Total Uses $ 153,746 Total Available $ - $ 46,342 $ 46,342 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ $ $ $ $ 46,342 Total Ending Fund Balance $ 46,342 Result : Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee 210.165.767- Theater LED Lighting 210.165.765- Emergency Operations Center 210.165.759 - YMCA $ 30,600 $ 17,905 $ 105,241 100.00% 30.00% 36.00% 100.00% 64.00% 100.00% Total $ 153,746 City of Temecula Attachment No. 6 - FIRE PROTECTION FACILITIES Government Code 66000 Calculation FY 2015-16 Fees are collected to provide future fire protection facilities and apparatus. The fee is $307.47 per residential attached unit (condominium, apartment, townhouse, and duplex), $662.61 per residential detached unit (single family), and $0.11-$0.17 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: 210.165.757- Fire Station 73 Living Quarters Upgrade $ 116,087 $ 594 100.00% Developer Fees Interest Income Contributions from Property Owners Total Sources $ 50,387 $ 116,681 Expenditures & Other Uses: $ 50,387 Capital Projects Transfers Out Total Uses $ 50,387 Total Available $ 29,066 $ 66,294 $ 95,360 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ $ $ $ $ 95,360 Total Ending Fund Balance $ 95,360 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee 210.165.757- Fire Station 73 Living Quarters Upgrade $ 50,387 100.00% 90.00% Total $ 50,387 City of Temecula Attachment No. 7- LIBRARY Government Code 66000 Calculation FY 2015-16 Fees are collected to provide future facilities and materials. Because these fees are population -driven, they apply only to residential development. The fee is $608.00 per residential attached unit (condominium, apartment, townhouse, and duplex), and $848.65 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: 210.190.153- Library Parking - Phase II $ 207,934 $ 4,866 60.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 70,000 $ 212,800 Expenditures & Other Uses: $ 70,000 Capital Projects Transfers Out Total Uses $ 70,000 Total Available $ 638,347 $ 142,800 $ 781,147 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2016 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ - $ 120,887 $ 137,680 $ 309,780 $ 212,800 Total Ending Fund Balance $ 781,147 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee 210.190.153- Library Parking - Phase II $ 70,000 60.00% 100.00% Total $ 70,000 City of Temecula Attachment No. 8 - POLICE FACILITIES Government Code 66000 Calculation FY 2015-16 Fees are collected to provide future space for police facilities and equipment. The fee is $493.60 per residential attached unit (condominium, apartment, townhouse, and duplex), $278.98 per residential detached unit (single family), and $0.06-$0.27 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2015-16 Ending Fund Balance Revenues & Other Sources: $ 98,543 $ 3,827 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ - $ 102,370 Expenditures & Other Uses: Capital Projects Transfers Out Total Uses $ - Total Available $ 511,946 $ 102,370 $ 614,316 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 $ 98, 775 $ 236,771 $ 99, 852 $ 76, 548 $ 102,370 Total Ending Fund Balance $ 614,316 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2015-16 % Complete % Funded With Fee Total $ - Item No. 21 Item No. 21 Gateway to Temecula Project Revised Exhibit C to Resolution Certifying the Environmental Impact Report Exhibit C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Temecula Gateway Project (the `Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the Project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to Greenhouse Gases (GI-lGs), Noise, and Transportation/Circulation generated by the Project. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. B. The Project will provide high quality commercial use and is located adjacent to Interstate 15 and a Park -and -Ride facility that is currently under construction. This location places the project in a unique position to service commuters. Many of the proposed project uses are consistent with the needs of commuters that will utilize Interstate 15 and the Park -and -Ride, thereby encouraging the ride sharing alternative. In addition, the additional services provided by the project will be beneficial to residents on the south western end of the City by giving them additional retail, restaurant, gas station, and office options. C. The recently adopted Uptown Temecula Specific Plan (UTSP) area is envisioned to be the City's future office district. Leaving the Project area with its current General Plan and Zoning designation of Professional Office (PO) would adversely affect the UTSP and would not be consistent with the goals of the UTSP. The UTSP is intended to allow higher density urban development so that it can become the City's financial and office district. It is better for the City that office uses be concentrated in the UTSP than scattered in other locations in the City. IThe UTSP provides development standards that are well suited for office projects that can attract large high- quality employers, financial and wealth management institutions, as well as high- technology firms, among others. As such, the UTSP is intended to create a prominent employment cluster and financial district for the City of Temecula. The UTSP also provides the infrastructure requirements that can accommodate these types of uses as they develop. Revising the General Plan and Zoning designations of the Project Site from Professional Office to Community Commercial (CC) and the creation of a PDO will allow the Project area to be consistent with the overall commercial character of the Temecula Parkway corridor and will help further the goals of the Uptown Specific Plan by discouraging a large scale office project from being proposed for the Project location rather than within the UTSP area. In addition, the project will also allow for a reduction in peak hour trips when compared to a large office complex that can be built under the current General Plan and Zoning designations. D. The Project will generate short term construction jobs and long term retail/commercial jobs within the southwest portion of the City. The City Council finds that the foregoing benefits provided through approval of the Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Cou r1 H FROM: Luke Watson, Director of Community Development DATE: November 15, 2016 SUBJECT: Consider the Gateway to Temecula Project Including a General Plan Amendment; a Zone change/Planned Development Overlay; a Tentative Parcel Map; a Development Plan for Four Commercial Structures; a Conditional Use Permit for a Drive-Thru Facility; a conditional Use Permit for a Gas Station; a Sign Program; and a Development Plan for a Fitness Facility (Collectively the "Project"). The Project will. Include an Environmental Impact Report with Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. The Project is Generally Located at the Northwest Corner of La Paz Road and Temecula Parkway (Planning Application Nos. PA I4-2858, PAI4-01 , PAI -2708, PA14-2707, P 14- 710, PAI4-2709, P 1 -0985, and PA16-0090) PREPARED BY: Eric Jones, Associate Planner RECOMMENDATION: That the City Council conduct a Public Hearing and Adopt a resolution entitled: RESOLUTION No. 16- A- A I ESOLUTI N OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT T PI EPAI E[ FOR THE TEMECULA GATEWAY PROJECT, T, ADOPTIN ENVIRONMENTAL ONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING N IDEF ATI N AND ADOPTING A MITIGATION MONITORING AND REPORTING TINN PROGRAM FOR THE TEMECULA GATEWAY PROJECT (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) 2. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2858) 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-0167), AND AMENDING THE TEMECULA ZONING MAP 4. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2708) 5. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2709) 6. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2709) 7. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI6-0090) 8. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAIL STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THROUGH RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2707) 9. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 5-0985) SUMMARY OF ORDINANCE: An Ordinance for a zoning map amendment to revise the zoning designation from Professional Office (PO) to Planned Development Overlay 14 (PDO -14) on an 8.79 acre site located on the northwest corner of Temecula Parkway and La Paz Road. BACKGROUND: The proposed project will allow for the development of approximately 61,000 square feet of commercial space on an 8.79 acre site. The project will include a General Plan Amendment to revise the current General Plan designation from Professional Office (PO) to Community Commercial (CC), a Zone Change to revise the zoning designation from Professional Office (PO) to Planned Development Overlay 14 (PDO -14), a Conditional Use Permit for a combination gas station with convenience store selling alcohol (Type 20 license) and a car wash, a Conditional Use Permit to allow for a drive through facility, a Development Plan to allow for an approximately 37,000 square foot fitness facility, a Development Plan to allow for approximately 24,000 square feet of commercial space, and a sign program application to allow for consistent project signage. These applications are collectively known as the Gateway to Temecula. Staff presented the project to the Planning Commission on October 5, 2016, with the recommendation that the Planning Commission recommend City Council approval of the project subject to the Conditions of Approval and mitigation measures contained in the EIR. Two letters of opposition were received the day of the hearing and there were three public speakers for the project at the hearing. Two public speakers expressed support for the project and one speaker expressed opposition. The opposition speaker stated to the Commission that there are three areas his organization believed the EIR was deficient. First, the EIR states that the project does not purpose any uses that will require stationary or mobile sources of pollutants that idle or queue for long periods of time but does not provide evidence to support this statement. Second, the EIR analyzes waste generation for employees only. The speaker said the analysis should also include waste generated by patrons and deliveries, etc. Third, the speaker said there is no evidence that the Rancho California Water District has determined there will be adequate water to serve the project and that there was no water supply assessment prepared for the project. The speaker also indicated that these items and the full scope of their comments could be found in their letter that was submitted during the Draft EIR public comment period. This letter was reviewed by the consultant and responses were provided as part of the Final EIR. Commissioner Turley-Trejo also expressed concerns with the project. First, the monument sign on the corner of Temecula Parkway and La Paz Road needed revision. Commissioner Turley- Trejo believes that the sign should be revised to ensure the Gateway to Temecula lettering is placed in a prominent location near the top of the four panel sign. The applicant responded that they appreciated the comments but that they are unable to make changes to the sign due to leasing constraints. Second, Commissioner Turley-Trejo stated that the hours of operation for the car wash and coffee shop were a cause for concern. The applicant agreed to revise their originally proposed car wash hours from 7:00 a.m. — 10:00 p.m. to dawn until dusk. The proposed 24 hour coffee shop drive through was also a concern. The applicant indicated the Starbucks east of the project site is already operating with a 24 hour drive through. No further discussion on the drive through hours occurred. The applicant requested revisions to the Conditions of Approval. The first revision will allow the applicant to obtain Building Permits before recordation of the Final Map. Staff is in support of this revision. The original Condition of Approval is worded as follows: • "Prior to issuance of the first Building Permit, Parcel Map No. 36862 shall be approved and recorded." The condition has been revised as follows: • "Prior to issuance of the first Certificate of Occupancy, Parcel Map No. 36862 shall be approved and recorded" The applicant has also requested a change to the Conditions of Approval related to the public improvements at the La Paz Road and Ynez Road intersection. The original conditions are worded as follows: • "Public Street Improvements and Securities. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of the following alternatives at the intersection of La Paz Street and Ynez Road: Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits." • "Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational." The applicant is proposing to not construct either improvement at the intersection. The applicant is instead requesting to provide their fair share contribution for costs of the imrovements per the mitigation stipulated in the EIR. Staff is not in support of the proposed revisions because the traffic impact analysis prepared for the EIR indicates that one of these options listed above will be required at Opening Year Plus Project conditions. Staff recommends no changes to the conditions. The applicant has also made a recent revision to the plans concerning vehicular access to the site. The applicant has proposed to realign their access so that it lines up with Bedford Court. Staff is in support of this revision. The revision will allow CalTrans to accept the intersection improvements and avoid the need for a split phase signal at the intersection for Bedford Court and the Gateway drive aisles. The revision will also improve the operation of the intersection and Temecula Parkway corridor. Five parking spaces and a WQMP basin will be relocated to accommodate the revisions. The drive aisle median width will also be revised from a six foot planted median to a 4 foot cobble stone median. This change was made after the October 5, 2016 Planning Commission hearing and as a result was not reviewed by the Commission. FISCAL IMPACT: None ENVIRONMENTAL: A Draft Environmental Impact Report concerning the Project was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The City Council must certify a Final Environmental Impact Report for the Project, including Findings of Facts in Support of Findings, a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for noise impacts related to temporary construction, greenhouse gas emissions, and traffic on the northbound and southbound Interstate 15 on - ramps. ATTACHMENTS: 1. Plan Reductions 2. City Council Resolution Certifying Environmental Impact Report, Adopting Mitigation Monitoring and Reporting Program and Adopting Statement of Overriding Considerations with Exhibit A, B, and C 3. City Council Resolution General Plan Amendment with Exhibit A 4. City Council Ordinance Zone Change/Planned Development Overlay with Exhibit A and B 5. City Council Resolution Tentative Parcel Map with Exhibit A 6. City Council Resolution Conditional Use Permit (Gas Station, Alcohol Sales, Car Wash) with Exhibit A 7. City Council Resolution Conditional Use Permit (Drive Through) with Exhibit A 8. City Council Resolution Development Plan (Planning Area 1) with Exhibit A 9. City Council Resolution Development Plan (Planning Area 2) with Exhibit A 10. City Council Resolution Sign Program with Exhibit A 11. Planning Commission Resolution Recommending Certification of the Prepared EIR 12. Planning Commission Resolution Recommending Approval of a General Plan Amendment 13. Planning Commission Resolution Recommending Approval for a Zone Change/Planned Development Overlay 14. Planning Commission Resolution Recommending Approval for a Tentative Parcel Map 15. Planning Commission Resolution Recommending Approval for a Conditional Use Permit (Gas Station, Alcohol Sales, Car Wash) 16. Planning Commission Resolution Recommending Approval for Conditional Use Permit (Drive Through) 17. Planning Commission Resolution Recommending Approval for a Development Plan (Planning Area 1) 18. Planning Commission Resolution Recommending Approval for a Development Plan (Planning Area 2) 19. Planning Commission Resolution Recommending Approval for a Sign Program 20. Planning Commission Staff Report of October 5, 2016 21. Draft EIR — On File in the Planning Department 22. Final Environmental Impact Report 23. Public Correspondence 24. Notice of Public Hearing 2,2;:c7To -,,,2:131 2 MB: 56/63-66 ZONE: VL LAND USE: VL GRAPHIC SCALE 40 20 40 80 120 1 1LT FEE4TO ) ft GATEWAY TO TE ECULA TENTATIVE PARCEL MAP 36 62 PA14-270 IN THE CITY OF TEMECULA, STATE OF CALIFORNIA 922-160-21 TRACT #: 3352 MB:56/63-66 ---- .---"-:------ '''''---,t -----'----- ZONE: VL - ---------__ -------- ----------, - ----..... ' -----„. LAND USE: VL ------. i -----------_ ----------- -\-------- ------_,'------- 1---: ---- --------___ '-''s\ - - - _ _ -------*- ------ ---------- ,_BE -----,___ --_____--- ,-, ------- ///://----________ .-,. ------- ------___/,,-- ----- / -_, ----_. -----. ----. i / )639,-4, TO REMAIN LINE TABLE BEARING DISTANCE 2 N3154'08, N5E05'52, N82.25'25, N56905'52, N36.53'00, N35.53'00, N49939'24, N31225'09, N78933203, 26' 27' 27' 30' 20' 85' 22' 2 / / / / / / / / / / / / / / / / / / / • ANDONED N 57°42'57" W11145 PLIft. ........... VAT, N 56°05'53" W 160.43' 96-486266 O. O.R. .... N 56°05'55" VV 140.38' 96-486266 O. . e / WiF — ZONE: VL -.LAND_LJSB:VL 4 I y &Op, 6-64 I 1 8 PROP TO! BE l ABO(NDONED 11•••MWD, I HEADWALL' 1 EX I ----le- 4/MMEM3,;:, N 55-09'00" VV 129.93' (" P77:' 2: st•Te'-- 55'9 N 55°09'00" W 129.93' oN, •=w-- -\-FREC''LAIL ATERX _ .rM...— 12" TITI- - —0077X " — — — —N 60°1755" W 755.78' ioswTo — EX 30" WL EX 36" WLw ,T,EX N47908'17, N42.55'24, N47904'361 N43/30'30, N47.04'36, N42.53'12, N47905'52, N31905'09, N50.11,9E 22' 37' 18' 24' 24' 4' 2 0 I 0' tif TRACT #: 3552 B: 56/63-66 NE: VL L ND US : VL 1 *4 4 17 44 SYMBOLS LEGEND: EXISTING MAJOR CONTOURS ------- _ _ " EXISTING MINOR CONTOURS BOUNDARY LINE PROPOSED PARCEL LINES EXISTING PARCEL LINES CENTERLINE — — — — PROPOSED EASEMENT LINE — — — — EXISTING EASEMENT LINE — — — — EXISTING WATER - — — - EXISTING SEWER - — — - EXISTNG TELEPHONE EXISTING ELECTRICAL EXISTING GAS - — — - EXISTING TELEVISION LEGEND: Ac APN SSESSORS PARCEL NUMBER C/L CENTERLNE C&C CUF,B AND GUTTEF, EX . EXISTN FH FIRE HYDRANT FM FORCE H HI H rHAT .................. rHAIXTY ST ................. MANH O.R. OFFICIAL RECORD P/L . PROPERTY LINE PM .... PARCEL MAP OFFCES RICHT-OF-WAY STORM DRAN SQUARE FEET TENTATNE PARCEL VEF,Y LOW DENSITY RESIDENTIAL . WATER LNE '[Fpm • .1 1,6To-o • 52 8: 56/63 66 E:VL LAND/USE. 0 %ft DENOTES RESTRICTED ACCESS DENOTES EXISTNG TREE 6'392:9.0 4199 -/3— 1 A=38.3849' R=14.00' L=21.17' BE ABANDONED / A 3°063 " R-9071.00' L=492.20' 8 1 6284 O. — T_ENIL/07ARKWAY 2=3°0632" R=9 0.00 L=488.34' CALTRANS 0 0 oppgar _ asm. EASEMENT NOTES: EAN• jEc_:15NEI-ITREso FiFa"'DIETOIRICARTTROF To ipoT I.E s • VAXAAV/ITs3oF, 796uTILATIEIsNsITNRuDZT Rg.°ReD7E3D3, A-'2'Eim.,E,N9/sAsF7,,=-1/rNsi Ir,',,°E4E6D347,ca7. ED — AvaEGmERNErGsoRFG°ERG rEERRPuuARRPy°n °1597P6U5AC UTILITIES INSTRUMENT NO. 25717, O.R. TZIMMENSTUMETE SURVEY INFORMATION. ALL MEASUREMENTS NOT BE RELIED ON FOR CONSTRUCTION PURPOSES. R/W PC RstrAloSvED SIDEWALK EXISTING 922 -210 -05Q ---- — , II \ l'_(-A)NEE;UHSE: EASEMENTS F R PUBLIC UTILITIES AND INGRESS, EGRESS D2E,E9D44E,CIDED JUNE 28, 1995 AS INSTRUMENT NO. VOSSEEMEONF2 P°URBLT1r1L171RE°311A°NESME5NTATN'DIE RECCDIENDCIDENTAL -TAEIDETTRAT HN A°ENFE2C11[1 SAID LAND. EJAA,7,1v1AVTs30F79,u'l-TslEisNstuDr„UT Rg°77E3°, 0 , 134' CA EXISTING ROW 5r w_ lirairmom l'TY OF _ 2984 — — — 4. pw 98 16285 O.R. w — CZ 0 I—, Ckf I C:) o v/4/1 `c4jcc3 A-2.'E1r\/19EETSAS5°I,%,j1,ng-IEENT illIODEZ349E,CRRDE5 MAY EASEMENTS FOR THE PUF,POSE OF PUBLIC UTUTIES DEED RECOF,DED OCTOBER 28, 1975 AS IN T NO. 133279, O.R. EASEMENTS FOR PUBLC UTILMIES AND INGE,ESS, AIENGsRTERsus,,,EDNETEDN cR.Ec2=, tj.NR 2 1995 AS EASEMENTS FOR PUBLIC ROAD AND UTILITY USES AENJEDEDi 1,MRD,T, JANUARY 16, 1998 AS INSTRUMENT R/w PROP EX R/W R/W 6. BL 110' EXISTING ROADWAY 12' 12' 12' 12' 6' 6' EX PVIVIT AND BASE C&G TYP. SECTION TEMECULA PKWY (HIGHWAY 79 SOUTH) PROPOSED 8 LANE STRIPING/122' SECTION COT STD 100B URBAN ARTERIAL STA: 105+00 - 110N+007g 112+70 - 117+47 _ • PM:,/49 ZONE: HT 26osE4:7 PROPOSED EASEMENT NOTES: M PRIVATE DRAINAGE EASEMENT 111 PRIVATE WOMP BASIN EASEMENT EARTHWORK QUANTITIES: EARTHWORK QUANTITIES: EXTS=ALK LOVED IMPORT / EXPORT 0 CUBC YARDS. EX,1,7,r 818, Amm MB: 107/3-4 ZONE: H LAND USE: H _N 57°11'02" W 79.07 EX 20" CML&C ,ECSIRED r9i4 As, 11 111 g, VICINITY MAP 922-igo-o37 1CFRACT #:3552 / TOTAL 382,985 S F 8 79 ACRES V TOTAL NET AREA: ,,LAND USE: VL THOW.B.SPOT,PAGEP,A.M SEC. 18, T8S, R2W SEC. 13, T8S, R3W NOT -TO -SCALE ASSESSORS PARCEL NUMBER: 922-170-012 TO 016 LEGAL DESCRIPTION: LOTS 1,2,3 AND 4 OF TRACT NO. 3750 MB 59, PAGE 100, & PER LLA (PA16-0083) EXISTING ZONING: PROFESSIONAL OFFICE (PO) EXISTING GENERAL PLAN DESIGNATION: PROFESSIONAL OFFICE (PO) PROPOSED ZONING: COMMUNITY COMMERCIAL (CC) / P.D.0 14 PROPOSED GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) EXISTING LAND USE: VACANT LAND PROPOSED LAND USE: RETAIL AND COMMUNITY COMMERCIAL DEVELOPMENT TOTAL GROSS AREA: S.F. ACRES PARCEL 1 160,487 S.F. 3.68 ACRES PARCEL 2 43,477 S.F. 1.00 ACRES PARCEL 3 55,556 s,F, 1.27 ACRES PARCEL 4 56,921 S.F. 1.31 ACRES PARCEL 5 32,667 S.F. 0.75 ACRES PARCEL 6 33,877 S.F. 0.78 ACRES S F PARCEL 1 160,487 S.F. PARCEL 2 43,477 S.F. PARCEL 3 53,469 S.F. PARCEL 4 56,363 S.F. PARCEL 5 32,667 S.F. PARCEL 6 33,877 S.F. 5" 5" 50:5025 AA= LOT A LOT B 2,087 S.F. ACRES 3.68 ACRES 1.00 ACRES 1.22 ACRES 1.29 ACRES 0.75 ACRES 0.78 ACRES irAlC9-r°#(15,4 METHOD OF SEWAGE'D2I'S9POSsAFL I,. Z/g-87 unllEXTIISETIsNG PUBLIC SEVVER LINE IND USE: PO 2-wrEER, nw, EX 24" WL GAS . . SCr 11)111111:47.": ' H M1,7;7366,6 '11C)FORDI-EliC:lTIETs7 2,:l NRiVENt'lu IDE, RATE MB: 37/86-87 CALIFORNIA. PANEL NO. 06065C3285G ULA D SE: PO NE' P° PROJECT NAME: 12" WL FLOOD ZONE DESIGNATION: M2ggN......1 \NEON CABLE ........... TIME WARNER lilt GATEWAY TO TEMECULA NOTE: 8.79 ACRES 31.75' N57 1923'w 149.24' EXISTING R/W 1 8'' SEWER \ TRACT #:48o7\ MB: 78/69-7o ZONE: H LAND USE: H 44' ± 44' 34' gICTP'C&G 34' 14 12' 28' EX,_PyMT,,AND BASE EXIST. C&G TYP. SECTION LA PAZ ST (EXISTING) COT STD 102 SECONDARY ARTERIAL NO SCA. 67' R/W 14' 6' 12' 12' 12' 12' 12' 12' 12' 12' "RIES7 2% =`=. ------------- -------- EX. PVMT AND BASE--/ EXIST. C&G TYP. SECTION TEMECULA PKWY (HIGHWAY 79 SOUTH) PROPOSED 8 LANE STRIPING W/RIGHT TURN LANE/130' SECTION COT STD 100B URBAN ARTERIAL STA: 110+00 - 112+70 ANP8gWALK PROP. RIGHT TADDT4NE C/L 6 - ENTIRE PROPER, LOCATED IN COUNTY FAULT ZONE AND 1/2 MILE AWAY FROM WILLARD FAULT MODERATE LIQUEFACTION POTENTIAL -=1,4-RTLM* LIF2_L= TINRE CONTIGUOUS nEAD?N'GN'AENPJ NA(F:,,,ETAM,ZrosCEODMMUNITY SERVICES DISTRICT 2INJA-XE BSATS°I FTIVZESLYYSTMEZIN '1'alrER LANDSCAPING IS PROPFOr) 1,1;IF T1,-,v1E,CFLI:NDscApiNG rLITIESPFMAVIII0 BY THE PROPERTY OWNER. E IE1EPVMT AND TYP. SECTION VALLEJO AVE CITY OF TEMECULA STD. TgAsMZIFIED) TRAIL p orpTAi]IDMECE PLAN MAP PREPARED: MAY 2, 2016 OWNER/APPLICANT B&P OIL SERVICES, INC. / PACIFIC REAL ESTATE C/O TDNY DEHBDZORGI 886 OAK VALLEY PARKWAY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 NO DATE REVISION ENGINEER: 02/03/15 REVISED PER DRC COMMENTS 2 06/25/15 10/15/15 MZE 5 12/15/15 03/03/16 07/20/16 M REVISED PER DRC COMMENTS M • IVIG MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Enterprise Chle N. - Suite B Temecula, California 92590 (951) 296-3466 TEL (El) 296-3476 FAX C-1 ,Projects \ 152.~.=°MASTE^~~AMAP,M \ 15..~. .TPM.d.g,==~~~ FITNESS 1 Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 3161 Michelson Dr. Ste.600 Irvine, CA 92612 (949) 256 7296 Perspective Rendering 2015-607 Architects Orange 2016-08-12 144 North Orange St, Orange, CA 92866 714) 639 MO VALEtEJO 'AVE. ILI X. all. 1 Proposed LA Fitness (37.000 SF) Ir PARCEL 1 — • Niiimm, LAI FITNESS. 3161 Michelson Dr. Ste.600 Irvine. CA 92612 (949) 255 7296 J 11 PARCEL 2 lj r` 1.11,IMMINNIO FUTURE PAD PROJECT I NFOMATION LEGAL DESCRIPTION PARCELS 1 & 2 OF TPM 36662 LOTS 1 & 2 MB 5911001 ASSESSORS PARCEL NUMBER 922-170-012 & 922-170-013 ADDRESS: T.B.D. 20NIG ZONING P00-14 GENERAL PLAN DESIGNATION: COMMUNITY COMMERC IAL PROPOSED LAND USE HEALTH CLUB EXISTING LAND USE VACANT TOTAL GROSS AREA; PARCEL 1-180,589 SF { 3_89 AC) PARCEL 2- 43,398 SF ( 1.00 AC) TOTAL NET AREA. PARCEL 1 • 3.69 ACRES PARCEL 2 • 1.03 ACRE PARCEL 1 TOTAL BUILDING AREA. 37,000 SF PARCEL 1 LOT COVERAGE: BUILDING AREA 31.000 $P 23% PAR K I NG AREA . 83,552 SF 52% LANDSCAPE ARE0:1,,: 40,184 $F 25% PARKING PARKING PROVIDED. 299 STALLS NO. OF HC SPACES 8 STALLS PARKJNG REQD1 LA FITNESS@ 500001 185 STALLS PARKING RATIO: (PARCEL 1 & PARCEL 21 8 03.1000 PARCEL 1 FLOOR AREA RATIO: 0. 23% OCCUPANCY CLASS1 F !CATION. A-3 TYPE OF CONST RUCT ION 61.6 FULLY S PR I NIKL E RED YES NUMBER OF STORIES; ONE HEIGHT OF SU I WING 24.-0` (TOP OF PARAPET) Site Plan Prepared; 01-14-16 SITE --441101* VICINITY MAP Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SCALE: 1" 40%0' j I I Preliminary Site Plan 2015-607 2016-10-28 Architects Orange 144 North Orange St. Orange, CA 92866 (714) 69 9890 ORCUPARCT IFF4 FACTOR Atr/MO., ours RE.O FACTOR Exaeo>� 6wff WE,T�II= Asl10AA1 ARRA {A,. FACTOR EUTIROGA, RIMa� fA1TIlRE WHIR FACTOR FOTO IRMA OIIIOW'AMCV N.ACISWI 1-ANIH WWI A9 i1MR,., sar RIaRM6I AIMS WHIR oor�casRrA COMII'RAIW rsu�ApFa k1.CITMt ,ucurnlrc 1 -AMI RHO, ASIA O. RASO I�L.IIIOG TC RA. WIWR FACTO. RN ART 6WHIC ANWE OLCI.�ART:, ss iW .01 iM.1I IYA .11 SM. COATFART. Ir SM%J'R14WII11 rWIR 4FY01 IN IIWMIAO rpS11JMR 00411. S1t.1tw. 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Roar Plan Floichad Symbol at Baalteltall arid A6136021, `▪ MOEPPOU UL decreased 21Y b$aw tyPfull pod Wird k' Is*weaned contrido slab In amide imele r141'bl Wad &KIT' . RSA- � # KRIS ll ciawakiat P■d awe 1,6, h w tylicel ims# Wahl los mos iontolnra PLAYTILIE padisi copton. Vs* r PIM rribol at Poor and Show Aran • b cr.it area try kr- '1=5+ daaaed alb bdow [y p help! tire ams DCR•gs 1 Ixpor cr ped equipment morn and ryd out for 25 I.3 Zane peel dor futsh wags depth t f 4 - 'Wm -of. olit ts4 iir Sps kr h NOTE 1. I rd to provide ow requited tamps, BMs lenclaws and rods regmeacl at walkways mend to blinding for td, Concept Floor Plan Ground Floor Area -37,000 SF AI=' Oe s l Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SCALE: 1/16-=1Ta0' -- 144 North Orange t. Orange, CA 92866 (714) 639 2015-607 Arc hit[ cts Orange 201646-12 ii m ± 1018 A 7AFIAPET 0 ROOF SLOPE ROOF SLOPE "IN I '00 El :A rrr N S 3 3111 M ace 7226 Roof Plan ROOF 1 -,OPE Site Section B -B 42_,cr 1- rApE • L. alp +NWT romwer Sign (PARKING) =16 81011 3d View Metal Railing al ReI8!mr. WPP Site Section A -A Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SALE: 1 9 Level) 14 1 van.liii,Ave. IFIN.11-1XN Roof Plan and Site Section 37 44' 2015-607 Arc hitects Orange 2016-M-12 ir 144 North Orange St. Orange, CA 92866 (714) 639 %BO .1.1E10 AVE BOON D 15 191.919 10 11 12 SOUTH ELEVATION 17 14 17 NORTH ELEVATION EAST ELEVATION VALLEJO AvE. 011353) WEST ELEVATION LA 1 FITNESS. 3161 Michelson Dr_ $te.600 Irvine, CA 92612 (949) 255 7296 15 PARK/NG COLOR I MATERIAL PALETTE 1 2 MERLEX STUCCO SANTA BARBARA SMOOTH COLOR DESERT BEIGE 5 BOARD AND ELOTTEN SIDING COLOR. SANDSTONE 8 VERTICAL STAMDING SEAM METAL AWNING COLOR: PARCHMENT 12 GOOSENECK LICHTINGS PER OENTERSTOS 16 1,A FITNUS SIONAGE q1r4Q1VICI.LIA1. 1.11 IR IG PULLIMINATED) ERLEX STUCCO SANTA BARBARA SMOOTF: FINISF COLOR: FLINTRIDGE 6 WOOD SLATS COLOR TO MATCH RETAILIR,JILDING. WOOD. COLOR 9 CORTEN STEEL 13 .CREEN SCREEN" METAL TRELLIS FRAMES POW NMI II -DPW. DWI CP 0/4 PAIATWIT AMT.. Tie MOD KSOPPo 430 2 QL—tr_ ELEVATiON TYP 3 tilER.LEX STUCCO SANTA BARBARA SL1OOTTI FINIS -1 COLOR: MOONSHIADON 7 CLEM. GLAZING WiTH CLEAR ALUOAINUM STORE FRONT SYSTEM 10 4 ERL EX STUCCO SANTA BARBARA sroom- — FINISH COLOR: TERRACOTTA 11 HOR1ZONTAL SEAM STUCCO FINISH BUTTED BOARD SiDiNO CAST IN PLACE COLOR SABLE BROWN CONCRETE 14 NMI Fain ME -S1 avy GLASS BLOCK VYINDOWS PER PROTOTYPE 15 'CORTER STEEL STEEL. FRAMES 17 18 19 STEEL DOOR 'WOOD TRUSS WOOO BRACKET ir—tr FRONT ELEVATION ToP. TRASH ENCLOSURE ELEVATIONS SCALE 21r.1.—o• 1Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SCALE: 1/16" r -OT I I I II' 1E Concept Elevations r2 2015-607 Architects Orange 2016-03-12 ir 144 North Orange St, Orange, CA 92866 (714) 639 €860 SOUTH ELEVATION 17 2 14 17 .1 F.10 AVE. L 1 1 L L L 1 NORTH ELEVATION 10 16 17 12 13 EAST ELEVATION 15 WEST ELEVATION COLOR MATERIAL PALETTE 2 3 4 MERLEX STUCCO MERLEX STUCCO MERLEX STUCCO M E RL EX STUCCO SANTA BARBARA SMOOTH SANTA BARBARA SMOOTF SANTA BARBARA SmooTHI SANTA BARBARA SMOOT - FINISH FINISI- FINIS -1 FINISH COLOR: DESERT BEIGE COLOR: FLINTRIDGE COLOR: MOONSHADOW COLOR: TERRACOTTA 5 6 7 BOAP E, AND BUTTEN WOOD SLATS CLEAR GLAZING WITH SIDING COLOR: TO MATCH GLEARALJMIN(JB COLOR: SANDSTONE RETAIL BUILDING- STORE FRONT SYSTEM WOOD COLOR. 8 VERTICAL 'STANDING SEAM hi ETAL AWNING COLOR: PARCHMENT 12 COTEN STEEL 10 11 HOR2ONTAL SEAM STUCCO FINISH, BUTTED BOARD SIDING CAST EN ?LACE COLOR: SABLE BROWN CONCRETE 13 14 15 (MOSENECK 'GREEN SCREEN" 8`1,.8' GLASS BLOCK 'COR7=R STEEL' LECH-TAGS METALTRELLIS FRAMES SA IN BOWS STEEL FRAMES PER CENTER STEM PER PROTOTYPE 16 LI FITNESS SIGNAGE INDIVILUAL [511118 SIGN- I LUAU NATED) 17 STEEL DOOR 18 19 WOOD BRACKET SIDE ELEVATION TYP. TRASH ENCLOSURE ELEVATIONS SCALE 3.16-.1.41. 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"41 *13....VIAMA. W74174 1 32 *2 1,10 1443 1.341. 17 02' 2.1.4 411 ▪ 2.2 4,7 124 145 14* 2.1 iv! 7,73 135125 27 134 343 • 1,1 1..61 .242 Arde,111. 1104.74*2 Aar, 4414.11 Frea_ZI Uric Cf. 4;." ▪ 1. 24 *7 2.129 • 1 Are 12 4,4 1,7 131 I )7 41 141 Fc 245 1.5 11 22 143 24 ▪ 1 Ail SU • 7-1 as 74, 127. tit *47 2.4; 141* • 4 r a•.3 *7 143 2.12 F. I3 (VP 13 1AS 13' 1.1 .112 222 7.4) Fc 24. 4.9. 1.0 IV 1410* 41.1‘4. 5 gd.04 ILITirlOrer IS Whop,. • 11.11 4,7 74 1.76 137 41 444 R4 13 144 141 • 4.11 P4 CI 1.110 22, 11.1.1113. ',trimmed WI. V, 1177 71 I A W.' 41 L A FITNESS. .mm011 Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 scALE,i- =40%0- 1 144 North Orange St. Orange, CA 92866 (714) 639 MO • 31811 lillohillet Dm. 66000 kW* CA 92612 (94i) 265 -296 PAM 4,41414C1 Fc 1,44 24 05 IN LS kr 1 AI 2 0.6 I , 74.4 Ft 14 4,7 *7 111 7 14 IVO WM, WWI MA- eiticdcica MD 11 Isa3416-47.7- ▪ 41.9oD rim Were. sienpar—.7.7, Photometric Plan 57 133 2015-607 Architects Orange 2016-C6-12 SYMBOLS LEGEND: EXISTING MAJOR CONTOURS EXISTING MINOR CONTOURS BOUNDARY LINE PROP BUILDING BOUNDARY CENTERLINE — EASEMENT LINE — w w — EXISTING WATER — s s — EXISTING SEWER // 30 1 (incIN ) h = F3EET0 „ PROPOSED WATER LINE PROPOSED SEWER LINE DENOTES RESTRICTED ACCESS PARKING LOT LIGHTS GRAPHIC SCALE 15 30 60 90 LEGEND: AC ADA ...... APN ..... AV/AR .. CONC ...... COT .. EMWD PHA TIC CONCRETE HANDICAP ITEMS ASSESSORS PARCEL NUMBER AIR VACUUM/AIR RELEASE VALVE . CENTERLINE OF TEMUL ERN MUNIECCIPAAL WATER DISTRICT FH ... .. FIRE HYDRANT HV ... .... HORIZONTAL AND VERTICAL SCALE ICV ... ... IRRIGATION CONTROL VALVE Ls LANDsc LU .................. LAND USEAPE AREAS MB .. ... MAP BOOK / MH ... ..... MANHOLE MON ...SUVEY MONUMENT P/L .. .. PROPERTY LINE PM ... ... PARCEL MAP /� PP ... ... POWER POLE SET RIGHBACKS �/OFWAY ' SB ........... SF .................. SQUARE FEET SPC ........__.... PARKING SPACES e - LA FITNESS CONCEPTUAL GRADING PLAN EXHIBIT "A" ATO o ° /10227FL. TENSAR SIERRA SCAPE/ ROCK WALL FF=1024.47 PAD= 1023.8 TE STRESS PAD STD................ STANDARD CT MAP 0 PARCEL 1 /e� �`mrNG 4 TOE OF TENSAR SIERRA SCAPE PLANTED WALL TO BE ABANODNEpR! 023.2TC 1o22.7FS/ ITO BE�, ABANDONED, PAb=1019.1019.05 l FF= 102 .OTO C �� 1019.5FS TO REMAIN /4 /2 TO REMAIN NDBE ONED `{\ 1ozo.alc r� 1 1019.9FL lfT—_ N 57°42'57" W 111.40' 1019.8TC 1019.3F5 FF=1020.3 PAD=1019.8 B N 56°05'53" W 160.43--__'_:�_ �� °05'5 - _ N 56'05'55" W 140.38' . 09' » _— N 55°09'00" W 129.93 W �W—EX 20 CML&C RECLAIMED w +00 WATEIr— 10,00 109+00 EX. '2" SD -SEX CE 10 EX 30" WL EX 36'. WL -w R/W 1050 1040 1030 1020 1010 OUND4 PROP. C F1R4B-�� SECTION A -A c� a z a a VICINITY MAP THOMAS BROS (20101 PAGE 979-A2 N A3 SEC. 18, TBS, R2W SEC. 13, TBS, R3W DATA TABLE: 1.) ASSESSOR'S PARCEL NOS.: 922-170-012 & D13 o a J a _ 2.) PROJECT NAME: LA FITNESS NOT -TO -SCALE ,S, SCALE: 1 "=20'HV SECTION B -B } a a a 3 U w � >_ U 1030 1020 1010 1000 1050 1040 1030 1020 � N a SCALE: 1 "=20'HV SECTION C -C z �, a Y • via oa z a PROP GR EX. GROUND o ~ z w a � a � vUi a o a Z U EX. GROUND SCALE: 1 "=20'HV SECTION D -D EX. GROUND TENSAR SIERRA SCAPE \ PLANTED WALL PROP. GROUND 1030- PROP. GROUND 1020- EX. GROUND EXISTING R/W SCALE: 1 "=20'HV SECTION E -E TRADG IL VALLEJO AVE TENROCSAK RWASILLERRA SCAPE SCALE: 1 "=20'HV C/L 66' EXIS/WTING R 33' 21'-22' 10' 7f 4' 29 2% 2% r— -- ���/�B4SE VMT 81,D ON; \`����iyt TYP. SECTION VALLEJO AVE CITY OF TEMECULA STD. 103A (MODIFIED) NO SCALE TRAIL VARIES C/L 3) LEGAL DESCRIPTION: PARCELS 1 AND 2 OF TPM 36862, UNDERLYING MAP MB 59/PG 100 & LLA (PA16-0083) 4.) EARTHWORK QUANTITIES: 15,000 CUBIC YARDS CUT 15,000 CUBIC YARDS FILL IMPORT = D CUBIC YARDS. 5.) SOURCE OF TOPOGRAPHY: AERIAL TOPO BY AEROTECH MAPPING, DATED JUNE 12, 2014. 6.) THOR FLOIS PROODWAPERTY IS NOT WITHIN A FEMA FLOODPLAIN 7.) SEEORM DRAIN WQMP SITE PLAN FOR EXISTING AND PROPOSED ST 8.) ENTIRE PROPERTY LOCATED IN COUNTY FAULT ZONE AND 1/2 MILE AWAY FROM WILLARD FAULT 9.) LANDSCAPING IS PROPOSED IN THE CITY RIGHT-OF-WAY. CITY RIGHT-OF-WAY LANDSCAPING WILL BE MAINTAINED BY THE PROPERTY OWNER. EASEMENT NOTES: EASEMENTS FOR THE PURPOSE OF PUBLIC UTILITI • AND RIGHTS INCIDENTAL THERETO ' DELINEATED AS OFFERED FOR DEDICATION ON TRACT MAP N0. 3750. • EASEMENTS FOR UTILITIES IN DEED RECORDED JANUARY 30, 969 AS INSTRUMENT N0. 9733, O.R. EASEMENTS FOR UTILITIES IN DEED RECORDED MAY 3 12, 1969 AS INSTRUMENT 0. 46349, OR. EASEMENTS FOR THE PURPOSE OF PUBLIC UTILITIES DEED RECORDED FEBRUARY 27, 1976 AS INSTRUMENT N0. 25717, O.R. EASEMENTS FOR PUBLIC UTILITIES ANU NGRESS, EGRESS DEED RECORDED JUNE 28, 1995 AS INSTRUMENT N0. 209444, O.R. AN EASEMENT OR OTHER PROVISIONS FOR THE 6 PURPOSE OF PUBLIC UTILITIES EASEMENT AND RIGHTS INCIDENTAL THERETO As SHOWN ON THE RECORDED MAP OF SAID TRACT, WHICH AFFECTS SAID LAND. • EASEMENTS FOR UTILITIES IN DEED RECORDED JANUARY 30, 1969 AS INSTRUMENT N0. 9733, O.R. • EASER UTILITIEEED O 12, 1MENTS969 Asr FOINSTRUMENT S IN 0. D 46349, RECORRDED MAY EASEMENTS FOR PUBLIC UTILITIES AND INGRESS, EES Co, JUS INSTRUMENTGRSDEED N0REC09444, NE R. 28, 1995 A PROPOSED 6' HIGH WALL PROP 2 RAIL FENCE R/W 6' 12' 12' 12' 12' 14' 12' 12' 12' 12' r BL 2% PRAO T�, i.`., --------------- C&G ND SIDEWALK / EX. PVMT AND BASE 8.8 THIS MAP I S BASED ON RECORD DA TA AND SHOULD NOT BE RELIED UPON FOR ACCURATE SURVEY INFORMATION. ALL MEASUREMENTS SHALL BE FIELD VERIFIED BY PERSONS AUTHORIZED TO PERFORM SUCH WORK. ANY DESIGN INFORMATION SHOWN ON THIS PLAN IS CONCEPTUAL IN NATUREAND SHALL NOT BE RELIED ON FOR CONSTRUCTION PURPOSES. ='\--C&G EXIST AND TYP. SECTION TEMECULA PKWY (HIGHWAY 79 SOUTH) EXISTING C&G SIDEWALK EXISTING PAVEMENT 110' CURB TO CURB WITH PROPOSED 8 LANE STRIPING COT STD 100B URBAN ARTERIAL NO SCALE STA: 105+00 - 110+50 -- e, -- ds ------ ' I= IN I I �i - d= -s-=_' ----- I I LINE TABLE O BEARING DISTANCE N33.54'08, N56.05'52, N82.25'25, N56`05 52' W N36°53 00' E N36.53 00' E N49°39 24, N31.05'091 N78.33'03, 26' 27' 27' 9' 39' 30' 20' 85' 22' N4708'17" E N42°55'24" E N47°04'36, N43.30'30" E N47.04'36"E 22' 37' 24' 24' N42.53'121 N47°05'52" E N31.05'09, N50°11' 19E 4' 0' 1 0' OWNER/APPLICANT B&P OIL SERVICES, INC. / PACIFIC REAL ESTATE C/0 TONY DEHBOZORGI 886 OAK VALLEY PARKWAY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 N0. DATE REVISION DB -16-16 REVISED PER COMMENT LETTER D6-23-16 ENGINEER: nil NIG. MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Enterprise Circle N. — Suite B Temecula, California 92590 (951) 296-3466 TEL (951) 296-3476 FAX C-1 of 1 APN #922-170-013 PA 16-0090 DP CONCEPT CRAKE.,, 10/26/2016 SHEETS \ MAP \TM\1526.002 BENE OZORCI NOTES 1. ALL PLANTING AND IRRIGATION SHALL CONFORM TO THE CITY OF TEMECULA WATER EFFlCIENCY ORDINANCE 17.32. 2. AN IRRIGATION SYSTEM SHALL B£ UTILIZED FOR THIS PRA/ECT PER THE CITY OF TEMECULA S WATER CONSERVATION ORDINANCE. 3. ALL MATURE PLANTING SHALL NOT INTERFERE WITH UTILITY LINES OR TRAFFIC SITE LINES. 4. ALL UTILITIES SHALL B£ SCREENED W/ PLANTING Trp. 5. CONTACT CITY FOR ALL REQUIRED INSPECTIONS OF B' AWAY FROM FIR£ HYDRANTS & FIRE DEPARTMENT SPRINKLER STANDPIPE CONNECTIONS. 7. A MINIMUM OF 1 TREE PER 30 LINEAL FEET OF STREET FRONTAGE IS REQUIRED. PALELR TTRESSCSEHLCLLEBA£RAPNCRQUOREEINDS.OVERHEAD PWER LINES ALL AREAS SHALL CONFORM TO THE CRY OF TEMECULA CITY—WIDE DESIGN GUIDELINES AND PDO REQUIREMENTS 10. ALL LANDSCAPE AREAS SHALL BE MAINTAINED BY THE OWNER. 3" DEEP - INSTALLED IN ALL SHRUB PLANTING AREAS TYP. ENTIRE SITE AREA 203,987 SQ. FT. SLOPE LANDSCAPE AREA 15,792 SQ. LANDSCAPE AREA 46,180 SQ. TOTAL LANDSCAPE AREA 61,972 SQ. FT. 30% OF THE SITE LANDSCAPE AREA IN R.O.W. 38,016 SQ. FT. PREPARED FOR. B&P OIL SERVICES, INC/ PACIFIC REAL ESTATE AMIR & TONY DEHBOZORGI 886 OAK VALLEY PKWY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 JOB #14-113 8/8/2016 ALHAMBRA GROUP LANDSCAPE ARCHITECTURE California license #2017 RECREATION FACILITIES PLANNING 41635 Enterprise Circle North, Suite Temeculo, CA 92590 (951) 296-6802 FAX 296-6603 GATEWAY TO TEMECULA LA FITNESS PRELIMINARY PLANTING PLAN L-1 of 1 APN 4P922-170-013 PA 16-009 : : : : : 7 7 7 : 7 7 : 7 7 101 ran re Val rel re: 67 7 el 671 67 SI r WOW e Fel MOWS' ail relir ' ' ,preParit ' w ITS7?-1-63 1: , • - • \--% • ' VALLEJO ROAD wo-INVOWS11011,04: tJJ grigi :21IL 77,-.763.11=WACI-77-WTs.11Pcopm dfr PLANTING LEGEND SYMBOL let • • • • • • • NOT SHOWN • ABBREVIATION BOTANICAL NAME TREES: ARB. MAR. CHI. TAS. LAG. F. 'T.' OLE. E. .W.• QUE. SUB. SHRUBS: CAL. V. 'L.J.• HES. PAR. HET. ARB. ANA. FLA. PER. ATR. LEU. F. 'G.C.' SAL. GRE. VINES: WIS. SIN. DIS. BUC. FIC. REP. ARBUTUS MARINA LrAlrliGFEITJZLOI,slypBOTH SIDES OF CHITALPA TASHKENTENSIS LAGERSTROEMIA FAUERI 'TUSCARORA' OLEA EUROPEA .WILSONI• QUERCUS SUBER CALLISTEMON VIMINALIS 'LITTLE JOHN' HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ANAGOZANTHUS FLAVIDUS 'VELVET' PEROVSKIA ATRIPLICIFOLIA AGAVE 'SHARKSKIN' LEUCOPHYLLUM FRUTICOSUM 'GR. CLOUD' ROSA 'GREEN CARPET RED' SALVIA GREGGI WISTERIA SINENSIS DISTICTUS BUCCINITORIUS FCUS REPENS MULCH & GROUNDCOVER, VVOOD MULCH BAC. P. .P.P.• ji!1 Ale -4 6 .140. PARCEL 2 • -eoecv\,p, 064 lx•N( PROPOSED CONCRETE WALK TYP. EXISTING LANDSCAPE TO REMAIN PIrT0EgEDN &PLASJCin MIS MAINTAINED BY CALTKANS. PREPARED FOR, B&P OIL SERVICES, INC/ PACIFIC REAL ESTATE AMIR & TONY DEHBOZORGI 886 OAK VALLEY PKWY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 JOB #14-113 8/8/2016 FOREST BLEND WOOD MULCH BACCHARIS PILULARIS 'PIDGEON POINT' NOTES. tiL, PcLinir TVATEZ7gT, VAC,EcNTTR"Duac, 3, 2 IC' S EIFN I DT 15 NA') 1TL E TUETAII" " FE° IR" T E 'ILI,ESMAC,1 IVRTRARM'C'TVEEL'ItaLS N°T "VT"EERE WiTH 'MUT' 5. CONTACT CI, FOR ALL REQUIRED INSPECTIONS. FAI1FI:LYS ARC Y E,OELTSI;IAMICA'; N. IA A: UA; CI,U=EFINANTUDRANTS & FIRE DEPARTMENT SPRINKLER 7. A MINIMUM OF 7 TREE PER 30 LINEAL FEET OF STREET FRONTAGE IS REQUIRED. 1-7-7rElcsEHALLEBAERAPNL'c'ENTZQL`1,EAmvffs.'ERHEAD P°wER LilvEs B. ZaiN 21,LL,,,,TI=Eklg CI, OF TEMECULA CITY-WIDE DES6,1 10. ALL LANDSCAPE AREAS SHALL BE WIN,VNED BY THE OWNER. COMMON NAME ARBUTUS FLOWERING CHITALPA RED CRAPE MYRTLE FRUITLESS OLIVE CORK OAK DWARF BOTTLE BRUSH RED YUCCA TOYON KANGAROO PAWS RUSSAN SAGE SHARKSKIN AGAVE TEXAS RANGER RED GROUND COVER ROSE AUTUMN SAGE CHINESE WISTERIA RED TRUMPET VINE CREEPING FIG MEDIUM GRIND WOOD MULCH PROSTRATE COYOTE BUSH SIZE NUMBER REMARKS 2, BOX 24'. BOX 2, BOX 24•736.• BOX 24736.' BOX 5 GAL 5 GAL 5 GAL 1 GAL 5 GAL. 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 3'. MAX. 1 GAL SITE CALCULATIONS PARCEL 1 and 2 57 3/7 160 282 103 488 67 34 173 252 22 AS HQ,. 945 DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3.-4' MIN. DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3.-4' MIN. DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3.-4' MIN. DOUBLE STAKE /HEIGHT 8-10' , SPREAD 3.-4' MIN. DOUBLE STAKE / HEIGHT 10'-12 , SPREAD 5'-6' MIN. FULL & BUSHY 3' 0.C. FULL & BUSHY @ 3' 0.C. FULL & BUSHY @ 5. 0.C. FULL & BUSHY 3' 0.C. FULL & BUSHY 5. 0.C. FULL & BUSHY @ 5' 0.C. FULL & BUSHY 5' 0.C. FULL & BUSHY @ 3' 0.C. FULL & BUSHY 0 3' 0.C. ATTACH TO WALL (USE IN POTS BY TRELLISES) ATTACH TO WALL ATTACH TO WALL 3" DEEP - INSTALLED IN ALL SHRUB PLANTING AREAS TYP. TRIANGULAR SPACING 0 5' 0.C. ENTIRE SITE AREA SLOPE LANDSCAPE AREA LANDSCAPE AREA TOTAL LANDSCAPE AREA LANDSCAPE AREA IN R.O.W. 203,987 SQ. FT 15,792 SO. FT. 46,180 SQ. FT. 61,972 SO. FT 30% OF THE SITE 38,016 SQ. FT. 20 GRAPHIC SCALE 20 40 1 INCH = 20 F7. ALHAMBRA GROUP LANDSCAPE ARCHITECTURE California license /2017 RECREATION FACILITIES PLANNING Temecula', 1N5 9E2WINJ)r296'-'622 SuFA; S96-6803 GATEWAY TO TEMECULA LA FITNESS CONCEPTUAL COLOR PLANTING PLAN L-1 of 1 APN *922-170-013 PA 16-009 80 1WATER USE EZMNIICWAKCOAIVidgWANciliMillitAli:K eg t@ wg7 to rgo@ggsllg D@V,0,116pEP@Bt P8 PAM=g000, CUP P CUP P4V6=g7V0 Tgo@oullei Pgrkwg7 & Lg Peig Riogd, Tguo@oullg, CA 02600 PROJECT TEAM / CONSULTANTS Walter R. Allen, AIA 28465 Old Tovm Front Street, Suite 201 Temecula, CA 92590 ph (951) 693-0301 fx (951) .3-4080 DEVELOPER / OWNER: Cmc)11/mIeL ENS' NEER: B4P OIL SERVICES, INC/PACIFIC REAL ESTATE 41655 ENTERPRISE CIRCLE NORTH, SE. OAK VALLEY PKHAY SUITE B TEMECULA, CA .125.10 BEAUMONT. CA .12225 te I: (151) 2.16-3466 tel: (.15I) 84.1-5055 fax: (.10.1) £555,164 CONTACT: LARRY MARKHAM CONTACT: TONY DEHBOZORGI LANDSCAPE ARCHITECT: ARCHI TECT: HALTER R. ALLEN, ARCHITECT 4 ASSOC. ALHAMBRA GROUP 2E5465 OLD TONIN FRONT STREET, SUITE 41655 ENTERPRISE CIRCLE NORTH, 201 TEMECULA. GA .125.10 SUITE G TEMECULA. GA .125.10 tel: (.15I) 6.15-0501 fax: (.15I) 03-4080 tel: (q51) 2.-6802 f ax: (.15I) 2.-6803 CONTACT: HALT ALLEN OR CHRIS CAMPBELL CONTACT: VINCENT DI DONATO HATER OUAL I TY MANAGEMENT 11 VL ...../ 'C', -_______ , 2," --4 , 0 i ____ ', Tr CONSULTANT: ,,. _ _ _ .... NER111111 • I JL, ENGINEERING 4 CONSULTING. INC. 362. CALLE DE LOBO MURRIETA, CA .12562 tel: (.I51) 504-.1552 fax: (.151) 504-556E5 JOE CASTANDEDA , _ - _ - • Inaill • elterEfre-L-NC _----------...,,- - - Th '''' <> - - I r _ PO \ Doctored co. Drawn By co, mow, log <> onti...N , -------) , ACANT 7 A _._ _ _ _ _ _ *._ .• ''''' ' A \ WOMP - _ — 0 PAR EL E A r — VZ, - _ I _ _CONTACT: 41) 0 -- - - PAR - - EL 0 - e 1 ‘; ‘,A, ' , \ , COMMON \ \ LOADING ZONE - % ,,, Checked ,,,0 Date 10/25/14 Gateway to Temecula Temecula Parkway Temecula, CA 92.0 SHEET INDEX ARCHITECTURAL: (q SHEETS) <> DG 9 A -4 =v-ou 2 PAR EL '\<>71 \ mt ' , I 1 i 0 / 0BL Pill i i + L DE !ii \ ' \ \ 11‘ %\ \ % '13 \ \ \ '7') al01 SITE PLAN al02 FENCE PLAN, TRASH ENCLOSURE PLANS, ELEVATIONS a105 TRASH ENCLOSURE PLANS, ELEVATIONS a201 GAS STATION FLOOR PLAN, SECOND FLOOR PLAN A.I.1 cot...6E STORE FLOOR PLAN a201.1 GAS STATION ROOF PLAN a202 RETAIL FLOOR PLAN, ROOF PLAN a2O5 RETAIL FLOOR PLAN, ROOF PLAN a204 RETAIL FLOOR PLAN, ROOF PLAN a501 OAS STATION ELEVATIONS CA.I.1 OAS STATION CANOPY ELEVATIONS a502 RETAIL ELEVATIONS a305 RETAIL ELEVATIONS a504 RETAIL ELEVATIONS y 1 REFER TO OPY, TYP. I a ..,...,.... a ° 1;INE f., SHADE _6 ,F.,,,r, , , , -- SZI o204 , , , .\ ,,,,, 0 -,.).T 11110- 'W. k \t ° C, 0 11 0 ' 1 , AST CORNER OF , 7 PARKWAY 4 LA PAZ. _ ' . • /0/ ' xi _ — — — .c, 0. 41.. • .- ifi s, Ili \ /1111 AP , ' 0 • . . c \ , , „ ' ‘ '''' \ ' -." — — ‘,-,'" --- t .., \ REFER -70 p. ,-,, ........ , , 1 -- . ..---_--.1 '''''''l ______---\ ocy, -- Li, ..... ,__ -- 9,6 ,,.. - "';' TENTATIVE PARCEL MAF C-2 CONCEPTUAL GRADING PLAN --/ REFER 'y ..--j - <&. PLANNING AREA % ‘k SHEET o2P \ , . \ '0 .„, ............" ://:-/- \ \'''' \---- _t \ ....... ,... ....- --- --..: --- LINE OF CANOPY \ \ X .3 Vp. --- - - ,oh. . \ LOANTZ'NE t .....::- --- X \ ., t 1100,-"1: ,,,, ', ' \\ # , \14' _ ‘s ,........- ir.,......"0, - - __ , _ _ - - _ _ - /UNDERGROUND _ - <&. - - _ - - _ _ _ - FACILIN _ _ - -------- _‘, ‘, 4. 0-o°' - - 7 --- _ _- - ‘,,, ‘,,‘ MOTORCYCLE ; PARKINS (4'X 1. --- \,) NOTES I. EARTHWORK GI.JANTITIES: 16,125 CUBIC YARDS CUT 16,125 CUBIC YARDS FILL IMPORT / EXPORT = 0 CUBIC YARDS 2. SOURCE OF TOPOGRAPHY: AERIAL TOPO BY AEROTECH MAPPING, DATED JUNE 12 2014 5. THIS PROPERTY 15 NOT WITHIN A FEMA FLOOD PLAIN OR FLOODWAY 4. PARCELS 5 A. 4 HERE PRE,OUSLY GRADED PER PA01-0211, PER GEOTECHNICAL REPORT PIREPAIRED 5Y LGC INLAND, INC, DATED SEPTEMBER lb, 20. 5. SEE WOW SITE PLAN FOR EXISTING AND PROPOSED STORM DRAIN b. SEE SHEET C -I FOR EXISTING AND PROPOSED EASEMENTS. 1. SEE SHEET C -I FOR PROPOSED STREET SECTIONS ____---- 0 TYP. of 3) N.- ......„,,,,. -.... _ _ - _ _--__ - _ - - CO -P.` ---___- -- ____ - ___------ , - - - , _ _ __--- _ 0,.. ____ -- __--- , _ % _ - - ---- ____- - ___-- - - -- --- ___------ ____-- - __--- - __ -- TEmSOUTH EAST90>RNER OPAL 113. FROM SITE - , _---- __--- ___---- _----- ,,. .............--- -* • Or vis % ___---- ___--- _____- ______- RESIgENCE ___---- __.- ------ __--- - t it°1.1 '' - - --------- _.------------- _.--------- ---------- ------ FROM SITE'' ' ' 1 i ,---- ..\----- 0 , \ 00" ...- /- ‘1110 :',0i RETAIL 0 si=vATRHIEA74`1)=R°r> C7.m:gg'A FROM SITE 0 10' 30' 60' 100' 51, PLAN OP44: UTILITY F'URVEYORS tn1A_IEK RANCHO CALIFORNIA HATER DISTRICT TEL. (950 296-6900 .,,,g EASTERN MUNICIPAL INATER DISTRICT TEL. (951) 928-3111 bAS: SOUTHERN CALIFORNIA GAS TEL. .00, 421-2200 E EC_RIC, TELEPHONE: SOUTHERN CALIFORNIA EDISON TEL. (BOO) 990,88 VERIZON - MINE% TEL. 000) 463-3000 lg.. CRIR TEL. 000) 826-9611 , 111111111111111 i i i i i i i i 11111111111111111111111111111111111111111, i i i i i i i i i i i i i i i i i 1 L1')'- PROJECT INFORMATION. KEY NOTES VICINITY MAP g ASSESSoRS PARcEL NumBER: 922-110-012 TO 015 TOTAL Wuxi. AREA: SF PARKING Ker NOTES: <> 1 rifit,tY 11111 ;3_ ;3. 1 ;3_ ;3_ t ,h 41,o % 1 ,. ' . 1, a, N , co. 0, ' 1*,,I ,,.., 0 DECORATIVE PERVIOUS PAVERS <> PEDESTRIAN PATH 4.-0'. WIDE - CONCRETE COLOR - ADOBE BY DAVIS TOf' CAST c3, TOOLED JOINTS o 5. -On 0.C. TYP. <> MEANDERING SIDEWALK (5' WIDE), CIN STANDARD COLOR 0 ONSITE IN-LINE UNDERGROUND FUEL TANK <> `717,=°C.RAAST4,7ATCTU7 .Alc="ac-COT. E,11,1-E°:REAT,ZZTBAYTIgt7s. 0 CURB RAMP 4 <:. Prg1°CRAASTT17, PSEA'HE 'C7 IA.i';11,71';1: -5 '-C°).1C017.71E45'r1:: AfRigiTT7,';1 fisft1'1' 0 SHADE STRUCTURE oio, <g> FIRE RISER <> TRUNCATED DOMES, 4' x 3' MIN. 76LLRTNslirE.RADilIZEO,RT41ERSENCY VEHICLE ACCESS 56, <> PARKING LOT LIGHT STANADARD - LED FIXTURE MOUNTED TO le POLE 4 BASE <> TRASH ENCLOSURE - REFER TO SHEET o102 <> (E) FIRE HYDRANT <> BIKE RACK, CLASS II, 5 SPACES <, DRIVE THRU CLEARANCE BAR 0 IRRIGATED LANDSCAPE AREA <, DOUBLE DETECTOR CHECK (DD. <> TREE WELL 5' X 5' MIN. NP. 4, ELECTRIC VEHICLE CHARGING STALL <> MONJMENT SIGN <C> POST INDICATOR VALVE / FIRE DEPARTMENT CONNECTION <> SCREEN WALL, REFER TO SHEET o102 FOR FENCING PLAN 0 ei„,'",,LtIZZE,INZSTRIPE TO DEFINE ON-SITE <> EMERGENCY VEHICLE ACCESS GATE, 30' WIDE .0, VACUUM HOSE DROP 0 ACCESSIBLE PATH OF TRAVEL (4,IDE MINIM. <a, PARKINS SHADE CANOPY <> 0.0 FIRE HYDRANT <, SEWER DRAINAGE EASEMENT, REFER TO CIVIL .0. '). TALL. MIC) RAIL '..1. <> VACUUM ENCLOSURE, REFER To SHEET o103 ADDRESS: =Kt.:, PLAARI9T9); LE.AL DESCRIPTION: 1,2g, AND 4 OF TRACT NO. 3150 MB 59, PARCEL I 4 2 - BLDG A PARCEL 3 4 ,029 5.1 (SECOND rLooR) 1543 SP. 1251 S.F. AREA PARKING RATIO SPACES REOD SPACES PROVIDED l'" . A 'ETO'N'0' IEFALOE01:T 071LE 1.5''4;A SF. . Ir0 , 5 L,ALSE ZONING: PROFESSIONAL OFFICE (PM / PDC) 14 SENERAL PLAN DE516NATION: FRFOFESSIONAL OFFICE PO? fcAR NA.) i,Ceb 5.fl gi_g,g, g PARCEL 4 6,460 SP. BLD6. C PARCEL 5 BLDG. D PARCEL b 2013 S.F. 4,100 S.F. -,,,,,,, CARHASH (MAX. OCC. 2, 40' LE.TH 5 / 20' 10 12 BLDG. B RESTAURANT 3,29 S F 1/100 31 39 25EN S.F. 11500 EXISTING LA. USE. VACANT LAND PROPOSED LAND USE: COMMUNITY COMMERCIAL , (SEGON0 FLOOR) 3,556 SF. -I- TOT. BLDG. C COFFEE SHOP 14/ DRIVE-THRU 1,31 SF 1/15 21 21 BLDG. D RESTAURANT 1,421 S.F. 1/100 14 TOTAL GROSS AREA. S.F. ACRES Z166... 2:1.,F` F L RS) CCNERAGE (PARCELS 3-6) S.F. PERCENT RETAIL.' 2565 S.F. 11500 4 10 SECOND FLOOR OFFICES 3,836 SF 11500 13 13 PARCEL I 4 2 - SP. - ACRES .LOT BUILDING AREA 18281 S.F. 9 % PARK. AREA 116332 S.F. 61 % 138 144 TOT. & Zi) 1 F, F, 'S' PROJ ' 0 . liSleim • ''',/ 1 PARCEL 3 56,39 S.F. 129 ACRES PARCEL 4 55,14 S.F. 128 ACRES PARCEL 5 52661 S.F. 0.15 ACRES LANDSCAPING AREA 54369 S.F. 30 % FLOOR AREA RATIO: TOTAL BLDG. AREA PARKIN& RATIO PARKIN& PROVIDED 21634 S.F. 164 SP. / STALL 132 (EXCLUDINE, CAR WASH ENTRf/ExIT pARKING) PARCEL 6 55,515 SF. 0.15 ACRES TOTAL WM SP. 4.1 MOPS TOTAL NET AREA: S.P. ACRES PARCEL I 4 2 - SP. PARCEL 5 1,251 SP. o.15 FAR PARCEL 4 6.460 SP. 0.12 FAR PARCEL 5 2013 SP. osob FAR , THESE, 5 WC SPACES ARE REM., =Igg771=TifV.E=1,12KINS, I MUST BE VAN ACCESSIBLE) MITUEC,U,F,AFN0g1A1C4Vfo=f,..ELS, oN LOADINE, ZONE: 1.25', (2) PROVIDED UNRESTRICTED IN Job Number 1401 Drew...mbar NoT-To-ScALE VICINITY MAP PARCEL I 4 2 - S.F. - ACRES PARCEL 3 54518 S.F. 125 ACRES PARCEL 4 55.251 S.F. 126 ACRES PARCEL b 1.936 S.F. o2lf PAR OCCUPANCY CLASSIFICATION: B M A-2 Tr,mtlignAB.40NCOLTERED MOTORCYCLE PARKING: I STALL PER 25 VEHICLE STALLS 6 REWIRED, PRCNIDED g &M 7R '1';:li al01 THOMAS BR.. (2010) PAGE .11.1-A2 4 AS SEC. 18, T8S, R2W SEC. 13, T8S, R3W E!) PARCEL 5 32661 S.F. 0.15 ACRES PARCEL 6. 33,S1E, SF. 0.15 ACRES TOTAL 116,924 .P. 4o4 AcRES TYPE OF CONSTRUCTION: V-13 SPRINKLERED: TES NUMBER OF STORIES Th0 ETTififit. 1:Ci I FA LTU gEEOFAF'Z 271 B I C Y C L E P A R K K I 5, 15.12a11:1n7A: ‘1=S7TLHL: SPACES EACH BUILDINS HEI&HT. Sem MI r Walter R. Allen, AIA .185 fl1d Tam Fr.114 Buds 2,71 Ile10 4113.001 h WO. ta2-4010 � J <e.• • eYri�, end Atom Imil ham" • -- +Jbe..., PLYGyk p.....4',-,_fie,' Tri._ A•.' 1Ir. = ' ^i+a. , ...woo ,-t1/4 . -.4 mel rit —� .Z. -Jt T' - pik17. r,T 0. 14 TI Gateway to Temecula f�oY May TQM G MO f' � rRµ. fPa' ik1lY — is•,rr ..91.sp —77 .1Ate .*.. =F/YIIM1 II � I 14.14 741,4414 L:�Kr` in'' . P _, I er.re 1' Fhll+i I.! rleeec S Hirak 1.141,444.thiogi NAM 1,04.1.......*1,,,,... Putoor 141.WIlws rrtirr, mho .1.11.4 b• K.REEN kl I°` e Y 0 0{' ria —'..... F.le _fit•.. arm -= ..,R,C,4 . - ek II'iZ Fail! I_ $ 4.4,44 M44.. PALA- f—* IMP e'i,L4# 4ccom" f �. +mss ea�eea+s - � 1 11. • i r11 ..qr• - _=ate_—L �.e ..___,..7...- 117 _--.— -- I— — — ...—___ —..._ ,--- �^ op. Q 'T,..- • iiiwymitiiiatairplreierimah I-41.111---.40.1n1".2.....0 4..1r ,L1L-P me ...IA ) sp._ I il .11:L., . 11 16,71,2-• l.y711f �. '�"' � # 11 __-,- �r �ria. sem.+ • f - N '�ITi 'I!!F EFS'a• 1 i P I I , I y��� _—a_ PI- .O•ETRJE. 4 FM,. HS En_AN limli,. .,„ } r - a , =Eh : ej do)1 � .. ie .. � 4 i I ap�� ° • _ � l�=_- p s rte,;—�r I .. r _ N '' • I .: :,�,.. �� Yom. ;: �' . %Pa, ...,,L -- IVO ! is Mem .. mum= rikrio rtrutr_L__T r■mel0 e-----,,, .r.C•LV -- -� - eF MUM ec LF • Ng, •.d...-...r.--4..A...1D,m,,rk i i7leil irWI I ,_....._._. . 0,., C ..A...m.,n..ep-0L -tea'eG 4 €+tY-4 Alm, E ■ .PIP! ..0., G 8x RS WD HE�DERII OTRASH ENCLOSURE 0 BLDG, A,B 4'-0x6-0 TALL TRASH GATE. SEE 7 Sc 9,605 FOR SEPECIFICS. 1/4... 1'-0" 9 1/5, 4'-61/2'. 1 4'-61/2'. 4'-'15/8" b'-1 3/b" TURNING RADIUS • 25'-6 1/b" T.O. F RFY�iI'G 84 RS WD HEADER OTRASH ENCLOSURE BLD6.G 4'-0'46'-0" TA L TRASH GATE SEE 7 & 9,605 FOR SEPECIFICS, 2'-1' 4'-1 5/b" 6'-1 3/b" Il' -b 1/b" Deakin. cac Drawn By cac, mpw, lac Checked wr Date 10/25/14 Job Number 1401 Drawip Number a103 LAV e 3-1:00.T SILLODO FMK PEFI SCHEDIAE MIERIOR hilETAL DOCei, RiSTNIJ. PER LIAMJEACILFER IOFICATICN5 VACUUM ENCLOSURE ELEV. SCALD t-cr T.O. • -- 1 1 i 1 a • +I a,' • a103 53'-1" VACUUM HOSE DROP NP. GAR WASH DRIVE THRU CANOPY (VACUUMS) EsUILDING A FLOOR PLAN 4,028 68055 SF FIRST FLOOR 1,543 GROSS SF SECOND FLOOR 1,686 GROSS SF CARWASH NOTE: REFER TO 51TE PLAN FOR FDL/PIV LOCATION PATIO WITH TRELLIS +12" KNOX BOX 84'-4" 3'-0" 12'_0" 9'_4" GAR WASH 1,68 68055 SF LARWA5H MAXIMUM OCCUPANCY - 2 VEHICLES ELEC,a,_ ROOM ji STAIR UP 1� 28 RISERS I'-686 Sx l6" II' rr 26 - Exrr> e RETAIL 3,901 SF B 4,028 7=LitZEL 1/100 41 RETAIL SER ROOM 35 5F LINE OF CABOVEANOPY 59'_4" 25,_0„ 84'-4" 0 BUILDING A SECOND FLOOR PLAN 1/8" 1'-0" OFFICE EDI 1543 SF B 1,543 V100 14 C OFFICE / STORAGE ROOF REFER TO SHEET 0201.1 5, 012345 10 SCALE IN FEET 11/6" I•-0" 012345 10 SCALE IN FEET 1.! PA14-2709 Q Z 0 J D co - J W U Q 0 LOC Drawn By cac, mpw, Iae Checked wr Date 10/25/14 Job Number: 1401 Drawkp Neither a201 4:12 SLOPE 4:12 SLOPE l _4 q... / D. CANOPY La 1/4:12 SLOPE 14'-O" TA. PARAPET II 012345 10 -4" T.D. CANOPY SCALE IN FEET PA14-2709 Q V z 0 J mD J J W U Q 0 Dee.. LOC Drawn By Lac, mpw, lac Checked wr Date 10/25/14 Job NUMer 1401 Brae . Ninber a201.1 4:12 SLOPE 4.12 SLOPE 112'-10" 40'-2" 22'_4" 25'_2" 25'_2" FIRE RISER ROOM ® 3'1,'4-q"_, +l2" KNOX BOX r n ; X n '� X lk FIRE ALARM CONTROL PANEL ' to ry RESTAURANT EA 1,191 SF &ROSS L 1 RESTAURANT I 1,224 SF &ROSS 1,413 ELECTRICAL 1 4'_d' x 8'_d' 1412'4 124 RETAIL EMI SF &ROSS B 4 .0 /100 bs RETAIL RETAIL ILZ11 1,108 SF &',ROSS RESTAURANT EA 1,308 SF &ROSS r 1 EXJT> 11111 ii II t V II V -1 1,r-----11 CEXJT Il' -b" b9'-6" 25'-10" BUILDING B FLOOR PLAN 6,460 SF &ROSS NOE: REFER TO SITE PLAN FOR FDC/PIV LOCATION BUILDING B ROOF PLAN T.D. RIDE rt� II II II I TD. PARAPET 4:12 SLOPE 4:12 SLOPE z+1,gli°--DO. I `1ttttttftftttttttttr 012345 10 SCALE IN FEET 012345 10 20 SCALE IN FEET PA14-2696 SOL Drawn By cac, mpw, lac checked wr Date 10/25/14 Job Number: 1401 Dm...ether a202 3 1/8" BUILDING G FLOOR. PLAN PATIO WITH TRELLIS REFER TO ENLARGED PATIO PLAN ON SHEET a102 M PROJECTING CANOPY ® ENTRY DECORATIVE BARN DOOR ®E® gam®,{ ❑® �I�l\ Illliiliiiili III'I11111I � 0 i 1® I I ®1 REA 1010~ ®r ED fa � / II n C7 116VP:41 IN6ARE�4 - _ RETAIL 1,343 SF GROSS A-2 1,265 I/IS 84 RETAIL �RESTRODM RESTRODN 95 SF - 60 5F Ilk z_ LL_o ■ 137200, ELECTRICAL ROOM +12" KNOX BOX FIRE RISER ROOM i DRIVE THRU ROOF CANOPY i 419 1/300 STORAGE FIRE ALARM CONTROL PANEL 2,013 SF GROSS NOTE: REFER TO SITE PLAN FOR FDG/PIV LOCATION TACANOPY TTA. PARAPET TA. SCREEN LL ry �,L1 /- 12_0" *TIC; CANOPY I/8" 1'-0" +T.O. RIDGE MECHANICAL UNIT YT.O. MECHANICAL UNIT J,+ /- „ YTA19,_0. SCREEN S14-O" T.O. PARAPET 011 2545 10 20 LJ LJ LJ I SCALE IN FEET BUILDING C ROOF PLAN 01 2345 10 SCALE IN FEET LCD W U 0 Q C go 2 MI Q oUa E§ 12Lai 0rr y " tr DeelPmd LOC Drawn By cac, mpw, lac checked wr Date 10/25/14 Job NUMer: 1401 Draw . Mather a203 59.-4.. -th OFFICE EMI 905 SF NOME OFFICE 909 5F MEN I I = = = I El 1 : 1 , 1 1 : : I 'c. iP, 4--- EU b'lx5r-°" 8 41 EIMI 1 : ELE, -1 0,ICE OFFICE EMI 914 5F 74 IA = E1211 910 SF B 5,S. 1/100 - OFFICE -1-1 -,- II 11.-4.. 12.-5.. BUILDING D SECOND FLOOR PLAN 5,856 SF GROSS r01TRE TL :ATTE1OPNL N th BUILDING D FIRST FLOOR FLAN 51.-4.. 8.-6.. <Exrr RETAIL ir 1,140 SF .12u KNOX BOX FIRE RISER ROOM LOBB E 156 5F 41 Mal E: 10.-5.. 4,100 5F 8.12055 r;:;gg;g', Til,:g0PNLA" 012345 10 T L1J_LLIJ_LLIJ_LL 1m , :±2 ;i BUILDING D ROOF PLAN 20 SCALE IN FEET 012545 10 SCALE IN FEET PA14-2696 0 0 D (.6 uJ OC 0_ -71-Fir" 7sV ccic. Drawn Ely coc, mpw, Cheoked wr0 Date 10/25/14 Job Number. 1401 Drat.. Number a204 RETRACTABLE VACUUM HOSES MOUNTED OVERHEAD EXIT DRIVE CANOPY, 12' 0.C. LJ LJ LJ VACUUM STATION 9 100000000 000000000000000000000000 0000000000000000000 PATIO 1.1111 • Lilt_ JjijjJ UNITS MECHANICAL UNIT BEYOND BUILDING A SOUTH EL,ATION tON (TEMECULA PARKWAY) 11 11 11 111 ARINASH WALL MOUNTED METER EQUIPMENT BUILDING A WEST ELEVATION (BEDFORD CRT, 2 5 4 5 20 SCALE IN FEET STUCCO (TAN COLOR) MERLEX, 1,1/ BOARD FORMED CONC. PATTERN VEHICLE CLEARANCE SIGN BUILDING A NORTH ELEVATION (VALLEJO AVE) GA A5H I.1,11!F BUILDING A EAST EL,ATION (LA PAZ RD) STUCCO JOINT, TYP. LOH PROFILE LED RECESSED CAN LIGHT, TYP. PATIO VACUUM STATION KEY NOTES: <> <> STUCCO - SANTA BARBARA SMOOTH FINI. - COLOR: FLINTRIDGE <> NOT USED CORTEN STEEL Pin COLUMN bu DIA. <> VERTICAL SIDING - arr. BOARD, 12" Bp., COLOR: HEMLOCK GREEN <> STANDING SEAM METAL ROOF - cow, PARCHMENT <> DOOR PER PLAN, SIERRA PACIFIC, STEEL DOOR, PAINT COLOR: HEMLOCK GREEN ALUMNUM CLAD WOOD WINDOWS BY SIERRA PACIFIC, CLEAR &LAZING COLOR: BASIL <> HEAVY TIMBER Ho. TRELLISES W/10" CORTEN FrEEL FACIA <> DOOR PER PLAN, SIERRA PACIFIC, STEEL DOOR, PAINT COLOR: FLATNum <> GRANITE - NATIVE GRAY, ROCK FACE <> SOLID MECHANICAL SCREEN, coRTEN sTEEL PA14-2709 0 D couJ Drawn By cac, mpw, lac Cheoked Nr0 Date 10/25/14 Job Number: 1401 Drat.. Number a301 I If - CORTEN 5TEEL TRELLIS BUILIDN6 B NORTH ELEVATION (VELLEJO A. BUILDING B SOUTH ELEVATION (TEMECULA PARKWAY) BUILDING B SECTION d • • tT • • —4— 11 , 1 ,79 TRELLI5 IN FOREGROUND TRELLI5 BUILDING B EAST ELEVATION (LA PAZ RD, 6 75 - BUILDING B !NEST EL,ATION (BEDFORD CT, 012345 10 SCALE IN FEET KEY NOTES: <> <> STUCCO - SANTA BARBARA SMOOTH FINI. - COLOR: FLINTRIDGE CORTEN STEEL TRELLis <> VERTICAL eoARD AND BA, SIDING - 2 1/2" BA, OVER 12" BD. COLOR: AUTUMN R.ED <> VERTICAL SIDING - BUTTED BOARD, 12" BD. COLOR: SABLE BROWN <> STAND. SEAM METAL ROOF - COLOR: CHARCOAL &RAY <> DOOR PER PLAN, SIERRA PAciric, ALUMINUM CLAD COLOR: SANDSTONE <> ALUMINUM CLAD H1000 WINDOWS BY SIERRA PACIFIC, CLEAR GLAZING, COLOR: SA.STONE <> HEAVY TIMBER wow TRELLISES CORTEN FrEEL FACIA eRANITE - NATIVE &RAY, ROCK FACE • -- NOT USED -- <> &ABLE VENT - SIERRA PACIFIC, COLOR: SANDSTONE pooR 5'ER PLAN, SIERRA PACIFIC, ALUMNUM CLAD COLOR: SANDSTONE <> ALUMINUM CLAD WOOD WIND°. BY SIERRA PACIFIC, CLEAR GLAZI, COLOR: FLINTRinsE <> ALUMINUM CLAD HOOD WINDOWS BY SIERRA PACIFIC, CLEAR GLAZI, COLOR: PLATINUM PA14-2696 0 uJ 0 cc 0 " COG Drawn By coc, mpw, lag Checked wr Date 10/25/14 ci o ci a) ci Job Number 1401 Drew...ter a302 SCREEN INALL—N /LOW PROFILE LED RECESSED CAN LIGHT, Tr.. PATIO —STUCCO, IN/ BOARD FORMED CONC. PATTERN SUILDINe C SOUTH ELEVATION STUCCO, W/ BOARD \ FORMED CONC. PATTERN - - A NE P.M DRIVE THRU WINDOW PATIO DECORATIVE BARN DOOR BUILDING C NORTH ELEVATION BUILDING. C HEST ELEVATION o i 2 5 4 5 BUILDING C EAST ELEVATION BUILD'. C SECTION scALE iN FEET KEY NOTES: <> <> STUCCO - SANTA BARBARA SMOOTH FINI. - COLOR: DESERT BEIGE <> GRANITE - NATI, GRAY, ROCK FACE • ,UMINUM CLAD K0010 WINDOWS SIERRA PACIFIC, CLEAR GLAZING, COLOR: PLATINUM • CORTEN STEEL PIPE COLUMN DIA. <> STANDING SEAM METAL ROOF - cow, CHARCO, GRAY <> DOOR PER PLAN, SIERRA PACIFIC, ,UMINUM CLAD COLOR: PLATINUM <> SOLID MECHANIC, SCREEN, RECLAIMED BARN WOOD <> HEAVY TIMBER Ho. TRELLISES CORTEN sTEEL FACIA <> STUCCO - SANTA BARBARA SMOOTH FIN. - COLOR: FLINTRID. LCDuJ 0 Dravm By cac, mpw, lac Cheoked WrO Date 10/25/14 Job Nurnber 1401 Draten. Number a303 BUILDING ksIEST ELEVATION 11111111111111111111111 \-0 (BEDFORD CT.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUILDING. D NORTH ELEVATION (VALLEJO AVE.) •M•11 ... ... • •••.0....•• 00 I 0 I Cr, 9 BUILDING SOUTH ELEVATION (TEMECULA PARKWAY) IN A BUILDING. D EAST ELEVATION (LA PAZ RD, 012345 10 SCALE IN FEET KEY NOTES: <> <> STUCCO - SANTA BARBARA SMOOTH FINI. - COLOR: FLINTRIDGE eRANI-r-E - NATIVE &RAY, ROCK FACE <> ALUMINUM cLao K000 wilco. BY SIERRA PACIFIC, CLEAR eLAzNe, coLor, SANDSTONE CORTEN STEEL PIPE COLUMN 6, pip,. <> STAND. SEAM METAL ROOF - COLOR: PARCHMENT <> DOOR PER PLAN, SIERRA PAciric, ,UMINUM CLAD COLOR: CA -ON SILVER <> STAIR SCR.E. LEMENTMOUS BOARD SMOOTH, PAINT COLOR: SABLE BROWN <> HEAVY TIMBER wow TRELLISES CORTEN FrEEL FACIA VERTIC, 5101NO - BUTTED BOARD, IT BD. COLOR: SABLE BROWN • 6ABLE VENT - SIERRA PACIFIC, COLOR: SANDSTONE STANDIN15 SEAM MET, ROOF - COLOR: CHARCOAL &RAY <> HOLLOW METAL pooR - PAINT COLOR: EL CAJON SILVER <> FULL VISION ROLL -UP DOORS - COLOR: EL CAJON SILVER <> ALUMINUM CLAD WOOD WINDOWS BY SIERRA PACIFIC, CLEAR GLAZING, COLOR: EL CAJON SILVER PA14-2696 0 0 D op uJ0 " COG Drawn By coc, mpw, lag Checked wr Date 10/25/14 Job Number 1401 Drew...ter a304 WIETIVTLZ vuW WM, KW= OVENNEAD • INT V. 0.MT, Er & 1 I Ail1/44114 STAMM • A .5ovn. Anci, UL 1,016 A MONTH ISZVATION P.a.. mil St.t.CO WPM WM. SouCerit PrIeS4 • cer.,,IL POCIIIVX POT taw eS> Garb!Li, Svm. - ivrntp dcwria., up. C0.04. mehtlXIC 41.712. POO. COW, 0 ▪ • Mae PLA.4. MOM win own rAprr c#2.2, 101104 O 1m pow wcaoil WV;MA TIMM rreefj WO" etWra STEEL '101. PCO. RR PL.. SM. STEEL CCM EXIAM, PL.1.111.1 ▪ MAW. • WT. WO. FAZE • SCUD PECAIMEAL SEMEnt .21115., • fluiLttrliS MILD EAST !ELM/AMON ..—Vrtee.4 Cri.1 COLCW., 00h:it it, .11,13.0. MAW ,01.1.CD NeTeftil Temecula Gateway - Building A 1 NORT1-• BUILDING. 50.111.1 ELEVATION gIVIIVALA PAR[,A1. KEY ICTIM 0 • • .S.M1.0115.4. WM. MEM . C.Cill. IVERIrer G 6....- - 0 cciltiN M. tile,-* 43:' 1617.4 ..bwom.... irtmlF4. cowra. ireel. • SABLE VPliff . SEW. 1..... Zektft FOICSTOE O ,..,.., ..,.... s.,,,,,u.:f, Er ii:, ,,,,,,, .,,,,, ..., <i> 0,4 Mk Pi_m, NOWA roe.r, &4Q 0. ,...-c..x....eii-,cor - ....e. 0.....4. c...., .. ....... avg. MOP rows 11., Jam. ....4 :um, cv... c.f.. ftwrizne ▪ pap. ,12.11....1:1R.L.L.if — li.,.... CZ,. .1.0. 11.0570C <> ..11.1.1 EL.. 1.011 410.1.191. SEIM .1,, 0 kal.41. CLAD rde:C. ri42.11.1Pf MM.. NNe.Ple, CL.E. IL.A.66, ...... .426..df <> Ft..., ',WM MOP mum. WIC, 40,11,4 FrEL. ro. A Eii11-1,1146. B EAST ELEWMON —1---IFIEL957,1--- • • • B 1.111T ELEVATION reLP,7,1:, Temecula Gateway - Building B 91.11121146. 6 5w -r -i -P ELLEV:ATION BUILDING 6 NORTH ELEVATION Krr mom. 0 -.15.1 - mem WIDgit 19.6tIL .17%.! 6.W WOK 1,6E 0 .1.04 GLAP mug. er, :0,4. .4., ‘41-.4 mkt.. PLATK. own Jiro_ rim r war - WAIL tiVP4,04, ORke 4> 0 5.0.1.4.1.1.1, SCAM. MUM" NMI IV= • wet WWI% gm roe, -11. WRIC.0 P101.14 - 1,141.1.1C pyilL.p.-11,10 6 NEST E.-.7-.s./..k.TION —5TUICCO JOINT BUILDINGG EA5T ELEVATION Temecula Gateway - Building C WU:MN/5 IP 1411- ELEVATION IBECPCPV 01. MIII.17146, Nowfl-i. mevA-nem rimuzA9 A,Mj 0 vv.* wimp, E•VREAPA MEDI • 0.2.01. FLE.P.X <. "P.M ,LMWE Pi. 0 c‘iip mix? p..21.4" miclVhe 0 comm !Tem .rE ma* 1. s moon maor wrr. P... • &IL.. PAP.P1947 0 Pc.c. MX 0,0 CO.c., PL scinni 912MI .1.PP` MUM Mad 11.12.14 0.00000. I., WEER reer. TIELL.E1 d..? &WEE ETEEL P.1A &MU? Ea., a, to (Am seam WIMP MILS - PCP. 1....IMPE EIT00.6. EFJP. re', 'PDX - CAW..., dr, haulpl WT. CA110.4 ELMER KL6 mon - ca,c. svit. kairt. SEIM PPM% CLEO. eltAMIE E.Ela. EL V..I.74 ELVER 1 OUILIPINO EGIarTN ELEVATION MALI:M.45 EA5T CLEVATION riA nJU Temecula Gateway - Building D 1,-34fr- I 11 NDRTI-IIELIEVAI1N1 iAti 6-1, EAMT IEILEVA11ait4 31,0-1.4 ixt abt-i WOIXON SOMME. 51,11%4IM 41.4. VP. I.14 pif 01W551 4. P.M 115.414 iKE5 ▪ rom 41~ Mks alacill.0 Om VCR NE wpm_ orrivi 345E if 5.4•1111115114 9, ir 114.E4 *WA 1151. 14 WM REM Ai 141K 5.[ 13.41512 IVA if if .4111K 5 MS 555.....5 D GM B.. eirr Mir 5 MN W IN WNW 1W 5 mi. 14.1 IA Mt op. Mt las Wmal. L4t 15 MEI M11 MI 1 Mill worm eaak 15 Of 411101. =is WWI WiPuu 414.414zu 51 PI ltdir cos -5-5--t.,--11-4-4 1 tONTEN. MEI PPE MLA. O. DX 113551... 1100.2 - &M11 MOD. ,215? ▪ 51.051?W T415DE, 5 COM KR PLO*. 54.55% 51U1. D.55 10.155.,r Cul? 5.000 1555015 5425 • WA. ?UPI 'DOD 'MUM .05, MIN Crtli Mon - Now 5CO: FiCE 11 SCUD itw.14:1,EL, C.C.11Lig VEEL 11 CIAIVA 15.;05 sKtrrros 1 2 k.1.51...1 CLUO 51513053i Iwo Sits. Molutro priAss 2,1,7 KT& MOO Mai C5i 114154.5111t WO NM NMI VW moon tams. a. 15" 1110i p‘Arpaii %WI 11 1.1031, Maim sm. lir Ccirittio .ffrEs. rAsca -K1 'EPP 41 BUILDING ELEVATIONS COW. F COKE% i kamim .50541 ,7150051n A.22 NORTH ELEVATION LEVEL 1 '.!AGE REFRESH (3.[LLUMINATED CANOPY SIDES) 0 24.75 24.75 CHM ( WEST ELEAT1ON LEVEL 1 IMAGE REFRESH (3.1LLLIMINATED CANOPY srDEs) SOUTH ELEVATION LLva 1 IMAGE REFRESH (a9LLLIMINATED CANOPY SCES) 24,75 24,75 EAST ELEVATION LEVEL 1 IMAGE REFRESH (3.1LLUMINATED CANOPY SIDES) almERAL POTEO KEY NOTES CANOPY TREATMENT FASCIA SIONACE I. PA .11T14 OD* *OW NM 1.C. .4.0 1.1 44. own tam row rept we... DOH, tPIES kt 44ct'i 44#103, Net T+24 R.X. iota Au. ,werrr4i won ersierim, PIM.' lava. 4 1.04.44 PLAMPATII IMidLL COW, IFIPI WEFT EDO. OF PM.. eiCOL &WPM DDIOLIT WEE SAF IOWA MIE4#ANC,. DEo 1 Mb". orITALL fritardENT eepruCION • paL IRAODmierk ▪ LCUPIENT W.P.M. • CD14=1,31 TO MP L.11.142 WWI AC • FPP.L • uONF FIXTLPF1 WM. IliOLPIEEL P4FT SPE" liENAL PALINF„ LP PDX". PIPIPLKD PPM O N 4044 s.4JI.in. WALL fE 444.04 ED.Lit IL WEI TO liDi C.04.004 DEFEIENCE 0114.11.1 PDPI WITALLADON DETAIL& 0. .fif 4400449 041.004?!! 40 Plf.TE WA. 401E0 Eff CAMP', COLOR LE0190 1.113..101 j-DCZ OFF-WPIE ZNEEI--KAP 10.44.1E KUL P. DETL.,, DOTI. If. 0 .40 LIE 0 P MVO CAMPY FASCIA BLUE 1.00 1044.4040 4.00 4091 0041-01404.4.04 31". .0 (44044. 04004 LED ikODDIF Hs, %PIM PLY 1.1.-041.1.50.. PETUNI ,041-0.A. I=1 4.1 mrs-rumago W44 rs.tivi *04 0211:1C1 MUM 1.051 13 COLO/PI C.O. si PAW igit MEM fit= =girt II MEM. 03 44•404000 WM 044.4. 4.30414. 41 ve MOM Alum FLAMM cilkmat - .Tne OM. ROM FAZE 014 ...I (1(0444 4.1004. .14 LOD Lic.T.4 watreamiock 100 41(44om. 104 4-0401.AP KW maim* 4040v. raw 40 ▪ 00E44 9,1446.1, 14440044 00 444 Fr or 'p.m moo.. "Ks odic Eicrra,t, LIFTEItt NOP PM 1.7 S MAK I041 11444 YAW 11.29.04.91 40 0110 444 0040404 41, 1141-1.40041 040. 444.444 193.11 2./1/M D'IP.F.ft:7HE I .1 r. C 163HI mapr, WIRE PI 4 0 15 .411.1P, CA.1.1 2gIcaBI AmM,'16.°Eno "s4tErA-/g.A5I. 8" CMU WALL 2'-10" FLOOR PLAN SCALE 3/8- T -Cr ST.:°;ALL ZUmr.,,kg, ,CNAAPL JCOLOR ZT,EATEV=EOU'ILNET "AIN 2 ticH2OARXNTAL BARS AT 24" TO:C-VAVI. GAL METAL WEEP SCREE ill111111411111itei 11111. -TEAcc28T "X8,16" CONC. BLOCK 2ENATTOI,WTFORREFFTISTI-° [4 6'H SCREEN WALL c52 sem 3/8. 3ATE LAT 2x2 ZRAEAVA-Rtra, COM ITHAETFDAENIWEED,: PXIMTlikiE 1 VACUUM ENCLOSURE ELEV. C.5.3 8CALB s7i"-ccmounai:TE 7 GATE HINGE c.52 8CALE. 4x10 R.S. HEAVY WOODJ 13. CMU WALL BELOW 4x10 R.S. HEAVY WOODJ 4x12 R.S. HEAVY WOOD I"TRsA7; ,;ETEUSED TAcs) PO'C'ZTU/RGSATE -411- f -111- TRELLIS PLAN P6oRds.1-41: ;84(EIFINTO CMU WALL (TYP.) SCALE. 3/8- r"PLAI1AE .L3j1IRDE3S) WELDED "ENsGIEHELTOTIMIOVA7 TAUCZ4E-NT ,k STErLDEHAxNDLE WELDED TO X" DIA. STEEL BAR FRONTVEW GATE LATCH 10,T.00.6TELLIS A23 (TYP.) VEEBXE2a "PW, PER 4,10" R.S. HEAVY WOOD SEr_OW,Nc1=TRZDAINND1Zilm PER S,HEDULE 14..0.02NALL rAPJCOLOR griEkTTDPE7g1EOLAJILNET "N. 2 #4 VERTICAL BARS AT 16. C7OWS ITN AkOrPINNAGTE tic.76rNTAL BARS AT 24" GAL. METAL WEEP SCREE liT0;0.;AVING COMPACTED BASE ?AIN. 1.71 // !!=!!!!A P.C. POST, cmuE141,32ED INTO "X8,16" CONC. BLOCK EVAT gTUVIF, Ekrill-i,e,FigD7kFiNAENE g7,2RBp'A,DPRTmEERc2121' roB m4;,TH 7)(1-2i, oR 1/2" EXPAN JT. MATERIAL " CONC. CURB WALL BEYOND GUIDE TRACK _ruRcBIATE. 11 ix,F111,Efis urLliEl EH EAANOY PwATZ) PER THICK CONCRETE S,1_,413 EnwatA7BMAERDL: g0a1c. T O. FlokylN0G,S ,-,THT;KRcE°B"AcRRsET.E2!,--ABo.c. 4 SECTION V'NTHwAY' mED'um BR'm C.52 8CALE, 3/8- 8CALB 3/4. Exp. o6/30/1 s 2 DATE ISSUED: 2/1 /1 6 SCALE: DRAWN cElY0:H EN CHECKED HBYE:N PROJECT NUMBER: 14036 STORE NUMBER: CHEVRON SHEET: C.5.4 , / / / N \ N \ 3 -COAT STUC FINISH, , ( ir- N > ' \ 7 y / iNsTAE(TAZI,AmNEuTF SPECIE!, N B.O. ()GATE , T.O. PAN VACUUM ENCLOSURE ELEV. C.5.3 8CALB s7i"-ccmounai:TE 7 GATE HINGE c.52 8CALE. 4x10 R.S. HEAVY WOODJ 13. CMU WALL BELOW 4x10 R.S. HEAVY WOODJ 4x12 R.S. HEAVY WOOD I"TRsA7; ,;ETEUSED TAcs) PO'C'ZTU/RGSATE -411- f -111- TRELLIS PLAN P6oRds.1-41: ;84(EIFINTO CMU WALL (TYP.) SCALE. 3/8- r"PLAI1AE .L3j1IRDE3S) WELDED "ENsGIEHELTOTIMIOVA7 TAUCZ4E-NT ,k STErLDEHAxNDLE WELDED TO X" DIA. STEEL BAR FRONTVEW GATE LATCH 10,T.00.6TELLIS A23 (TYP.) VEEBXE2a "PW, PER 4,10" R.S. HEAVY WOOD SEr_OW,Nc1=TRZDAINND1Zilm PER S,HEDULE 14..0.02NALL rAPJCOLOR griEkTTDPE7g1EOLAJILNET "N. 2 #4 VERTICAL BARS AT 16. C7OWS ITN AkOrPINNAGTE tic.76rNTAL BARS AT 24" GAL. METAL WEEP SCREE liT0;0.;AVING COMPACTED BASE ?AIN. 1.71 // !!=!!!!A P.C. POST, cmuE141,32ED INTO "X8,16" CONC. BLOCK EVAT gTUVIF, Ekrill-i,e,FigD7kFiNAENE g7,2RBp'A,DPRTmEERc2121' roB m4;,TH 7)(1-2i, oR 1/2" EXPAN JT. MATERIAL " CONC. CURB WALL BEYOND GUIDE TRACK _ruRcBIATE. 11 ix,F111,Efis urLliEl EH EAANOY PwATZ) PER THICK CONCRETE S,1_,413 EnwatA7BMAERDL: g0a1c. T O. FlokylN0G,S ,-,THT;KRcE°B"AcRRsET.E2!,--ABo.c. 4 SECTION V'NTHwAY' mED'um BR'm C.52 8CALE, 3/8- 8CALB 3/4. Exp. o6/30/1 s 2 DATE ISSUED: 2/1 /1 6 SCALE: DRAWN cElY0:H EN CHECKED HBYE:N PROJECT NUMBER: 14036 STORE NUMBER: CHEVRON SHEET: C.5.4 Commercial Service Plan The best way to connect with EV drivers With ChargePoint, you're connected to the world's largest and most open EV charging network with over 17,000 charging locations. ChargePoint's cloud -based Commercial Service Plan provides you with everything you need to manage your EV charging operations, including flexible management tools, rich data analysis, payment processing and 24x7x365 driver support. We connect stations to ChargePoint over a secure, cellular data network allowing station owners to manage all their charging operations from a single dashboard. ChargePoint leads the market with revolutionary new ways to make EV charging good for business, and easy and convenient for drivers. ChargePointservice plans simplify station management and administration, allowing you to build a relationship with drivers who frequent your stations in order to keep them coming back. The Commercial Plan is perfect for organizations looking to make EV charging part of their daily operations. The Charging Sessions report provides granular data on how frequently EV drivers are using charging stations and when. —chargepoin+ Set pricing your way Set charging fees by time, session, kWh, or any combination thereof. You can set fees for different drivers or groups of drivers, or different times of the day. Automated payment services ChargePoint handles all payment processing for you with a PCI -compliant solution known as Flex Billing. You set the price; we handle the money on your behalf and send you a check every month. Connect with drivers ChargePoint Connections creates a relationship between drivers and organizations. Connections gives you control and helps you manage who can charge on your stations and how much they pay. Drivers request to connect with your organization and you decide who joins. brant rights to other ChargePoint organizations Through Rights Granting, you can easily approve an organization to view and manage your stations, allowing you to outsource some or all of your EV charging -related operations such as —chargepai - 'ice Env -r ::,ss,: ■ f 7b lit •T4 9' ROMA C. ■ a,. 11 t Start ,1a1.1•11•.a Frio 40.11-.51•.Pi 5.111Nti• D1140T 1. 11 NMI day ¢�¢9if e5i Tama •I ina• �• •• f� x•11 ��4141 YP X19 Ir�� ChargePoint Commercial Service Plan provisioning and troubleshooting stations. Focus on your core business instead of station maintenance. )4x7 h5 driver support from ChargePoint Every ChargePoint networked station displays a ChargePoint customer support phone number for fast, 24x7x365 station -side driver support by ChargePoint experts. We take care of the EV drivers using your stations, saving you and your staff valuable time and money. lap your stati Station owners have the option of making their stations visible to all drivers or specific groups of drivers such as employees or customers. Drivers with access will see the real-time availability and status of your stations and the price you've set on the ChargePoint website, mobile apps, and in the navigation systems of top-selling EVs. Get detailed reports To get the most value out of your charging stations, you need to maximize station utilization by managing pricing, controlling access, and expanding infrastructure where it's needed most. To make informed decisions about how to manage your stations, you must have access to granular data on how EV drivers are using them. ChargePoint Analytics provides a wide range of automated reports showing everything from energy usage and greenhouse gases avoided, to station usage by time -of -day, peak occupancy, number of drivers, session duration and much more. You can access logs and reports for all stations via a single login and dashboard. Track and report data for taxes and compliance If you are providing EV charging for employees, you'll have the data for employee benefit reporting required by tax codes. Customization and branding With customized signage and tailored videos, you can use —chargepoin+ ChargePoint, Inc. 1692 Dell Avenue 1 Campbell, CA 1 95008-6901 USA +1.408.370.3802 or toll free 877.370.3802 chargepoint.com ChargePoint's stations to communicate timely and targeted messaging to drivers. Allow r cPrvations As a station owner, you decide whether you want to make your stations reservable. With reservations, drivers can make, cancel and change reservations for charging sessions. Get Started Join the EV revolution and purchase a ChargePoint Commercial Service Plan today. Contact us to discuss what plans and features meet your needs. Visit chargepoint.com for more information. About CharaePoint With access control, flexible pricing and advanced cloud services, ChargePoint makes EV charging good for your business. With ground -breaking features and advanced functionality, ChargePoint makes it easier than ever to monitor and track charging station usage and costs, create viable pricing structures for charging services and inspire driver loyalty. For More Information Visit chargepoint.com Follow us on Twitter @chargepointnet Like us on Facebook @chargepoint Copyright © 2013 ChargePoint, Inc. All rights reserved. CHARGEPOINT is a U.S. registered trademark/service mark, and an EU registered logo mark of ChargePoint, Inc. All other products or services mentioned are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. PN 73-001036-01 Rev 1 Printed on paper made with 100% post -consumer fiber and Listed by Underwriters C 100% certified renewable energy, and processed chlorine free. 1' t 100% Recycled p Fiber Laboratories Inc. LISTED US With Southern California Edison covering up to 100% of charging station costs,1 and up to 100 % of related infrastructure costs,' it is now more affordable than ever to put EV charging to work for you. We Are ChargePoint Largest and most open EV charging network + 28,000 charging spots and growing 15,000,000 charging sessions —chargepoin+ It's Time to Get Charge Ready Take advantage of EV charging incentives from Southern California Edison Southern California is home to over 100,000 electric vehicle (EV) drivers. These drivers are choosing where they live, work, shop and play based on the availability of EV charging from their preferred network. With incentives from the Charge Ready program, now is the time to get EV charging at your property. Charge Ready Southern California Edison, through its Charge Ready program, is supporting the installation of up to 1,500 electric vehicle charging stations. This $22 -million -dollar program aims to help move California closer to its objective of putting 1.5 million zero -emission vehicles on the road by 2025, and support the state's goal to reduce greenhouse gases and meet clean air standards. Under this program, Southern California Edison is offering a rebate for 25% to 100% of the cost of the charging station' and will cover up to 100% of the costs for related infrastructure improvements.' Type of Property Multi -Family Residential Fleet, Workplace and Other Commercial Station Rebate Amount 50%-100% of base cost' 25%-100% of base cost' Contact Us Before Funds Run Out Our expert team is here to help you navigate the rebate process. Call +1.408.370.3802 or +1.877.370.3802 (US toll free) Email sales@chargepoint.com 1 Rebate amount is based on SCE's cost estimate for a charging station and its installation, which is referred to as Base Cost. 2 Includes all utility and most customer site infrastructure costs, excluding the final installation of the charging station. Charge Ready is funded by California utility ratepayers under the auspices of the California Public Utilities Commission. © 2016 ChargePoint, Inc. All rights reserved. CHARGEPOINT is a US registered trademark and service mark of ChargePoint, Inc. —chargepoin+ CT4000 Level 2 Commercial Charging Stations Specifications and Ordering Information Ordering Information Specify model number followed by the applicable code(s). The order code sequence is: Model -Options. Warranty and Misc are ordered as a separate line item. ripti • Code Model Options Misc Warranty 6' Single Port Bollard Mount 6' Dual Port Bollard Mount 6' Single Port Wall Mount 6' Dual Port Wall Mount 8' Dual Port Bollard Mount 8' Dual Port Wall Mount Integral Gateway Modem - USA Integral Gateway Modem - Canada Power Management Kit Bollard Concrete Mounting Kit ChargePoint Assure CT4011 CT4021 CT4013 CT4023 CT4025 CT4027 - GW1 - GW2 CT4000-PMGMT CT4001-CCM CT4000-ASSUREn* *Substitute n for the duration of the additional coverage (1, 2, 3, or 4 years) Order Code Example If orderin • this he order code is Dual Port Bollard Mount USA Gateway Station with Concrete Mounting Kit CT4021-GW1 CT4001-CCM Single Port Wall Mount Station with 4 Additional CT4013 Years of Assure Coverage CT4000-ASSURE4 Dual Port Wall Mount Canada Gateway Station CT4023-GW2 with 2 Additional Years of Assure Coverage CT4000-ASSURE2 Note: All CT4000 stations come with 1 year of ChargePoint Assure coverage at no charge. Recommended Companion Products Description Or e. Code ChargePoint Commercial Service Plan, 3 -year Subscription Station Initial Activation CTSW-SAS-COMM-3 CPSUPPORT-ACTIVE Station Management Service, 3 -year CPSUPPORT-MGMT3 Subscription CT4021 bollard station with 6' cable management IMIE ChargePoint CT4000 Family CT4021 (6') and CT4025 (8') CT4023 (6') and CT4027 (8') Bollard Wall Mount 11.4" (289 mm) 18.5" (470 mm) 13.7" (347 mm) CT4025 95.5" (2426 mm) CT4,L. 71.3" (1811 mm) 2 chargepoint.com 9.2" (233 mm) 46.7" (1186 mm) 13.7" (347 mm) I ({I� I igNl I"J jll l I IIM SII I I IIM CT4023 95.5" (2426 mm) CT40L f 71.3" (1811 mm) -t 00000 9.2" (233 mm) 46.6" (1184 mm) 19.0" (483 mm) VI" 1i CT4000 Family Specifications Electrical Input Single Port (AC Voltage 208/240VAC) Standard Standard Power Share Power Select 24A Power Select 24A Power Share Power Select 16A Power Select 16A Power Share Service Panel GFCI Wiring - Standard Wiring - Power Share Station Power Input Current 30A n/a 24A n/a 16A n/a Input Power Connection One 40A branch circuit n/a One 30A branch circuit n/a One 20A branch circuit n/a Required Service Panel Breaker 40A dual pole (non-GFCI type) n/a 30A dual pole (non-GFCI type) n/a 20A dual pole (non-GFCI type) n/a —chargepoin+ Dual Port (AC Voltage 208/240VAC) input Current 30A x 2 Input Power Connection Two independent 40A branch circuits 32A One 40A branch circuit 24A x 2 Two independent 30A branch circuits 24A One 30A branch circuit 16A x 2 Required Service Panel Breaker 40A dual pole (non-GFCI type) x 2 40A dual pole (non-GFCI type) 30A dual pole (non-GFCI type) x 2 30A dual pole (non-GFCI type) Two independent 20A 20A dual pole branch circuits (non-GFCI type) x 2 16A One 20A branch circuit 20A dual pole (non-GFCI type) Do not provide external GFCI as it may conflict with internal GFCI (CCID) 3 -wire (L1, L2, Earth) 5 -wire (L1, L1, L2, L2, Earth) 3 -wire (L1, L2, Earth) 8W typical (standby), 15W maximum (operation) n/a Electrical Output Standard Standard Power Share Power Select 24A Power Select 24A Power Share Power Select 16A Power Select 24A Power Share Functional Int r 7.2kW (240VAC @ 30A) n/a 5.8kW (240VAC@24A) n/a 3.8kW (240VAC@16A) n/a Connector(s) Type Cable Length - 6' Cable Management Cable Length - 8' Cable Management Overhead Cable Management System LCD Display Card Reader Locking Holster SAE J1772TM 7.2kW (240VAC@30A) x 2 7.2kW (240VAC@30A) x 1 or 3.8kW (240VAC@16A) x 2 5.8kW (240VAC@24A) x 2 5.8kW (240VAC@24A) x 1 or 2.9kW (240VAC@12A) x 2 3.8kW (240VAC@16A) x 2 3.8kW (240VAC@16A) x 1 or 1.9kW (240VAC@8A) x 2 18' (5.5 meters) n/a Yes SAE J1772TM x 2 18' (5.5 meters) x 2 23' (7 meters) 5.7" full color, 640x480, 30fps full motion video, active matrix, UV protected ISO 15693, ISO 14443, NFC Yes Yes x 2 chargepoint.com 3 ChargePoint CT4000 Family clfety and Connectivity Features Ground Fault Detection Open Safety Ground Detection Plug -Out Detection Power Measurement Accuracy Power Report/Store Interval Local Area Network Wide Area Network Safety and Operational Ratings Enclosure Rating Safety Compliance Surge Protection EMC Compliance Operating Temperature Storage Temperature Non -Operating Temperature Operating Humidity Non -Operating Humidity Terminal Block Temperature Rating Maximum Charging Stations per 802.11 Radio Group 20mA CCID with auto retry Continuously monitors presence of safety (green wire) ground connection Power terminated per SAE J1772TM specifications +/- 2% from 2% to full scale (32A) 15 minute, aligned to hour 2.4 GHz Wi-Fi (802.11 b/g/n) 3G GSM, 3G CDMA Type 3R per UL 50E UL listed for USA and cUL certified for Canada; complies with UL 2594, UL 2231-1, UL 2231-2, and NEC Article 625 6kV @ 3000A. In geographic areas subject to frequent thunder storms, supplemental surge protection at the service panel is recommended. FCC Part 15 Class A - 22°F to 122°F (-30°C to +50°C) - 22°F to 140°F (-30°C to +60°C) - 40°F to 140°F (-40°C to +60°C) Up to 85% @ 122°F (+50°C) non -condensing Up to 95% @ 122°F (+50°C) non -condensing 221°F (105°C) 10. Each station must be located within 150 feet "line of sight" of a gateway station. ChargePoint, Inc. reserves the right to alter product offerings and specifications at any time without notice, and is not responsible for typographical or graphical errors that may appear in this document. —chargepoin+ ChargePoint, Inc. 254 East Hacienda Avenue 1 Campbell, CA 1 95008-6617 USA +1.408.841.4500 or toll free +1.877.370.3802 chargepoint.com Contact Us To order your CT4000 charging station: ep Call +1.408.841.4500 or +1.877.370.3802 (US toll free) 4V) Email sales@chargepoint.com Copyright © 2015 ChargePoint, Inc. All rights reserved. CHARGEPOINT is a U.S. registered trademark/service mark, and an EU registered logo mark of ChargePoint, Inc. All other products or services mentioned are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. DS-CT4000-01. April 2015. PN 73-001020-01-7. Printed on paper made with 100% post -consumer fiber and 100% certified renewable energy, and processed chlorine free. 100% Recycled PCF Fiber Listed by Underwriters C US Laboratories Inc. LISTED GRAPHIC SCALE 40 0 20 40 80 120 GATEWAY TO TE ECULA TENTATIVE PARCEL MAP 36 62 PA14-270 IN THE CITY OF TEMECULA, STATE OF CALIFORNIA 922-L6o-oil MB:56/63-66 ------,---- ,t,--_,tt '''.---- ---.... --------....<--- 11---. / -------_ -------- -\----- i'----1:- ' -*---- 1---- ------ BE -----'-: ---- -__ REMAIN 2,2);:c7To zi 5 2 MB: 56/63-66 ZONE: VL LAND USE: VL ____ ----_____ ---______ --___---- ---,,_____ •-.___, ,.... ,.... ,-.-._----.--.__ -,-.._, ,.._ -/,,-- -----/---1-3 1-.,_-7---9 ,,-l-,_-i',- ,93o _ LINE TABLE BEARING DGTANCE 2 N33.54'08''E N56.05'52, N82.25'25, N56.05'52, N36.53'00, N35.53'00, N49.39'24, N31.05'09', N78.33'03, 26' 27' 27' sg 30' 20' 85' 22' 2 N47.08'17, N42.55'24, N47°04'361 N43°30'301 N47.04'36, 22' 37' 18' 24' 24' N42°53'12, N47.05'52, N31.05'09, N50°11'19E 4' 2 0 I 0' SYMBOLS LEGEND: EXISTNG MAJOR CONTOURS _ _ ' EXISTNG MNOR CONTOURS BOUNDARY LNE PROPOSED PARCEL LNES EXISTING PARCEL LINES CENTERLINE - - - - PROPOSED EASEMENT LINE - - - - EXISTING EASEMENT LINE - - -r- - - EXISTING WATER - - - - EXISTING SEWER - - - - EXISTNG TELEPHONE EXISTING ELECTRICAL EXISTING GAS - - - - EXISTING TELEVISION LEGEND: As APN SSESSORS PARCEL NUMBER C/L CENTERLNE C&C CUF,B AND CUTTEF, EX . EXGTN FH FIRE HYDRANT FM FORCE HI ................. MANH O.R. OFFICIAL RECORD P/L . PROPERTY LINE PM .... PARCEL MAP 2,0,FEERSS=L OFFCES RIGHT-OF-WAY STORM DRAN SQUARE FEET TENTATNE PARCEL VEF,Y LOW DENSITY RESIDENTIAL . WATER LNE DENOTES RESTRCTED ACCESS DENOTES EXISTNG TREE tif 922-1 -0, TRACT #: 3552 6:56/63-66 NE: VL L ND US : VL 1 '04 174 • .1 ic6To-o • 52 B:56/63 66 E:VL LAND /UsE• 0 41.99_ 0.38.38'49" , R=14.00' L721.17' BE ABANDONED / ANDONED N 57.42'57" W11145 / N 56°05'53" W 160.43' 96-486266 O. O.R. .... 56°05'55" W 140.38' 96— 486266 O. . N 55°09'00" W 129.93' oN, WiF X 16'—'r M — 17 RECLAIMED ATER __ ______ "-'L __ ---- - -- 7-- — — 1 — N 60°1755"4 755.78' ios,00 ,,' 4MMWRILIO • N 55'0900" 129.93' (" P77 ABANDONED A 3°06'3 " R=9071.00' L=492.20' 16284 O. — T_EMECQUO:AR6VAY jri 5=3°0632" R=9000.00' L=488.34' EX 30” WL — — — EX 30" WI; CALTRANS _ w EASEMENT NOTES: EA• Ns,spEc,:iFFEHTREsoFiFa"'DIETOIRICA'IFTROF To AuFNAE.uilpoT I.E s • EJAAJMAPTS30E, '196UTILATIEISNSITNRUDNERT RNEI.°R9D7E3D3, O.R. A-'2'Eim.,E,N9/s/sF7,,=-1/rNsi ir,',,°E4E,D347,caR,D.ED vaEpmERNErGsoRTER, rEERRPuuARRP,°n 7,7P6uBAI-c UTILITIES INSTRUMENT NO. 25717, O.R. TSWIllraTrESELZUEPTNIUANTATE SURVEY INFORMATION. ALL MEASUREMENTS Z'iliFiLO/R7,;Eg PVEERZI: 111j/ I SBLiC7:RI\KI .S API'Ll AY Nplfgil,'ICilgURAMLAIITVilli:IITSUfEANNgINSITqFAHLSL NOT BE RELIED ON FOR CONSTRUCTION PURPOSES. R/W PC n'AISVED SIDEWALK EXISTING ViVwttu,'Ll° 922-210-05Q--- \ I I \ EASEMENTS F R PUBLIC UTILITIES AND INGRESS, EGRESS D,E,E9D44R4ECIDED JUNE 28, 1995 AS INSTRUMENT NO VOSSEEMEONFT P°URBLT1r1L171RE°311A°NESMEFN°FRATNI-DIE RECCTID IENDCIDENTAL T-IAEIDETTRAT HN ACRNFETGI-TI SAID LAND EJAAI7UMAYITS3OF°1R96U'LATSIEISNSINRUVIET Rg°R9D7E3D3 0 R 134' CA EXISTING ROW w_ 0 0 09- 00• I8,00 I C:) 0 `.4],c731 A-2.'E-Irv9EETSASI MAT D 76349E C IRRD ED MAY EASEMENTS FOR THE PUF,POSE OF PUBLIC UTUTIES DEED F,ECOF,DED OCTOBER 28, 1975 AS IN T NO. 133279, O.R. EASEMENTS FOR PUBLC UTUTIES AND INCF,ESS, AIENGsRTERsus„EDNETEDN.Ec2=, ti.r/iR 2 1995 AS EASEMENTS FOR PUBLC ROAD AND UTILITY USES A,D,E0ED1=RN, JANUARY 16, 1998 AS INSTRUMENT R/W PROP EX R/W R/W 110' EXISTING ROADWAY 12' 12' 12' 12' 14' 12' BL 12' 12' 6' 6' EX P6IVIT AND BASE C&G TYP. SECTION TEMECULA PKWY (HIGHWAY 79 SOUTH) PROPOSED 8 LANE STRIPING/122' SECTION COT STD 100B URBAN ARTERIAL STA: 105+00 - 110N+007g 112+70 - 117+47 6 -FY OF _ U-LA—kv- — — — _ • 4. ---w 98 16285 O.R. N 57°11'02" W 79.07' EX 20" CML&C — Atg:,ECLAIRED WATE PM: .150/46 ZONE: HT 80 USE11414: PROPOSED EASEMENT NOTES: M PRIVATE DRAINAGE EASEMENT 111 PRIVATE WOMP BASIN EASEMENT EARTHWORK QUANTITIES: EARTHWORK QUANTITIES: 28,1 IMPORT / EXPORT 0 CUBC YARDS. EXTOL. LOVED 81' CA DWG CA 818, MB:107/3 ZONE: H LAND USE: H 157.1123"W 149.24' — EXISTING F/W 44' ± 44' 34' PRICTP.&C&G 34' 14' 12' 28' 1 —-'-k--EXIST. C&G E2c,_ PVVIT, AND BASE TYP. SECTION LA PAZ ST (EXISTING) COT STD 102 SECONDARY ARTERIAL NO SCA. 67' R/W 14' 6' 12' 12' 12' 12' 14' 12' 12' 12' 12' VARIES] ±=-1, ------------------ --- EX. PVMT AND BASE--/ (EXIST. C&G TYP. SECTION TEMECULA PKWY (HIGHWAY 79 SOUTH) PROPOSED LANE STRIPING W/RIGHT TURN LANE/130' SECTION COT STD 100B URBAN ARTERIAL STA: 110+00 - 112+70 PANP2gALK PROP. RIGHT TAL121gINE !g,31 VICINITY MAP 922-igo-o, 1 'TRACT #: 3552 r.:.3-66 TOTAL 382,985 S F 8 79 ACRES vL TOTAL NET AREA: s F THOMASBROS,20101PAGE979,2&A3 SEC. 18, T8S, R2W SEC. 13, T8S, R3W NOT -TO -SCALE ASSESSORS PARCEL NUMBER: 922-170-012 TO 016 LEGAL DESCRIPTION: LOTS 1,2,3 AND 4 OF TRACT NO. 3750 MB 59, PAGE 100, & PER LLA (PA16-0083) EXISTING ZONING: PROFESSIONAL OFFICE (PO) EXISTING GENERAL PLAN DESIGNATION: PROFESSIONAL OFFICE (PO) PROPOSED ZONING: COMMUNITY COMMERCIAL (CC) / P.D.0 14 PROPOSED GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) EXISTING LAND USE: VACANT LAND PROPOSED LAND USE: RETAIL AND COMMUNITY COMMERCIAL DEVELOPMENT TOTAL GROSS AREA: S.F. ACRES PARCEL 1 160,487 S.F. 3.68 ACRES PARCEL 2 43,477 S.F. 1.00 ACRES PARCEL 3 55,556 s,F, 1.27 ACRES PARCEL 4 56,921 S.F. 1.31 ACRES PARCEL 5 32,667 S.F. 0.75 ACRES PARCEL 6 33,877 S.F. 0.78 ACRES PARCEL 1 160,487 S.F. PARCEL 2 43,477 S.F. PARCEL 3 53,469 S.F. PARCEL 4 56,363 S.F. PARCEL 5 32,667 S.F. PARCEL 6 33,877 S.F. LOT A LOT B 2,087 S.F. lr AlC9T°#(15,4 METHOD OF SEWAGE'DI'S9POSsAFL I,. Zig-87 uTillEXTIISETIsNG PUBLIC SEVVER LINE IND USE: PO 2-wrEER, nw, EX 24" WL GAS . . SCr 11)11111:47.": ' H Mic7;736646 ZMC FORDI-TEAC:lTET`PF'INRiVEN'llq, RATE MB: 37/86-87 CALIFORNIA. PANEL NO. 06065C328, ULA D SE: PO NE' P° PROJECT NAME: 12" WL FLOOD ZONE DESIGNATION. -ME_FPNgNE.T.. \NEON CABLE ........... TIME WARNER 1111c, ' • GATEWAY TO TEMECULA NOTE: ACRES 3.68 ACRES 1.00 ACRES 1.22 ACRES 1.29 ACRES 0.75 ACRES 0.78 ACRES 8.79 ACRES 31.75' 111 8'' SEWER 1 TRACT #:4807 \ MB: 78/69-7o ZONE: H LAND USE: H C/L 6 - ENTRE PROPERTY LOCATED N COUNTY FAULT ZONE AND 1/2 MILE AWAY FROM WILLARD FAULT MODERATE LIQUEFACTION POTENTIAL =TIRE CONTGUOUS nEAD?N`)GN'AENPJ NA(F1.,,ETAlulr,,T,_,L,A0sCEODMMUNITY SERVICES DISTRICT INJA-XE BSATS°I FTIPZESLYYSTMEZIN R LANDSCAPNG G PROPO -ZyCL1_1,,:NDscApiNG rLITBPFMXT(A10 BY THE PROPERTY OWNER. r — V,.sEPVMT AND TYP. SECTION VALLEJO AVE CITY OF TEMECULA STD. TgAsMZIFIED) TRAIL 7=7,ALL p orpTAi]IpMECE PLAN MAP PREPARED: MAY 2, 2016 OWNER/APPLICANT B&P OIL SERVICES, INC. / PACIFIC REAL ESTATE C/O TONY DEHBOZORGI 886 OAK VALLEY PARKWAY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 NO DATE REVISION ENGINEER: 02/03/15 REVISED PER DRC COMMENTS 2 06/25/15 10/15/15 5 12/15/15 03/03/16 07/20/16 MZE M REVISED PER DRC COMMENTS M • IVIG MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 41635 Enterprise Chle N. - Suite B Temecula, California 92590 (951) 296-3466 TEL (El) 296-3476 FAX C-1 Sd\ Projects \ 152PEND . DWG ',ASTE^~~\ MAP,M \ 15..~. .TPM.dwg,==.~~~ GRAPHIC SCALE 4D 0 20 40 80 120 ----------__ ---/-*-- ' ( —11-11--------66:66TATTIFITAINF,66 N60.06:p 6 sP-E,,NN6 1 " --_-_-_-_ --- --*--- ------ ---------_, ------ --._ sN-- ------ --------J.---------<---- ------::: ----.*!, , -----__-----. -------_ V , --- ---___ -- — _ GATE AY TO TE ECULA CONCEPTUAL GRADING PLAN EXHIBIT "A" _ ,';;;4%/ ///6/ 4/39048,,,,,,66499, 6FS 11H°°1194'5°TrcL. • cicii58T 1-122 BLDG A rikilLs. _ PI gIN&GUTTER --„ 22=38 3949 L=21.17' -1,-,Tztro *SN 'Sb$, I /I 1014:16FEL „LF RID. 0171FL 07 N 57.42'57W111 40 56°0553" IN 160.43' — —w— — — —w— INu .. ASSESS ERS PARCEL NUMBER .A.01"..S.01.60.EARATE MAP BOOK C/L CENTERLINE P/L PROPERTY LINE RAW NEE "7 RAISCRHETIALZ WCAOYNCRETE CONC ............. CONCRETE L,SR LsA,F[1113,,APE AREAS FPHIPEAEIRNEG ESERE-AF, ES N 55°09'00" W 129.93 \'4 , — -w- - 12 FM ---- ----- - INL 13'. SEWER EX 1, INL 11:±106 107,0 !,1 ATT°1 1777-6,0 09+00 A- 3°0632" R=9071.00 L=492.20,„__,................” X. CURB, & SW -1 I N 55°0900" W „129.93' 1.00 .-EX Q//11 EX 30'' WL w - MTODN TUARNVDEAR ONUME NT FH ........ FIRE HYDRANT 1E1E1 " 1E,EISCTEETRN MUNNj1rAIT NATTER D STR CT A/VA1/0,Ar AIR VACUUM/AIR RELEASE ;VMMENSTUMETE SURVEY INFORMATION ALL MEASUREMENTS Ap"L'AYND,fg','1,,llEvg7,1'4,_1,1f,N,TsufETNg"'siT,FAHLs, NOT BE RELIED ON FOR CONSTRUCTION PURPOSES 12;//THHIBGEHR" GARDEN WALL SECTION A -Ar- IvAAvi_ELE,0 PROP. GROUND SCALE: 1"=2D'H SCALE: 1"=2D'V SCALE: 1"=2D'H SCALE: 1 "=20'V RELOCA, UTILITIES TYR - RS 13.00 — TEMECULA piciAncw w 1111: 00 _ PROP 1:3" SS 4 ° SECTION F -F 63' ENTRANCE DRIVE SCALE: 1"=20'H SCALE: 1"=20'V yr:1044.06 fgV:1038.68 E PROP. GROUND/ SECTION E=E g VALLEJO AVE W./ H6'HH 19GEH" TUBULAR STEEL FENCE TENSAR ROCK WALL SCALE: 1"=20'H SCALE: 1"=20'V SECTION C -C TEMECULA PKWY SCALE: 1"=20'H SCALE: 1"=20'V VICINITY MAP NOT -TO -SCALE THOMAS BROS (20101 PAGE 979-A2 & A3 SEC. 18, T8S, R2W SEC. 13, T8S, R3W DATA TABLE: ) ASSESSOR'S PARCEL NOS. 922-170-012 TO 2.) PROJECT NAME: GATEWAY TO TEMECULA 015 " LELn 7.,SRIA7ligN4 OF TRACT NO. 3750, MB 59, PAGE 1UU & LLA (PA1 6-0083) 4.) EARTHINORK QUANTITIES: 116,1M Ce j1,C, Cp, IMPORT / EXPORT = 0 CUBIC YARDS. 5 ) 52e1g, ECC'FiF -hril';;PIGNRGAPIISIZIEDETI'lkIETP1 P2° 2014 6.) THol, rrgcBgTZ IS NOT WITHIN A FEMA FLOODPLAIN ) P FLE1::F PDATEFnill ED 8 ) SH,VRTMERXE PLAN FOR EXISTING AND PROPOSED NsgENtHEET C-1 FOR EXISTING AND PROPOSED 10 ) SEE SHEET C-1 FOR PROPOSED STREET SECTIONS 11.) SEE SHEET C-1 FOF2 PROPER-, BOUNDARY DATA 12' ZIOIZEA7MTYMITCCAP/ FROTN2A2UIFTAULT 11RINL-nnrCPYPIIRRIG=IF-W s -r( LE,=' lwA. CAPING WILL BE MAINTAINED BY THE PROPERTY OWNER. SYMBOLS LEGEND: EXISTING MAJOR CONTOURS -- EXISTING MINOR CONTOURS BOUNDARY LINE PROP BUILDING BOUNDARY CENTERLINE - - - EASEMENT LINE - - - EXISTING WATER - s - s - EXISTING SEWER PROPOSED WATER METER Fw7HP OcSLEEDANS,EuNT/ E R LAT E RA L DENOTES RESTRICTED ACCESS SECTION D -D E GROUND P. PLANTED TENak SIERRA SLOPE SCALE: 1"=20'H SCALE: 1"=20'V PROP. GROUND OWNER/APPLICANT ,12Z,P,FT-RWv'ET,,FNc C/O TONY DEHBOZORGI 886 OAK VALLEY PARKWAY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 NO. DATE REVISION ENGINEER: 2 3 4 5 5 02/03/15 06/25/15 10/15/15 12/15/15 03/03/15 07/20/16 REVISED PER DRC COMMENTS REVISED PER DRC COMMENTS REVISED PER DRC COMMENTS REVISED PEF2 DRC COMMENTS REVISED PER DRC COMMENTS REVISED PER DRC COMMENTS M NIG MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. 0635 Enterprise Chle N. - Suite B Temecula, California 92590 (El) 296-3466 TEL (El) 296-3476 FAX C 2 SC\ Projects \ 152.~.CNC ',ASTE^~~\ MAP,M \ 15..~. . TPM ~ CONCEPT .~~=25/20..~~ 60'N THm.cflit.iiBNLDiLA4p!TEEL — — rNCDK;PA.LL 54,,00 7-, PLANTING LEGEND SYMBOL ABBREVIATION BOTANIC& NAME COMMON NAME SIZE NUMBER REMARKS WATER USE ! •0 /1011171-70:1/ SEE SHEET L-2 FOF2 ALL ZTBN P T TREES: ARB. MAR. ARBUTUS MARINA ARBUTUS 24. BOX 36 DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3.-4' MIN. CHI. TAS. CHITALPA TASHKENTENSIS FLOWERING CHITALPA 15 GAL. 84 DOUBLE STAKE / HEIGHT 7-8' , SPREAD ,V MIN. LAG. F. 'T.' LAGERSTROEMIA FAUERI 'TUSCARORA' RED CRAPE MYRTLE 24,0X 28 DouBLE sTAKE / HEIGHT 8-10' , SPREAD 3.-4' MIN. OLE. E. 'S.H.' OLEA EUROP. 'SWAN HILL' FRUITLESS OUVE 24736. BOX 73/11 DOUBLE STAKE /40643 8-10' , SPREAD 3'-4MIN. QUE. SUB. QUERCUS SUBER CORK OAK 24736. BOX 13/6 DOUBLE STAKE / HEIGHT 10-12 , SPREAD 5'-6' MIN. PLATANUS ACERIFOLIA 'BLOODGOOD' LONDON PLANE TREE 24,0X DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3-4' MIN. SHRUBS: CALUSTEMON VIMINAUS UTTLE JOHN' DWARF BOTTLE BRUSH 5 GAL FULL 8c BUSHY 0 3' 0.C. HES. PAR. HESPERALOE PARVIFLORA RED YUCCA 5 GAL FULL & BUSHY 0 3' 0.C. (USE IN 36^ DIA. POTS) HET. ARB. HETEROMELES ARBUTIFOUA TOYON 5 GAL FULL & BUSHY 0 5' 0.C. ANA. FLA. ANAGOZANTHUS FLAVIDUS 'VELVET' KANGAROO PA. 5 GAL FULL & BUSHY 0 3' 0.C. (USE IN 36. DIA. POTS) PER. ATR. PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE 1 GAL. TRIANGULAR SPACING 0 5' 0.C. AGA. 'S.' AGAVE 'SHARKSKIN' SHARKSKIN AGAVE 5 GAL FULL & BUSHY 0 5' 0.C. LEUCOPHYLLUM FRUTICOSUM 'GR. CLOUD' TEXAS RANGER 5 GAL FULL & BUSHY 5' 0.C. ROSA 'GREEN CARPET RED' RED GROUND COVER ROSE 5 GAL FULL 8c BUSHY 0 3' 0.C. SAL GRE. SALVIA GREGG! AUTUMN SAGE 5 GAL FULL & BUSHY 0 3' 0.C. VINES: WIS. SIN. WISTERIA SINENSIS CHINESE WISTERIA 5 GAL AT1ACH TO WALL (USE IN POTS BY TRELLISES) DIS. BUC. DISTICTUS BUCCINITORIUS RED TRUMPET VINE 5 GAL ATTACH TO WALL FIC. REP. FICUS REPENS CREEPING FIG 5 GAL ATTACH TO WALL MULCH & GROUNDCOVER: WOOD MULCH FOREST BLEND WOOD MULCH MEDIUM GRIND WOOD MULCH AS REVD. 3. DEEP — INSTALLED IN &L SHRUB PLANTING AR. TYP. BAC. P. 'P.P.' BACCHARIS PILULARIS 'PIDGEON POINT' PROSTRATE COYOTE BUSH 1 GAL TRIANGULAR SPACING 0 5' 0.C. MYO. PAR. MYOPORUM PARVIFOLIUM PROSTRATE MYOPORUM 1 GAL. TRIANGULAR SPACING 0 5' 0.C. JUN. PAT. JUNCUS PATENS CALIFORNIA RUSH 1 GAL. TRIANGULAR SPACING 0 3' 0.C. IN E3ASINS R ° Isoeco-o. PFSPNPI CONDRETE cin PARCEL BouNDARy Typ SITE CALCULATIONS PARCEL 3,4,5 and 6 ENTIRE SITE AR. BASIN LANDSCAPE AR. LANDSCAPE AR. TOTAL LANDSCAPE AREA LANDSCAPE AR. IN R.O.W. 178,998 SQ. FT. 4,152 SQ. FT. 43,448 SQ. FT. 47,600 SQ. FT. 27% OF THE SITE 19,406 SQ. FT. NOTES: trEcivaasttz,s,rymoz„;,LA'NcE 1,127=1- PE'ralEskrrai EVE& TWATER CONSERVATION ORDINANCE 3. AtLvEsMA077,1RE PLAtI.TVES,H,aNOT INTERFERE WITH UTILITY 4. ALL ununEs SHALL BE SCREENED IV PLANING ,P. 5. CONTACT CI, FOR ALL REQUIRED INSPECTIONS. 6. TREES & SHRUBS SHALL PLACED A MINIMUM OF 5' AWAY ntlr/UVR0770E'R'Ags; AEOTA7UTTI,SEPWEOIERAVIINIMUM ,EIT'A,4=EFR,0014NNFEjoHN5Y0RANTS & FIRE DEPARTMENT SPRINKLER 7. A MINIMUM OF 1 TREE PER 30 LIN. FEET OF STREET FRONTAGE IS REQUIRED. VJAERARNLC4E'RE OCTR EAMT7'S'VER"D "R g :LEL:LS SZLLp,foOlVRFARu.NRIZEZ CI, OF TEMECULA CITY-WIDE D.IGN 10. ALL LANDSCAPING AREAS SHALL BE MAINTAINED BY THE OWNER. PREPARED FOR: B&P OIL SERVICES, INC/ PACIFIC REAL ESTATE AMIR & TONY DEHBOZORGI 886 OAK VALLEY PKWY BEAUMONT, CA 92223 TEL. (714) 719-8100 FAX: (909) 833-7694 JOB #14-113 8/8/16 4D lg GIAPHIC SCALE 60 1 INCH = 40 FT ALHAMBRA GROUP LANDSCAPE ARCHITECTURE California license #2017 RECREATION FACILITIES PLANNING 1e4ec6l0,605 92=Pr7;5r296'-'68'0' SuFA; 96-6803 GATEWAY TO TEMECULA PRELIMINARY PLANTING PLAN L-1 of 2 APN 1922-170-015 PA 14-2707 8-8-16 DEVELOPMENT PLAN SUBMITTAL #7 PARCEL 6 /Mk Aini. 41111\ ,.qigzamrezamezmge.mszlsrgzaanrdwmarcairn ‘1 ' Mora razwa OIL DOUBLE STAKE /HEIGHT 8-10' , SPREAD S-4. MIN. DOUBLE STAKE /HEIGHT 8-10' , SPREAD S-4. MIN. DOUBLE STAKE /HEIGHT 1,-12 , SPREAD 5'-6' MIN. DouBLE sTAKE /HEIGHT 8-10' , SPREAD 3'-4. MIN. FULL & BUSHY 0 3' 0.C. (USE IN 36" DA. POTS) FULL & BUSHY 0 3' 0.C. (USE IN 36" DIA. POTS) ENTIRE SITE AR. BASIN LANDSCAPE AR. LANDSCAPE AREA TOTAL LANDSCAPE AR. LANDSCAPE AR. IN R.O.W. 176,380 SQ. FT. 4,152 SQ. FT. 43,448 SQ. FT. 47,600 SQ. FT. 27% OF THE SITE 19,406 SQ. FT. 7. a Pc,LA,Nrazz=vEmEcNocrsz„acE AThuRroycwr csIlLyL OBFE TEATIVTWA TER CONSERVATION ORDINANCE 3. i4fLvEsMA077,1RE PLAtlyrESLTLELs.Nor IIVTERFERE WITH UTILITY 4. ALL UTILMES SHALL BE SCREENED W/ PLANTING TYP. 5. CONTACT arr FOR ALL REQUIRED INSPECTIONS. PIZA7 :ATXRAVErri S aMEETELRATTR ASAEZIAMTERFAL3: AWAY A MINIMUM OF 10' AWAY FROM 'min' POLES; & A MWIMUM s8T'AZ4;17,00MNNFZIgoWNYTRANTS & FIRE DEPARTMENT SPRWKLER 7. A MINIMUM OF 1 TREE PER 30 LINE4L FEET OF SMEET FRONTAGE IS REQUIRED. TirSCSPACLI_!AERARNLCAPTIaL5 EAMTP7S.°VER"D "R LINES a adidtirs sArporRFEozazarr OF TEMECULA CITY-WIDE DESIGN 10. ALL LANDSC4PING ARE4S SHALL BE MAINTAINED BY ME OWNER. 0 CR2oAPHIC SCA4oLE 20 80 1 INCH = 20 FT. 3" DEEP - INSTALLED IN ALL SHRUB PLANTING AREAS TYP. PREPARED FOR: B&P OIL SERVICES, INC/ PACIFIC REAL ESTATE AMIR & TONY DEHBOZORGI 886 OAK VALLEY PKWY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 JOB #14-113 8/8/16 ALHAMBRA GROUP LANDSCAPE ARCHITECTURE California license #2017 RECREATION FACILITIES PLANNING Temecula,11N5 9E0000P7jir296'2°68'01 SLrAt; 296-6803 GATEWAY TO TEMECULA PRELIMINARY PLANTING PLAN L-2 of 2 ATTACH VINES TD 6' HIGH TUBULAR STEEL FENCE @ 12' 0.C. 6' HIGH BLOCK WALL TYP. D.G. TRAIL TYP. 7. 11=N112KIIITG'WIAl!L ITYPK RETAINING WALL TYP. 6' HIGH BLOCK WALL TYP. •ENH21-14JBULAR STEEL PARCEL 1 FOR REFERENCE ONLY _ . PARCEL 4 TABL RCEL 5 LIGHT POLE TYP. IA. PDT El 19 195. NDARY PLANTING LEGEND SYMBOL ABBREVIATION BOTANICAL NAME COMMON NAME SIZE NUMBER REMARKS WATER USE run,IvRNE SEE SHEET L 2 FOR ALL I=TBN: P°T TREES: ARB. MAR. ARBUTUS MARINA ARBUTUS 24'. BOX 36 DOUBLE STAKE / HEIGHT 8-10' SPREAD 3'-4. MIN. CHI. TAS. CHITALPA TASHKENTENSIS FLOVVERING CHITALPA 15 GAL. 84 DOLL., STAKE / HEIGHT 7, , SPREAD MIN. LAG. F. 'T.' LAGERSTROEMIA FAUERI 'TUSCARORA' RED CRAPE MYRTLE 2, BOX 28 DOBBLE STAKE / HEIGHT 8-10' , SPREAD 3.-4. MIN. OLEA EUROPEA 'SWAN HILL' FRUITLESS OLIVE 24736.' BOX 73/11 DOUBLE STAKE / HEIGHT 8-10' . SPREAD 3.-4' MIN. OUE. SUB. OUERCUS SUBER CORK OAK 24736.' BOX 13/6 DOLL., STAKE / HEIGHT 10.-12 , SPREAD 5.-6. MIN. PLA. A. `B.G.' PLATANUS ACERIFOLIA 'BLOODGOOD' LONDON PLANE TREE 2, BOX DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3.-4' MIN. SHRUBS. CAL. V. .L.J.• CALLISTEMON VIMINALIS 'LITTLE JOHN' DWARF BOTTLE BRUSH 5 GAL FULL & BUSHY © 3' 0.C. HES. PAR. HESPERALDE PARVIFLORA RED YUCCA 5 GAL FULL & BUSHY © 3' 0.C. (USE IN 36'. DIA. POTS) HET. ARB. HETEROMELES ARBUTIFOLIA TOYON 5 GAL FULL & BUSHY CO 5. 0.C. ANA. FLA. ANAGOZANTHUS FLAVIDUS 'VELVET' KANGAROO PAWS 5 GAL FULL & BUSHY © 3' 0.C. (USE IN 36'. DIA. POTS) PEF2. ATR PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE 1 GAL. TRIANGULAR SPACING 0 5' 0.C. A.. S.• AGAVE 'SHARKSKIN' SHARKSKIN AGAVE 5 GAL FULL & BUSHY C. 5. 0.C. LEU. F. 'G.C.' LEUCOPHYLLUM FRUTICOSUM 'GR. CLOUD' TEXAS RANGER 5 GAL FULL & BUSHY 5' 0.C. ROS. ROSA 'GREEN CARPET RED' RED GROUND COVER ROSE 5 GAL FULL & BUSHY @ 3. 0.C. SAL. GRE. SALVIA GREGGI AUTUMN SAGE 5 GAL FULL & BUSHY @ 3' 0.C. VINES: VVIS. SIN. WISTERIA SINENSIS CHINESE WISTERIA 5 GAL ATTACH TO WALL (USE IN POTS BY TRELLISES) DIS. BUC. DISTICTUS BUCCINITORIUS RED TRUMPET VINE 5 GAL ATTACH TO WALL FIC. REP. FICUS REPENS CREEPING FIG 5 GAL ATTACH TO WALL MULCH & GROUNDCOVER: VVOOD MULCH FOREST BLEND WOOD MULCH MEDIUM GRIND WOOD MULCH MAX. AS HQ,. 3.' DEEP — INSTALLED IN ALL SHRUB PLANTING AREAS TYP. BACCHARIS PILULARIS 'PIDGEON POINT' PROSTRATE COYOTE BUSH 1 GAL TRIANGULAR SPACING 5' 0.C. MYO. PAR. MYOPORUM PARVIFOLIUM PROSTRATE MYOPORUM 1 GAL. TRIANGULAR SPACING 0 5' 0.C. JUN. PAT. JUNCUS PATENS CALIFORNIA RUSH 1 GAL. TRIANGULAR SPACING 0 3' 0.C. IN BASINS NOTES: FilsB7A-ENT, 7-2"" 5. CONTACT CI, FOR ALL REQUIRED INSPECTIONS. SITE CALCULATIONS PARCEL 34, 5 and 6 ENTIRE SITE AREA BASIN LANDSCAPE AREA LANDSCAPE AREA TOTAL LANDSCAPE AREA LANDSCAPE AREA IN R.O.W. 178,998 SQ. FT 4,152 SQ. FT 43,448 SO. FT. 47,600 SQ. FT 27% OF THE SITE 19,406 SQ. FT. FarCALSAS gsTEL42,E4E7,-A4N",:,7 nai:Acd,roEmNFAT,,z1.-- (iPARTMENT s4NKL' 7. A MINIMUM OF 7 TREE PER 30 LINEAL FEET OF STREET FRONTAGE IS REQUIRED. ' ,AZ riTEVEHALL'AERAPNENIZTREAA,,v,Z,"--- —Es 9. LL,ILIZ T-XLL,DC,ON,FEO,R,AARliffELI-71 CI, OF TEMECULA CITY—WIDE DESIGN 10. ALL LANDSCAPING AREAS SHALL BE MAINTAINED BY THE OWNER. PREPARED FOR: B&P OIL SERVICES, INC/ PACIFIC REAL ESTATE AMIR & TONY DEHBOZORGI 886 OAK VALLEY PKWY BEAUMONT, CA 92223 TEL: (714) 719-8100 FAX: (909) 833-7694 JOB #14-113 8/8/16 40 GIAPHIC SCA.LE 1 60 1 INCH = 40 FT ALHAMBRA GROUP LANDSCAPE ARCHITECTURE California license /2017 RECREATION FACILITIES PLANNING Temecui.4, 1N5 9[2`M"Pr'NJircIng'o' SuFA 96-6803 GATEWAY TO TEMECULA PRELIMINARY PLANTING PLAN L-1 of 1 APN *922-170-015 PA 14-2707 8-8-16 DEVELOPMENT PLAN SUBMITTAL #7 GATEWAY TEMECULA Temecula, CA COMPREHENSIVE SIGN PROGRAM AUGUST llth, 2016 PREPARED FOR PREPARED BY Pacific Real Estate LLC. and B & P Oil Services Inc. AD/S 886 Oak Valley Parkway, 1160 Railroad St. Beaumont, California 92223 Corona, California 92882 909.938.0979 951.278.0680 COMPANIES ■ ■ DEVELOPER / OWNER Pacific Real Estate LLC. and B & P Oil Services Inc. 886 Oak Valley Parkway, Beaumont, California 92223 909.938.0979 SIGN CONSULTANT Fr COMPANIES 1160 Railroad St. Corona, California 92882 951.278.0680 GATEWAY TEMECULA TABLE OF CONTENTS Objective Page 1 Sign Size Parameters 2 Sign Styles 3 Type Styles & Logos, Lighting, Colors 4 Approval Process 4 Prohibited Signs, Window Display Graphics 5 Fabrication & Installation 5 Blade Signs / Under Canopy Signs 6 Site Plan 7 Building Elevations 8A - 8E Corner Monument Sign 9A, 9B D/F Project & Tenant Monument 10 Gas Station 11 LA Fitness 12 S/F Directional Sign 13 Parking Code Entry, Stop and Handicap 14 Store Hours and Rear Entry Signs 15 Building Address Numbers 15 l'144 [gilt r c GATEWAY TEMECULA OBJECTIVE The objective of the following sign criteria is to provide standards and specifications that assure consistent quality, size, variety and placement for Tenant signs throughout this project. This criteria is also intended to stimulate creative invention and achieve the highest standard of excellence in environmental graphic communication. Such excellence is best achieved through open and frequent dialogue between Tenant, Landlord, and the project's graphic design consultant. Signage at Gateway Temecula, Temecula, California is an integral part of the center's image and appeal, so signs must be thoughtfully designed, placed and proportioned to the individual architectural facade on which they are placed. Care in the design and installation of store signs will enhance customer's appreciation. OVERVIEW The overview of this criteria is to assist the Developer/Tenant and City relationship. The Developer and/or Landlord will be responsible to: a. Provide base building design and construction information requested by Tenant's sign design consultant. b. Review, comment and approve Tenant sign submission. In return, the Tenant will be responsible for: Design, fabrication, permitting and installation of signs, including any structural support and electrical service and any any special installation requiring addition or modification to the shell building approved by the Developer. Maintenance of the Sign The Tenant shall employ professional sign fabricators and installers approved by the Developer who are well qualified in the techniques and procedures required to implement the sign design concept. The Tenant will abide by all provisions, guidelines and criteria contained within this "Gateway To Temecula" Sign Program. Only those sign types provided for and specifically approved by the Developer in Tenant's sign submission documents will be allowed. The Developer may, at his discretion and at the Tenant's expense and after proper notice to Tenant, replace or remove any sign that is installed without Developer's written consent, or that is not executed in conformance with the approved submission. Tenant shall furnish the Developer with a copy of all sign fabrication and installation permits prior to installation. It will be the responsibility of the Tenant to satisfactorily repair and patch holes of their storefront sign area should the Tenant vacate these premises. Note: This sign program is intended to show the location, size and square footage of signs (building and site signs). Designs may change in the future as the project moves forward and are subject to change at Landlord's discretion. Such changes to this sign program must be approved by the City of Temecula. COMPANIES GATEWAY TEMECULA RAVIoLISI lI/�u SIGN SIZE PARAMETERS (A) Project Monument One (1) 17'-3" high maximum, double faced illuminated monument sign with Project and Tenant names. (B) Project Monument (Corner Monument) Four Piece (4) Multi -Level, 11'-0" high maximum, single faced illuminated monument sign with Tenant names. Note: Monument Signs A & B shall be located within planting areas consistent with development code section 17.28.070. (C) Gas Price Monument One (1) 6'-0" high maximum, double faced illuminated monument sign with an LED digital display option. (D) LA Fitness Two (2) illuminated channel letter signs, One (1) illuminated logo sign; all Three (3) wall mounted. (E) Wall & Canopy Mounted Signs Each Tenant is allowed storefront ID signs above their storefront. Tenants with building elevations facing multiple exposures such as public streets and/or internal parking lots, streets or alleyways, may incorporate signage at each elevation, as approved by Landlord at Landlord's discretion but not to exceed total square footage allowed for their leased building area. Sign area allowed for each Tenant shall be calculated as follows: One (1.0) square feet of sign area per linear foot of each tenants elevations. Secondary sign copy is permitted but shall not exceed the total square footage of sign area permitted by the Tenant's leased storefront. The maximum width of any Tenant's storefront sign may not exceed eighty (80%) percent of the Tenant's leased storefront. In no case may a sign extend beyond the roof parapet or adjacent building eave line. Signs are not allowed on or against any roof structures. Deviation from requirements: When it is found that the strict or literal interpretation of the provisions set forth in this criteria would cause undue difficulties and unnecessary hardship inconsistent with the purpose and intent of this criteria, a minor deviation or deviation may be granted subject to specific requirements and findings as set forth below. • The sign is in proportion to the structure or use to which it relates. • The sign's external features are in balance and unity, and present a harmonious appearance. • The sign is consistent with the objectives of the overall general plan. • Deviations must be approved by Landlord and the City of Temecula. All signs shall be measured for area by drawing a single, continuous, rectilinear perimeter of not more than eight straigt lines, enclosing the extreme edge of the writing, representation, emblem or other display. Backgrounds, supporting framework or bracing incidental to the display itself shall not be included in calculating this area. TENANT NAME COMPANIES 2 Examples of Mixed Media: tlirj1 • .11V Individual internally illuminated channel letters mounted on canopy. Halo lit letters on wire mesh background. External downlighting. External Gooseneck Lighting Fixture. GATEWAY TEMECULA 1 Wall mounted Halo illuminated channel letters with an aluminum panel and routed copy. 1 e • 2.11 I P External downlighting. SIGN STYLES Creative and imaginative signage is strongly encouraged and will be the standard for Developers review/approval of all sign design submittals. There are many acceptable sign treatments, however a Mixed Media * three-dimensional approach combining several different fabrication and lighting techniques is preferred. Tenants are strongly encouraged to consider the specific architectural style of their facade, the overall concept of the project, the scale of the proposed sign and the critical viewing angles and sight lines when designing appropriate graphics and signs for the storefront. Note that specific locations and surrounding architectural treatments can limit the maximum sign height and length, which may differ from the general guidelines proposed above. The Developer and The City of Temecula reserve the right to approve or reject any proposed sign on the basis of the size and placement. Acceptable sign styles include: 1. Creative use of Standard illuminated channel letters. 2. Front and halo -illuminated channel letters. 3. Halo illuminated letters, 3" deep minimum. 4. Mixed media / dimensional signs using images, icons, logos, etc. 5. Mixed media, 3-dimensional signs painted gold, silver or copper leaf. 6. Dimensional geometric shapes. 7. Sandblasted; textured and/or burnished metal -leaf faced letters, pin mounted from facade with gooseneck light fixtures. * Mixed Media signs are signs employing two or more illumination and fabrication methods. For example: Halo lit reverse channel letters. Also, although simple rectangular cabinet signs are not allowed, mixed media signs may be composed of elements, one of which may be a panel or cabinet. However, the panel / cabinet sign should not exceed 50% of the total a sign area. With the Developer approval, complex shaped (i.e Polyhedron) sign cabinets which is part of a national logo, may be used alone if they incorporate dimensional elements such as push -through letters. NOTE: ALL TENANT WALL SIGNS ON THE NORTH ELEVATION ABOVE THEIR STORE FRONTS FACING THE RESIDENTIAL HOMES MAY ONLY BE HALO ILLUMINATED. Craterirlarrel COMPANIES ■ ■ ■ 3 TYPE STYLES & LOGOS The use of logos and distinctive type styles is encouraged for all Tenant signs. Sign lettering may be combined with other graphics and or dimensional elements denoting the type of business. The Tenant may adapt established styles, logos and/or images that are in use on similar buildings operated by the Tenant in California, provided that these images are architecturally compatible and approved by the Landlord and the City of Temecula. The typeface may be arranged in one (1) or two (2) lines of copy and may consist of upper and/or lower case letters. The Tenant should identify trademark protected type and marks in their sign submission to assist the Landlord and City of Temecula in the review process. LIGHTING Tenant signs should be creatively illuminated using a variety of lighting techniques. One or more of the following are allowed: 1. Light Emitting Diodes (LED's) 2. Fiber Optics 3. Cove Lighting (Indirect Illumination) 4. Incandescent light bulb If it is determined by Landlord at any time that the primary lighting of Tenant's wall sign or blade sign is too intense, the Landlord may require at Tenant's expense to install a dimmer switch. COLORS The following guidelines are for selecting colors of Tenant's signing. The project and the individual building facade will consist of a variety of colors and materials. Signs may incorporate regionally and nationally recognized logo colors. Sign colors should be selected to provide sufficient contrast against building background colors. Sign colors should be compatible with and complement building background colors. Sign colors should provide variety, sophistication and excitement. Color of letter returns shall be a contrasting color to the face of the letter. Neon accent colors should complement related signing elements. Bright colors such as " Hot Pink " will not be allowed. GATEWAY TEMECULA APPROVAL PROCESS At least thirty (30) days prior to the Landlord's scheduled delivery of the premises, Tenant shall provide the following information to the Landlord for review. Note: This information is separate from sign approval submission and store design and drawing submissions, and will be used to begin the sign design process. Store Name; Store Logo (in color with colors identified); Store interior materials, colors and finishes. Allowing reasonable time for Landlord's review and Tenant's revision of submission in advance of sign fabrication, Tenant shall submit for Landlord's approval, three (3) sets of complete and fully dimensioned shop drawings of the Tenant's sign to the Landlord's Tenant Development Director. Shop drawings shall include at least the following: Tenant's entire building facade elevation, showing the proposed sign, in color drawing to scale of 1/4" - 1'-0". Plus a site plan with the marked locations of the proposed sign(s). Storefront (partial building) elevation showing the location, size, color, construction and installation details of the Tenant's proposed sign. Typical "section -though" letter and/or sign panel showing the dimensioned projection of the letter or panel face and the illumination method. Color and material samples together with a photograph (if possible) of a similar installation. Within thirty (30) days of receipt of the sign submission, the Landlord will approve, as noted, or disapprove with comments the Tenant's sign design. Tenant must respond to the Landlord's comments and re -submit within fourteen calendar days, and repeat this process until all sign design, fabrication and installation issues are resolved to the Landlord's satisfaction. Upon receipt of final sign approval, Tenant may submit the proposed sign to the governing agency for review for consistency with the Sign Program and the required fabrication and installation permits. Tenants are required to provide two (2) sets of the Landlord approved drawings to the City of Temecula when submitting for building and electrical permits. Creative use of cabinets with pushed through copy and dimensional icons are occasionally an excellent solution, when architecturally channel letters cannot be used. I � COMPANIES ■ ■ ■ 4 THE FOLLOWING SIGNS AND ELEMENTS ARE PROHIBITED 1. A sign that consists of only an unadorned rectangular cabinet signs with translucent or opaque faces. 2. Temporary wall signs, Pennants, Sale /promotional Banners, Inflatable displays or Sandwich boards, unless with specific prior approval from Landlord 3. Temporary signs are subject to The City of Temecula temporary sign regulations. 4. Gold leaf treatments on windows or box signs without Landlord's written approval. Note: Approval is at Landlord's discretion. Off the shelf signs are discouraged. 5. Exposed junction boxes, wires, plug in wires on window signs, transformers, lamps, tubing, conduits, raceways or neon crossovers of any type. 6. Signs using trim -cap retainers that do not match the color of the letter and logo returns (polished gold, silver or bronze trim caps are NOT permitted). 7. Pre -manufactured signs, such as franchise signs that have not been modified to meet these criteria. 8. Paper, cardboard, or Styrofoam signs, stickers, or decals hung around or behind storefronts. (Except those required by governmental agencies) 9. Exposed fasteners, unless decorative fasteners are essential to the sign design concept. 10. Simulated materials such as wood grained plastic laminates or wall coverings. 11. Flashing, oscillating, animated lights or other moving sign components. 12. Rooftop signs or signs projecting above roof lines or parapets. 13. Signs on mansard roofs or equipment screens. 14. Advertising or promotional signs on parked vehicles. 15. Sign company decals in full view (limit to one placement only). 16. Painted signs. 17. Portable and A -frame signs. 18. Wind -activated and balloon signs. 19. Outdoor advertising structures (billboards). 20. Signs painted directly onto the building will not be permitted. 21. Noncompliant signs are to be removed immediately upon request. 22. Promotional and temporary signs will not be permitted without written Landlord approval and must be in accordance with City of Temecula ordinances. TYPICAL FRONT ENTRY ELEVATION GATEWAY TEMECULA This type of sign is NOT permitted. This type of sign is permitted. Max. 2'-6" x 3'-0" 7.5 sq. ft. in area. WINDOW DISPLAY GRAPHICS Each Tenant is allowed a limited amount of window signage on their storefront windows. 1. Two (2) square feet of company vinyl name and/or logo in each storefront window or Nine (9) square feet of a company logo (illuminated or non -illuminated) in any one (1) window of a Tenant's storefront. Note: Exposed neon is not permitted in windows. 2. One (1) square foot of company store hours, to be white vinyl non lit copy. 3. Alcohol & tobacco advertisements will not be permitted, unless specifically approved by Landlord. NOTE: All of the above requires approval from the Landlord and the content will be at the sole discretion of the Landlord. FABRICATION The Tenant must insure that his sign fabricator and installer understand their responsibilities before they begin the sign fabrication. The Tenant's sign contractor is responsible for the following: 1. Signs must be fabricated of durable appropriate weather resistant materials complementary to the base building materials. 2. Dissimilar metals used in sign fabrication shall be separated with non-conductive gaskets to avoid electrolysis. Additionally stainless steel fasteners shall be used to attach dissimilar metals. 3. Threaded rods or anchor bolts shall be used to mount sign letters which are held off the background panel. Angle clips attached to letter sides will NOT be permitted. 4. Colors, materials, finishes shall exactly match those submitted to and approved by the Landlord. 5. Visible welds and seams shall be ground smooth and filled with auto body compound before painting. 6. No fasteners, rivets, screws or other attachment devise shall be visible from any public vantage point. 7. Finished metal surfaces shall be free from canning and warping. All sign finishes shall be free of dust, orange peel, drips and runs and shall have a uniform surface conforming to the highest industry standards. 8. Reverse channel letters shall be pinned two (2") inches from the wall. The letter return depth shall be minimum three (3") inches and letters shall have a clear acrylic backing. 9. All Signs to be pegged a minimum of a half eh") inch from wall or facade onto which the letters are attached. INSTALLATION The Tenant's sign installer will provide the following: 1. Provide the Landlord with an original certificate of insurance naming the Landlord as an additional insured for liability coverage in an amount required by Landlord. 2. Obtain all required sign permits from the City of Temecula, California and deliver copies to the Landlord before installing the sign(s). 3. Keep a Landlord approved set of sign drawings on site when installing the sign(s). 4. Warrant the sign(s) against latent defects in materials and workmanship for a minimum of one (1) year. Cril COMPANIES ■ ■ ■ 5 3'-0" SCALE: 3/8" = 1' - 0" GATEWAY TEMECULA PEDESTRIAN ORIENTED PROJECTING BLADE SIGN Each Tenant is permitted one (1) blade / under canopy sign per customer entrance. The blade sign program requires that each Tenant's graphic identity be transformed into a 3-dimensional double-faced sign. Can -style signs are not permitted. The Landlord encourages the Tenant to propose blade / under canopy sign design, which enrich the pedestrian environment with a creative use of color and material combined with a strong store name identification. Blade / under canopy signs will be non -illuminated. The external lighting method for these signs shall be determined by Landlord. Blade / under canopy signs shall project no more than three foot six inches (3'-6") from the building face, and shall be no more than two feet six (2'-6") in height, with a maximum of eight (8) square feet of area for each face. Clearance from the underside of the blade sign to the finished common area paving shall be a minimum of eight (8'-0") feet. The blade sign may not be the Tenant's primary store identification sign and will not be included in the calculation for the overall area permitted. The blade sign may use creative shapes and be 3-dimensional. Landlord is not responsible for structural backing or the dedicated primary electrical power that may be required to support the blade sign. This must be coordinated with Tenant's Improvement Contractor prior to installation. Lighting method examples. Cril COMPANIES ■ ■ ■ 6 SITE PLAN 0 0 00° o 0 Jo — FITNESS BLDG. 37,000 SF. (6.3711000 = 236 ST.) / 0000 0 -000 / LA FITNESS SIGNS (D) iiiiiiii 00 00 00 000,00.000 „\00000,000:070000000000 0 0 DIRECTIONAL SIGN (F) // REST. 8,000 SF. (8/1000 --- 60 ST) PROJECT AND TENANT ENTRY MONUMENT SIGN (B) — TEMECULA PARKWAY /0 0, 7 TENANT CHANNEL LETTERS - HALO ILLUMINATED ONLY GATEWAY TEMECULA \ \n\ II\c\\ GAS STATION SIGN (C) — 4 Office Signs Stacked Vertically a•,1 --a Office Signs 1 1 „ Retail Signs Monument Retail Signs 11. Tenant Sign (A) TENANT CHANNEL LETTERS - FACE LIT OR HALO ILLUMINATED • STOP SIGNS I DISABLED ACCESSIBILTY PARKING SIGNS I FIRE LANE SIGN ,R, COMPANIES • • • 7 GAS STATION BUILDING -A ELEVATIONS SOUTH ELEVATION R NORTH ELEVATION EAST ELEVATION GATEWAY TEMECULA TENANT CHANNEL LETTERS - HALO ILLUMINATED ONLY -ft WEST ELEVATION TENANT CHANNEL LETTERS - FACE LIT OR HALO ILLUMINATED VTGE, ITS, C1R {, OMI COMPANIES 8.A BUILDING -B ELEVATIONS NORTH ELEVATION SOUTH ELEVATION GATEWAY TEMECULA TENANT CHANNEL LETTERS - HALO ILLUMINATED ONLY EAST ELEVATION WEST ELEVATION TENANT CHANNEL LETTERS - FACE LIT OR HALO ILLUMINATED COMPANIES ■ ■ P - 8 .B r Pindrx, SOUTH ELEVATION BUILDING -C ELEVATIONS ti 4 WEST ELEVATION NORTH ELEVATION GATEWAY TEMECULA TENANT CHANNEL LETTERS - HALO ILLUMINATED ONLY EAST ELEVATION TENANT CHANNEL LETTERS - FACE LIT OR HALO ILLUMINATED COMPANIES ..P- 8.0 Retail Signage WEST ELEVATION Retail signage 7-1 NORTH ELEVATION GATEWAY TEMECULA BUILDING -D ELEVATIONS —Retail signage SOUTH ELEVATION Retail Signage TENANT CHANNEL LETTERS - HALO ILLUMINATED ONLY EAST ELEVATION TENANT CHANNEL LETTERS - FACE LIT OR HALO ILLUMINATED COMPANIES ■ ■ 8.D SOUTH ELEVATION ■ NORTH ELEVATION ■ Ew 1 ®1 MIMI M EAST ELEVATION V EJO AYE it1I5, WEST ELEVATION GATEWAY TEMECULA PARK 114G LA FITNESS COMPANIES ■ ■ ■ 8e GATEWAY TEMECULA CORNER MONUMENT SIGN (A) Cril COMPANIES ■ ■ , 9a CORNER MONUMENT SIGN (A) Plan View LAIFITNESS TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME LA Fitness: 132" x 14" = 12.83 s/f Chevron: 33" x 36" = 8.25 s/f Tenant Names: 66" x 6" (8x) = 22.00 s/f GATEWAY: 96" x 13" = 8.67 s/f Temecula: 62" x 14" = 6.03 s/f TOTAL = 57.78 s/f Aluminum cabinet painted PMS 284 per LAFitness logo, copy to be acrylic pushed-thru (internally illuminated) Aluminum cabinet with corten steel exterior painted rust color or faux corten finish, painted rust color, copy to be acrylic pushed-thru (internally illuminated) Copy Font - Futura Bold Condensed SCALE: 1/4" = 1'-0" GATEWAY TEMECULA 12'-4" 10'-0" 27'-10" COMPANIES ■ ■ ■ 9b "IMP& PROJECT ENTRY MONUMENT (B) 10'-8" 18" 7'-0" Aluminum cabinet with corten steel exterior painted rust color or faux corten finish, painted rust color, copy to be acrylic pushed-thru (internally illuminated) Aluminum square tube support with faux corten finish, painted rust color Aluminum wire mesh painted rust color, matte finish TENANT NAME 1 TENANT NAME 2 TENANT NAME 3 TENANT NAME 4 TENANT NAME 5 TENANT NAME 6 TENANT NAME 7 TENANT NAME 8 -Beam, with faux corten finish, painted rust color Aluminum panels painted rust color to match project, routed out and backed -up white acrylic copy (internally illuminated) Copy Font - Futura Bold Condensed NOTE: Only font "Futura bold condensed" is to be used on each individual tenant panel. No other font is permitted. Logo symbols are not permitted. GATEWAY: 10" x 75" = 5.21 s/f Temecula: 31" x 7" = 1.51 s/f Tenant Names: 48" x 4" (8x) = 10.67 s/f TOTAL = 17.39 s/f Stained Concrete Pad, painted rust color to match project SCALE: 1/2" = 1'-0" 2'-6" GATEWAY TEMECULA 4'- 0" COMPANIES ■ ■ ■ 10 GAS STATION MONUMENT (C) 11'-6" 10'-11" TOTAL = 56.40 s/f c Stained Concrete Pad, painted rust color to match project GATEWAY TEMECULA SCALE: 3/8" = 1'-0" Gas Price Monument (1) double faced illuminated monument sign with an LED digital display option. COMPANIES ■ ■ k 11 LA FITNESS (D) Note: Sign Locations are examples only, not exact and may vary slightly as shown. GATEWAY TEMECULA Cril COMPANIES ■ ■ ■ 12a SCALE: P = 1'-0" GATEWAY TEMECULA 3'-0" LAIFITNESS TENANT NAME 1 TENANT NAME TENANT NAME 3 TENANT NAME 4 Aluminum panel with faux corten finish perimeter and painted background. Copy / arrows - 1st surface opaque white vinyl "LA FITNESS" font/logo is approved as is. ALL other tenant copy to use font "Futura Bold Condensed" for their copy. No other font is permitted. No logo symbols permitted. S/F DIRECTIONAL SIGN (F) COMPANIES ■ ■ ■ 13 SPECIFICATIONS: - 4" SQ. POST PAINTED FAUX CORTEN. - FACE TO BE 3/4" ALUMINUM PAINTED FAUX CORTEN. - COPY TO BE WHITE (220-12) VINYL. - "HANDICAP" LOGO TO BE REFLECTIVE LIGHT BLUE (280-76) WITH WHITE GRAPHIC. - "FIRE LANE" TO BE REFLECTIVE RED (280-72) VINYL WITH WHITE COPY. ONE at each entry 24" ji, SCALE: 1/2"=1'-0" GATEWAY TEMECULA L, M 0 CV ACCEVASSIBLE PARKING CODE ENTRY SIGN Cril COMPANIES ■ ■ ■ 14 SPECIFICATIONS: - 6" HIGH OPAQUE WHITE VINYL NUMBERS/LETTERS ON ENTRY GLASS ABOVE DOOR. - "STORE HOURS" TO BE WHITE VINYL ON WINDOW NEXT TO DOOR. - ALL VINYL TO BE APPLIED SECOND SURFACE. - 2 SQ. FT. MAXIMUM SIGN AREA. 1234 TYPICAL FRONT ENTRY ELEVATION SCALE: 3/8"=11-0" QTY: TO BE DETERMINED GATEWAY TEMECULA 6 HOURS SUN-THURS = 9:0DAM-7:OOPM c FRI &SAT 9:ODAM-9:OOPM SPECIFICATIONS: - 4" AND 2" HIGH VINYL NUMBERS/LETTERS ON REAR ENTRY DOOR. - COLOR TO BE IN CONTRASTING COLOR TO DOOR. -2 SQ. FT. MAXIMUM SIGN AREA. 1234 TENANT NAME 1234 TENANT NAME TYPICAL REAR ENTRY ELEVATION SCALE: 3/8"= l'-0" QTY: TO BE DETERMINED WINDOW HOURS AND REAR ENTRY SIGNS BUILDING ADDRESS NUMBERS SPECIFICATIONS: -10" high x''/2" THICK SINTRA NUMBERS. (Note; stroke of letter to be no less than'' /2" - CBC section 501.2) - PAINT COLOR TO MATCH PROJECT (CONTRASTING TO BUILDING FASCIA COLOR). - NUMBERS TO BE STUD MOUNTED TO BUILDING FASCIA. Height to match minimum 1234 COMPANIES ■ ■ ■ 15 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GATEWAY PROJECT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TEMECULA GATEWAY PROJECT (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Procedural Findings. The City Council of the City of Temecula ("Temecula" or "City") does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi (collectively, the "Applicant") filed Planning Application No. PA14-0167 for a Zone Change/Planned Development Overlay. On November 3, 2014 Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708 for a Tentative Parcel Map, PA14-2707 for a Development Plan, and PA14-2709 for a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710 for a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-2858 for a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985 for a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090 for a Development Plan. These applications were filed in a manner in accordance with the Temecula General Plan and Development Code. B. Collectively, the proposed "Project" consists of a Tentative Parcel Map to subdivide four lots into six parcels, a change in the General Plan designation for the six parcels from Professional Office (PO) to Gateway to Temecula Planned Development Overlay District (PDO -14), a series of standards and regulations governing all development in PDO -14, and permit approvals for commercial/retail uses. The "Project Site" is in the west -central portion of Temecula near the northwest corner of Temecula Parkway and La Paz Road. The Project Site is approximately 8.79 acres in size and currently includes four parcels (APNs 922-170-012 to -015). C. The Project was processed and public notices were provided in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On June 26, 2015, in accordance with CEQA Guidelines Section 15082, the City published and distributed a Notice of Preparation (NOP) through the State Office of Planning and Research, State Clearinghouse (SCH # 2015061086). The NOP was circulated from June 26, 2015, through July 27, 2015, to receive comments and input from interested public agencies and private parties on issues to be addressed in the Environmental Impact Report ("EIR"). In addition, the City held a public scoping meeting on July 22, 2015, to obtain comments from interested parties on the scope of the Draft EIR in accordance with CEQA Guidelines Section 15082(c)(1). Written comments were received from various individuals and organizations and they assisted the City in formulating the analysis in the EIR. F. The City subsequently contracted for the independent preparation of a Draft Environmental Impact Report (the "Draft EIR") for the Project, including all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. G. On May 31, 2016, the City filed a Notice of Availability ("NOA") with the State Clearinghouse and circulated the Draft EIR and Appendices to the public and other interested parties for a 45 -day comment period from May 31, 2016 through July 14, 2016. The City also published the NOA in the San Diego Union Tribune, a newspaper of general circulation within the City. Copies of the Draft EIR were sent to various public agencies, as well as to organizations and individuals requesting copies. In addition, the City placed copies of the Draft EIR at the City's library and made copies available for review at the City offices and on the City's website. H. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report (the "Final EIR"). The Responses to Comments were distributed to all public agencies that submitted comments on the Draft EIR at least 10 days prior to certification of the Final EIR. The Final EIR consists of the Draft EIR and all of its appendices, the Comments and Responses to Comments on the Draft EIR, and the Mitigation Monitoring and Reporting Program. I. On October 5, 2016, the Planning Commission held a duly noticed public hearing to consider the Final EIR and the proposed Project, at which time City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the Project and the Final EIR. J. Following consideration of the entire record, including evidence presented at the hearing, staff reports, technical studies, appendices, plans, and other materials, and after due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-27 which recommended that the City Council adopt findings pursuant to CEQA, certify the Final EIR, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission also adopted Resolution Nos. 16-28, 16-29, 16-30, 16-33, 16-34, 16-31, 16-32, and 16-35 recommending that the City Council take various actions to approve the Project, including adoption of a General Plan Amendment, Zone Change/Planned Development Overlay, Tentative Parcel Map, and two Development Plans, two Conditonal Use Permits, and a Sign Program. K. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project. L. CEQA Guidelines Section 15091 requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. M. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference. 1. Environmental impacts identified in the Initial Study and Final EIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Exhibit A, Section VIII, attached hereto and incorporated herein by reference. N. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B, and is incorporated herein by reference. O. CEQA Guidelines Section 15093 requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference. P. Prior to taking action the City Council has heard, been presented with, reviewed, and considered the information and data in the administrative record, as well as oral and written testimony presented to it during meetings and hearings. Q. No comments or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or re -circulation of the EIR under CEQA because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously disclosed environmental impacts identified. R. At the public hearing before the Planning Commission, Joe Bourgeois of the SoCal Environmental Justice Alliance presented oral comments on the City's environmental review of the Project. The City previously received, considered, and responded to each of these comments when SoCal Environmental Justice Alliance submitted them as written comments on the Draft EIR (see Final EIR, Section 2.0, Comment Letter 4). Each oral comment is summarized below with a reference to the applicable response in the Final EIR: 1. Comment: The Draft EIR states that Project's uses would not require stationary or mobile sources of pollutants that idle or queue for long periods of time. But during the operational phase it can be anticipated that the retail, eating and drinking establishments, and offices will have deliveries or shipments on a regular basis and these can involve stationary or mobile sources of pollutants. Response: Response 4.2 in the Final EIR fully addresses this comment, which the commenter previously submitted as a written comment on the Draft EIR. 2. Comment: The Draft EIR analyzed waste generation based on employees only, but it can be assumed that patrons and deliveries would also generate waste. Response: Response 4.12 in the Final EIR fully addresses this comment, which the commenter previously submitted as a written comment on the Draft EIR. 3. Comment: The Draft EIR provides no evidence that the Rancho California Water District determined there would be adequate water to serve the Project and no water supply assessment was prepared for the Project. Response: Response 4.13 in the Final EIR fully addresses this comment, which the commenter previously submitted as a written comment on the Draft EIR. S. Custodian of Records. The findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City Clerk Department, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based. Substantive Findings. The City Council of the City of Temecula, California does hereby: T. Declare that the above Procedural Findings are true and correct, and hereby incorporates them into this Resolution by this reference. U. Find that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project. V. Find and declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR and Final EIR, responses to comments incorporated into the Final EIR, staff reports and presentations, and all testimony on environmental issues related to the Project. W. Find and determine that the Final EIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached herein as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. X. Find and declare that the Final EIR reflects the independent judgment of the City. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure or alternative that the City has declined to implement. Y. Certify the Final EIR as being in compliance with CEQA. The City Council further adopts the Findings pursuant to the California Environmental Quality Act as set forth in Exhibit A; adopts the Mitigation Monitoring and Reporting Program attached as Exhibit B; and adopts the Statement of Overriding Considerations as set forth in Exhibit C. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit C, by itself, would individually justify proceeding with the Project despite any significant unavoidable impacts identified in the Final EIR or alleged in the record of proceedings. Z. The City Council hereby imposes as a condition on the Temecula Gateway Project each mitigation measure specified in Exhibit B, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit B. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A FINDINGS AND FACTS IN SUPPORT OF FINDINGS I. Introduction. The California Environmental Quality Act, Public Resources Code § 21000, et seq. ("CEQA") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq. ("Guidelines") provide that no public agency shall approve or carry out a project for which an Environmental Impact Report ("EIR") has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. 2. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Pursuant to the requirements of CEQA, the City Council of the City of Temecula ("Temecula" or "City") hereby makes the following environmental findings in connection with the proposed Temecula Gateway Project (the "Project"). These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft EIR and the written responses thereto, the Final EIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. 11. Project Objectives. As set forth in the EIR, objectives that the City seeks to achieve with this Project (the "Project Objectives") are as follows: A. Provide a planning mechanism to allow flexibility in development regulations and design standards to allow a mix of commercial uses that are cohesive in design and aesthetic appearance, and compatible with the surrounding community. B. Create an aesthetic entry statement to the City and project on Temecula Parkway and minimize impacts to neighboring properties by designing with high quality architecture, landscaping, signage, adequate buffers, screening, drainage, and traffic controls. C. Develop retail and community commercial services that can be adequately served by existing public services and utilities. A-1 11086-0006\2005593v3. d oc D. Create a commercial development that can capture "pass -by" trips on 1-15 and Temecula Parkway, as well as current and future demand for goods and services from Temecula residents. III. Background. The proposed Project involves the planning and development of six parcels of approximately 8.79 total acres located in the west -central portion of Temecula ("Project Site"). The Project Site is currently designated and zoned as Professional Office in the General Plan and zoning code. The Site is relatively flat and is disturbed with rough grading. It is covered with ruderal vegetation; there are no trees, except six ornamental pine trees along the northwestern boundary. The Site is not developed with any structures. The proposed Project consists of a General Plan Amendment, adoption of a Planned Development District, and a zoning code amendment to regulate all development on the Project Site. The proposed Project would change the Project Site's General Plan designation to Community Commercial and its zoning to PDO -14 Gateway to Temecula Planned Development Overlay District ("PDO -14"). PDO -14 sets standards and regulations related to architecture, setbacks, parking, landscaping, lighting screening, noise, water quality, and other design aspects. The regulations seek to enable use flexibility while ensuring a cohesive design and compatibility with the surrounding community. PDO -14 also proposes certain uses for the six parcels, including a health and exercise club (Parcel 1), a restaurant (Parcel 2), a gas station with a convenience store and second -story office (Parcel 3), retail and a fast-food restaurant (Parcel 4), a coffee shop (Parcel 5), and retail, offices and a fast food restaurant (Parcel 6). IV. Effects Determined to Be Less than Significant/No Impact in the Initial Study/Notice of Preparation and EIR. The City of Temecula issued a Notice of Preparation ("NOP") and conducted an Initial Study to determine the potential environmental effects of the Project. In the course of this evaluation, the Project was found to have no impact in certain impact categories because a project of this type and scope or in this location would not create such impacts or because of the absence of project characteristics producing effects of this type. In the following categories of environmental impacts, the proposed Project was found to have No Impact for the reasons set forth in the Initial Study and EIR. The impacts were not analyzed in the EIR because they required no additional analysis to determine whether the effects could be significant. A. AGRICULTURAL AND FORESTRY RESOURCES The proposed Project would have a less than significant or no impact on agricultural or forestry resources. The Project Site is located in an area of substantial urban growth with little agricultural or forest lands. According to the California Department of Conservation, the Project Site is listed as "Other Land" on the Important Farmland Finder interactive website. There is no agricultural land in the vicinity of the proposed A-2 11086-0006\2005593v3. d oc Project. The site is not under a Williamson Act contract or other land conservation contract, nor do any Williamson Act contract lands or other land conservation contract lands exist in the area. The Project Site does not contain any active forestland or support trees that could be commercially harvested. These conditions preclude the possibility of the proposed Project converting agricultural land or forestland to non -forest use. B. MINERAL RESOURCES 1. The proposed Project would have a less than significant or no impact on mineral resources. The State Geologist has classified areas into Mineral Resource Zones (MRZ) and Scientific Resource Zones. The zones identify the statewide or regional significance of mineral deposits based on the economic value of the deposits and their accessibility. According to the Temecula General Plan, the classification of MRZ-3a has been applied by the State to the City's Planning Area. MRZ-3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain deposits of significant economic value, based on available data. The Project Site is not located in a mineral resource area. Based on these factors, development of the proposed Project would have no impact on mineral resources. C. GEOLOGY AND SOILS 1. The proposed Project would not have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. The use of septic systems or alternative waste water disposal systems is not part of the Project. D. HYDROLOGY AND WATER QUALITY 1. The proposed Project would not place housing within a 100 -year flood hazard area. 2. The proposed Project would not place within a 100 -year flood hazard area structures which would impede or redirect flood flows. E. NOISE 1. The proposed Project is not located within an airport land use plan or within two miles of a public airport or public use airport. The closest public use airport to the Project Site is French Valley Airport, located approximately 6.5 miles from the Project Site. 2. The proposed Project is not located within the vicinity of a private airstrip. A-3 11086-0006\2005593v3. d oc V. Effects Determined to be Less Than Significant Without Mitigation in the EIR. The EIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on a number of environmental topic areas listed below. A less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Final EIR. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista or substantially degrade the exiting visual character or quality of the site and its surroundings. The Project Site is not considered to be in an area of significant visual qualities as designated in any local or regional planning documents, nor does it have any significant visual features. In addition, future development would not be expected to block expansive views. If approved, development under the proposed Project would use high quality architectural and landscaping design concepts in compliance with the proposed PDO -14. 2. The Project would not substantially damage scenic resources within a state scenic highway because there are no officially designated state scenic highways in the Project area. 3. The Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Current daytime glare and nighttime light sources in the vicinity of the Project Site include 1-15, Temecula Parkway, the commercial center, and to a lesser extent, the rural residential land uses to the east of the Project Site. The proposed Project would increase the intensity and density of development throughout the site, which could result in increased light and glare sources. Adherence to existing lighting ordinances in combination with the proposed lighting design would result in a less than significant impact. 4. The Project would have a less than cumulatively considerable impact on aesthetics. B. AIR QUALITY 1. The proposed Project would not conflict with or obstruct implementation of an applicable air quality plan. The proposed Project would not conflict with or obstruct implementation of regional air quality management planning. 2. The Project would not violate any air quality standard or contribute substantially to an existing air quality violation. Construction -generated emissions would not contribute substantially to an existing or projected air quality violation. The proposed Project will not result in long-term operational emissions that could violate or substantially contribute to a violation of federal and state standards for ozone and coarse and fine particulate matter. A-4 11086-0006\2005593v3. d oc 3. The Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in nonattainment. Construction of the proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in the South Coast Air Basin, would not significantly contribute to cumulative increases in emissions of criteria air pollutants that could contribute to future concentrations of pollutants for which the region is currently designated nonattainment. 4. The proposed Project would not expose sensitive receptors to substantial concentrations of carbon monoxide or construction -source toxic air contaminant emissions. The proposed Project would not produce the volume of peak hour traffic required to generate a CO hot spot and would not contribute to localized concentrations of carbon monoxide that would exceed applicable ambient air quality standards. Localized air quality impacts related to mobile -source emissions would therefore be less than significant. Construction of the Project would not result in toxic air contaminant emissions in excess of the South Coast Air Quality Management District's localized significance thresholds. 5. The Project would not create objectionable odors affecting a substantial number of people. Development of the proposed Project would not result in exposure of sensitive receptors to substantial odorous emissions. C. BIOLOGICAL RESOURCES 1. The Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. Implementation of the proposed Project could result in impacts to sensitive biological communities, including jurisdictional waters. 2. The Project would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. 3. The Project would not 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. Implementation of the proposed Project would not interfere with the movement of native resident or migratory fish or wildlife species. 4. The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. D. CULTURAL RESOURCES 1. The proposed Project would not cause a substantial change in the significance of a historical resource defined in Public Resources Section 15064.5. A-5 11086-0006\2005593v3. d oc Implementation of the proposed Project would not cause a substantial adverse change in the significance of a known historical resource. E. GEOLOGY AND SOILS 1. The proposed Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, strong seismic ground shaking, or seismic -related ground failure, including liquefaction, or landslides. The Project Site is located in an area with the potential for fault rupture, but adherence to the requirements of the California Building Code would ensure that people, structures, and infrastructure are not adversely impacted by seismic hazards. The site is not susceptible to liquefaction. 2. The proposed Project would not result in substantial soil erosion or the loss of topsoil. Construction of the proposed Project would require grading, excavating, and other ground -disturbing activities that would expose topsoil, resulting in soil erosion, but implementation of standard erosion control measures would ensure this impact is less than significant. 3. The proposed Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, or potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. 4. The proposed Project would not be located on expansive soil creating substantial risks to life or property. Soil testing indicates that the soils on the Project Site are non -expansive. 5. The proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Temecula and nearby areas of Riverside County, would not contribute to cumulative geologic and soils impacts. F. GREENHOUSE GAS EMISSIONS 1. The proposed Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Implementation of the proposed Project would be consistent with the goals of applicable greenhouse gas reduction plans. G. HAZARDS AND HAZARDOUS MATERIALS 1. The proposed Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Implementation of the proposed Project would involve limited transport, use, storage, and disposal of hazardous materials during construction and operation, but compliance with existing regulations reduces impacts to less than significant. A-6 11086-0006\2005593v3. d oc 2. The proposed Project would not 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. The Project Site is located more than 25 miles, but less than 50 miles, from the San Onofre Nuclear Generating Station. The facility is in decommission status and existing emergency procedures are in place. 3. The proposed Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school. The Project Site is not located within one-quarter mile of an existing or proposed school site. 4. The proposed Project would not be located on a site which is included on a list of hazardous materials sites and, as a result, would not create a significant hazard to the public or the environment. The Project Site has not been listed as a hazardous material release site. 5. The proposed Project is not located within an airport land use plan or within two miles of a public airport or public use airport. The Project Site is located approximately 6.5 miles southwest of the French Valley Airport, which is the only public airport in the vicinity of the Project. 6. The proposed Project is not within the vicinity of a private airstrip. 7. The proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The proposed Project would not alter the City's overall land use patterns or land use designations to such an extent that they would conflict with the operations or effectiveness of emergency response or evacuation. 8. The proposed Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. The Project Site is within an area designated by Cal Fire as a High Fire Hazard Severity Zone. Wildland fires would most likely come to the hills west of the Project Site because all of the high fire severity zones are in that direction. Between the Project Site and the potential wildland fire areas are Temecula Parkway, existing commercial and residential development, and Interstate 15. Given this and the fact that the location of the Project Site makes it readily accessible by emergency personnel and vehicles, the potential for wildland fires is remote. 9. Implementation of the proposed Project, in combination with other existing, proposed, and reasonably foreseeable future development in the city, could cumulatively increase exposure of people, property, and the environment to hazardous materials and interference with emergency response. The Project would not contribute to the potential for hazards and hazardous materials impacts under cumulative conditions. Therefore, the proposed Project's contribution to significant cumulative A-7 11086-0006\2005593v3. d oc impacts to human health associated with hazards and hazardous materials or conditions is less than cumulatively considerable. H. HYDROLOGY AND WATER QUALITY 1. The proposed Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The 8.79 - acre Project Site is not large enough to substantially interfere with groundwater recharge. The Rancho California Water District concluded that there would be sufficient water supplies to accommodate the Project's water needs and the Project would have a less than significant impact on water supplies. 2. The proposed Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site. The proposed storm drain system would provide sufficient volume to treat storm water for water quality purposes and is designed to properly convey the increased runoff attributable to site development. 3. The proposed Project would not 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. The proposed storm drain system would provide sufficient volume to treat storm water for water quality purposes and is designed to properly convey the increased runoff attributable to site development. 4. The proposed Project would not 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. The City's General Plan identifies the Project Site as within the dam inundation area of Vail Lake. Vail Lake is located in the Black Hills, approximately 15 miles east of Temecula. The dam is regulated by the California Division of Safety of Dams, which performs annual maintenance inspections of this and other dams under state jurisdiction, including monitoring for compliance with seismic stability standards. As such, failure of this dam has an extremely low probability of occurring and is not considered to be a reasonably foreseeable event. 5. The proposed Project would not expose people to a significant risk of loss, injury, or death involving inundation by a seiche, tsunami, or mudflow because the Project Site is not located immediately near a coast or large body of water, nor does it have steep slopes. 6. The proposed Project would not substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. The Project Site lies outside of a designated floodplain. 7. The proposed Project's contribution to cumulative water quality, runoff, and flooding impacts is less than cumulatively considerable. A-8 11086-0006\2005593v3. d oc I. LAND USE AND PLANNING 1. The proposed Project would not physically divide an established community. 2. The proposed Project would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. 3. The proposed Project, when considered together with other development in the City and region, would not result in a significant conflict with an applicable land use plan adopted for the purpose of avoiding or mitigating an environmental effect. J. NOISE 1. Operation of the proposed Project would not expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. 2. The proposed Project would not expose persons to or generate excessive groundborne vibration or groundborne noise levels. Impacts related to groundborne vibration and groundborne noise would be less than significant during construction and when the Project is operational. 3. The proposed Project would not result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. Operations would generate increased local traffic with a less than significant increase in ambient noise levels. 4. Operation of the proposed Project would not result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. 5. The proposed Project will not result in a substantial contribution to cumulative noise levels. The impact would be considered less than cumulatively considerable. K. POPULATION AND HOUSING 1. The proposed Project would not induce substantial population growth in an area, either directly or indirectly. This Project is not residential in nature, as it involves the development of a neighborhood commercial center. The Project proposes four commercial buildings totaling approximately 66,634 square feet. Any increase in population would be minimal and should not induce substantial population growth. 2. The proposed Project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. The A-9 11086-0006\2005593v3. d oc Project Site is located on vacant property and would not displace any housing units or people. 3. The proposed Project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. The Project Site is currently vacant of any structures. No housing units or people would be affected, and the construction of replacement housing is not required. 4. The proposed Project would have a less than cumulatively considerable effect on population growth. The proposed Project's potential to induce growth is less than significant on its own. The proposed Project includes adoption of a planned development overlay district to ensure compatible uses are developed on the site and to minimize impacts to neighboring sites though design standards. L. PUBLIC SERVICES 1. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, or other public facilities. The fire department already has the necessary equipment to accommodate the Project's proposed uses. The Project does not involve the development of residential units that would result in an increase in the City's population. Nor is the Project expected to result in a large increase in employment in the area. No additional officers are needed based on officer to population ratios. Because the Project would not result in an increase in the City's population, no increase in student population would result from the Project. 2. The proposed Project would not have a cumulatively considerable contribution to impacts related to fire protection, police protection, schools, or other public facilities. M. RECREATION 1. The proposed Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The proposed uses would not result in significant population growth and use of parks. 2. The proposed Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. The types of uses proposed do not include or require construction or expansion of recreational facilities because they do not induce significant population growth. A-10 11086-0006\2005593v3. d oc N. TRANSPORTATION AND CIRCULATION 1. The proposed Project would not 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. The Project Site is located approximately 6.5 miles southwest of French Valley Airport, which is the only public airport in the vicinity. 2. The proposed Project would not result in inadequate emergency access. Access to the Project Site would be provided by Temecula Parkway through the Project's proposed four -lane driveway. The Temecula Fire Department has determined that the proposed emergency access and the main driveway would be adequate to meet the Fire Department's access standards. 3. The proposed Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The Project Site is served by RTA Route 24. No additional bus routes are needed to serve the Project. Currently there are no bicycle facilities along Temecula Parkway in the vicinity of the Project Site and the Project would not impede a planned bike lane. There is an existing sidewalk on Temecula Parkway adjacent to the Project Site. Currently, there are no sidewalks along La Paz Road and Vallejo Avenue adjacent to the Project Site. The Project applicant proposes the construction of a sidewalk to enhance pedestrian circulation in these areas. O. UTITILIES AND SERVICE SYSTEMS 1. The proposed Project would have sufficient water supplies available to serve the Project from existing entitlements and resources and new or expanded entitlements not needed. 2. The proposed Project would not 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 3. The proposed Project would not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board. The proposed Project will result in a wastewater demand of 22,260 gallons per day, and the current treatment capacity of the Temecula Valley Regional Wastewater Reclamation Facility is 14 million gallons per day, so the proposed Project would result in an increase of less than 0.16 percent. 4. The proposed Project would not 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. 5. The proposed Project would not result in a determination by the San Diego Regional Water Quality Control Board that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. A-11 11086-0006\2005593v3. d oc The Eastern Municipal Water District has indicated that there is current capacity in its wastewater facilities and infrastructure to serve the proposed Project. 6. The proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs. The peak allowed daily tonnage for the main disposal site in the vicinity, the Badlands Sanitary Landfill, is 4,500 tons. The proposed Project is estimated to produce 1.83 tons per day. The proposed Project would result in a 0.06 percent increase in the amount of daily solid waste delivered to this landfill, well within the designed peak daily tonnage. 7. The proposed Project would comply with federal, state, and local statutes and regulations related to solid waste. VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The EIR identified the potential for the Project to cause significant environmental impacts in the areas of Air Quality, Biological Resources, Cultural and Paleontological Resources, Hydrology and Water Quality, Noise, and Transportation and Circulation. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final EIR would reduce the Project's impacts to a less than significant level, with the exception of those unmitigable impacts discussed in Section VII. The City Council adopts all of the feasible mitigation measures for the Project described in the Final EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Mitigation Monitoring and Reporting Program. A. AIR QUALITY 1. Exposure of Sensitive Receptors to Substantial Mobile -Source Air Pollutant Concentrations During Operations. Impact 3.2.6: Implementation of the proposed Project would result in increased exposure of sensitive land uses to stationary or mobile -source pollutant concentrations. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to operational mobile -source air pollutants. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. MM 3.2.6: Air quality—sensitive land uses (as defined by the SCAQMD and CARB) proposed within 500 feet of Interstate 15 (not including non- A -12 11086-0006\2005593v3. d oc sensitive components, such as parking lots) shall be required to prepare a health risk assessment (HRA). Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC exposure from Interstate 15 to below 10 in one million for the maximally exposed individual. These measures may include, but are not limited to, implementation of air filtration/purification systems at the sensitive land use. Such air filtration/purification systems can be installed and maintained either on an individual unit -by -unit basis, with individual air intake and exhaust ducts ventilating portions of the new sensitive land use separately, or through a centralized building ventilation system, whichever is more appropriate. The ventilation system must be certified to achieve a performance effectiveness as determined in the HRA; for example, to remove at least 85 percent of ambient PM2.5 concentrations from indoor areas. Air intakes must be oriented away from emission sources areas, such as Interstate 15. Users may factor in the amount of time that receptors spend indoors versus out-of-doors to account for air filtration systems in modeling, provided that all assumptions are justified with scientific documentation. b. Facts in Support of Findings The proposed Project would not result in significant levels of mobile -source emissions, such as gasoline vapors for diesel particulate matter, and would not expose sensitive receptors to Project -source toxic air contaminants. (See EIR, Table 3.2-12.) However, the western corner of the Project Site is located within 500 feet of Interstate 15 and CARB Guidelines indicate that siting new sensitive land uses within 500 feet of a freeway, such as Interstate 15, should be avoided when possible. This 500 -foot buffer was developed to protect sensitive receptors from exposure to diesel PM and was based on traffic -related studies that showed a 70 percent drop in PM concentrations at a distance of 500 feet from the roadway. The western corner of the Project Site is located approximately 415 feet from Interstate 15 and is therefore within the CARB-recommended buffer area. The eastern half of the Project Site is approximately 750 feet from Interstate 15 at its nearest point. Sensitive land uses are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants. For instance, a health club would be considered a sensitive receptor. The proposed land uses for the eastern half of the Project Site are not considered sensitive receptors and are outside the 500 -foot buffer area. However, the Project would allow development of future unknown uses on the western half of the site, which is partially located within the 500 - foot buffer. As such, a future use on the western half of the Project Site could be a sensitive receptor. In the event that a sensitive land use is constructed within the CARB-recommended buffer area on the western half of the Project Site, it would have the potential to expose those sensitive receptors to substantial pollutant concentrations. A-13 11086-0006\2005593v3. d oc Mitigation Measure MM 2.3.6 requires a health risk assessment before any sensitive land uses within 500 feet of Interstate 15 receive a building permit. Based on the results of that study, risks resulting from toxic air contaminant exposure must be reduced to below ten in one million through measures such as air filtration. Although the proposed Project does not include any land uses considered to be sensitive receptors, this mitigation measure ensures that any potential sensitive use in the future will not be exposed to substantial toxic air contaminants because it requires measures to reduce exposure. B. BIOLOGICAL RESOURCES 1. Impacts to Candidate, Sensitive, or Special Status Plant Species. Impact 3.3.1: Implementation of Project -related activities could result in adverse effects, either directly or through habitat modifications, to special - status plant species. The Project has a potential to reduce the number or restrict the range of an endangered, rare, or threatened plant species or biotic community, thereby causing the species or community to drop below self-sustaining levels. The proposed Project has a potential to adversely effect, either directly or through habitat modifications, plant species identified as a candidate, sensitive, or special status species. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to protected species. Specifically, the following measures have been included to ensure that the Project's potential impacts are less than significant. Measure MM 3.3.1 MSHCP Fees: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. b. Facts in Support of Findings Suitable habitat for San Diego ambrosia and smooth tarplant occurs within the Project study area. Both species are covered under the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). The Western Riverside County MSHCP is a comprehensive, multijurisdictional habitat conservation plan focusing on the conservation of species and their associated habitats in western Riverside County. Compliance with the MSHCP will ensure that direct, indirect, and cumulative impacts to these species are less than significant. Payment of the mitigation fee and compliance with all applicable requirements of the MSHCP provide full mitigation under CEQA, the Endangered Species Act, and the A-14 11086-0006\2005593v3. d oc California Endangered Species Act for impacts to MSHCP covered species and habitats. The Environmental Impact Report/Environmental Impact Statement (EIR/EIS) (State Clearinghouse No. 2001101108, CEQA Number 020463, ERP Number SFW -K99032 - CA) prepared for the MSHCP was a project -specific EIR/EIS and found that with a combination of impact reduction features incorporated into the MSHCP, including reserve configuration, adaptive management and monitoring, and species survey and avoidance/minimization policies, development consistent with the MSHCP would have less than significant impacts to covered species. Mitigation Measure 3.3.1 requires the applicant to pay MSHCP fees before commencement of construction activities. Because compliance with and payment to the MSHCP constitutes full mitigation under CEQA, impacts would be less than significant with this mitigation measure incorporated. 2. Impacts to Migratory Birds and Raptors Impact 3.3.2: Implementation of Project -related activities could result in substantial adverse effects, either directly or through habitat modifications, to migratory birds and raptors. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to migratory birds and raptors. Specifically, the following measures have been included to ensure that the Project's potential impacts are reduced to less than significant. Measure MM 3.3.2a Migratory Bird Surveys: If clearing and/or construction activities occur during the nesting season (January 15— August 31), preconstruction surveys for nesting raptors, special -status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250 -foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusion zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged. A-15 11086-0006\2005593v3. d oc Measure MM 3.3.2b: Per MSHCP Species -Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the Project Site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. b. Facts in Support of Findings A habitat assessment and focused burrow survey found no suitable habitat or burrows in the Project study area, and it was determined that further focused surveys are not required. (See EIR, Appendix 3.3.) Nonetheless, it is possible that the Project study area may still provide suitable nesting and/or foraging habitat for migratory birds even though none are known to occur in the area. All native breeding birds (except game birds during the hunting season) are protected under the MBTA. If nesting birds are present, vegetation clearing in undisturbed portions of the PSA during the nesting season could result in direct impacts. Furthermore, noise and other human activity may result in nest abandonment if nesting birds are present within 100 feet of a work site. Because of the presence of suitable habitat for migratory birds, Project -related activities may result in adverse impacts should the species be present in areas proposed for disturbance. Mitigation Measure 3.3.2a requires pre -construction surveys before any clearing or construction activities can commence during the nesting season (January 15—August 31). If an active nest is located in the near vicinity, the Project applicant must establish an exclusion zone of 100 feet or 250 feet. This mitigation measure ensures that clearing and construction will not significantly impact resident or migratory birds nesting near the Project site. Mitigation Measure 3.3.2b further requires surveys for burrowing owls within 30 days before any construction or disturbance for all areas 500 feet around the Project work areas. This mitigation measure ensures that activities will not significantly impact burrowing owls, if any exist in the vicinity of the Project site. 3. Conflicts with Provisions of an HCP or NCCP A-16 11086-0006\2005593v3. d oc Impact 3.3.6 Implementation of the proposed Project could conflict with the provisions of the Western Riverside County MSHCP. a. Findings The Project has a potential to conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to conflicts with a habitat conservation plan. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Measure MM 3.3.1 MSHCP Fees: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. Measure MM 3.3.2b: Per MSHCP Species -Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the Project Site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. b. Facts in Support of Findings The MSHCP protects and preserves certain habitats and species in the region. The MSHCP delineates particular areas of concern through the identification of specific areas known as Criteria Cells. Areas identified as Criteria Cells typically have certain restrictions on development and land alterations. The Project study area is not within a Criteria Cell or any other special conservation area. However, the proposed Project is located within the Burrowing Owl Survey Area. Although no suitable habitat was identified in the initial habitat assessment, burrowing owls have the potential to become established in the future. Therefore, to comply with A-17 11086-0006\2005593v3. d oc the MSHCP, preconstruction surveys must be conducted within 30 days of any ground - disturbing activities. In addition, the MSHCP requires a fee for development in Mitigation Fee Areas, which are land areas that occur within the MSHCP. These fees are used to minimize effects to and protect certain native species. The Project Site is located in the MSHCP Mitigation Fee Area (Riverside County Ordinance 810.2). It is also located in the Stephens' Kangaroo Rat Mitigation Fee Area (Riverside County Ordinance 663). Therefore, to comply with the MSHCP, fees must be paid before development of the Project. Mitigation Measures 3.3.1 and 3.3.2b specifically impose these MSHCP-related requirements. As such, impacts would be less than significant with adherence to the standard conditions, existing requirements, and mitigation measure MM 3.3.1 and MM 3.3.2b. 4. Cumulative Biological Impacts a. Findings The proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in the immediate area of the proposed Project, will result in the conversion of habitat and impact biological resources. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to conflicts with a habitat conservation plan. Specifically, the Mitigation Measures 3.3.1, 3.3.2a, and 3.3.3b above reduce impacts to less than significant. b. Facts in Support of Findings Development of the proposed Project will continue and contribute to urbanization of the area. The City, along with other jurisdictions in western Riverside County, participates in the MSHCP. The MSHCP is designed to protect over 150 species and conserve over 500,000 acres in western Riverside County. Project compliance with the MSHCP and the Stephens' Kangaroo Rat Habitat Conservation Plan fully mitigates for impacts on covered species and ensures large segments of natural communities in western Riverside County will be preserved. As such, participation in and compliance with the MSHCP will reduce the Project's contribution to cumulative impacts to a less than cumulatively considerable level. C. CULTURAL RESOURCES 1. Archaeological Resources Impact 3.5.2: Implementation of the proposed Project is unlikely to result in a substantial adverse change in the significance of an archaeological resource or the potential disturbance of currently undiscovered cultural resources (i.e., prehistoric archaeological sites, historical archaeological sites, and isolated artifacts and features). However, because of the A-18 11086-0006\2005593v3. d oc potential for unanticipated discoveries, this impact is considered potentially significant. a. Findings The proposed Project has a potential to cause a substantial adverse change in the significance of an archaeological resource. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to archaeological resources. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Measure MM 3.5.2: During any ground -disturbing activities, a member of the Pechanga Tribe and a certified archaeologist will be required to monitor. If during grading or construction activities cultural resources are discovered on the Project Site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by a qualified archaeologist and the Pechanga Tribe (Tribe). The developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Any unanticipated cultural resources that are discovered shall be evaluated and a final report prepared by the qualified archaeologist. The report shall include a list of the resources discovered, documentation of each site/locality, and interpretation of the resources identified, and the method of preservation and/or recovery for identified resources. In the event the significant resources are recovered and if the qualified archaeologist and the Tribe determine the resources to be historic or unique, avoidance and/or mitigation would be required pursuant to and consistent with CEQA Guidelines Sections 15064.5 and 15126.4 and Public Resources Code Section 21083.2. b. Facts in Support of Findings The Project Site was investigated by a professional archaeologist, who concluded that there were no identifiable cultural resources within the Project area. However, ground - disturbing activities during construction and development of the Project have a potential to uncover previously unidentified archaeological resources within the Project Site. Mitigation Measure 3.5.2 requires a Tribe member and certified archaeologist to monitor grading and construction. If cultural resources are discovered, work must halt immediately within 50 feet of the discovery and avoidance or mitigation is required as appropriate based on a determination of the Tribe member and archaeologist. As such, this mitigation measure would ensure that any potential unanticipated impacts to archaeological resources are reduced to less than significant. A-19 11086-0006\2005593v3. d oc 2. Impacts to Paleontological Resources Impact 3.5.3: Implementation of the proposed Project could inadvertently result in the potential disturbance of paleontological resources (i.e., fossils and fossil formations) on the Project Site. a. Findings The proposed Project has a potential to result in impacts to a unique paleontological resource or site or unique geologic feature. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to paleontological resources. Specifically, the following measures have been included to ensure that the Project's potential cultural and paleontological resource impacts remain less than significant. Measure MM 3.5.3: If subsurface deposits believed to be of paleontological significance are discovered during construction, all work must halt within a 50 -foot radius of the discovery. An on-site paleontological monitor meeting the Secretary of the Interior's Professional Qualification Standards for paleontology shall be retained by the project applicant and shall be afforded a reasonable amount of time to evaluate the significance of the find. Work cannot continue at the discovery site until the paleontologist conducts sufficient research and data collection to make a determination that the resource is either not a paleontological resource or not potentially significant. If a potentially eligible resource is encountered, the paleontologist, the City of Temecula, and project proponent shall arrange for either (1) total avoidance of the resource, if possible, or (2) test excavations to evaluate eligibility and, if eligible, total data recovery as mitigation. The determination shall be formally documented in writing and submitted to the City as verification that the provisions in CEQA for managing unanticipated discoveries have been met. b. Facts in Support of Findings Based on searches of paleontological records by the San Bernardino County Museum, from the University of California Museum of Paleontology database, and the Paleobiology Database, there are no records of fossils within the proposed boundaries or within a one -mile radius of the Project Site. On April 27, 2015, a paleontologically cross -trained archaeologist surveyed the Project area by walking in parallel transects spaced at approximately 15 -meter intervals over the Project Site while closely inspecting the ground surface. Existing disturbances (e.g., rodent burrows, ditches) were examined for artifacts or buried cultural and fossil deposits. The percentage of ground visibility ranged from 0 to 60 percent throughout the Project area due to dense grasses and invasive weeds. A drainage running north to south with an exposed six-foot sidewall is located in the central southern portion of the A-20 11086-0006\2005593v3. d oc survey area. No paleontological resources were observed within or immediately adjacent to the Project area. Although the records search and the survey did not identify any paleontological resources on the Project Site, deeper excavations extending to older sedimentary deposits may uncover significant vertebrate fossils. Fossils have been recovered from the Quaternary alluvial sediments and from the sandstone facies of the Pauba Formation in the vicinity. Mitigation Measure 3.5.3 requires the applicant to retain an on-site paleontological monitor and halt work within a 50 -foot radius if subsurface deposits believed to be of paleontological significance are discovered during construction. Avoidance or mitigation is required to prevent any significant impacts. As such, if Project construction uncovers any unanticipated paleontological resources, this mitigation measure would ensure that impacts are reduced to less than significant. 3. Impacts to Human Remains (Standard of Significance 4) Impact 3.5.4: No human remains have been identified on the Project Site; however, implementation of the proposed Project could result in the inadvertent disturbance of currently undiscovered human remains. Any discovery of human remains would trigger state law governing the treatment of human remains. This impact is considered to be potentially significant. a. Findings Construction of the proposed Project has a potential to disturb human remains. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to human remains. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Measure MM 3.5.4: If human remains are encountered, California Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 24 hours of receiving notification from the coroner. The most likely descendant shall then have 48 hours to make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. A-21 11086-0006\2005593v3. d oc b. Facts in Support of Findings Although no human remains have been identified on the Project Site, implementation of the proposed Project would include ground -disturbing construction activities that could result in the inadvertent disturbance of currently undiscovered human remains. Procedures of conduct following the discovery of human remains on non-federal lands are mandated by Health and Safety Code Section 7050.5, by Public Resources Code Section 5097.98, and by CEQA in California Code of Regulations Section 15064.5(e). According to these provisions, should human remains be encountered, all work in the immediate vicinity of the burial must cease, and any necessary steps to ensure the integrity of the immediate area must be taken. The remains are required to be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made. The Riverside County Coroner would be immediately notified, and the coroner would then determine whether the remains are Native American. Any discovery of human remains within the Project Site would be subject to these procedural requirements. Compliance with these requirements would reduce impacts associated with the unanticipated discovery or disturbance of human remains to a less than significant level and, further, Mitigation Measure 3.5.3 expressly requires that construction work halt if subsurface deposits are discovered that are believed to be of paleontological significance. D. HYDROLOGY AND WATER QUALITY 1. Construction Impacts to Water Quality and Water Quality Standards Impact 3.8.1: Construction and operation of the proposed Project could result in erosion or a degradation of downstream surface water and groundwater resources. a. Findings Construction of the proposed Project has a potential to violate water quality standards or otherwise substantially degrade water quality. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to water quality and water quality impacts to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Measure MM 3.8.1a: The project developer shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in sto rmwate r runoff. A-22 11086-0006\2005593v3. d oc Measure MM 3.8.1 b: As a condition of approval, the project will be required to generate a project -specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance, sandbags, vehicle fueling and maintenance in designated areas, and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b. Facts in Support of Findings Urban runoff (both dry and wet weather) discharges into storm drains and, in most cases, flows directly to creeks, rivers, lakes, and the ocean. Polluted runoff can have harmful effects on drinking water, recreational water, and wildlife. Urban runoff pollution includes a wide array of environmental, chemical, and biological compounds from both point and nonpoint sources. In the urban environment, stormwater characteristics depend on site conditions, rain events, soil type and particle sizes, multiple chemical conditions, the amount of vehicular traffic, and atmospheric deposition. Major pollutants typically found in runoff from urban areas that could contribute to impaired water bodies include bacterial indicators, metals, nutrients, pesticides, sediments, oil and grease, and toxicity. (See EIR, Table 3.8-1.) Urban runoff can be divided into two categories. Dry weather urban runoff occurs when there is no precipitation -generated runoff, which generally results from point on-site water usage. Wet weather urban runoff refers collectively to nonpoint source discharges that result from precipitation events, which includes stormwater runoff. Construction of the proposed Project could expose soils to potential mobilization by rainfall/runoff and wind. Such construction activities include removal of vegetation, grading of the site, and construction of new buildings, associated infrastructure including internal roads, and landscaped areas. Water quality could be impacted by sediments, turbidity, and sediment releases. Mitigation Measure 3.8.1a, as described above, requires the Project applicant to adhere to the Construction General Permit and utilize typical erosion and sediment control best management practices (identified in the stormwater pollution prevention plan ("SWPPP") to prevent construction pollutants from contacting stormwater and to keep all products of erosion from moving off-site into receiving waters. The Construction General Permit requires the SWPPP to include a menu of best management practices ("BMP") to be selected and implemented to address erosion and sediment control as well as control of other potential construction site materials. The BMPs are based on the phase of construction and the weather conditions. The Project -specific SWPPP will address site-specific conditions related to Project construction. A-23 11086-0006\2005593v3. d oc In addition, Mitigation Measure 3.8.1b, as described above, requires compliance with the City's Stormwater and Urban Runoff Management and Discharge Controls, which establishes requirements to reduce pollutant discharges from construction sites. The applicant must generate and comply with a Water Quality Management Plan ("WQMP"), as required by the City of Temecula Stormwater Ordinance (City Municipal Code Chapter 8.28) and specified in the City's Jurisdictional Runoff Management Plan. The City's Jurisdictional Runoff Management Plan provides a list of minimum BMPs specific to all construction activities in Temecula. Further, new development is required to be designed to control pollutants in stormwater and urban runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters. The City Engineer approves the BMPs that would be implemented to prevent deterioration and approves the manner of implementation. Implementation of Mitigation Measures 3.8.1a and 3.8.1b would ensure that construction of the proposed Project has a less than significant impact on water quality and ensure that construction would not violate applicable water quality standards. 2. Operational Impacts to Water Quality and Water Quality Standards Impact 3.8.1: Construction and operation of the proposed Project could result in erosion or a degradation of downstream surface water and groundwater resources. a. Findings Operation of the proposed Project has a potential to violate water quality standards or otherwise substantially degrade water quality. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to water quality and water quality impacts to less than significant. Specifically, the Mitigation Measures MM 3.8.1a and 3.8.1b, described above, ensure that operation of the Project would result in less than significant impacts to water quality. b. Facts in Support of Findings Operation of the proposed Project would result in urbanization of the Project Site and substantially alter existing site conditions. This conversion would increase the impervious surface area of the site through the introduction of new driveways, parking areas, rooftops, and other surfaces. An increase in impervious surface area would increase runoff potentially containing oil and grease, heavy metals, chemicals, and other urban pollutants. Runoff from the proposed landscape areas could also contribute pollutants from fertilizers and pesticides. The Project Site is tributary to Murrieta Creek, the Santa Margarita River (lower and upper), the Santa Margarita Estuary, and the Pacific Ocean. Urbanization in general has the potential to add to the pollutants that currently impair Murrieta Creek, the Santa Margarita River, and the Santa Margarita Estuary. Murrieta Creek is impaired for chlorpyrifos, copper, iron, manganese, nitrogen, phosphorus, and toxicity, and the A-24 11086-0006\2005593v3. d oc Santa Margarita River is impaired for phosphorus and toxicity in the upper region and phosphorus, nitrogen, enterococcus, and fecal coliform in the lower region. The Santa Margarita Estuary is impaired for nutrients (eutrophic). The Project would be required to adhere to City Municipal Code Chapter 8.28, which mandates the implementation of several source control and treatment control BMPs to reduce the discharge of pollutants to the maximum extent practicable. Municipal Code Chapter 8.28 also requires the preparation of Project -specific water quality management plans to comply with waste discharge requirements. The WQMP prepared for the Project (see EIR, Appendix 3.8-B) targets control of pollutants in runoff typically produced by urban development (e.g., bacteria and viruses, nutrients, trash, oil and grease, sediment, oxygen -demanding substances, and pesticides). The Project's WQMP addresses pollutants (i.e., toxicity, total dissolved solids, phosphorus, copper, nutrients, and chlorpyrifos) that have impaired receiving waters. BMPs are incorporated into the design of the on-site storm drain system to treat runoff to the maximum extent practicable. For instance, the Project proposes to include catch basin filter inserts in all inlets/catch basins on-site as a pre-treatment measure. The catch basin filter inserts will remove dirt and oil from runoff before it enters the on-site storm drain system. In addition, the proposed storm drainage improvements for the Project include the incorporation of seven bioretention planters designed to treat the necessary volume of water. (See EIR, Appendix 3.8-A). The proposed bioretention planters have the required surface area and storage volume to adequately treat the Project Site for water quality purposes. Furthermore, the San Diego Regional Water Quality Control Board ("RWQCB") issues permits and waste discharge requirements that require water not be discharged in a manner that would cause an exceedance of applicable water quality objectives or adversely affect beneficial uses designated in the Basin Plan. The San Diego RWQCB requires implementation of various site design BMPs and treatment control BMPs, including low -impact development BMPs, avoidance of critical sediment yield areas, and protection of trash storage from rainfall and runoff. (See EIR, Appendix 3.8-C.) As discussed above, Mitigation Measures 3.8.1a and 3.8.1b require compliance with the SWRCB statewide general permits for construction and dewatering as well as City requirements in the Municipal Code, Jurisdictional Runoff Management Program, and Storm Water Management Plan. These mitigation measures, together with implementation of the Project's proposed storm drain system and compliance with applicable requirements and BMPs, would remove sediment and pollutants from site runoff. These measures and requirements minimize impacts to downstream surface water and groundwater resources and ensure that operation of the Project would have a less than significant impact on water quality. A-25 11086-0006\2005593v3. d oc E. LAND USE AND PLANNING 1. Conflicts with Provisions of an HCP or NCCP Impact 3.3.6 Implementation of the proposed Project could conflict with the provisions of the Western Riverside County MSHCP. The Project's potential impacts to or conflicts with the Western Riverside County MSHCP are discussed in the Biological Resources section above to address the CEQA Guidelines, Appendix G standard of whether the Project would conflict with the provisions of an adopted Habitat Conservation Plan. Nonetheless, the EIR restates this standard of significance in its Land Use and Planning analysis without additional discussion. As such, the Project's potential impacts to or conflicts with the Western Riverside County MSHCP are presented again here. a. Findings The Project has a potential to conflict with the provisions of an applicable Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to conflicts with a habitat conservation plan. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Measure MM 3.3.1 MSHCP Fees: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. Measure MM 3.3.2b: Per MSHCP Species -Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the Project Site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. A-26 11086-0006\2005593v3. d oc b. Facts in Support of Findings The MSHCP protects and preserves certain habitats and species in the region. The MSHCP delineates particular areas of concern through the identification of specific areas known as Criteria Cells. Areas identified as Criteria Cells typically have certain restrictions on development and land alterations. The Project study area is not within a Criteria Cell or any other special conservation area. However, the proposed Project is located within the Burrowing Owl Survey Area. Although no suitable habitat was identified in the initial habitat assessment, burrowing owls have the potential to become established in the future. Therefore, to comply with the MSHCP, preconstruction surveys must be conducted within 30 days of any ground - disturbing activities. In addition, the MSHCP requires a fee for development in Mitigation Fee Areas, which are land areas that occur within the MSHCP. These fees are used to minimize of effects to and protect certain native species. The Project Site is located in the MSHCP Mitigation Fee Area (Riverside County Ordinance 810.2). It is also located in the Stephens' Kangaroo Rat Mitigation Fee Area (Riverside County Ordinance 663). Therefore, to comply with the MSHCP, fees must be paid before development of the Project. Mitigation Measures 3.3.1 and 3.3.2b specifically impose these MSHCP-related requirements. As such, impacts would be less than significant with adherence to the standard conditions, existing requirements, and Mitigation Measures MM 3.3.1 and MM 3.3.2b. F. TRANSPORTATION AND CIRCULATION 1. Traffic Hazards Due to a Design Feature or Incompatible Use Impact 3.13.3: Implementation of the proposed Project will result in increased hazards due to insufficient vehicle stacking length. a. Findings The proposed Project has a potential to substantially increase hazards due to a design feature or incompatible uses. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic hazards. Specifically, the following measures have been included to ensure that the Project's potential impacts are less than significant. Measure MM 3.13.3: The project applicant shall construct the following roadway improvements: • Northbound (from Bedford Court) A-27 11086-0006\2005593v3. d oc o One left turn lane and one shared through/right turn lane; and o Protected left turn phasing • Southbound (from Gateway Drive) o Two left turn lanes (limited to 110 feet in length due to location of on-site driveways); o One shared through/right turn lane; and o Protected left turn phasing • Eastbound (from Temecula Parkway) o One left turn lane with minimum stacking length of 220 feet. b. Facts in Support of Findings The Project Site plan indicates that the Project access driveway (Gateway Drive) will be constructed with two inbound lanes and two outbound lanes north at the Gateway Drive/Temecula Parkway intersection. An internal driveway intersection will be constructed approximately 120 feet north of Temecula Parkway. A vehicle stacking length of approximately 110 feet would be provided for queuing in the southbound approach lanes at the intersection with Temecula Parkway. Pedestrians are currently not allowed to cross Temecula Parkway at the existing intersection. Due to the close spacing of the intersection with the 1-15 Northbound Ramps/Temecula Parkway intersection, it was also assumed that pedestrians would not be allowed to cross Temecula Parkway at the Bedford Court -Gateway Drive intersection. A pedestrian crosswalk is currently located across Temecula Parkway at La Paz Road, near the southeast corner of the Project Site. The environmental analysis assumes that the northbound and southbound left turns of Bedford Court -Gateway Drive/Temecula Parkway intersection will include left turn phasing. The longest queue length needed for the eastbound left turn lane is 219 feet and occurs during the AM peak hour under Opening Year (2017) with Project conditions. The longest southbound left turn queue length is 300 feet and occurs during the PM peak hour under cumulative with Project conditions. Under Buildout Year (2035) conditions, queue lengths are somewhat reduced due to a decrease in volumes on Temecula Parkway as a result of the construction of the Eastern Bypass from Pechanga Parkway to Interstate 15. However, southbound left turn queue length still exceeds 200 feet under Buildout Year (2035) conditions during peak hours. The long queue lengths in the southbound left turn lane are a result of the long signal cycles and signal coordination of the closely spaced intersections along Temecula A-28 11086-0006\2005593v3. d oc Parkway from 1-15 to La Paz Road, which favors the progression and green signal time of the heavy east—west through traffic on Temecula Parkway. The Project proposes an internal driveway intersection to be constructed on the Project Site approximately 120 feet north of Temecula Parkway, and a stacking length of approximately 110 feet would be provided for the southbound approach lanes at the Project access intersection with Temecula Parkway. However, southbound left turn queuing will extend well beyond the provided stacking distance and the location of the internal driveway intersection during peak hours. Because queue lengths would extend beyond the proposed stacking length, impacts are considered potentially significant without mitigation. Overall intersection level of service at the Bedford Court -Gateway Drive/Temecula Parkway intersection with the recommended Project access improvements would be LOS B during the peak hours under cumulative with Project conditions. The access improvements identified in Mitigation Measure 3.13.3 would provide southbound queue lengths through phasing that would not extend beyond the internal driveways and block access to the driveways. It would extend clearance through two left turn lane and one shared right -turn and through lane. As such, with implementation of mitigation measure 3.13.3 to roadway hazards would be reduced to a less than significant level. 2. Cumulative Traffic Impacts on Local Roadways Impact 3.13.6: When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes on local roadways that result in significant impacts to level of service and operations. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the cumulatively considerable impacts to local roadways. Specifically, the following measures have been included to ensure that the impacts remain less than cumulatively considerable. Measure MM 3.13.1a: La Paz Road/Ynez Road Intersection. The project applicant shall contribute fair share funding toward either a traffic signal or a roundabout (with one lane on all approaches) at the La Paz Road/Ynez Road intersection. Measure MM 3.13.1b: 1-15 Southbound and Northbound Ramps at Temecula Parkway. The I-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. A-29 11086-0006\2005593v3. d oc Measure MM 3.13.6: La Paz Road/Temecula Parkway. The project applicant shall contribute fair share funding to restripe the southbound La Paz Road approach from one left turn lane, one through lane, and one right turn lane to consist of dual left turn lanes, one through lane, and one right turn lane. Additionally, a "keep clear" zone shall be painted on the pavement at the intersection to avoid southbound queuing from blocking access to or from Vallejo Avenue and the planned park-and-ride facility located at the southeast corner of La Paz Road and Vallejo Avenue. b. Facts in Support of Findings Four study intersections are forecast to operate at a deficient level of service (LOS E or worse) under cumulative conditions without the proposed Project: • 1-15 Southbound Ramps/Temecula Parkway (both AM and PM peak hours) • 1-15 Northbound Ramps/Temecula Parkway (PM peak hour only) • La Paz Road/Temecula Parkway (PM peak hour only) • La Paz Road/Ynez Road (PM peak hour only) The addition of Project -generated trips has a potential to result in cumulatively considerable impacts at the following four study intersections under Cumulative with Project conditions: • 1-15 Southbound Ramps/Temecula Parkway (both AM and PM peak hours) • 1-15 Northbound Ramps/Temecula Parkway (PM peak hour only) • La Paz Road/Temecula Parkway (both AM and PM peak hours) • La Paz Road/Ynez Road (PM peak hour only) Implementation of Mitigation Measures 3.13.1a and 3.13.1b is required for the impacts at the La Paz Road/Ynez Road intersection and the 1-15 northbound and southbound ramps at Temecula Parkway. These mitigation measures require the applicant to pay fees to pay for street improvements that would reduce cumulative impacts to the La Paz Road/Ynez Road intersections and the 1-15 ramps at Temecula Parkway. Implementation of Mitigation Measure 3.13.6 is required to address the cumulative impact at the La Paz Road/Temecula Parkway intersection. The applicant is required to pay additional fees for re -striping to create a dual left -turn lane and is required to paint a "keep clear" zone. With implementation of these mitigation measures, the forecast level of service at the study intersections would be less than significant. (See EIR, Table 3.13-15.) The Project's impacts are thus reduced to less than cumulatively considerable. A-30 11086-0006\2005593v3. d oc 3. Cumulative Impacts to Local Roadways at Buildout Year 2035 Impact 3.13.8 When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes at buildout that result in significant impacts to level of service and operations. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the cumulatively considerable impacts to local roadways at buildout year 2035. Specifically, the following measures have been included to ensure that the impacts remain less than cumulatively considerable. MM 3.13.8a La Paz Road/Temecula Parkway. The project applicant shall contribute fair share funding toward the construction of a dedicated westbound right turn lane with a minimum stacking length of 250 feet. MM 3.13.8b Pechanga Parkway/Temecula Parkway. The project applicant shall contribute fair share funding to restripe the General Plan Circulation Element improvement on westbound Temecula Parkway to provide the following lane geometrics: § Three westbound left turn lanes; and § Three westbound through lanes. MM 3.13.8c Jedediah Smith Road/Temecula Parkway. The project applicant shall contribute fair share funding toward the installation of a right turn overlap at the southbound approach of the intersection. b. Facts in Support of Findings AM and PM peak -hour levels of service for local roadways during Buildout Year (2035) without and with the proposed Project are summarized in Table 3.13-19 of the EIR. Three study intersections are forecast to operate at a deficient level of service (LOS E or worse) both without and with the proposed Project: • La Paz Road/Temecula Parkway (AM peak hour only) • Pechanga Parkway/Temecula Parkway (PM peak hour only) • Jedediah Smith Road/Temecula Parkway (PM peak hour only) The addition of Project -generated trips is forecast to result in significant impacts at the above three study intersections. Without the Project, these intersections will operate at a deficient level and the Project would increase delays above a significant level without mitigation. A-31 11086-0006\2005593v3. d oc Mitigation Measures 3.13.8a, 3.13.8b, and 3.13.8c require the Project applicant to pay fair -share fees for improvements to the three affected intersections. As shown in Table 3.13-20 of the EIR, the improvements funded through these fees would reduce impacts to the three affected intersections to a less than cumulatively considerable level at Buildout Year (2035). VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Greenhouse Gas Emissions (GHGs), Noise, and Transportation and Circulation, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. GREENHOUSE GAS EMISSIONS 1. Generation of GHG Emissions Impact 3.4.1: The Project would generate greenhouse gas emissions in the year 2020 and beyond. The Project's contribution would be cumulatively considerable and significant and unavoidable. a. Findings The proposed Project has a potential to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. No feasible mitigation measures have been identified to reduce the Project's potential impacts related to greenhouse gas emissions because approximately 80 percent of the Project's GHG emissions are attributed to mobile emissions that are outside of the jurisdictional authority of the City to regulate. Impacts related to greenhouse gas emissions would remain significant and unavoidable. b. Facts in Support of Findings Construction of the proposed Project would generate approximately 1,288 total metric tons of CO2e, at approximately 809 metric tons per year. In accordance with the SCAQMD guidance, projected GHGs from construction are quantified and then amortized over the life of the Project, which is 30 years. The amortized construction emissions are included in the annual average operational emissions. SCAQMD's interim screening level numeric "bright -line" threshold is 3,000 metric tons of CO2e annually. The proposed Project would result in the generation of approximately 3,773 metric tons of CO2e annually in year 2020 and 3,524 metric tons of CO2e annually in 2035. Thus, the proposed Project exceeds SCAQMD's interim threshold of 3,000 metric tons annually. In addition, SCAQMD recommends an efficiency -based threshold of 4.8 metric tons of CO2e per service population (residents plus employees) per year by the year 2020 and 3.0 metric tons of CO2e per service population per year in 2035. The efficiency -based A-32 11086-0006\2005593v3. d oc threshold is used to assess the Project's impacts to the post -2020 GHG reduction goals from Executive Order B-30-15 (2015) and Executive Order 5-03-05 (2005). SCAQMD's approach is to identify the emissions level for which a project would not be expected to substantially conflict with existing California legislation adopted to reduce statewide GHG emissions. The Project is expected to have a total 274 employees and no residences. As such, the service population increase is 274. Using the efficiency -based thresholds, the Project would generate 13.7 metric tons of CO2e annually per service population for year 2020 and 12.8 metric tons of CO2e annually per service population for year 2035. These emissions would surpass both the year 2020 and year 2035 efficiency -based significance thresholds. The majority of GHG emissions resulting from the Project would be generated by mobile sources. Of the approximately 3,773 metric tons of CO2e emission annually in year 2020, about 3,004 metric tons result from mobile sources. Of the approximately 3,524 metric tons of CO2e emissions annually in 2035, 2,844 metric tons result from mobile sources. These mobile -source emissions are regulated at the regional, state, and federal levels and are not directly regulated by cities, including the City of Temecula. To reduce non-mobile source emissions, the Project would already be required to implement energy efficiency design requirements consistent with the California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). No additional feasible mitigation is available to reduce impacts related to GHG emissions. The large majority of GHG result from mobile sources. The resulting GHG emissions generated by the Project are nevertheless considered cumulatively considerable and significant and unavoidable. B. NOISE 1. Construction Noise Impacts Impact 3.10.1: Construction of the proposed Project may expose persons to or generate noise levels in excess of standards established in the City's General Plan or noise ordinance, or applicable standards of other agencies. Impact 3.10.5 Construction of the proposed Project may result in a temporary increase in ambient noise levels in the Project vicinity. a. Findings During construction, the proposed Project has a potential to temporarily generate noise levels that may result in (1) exposure of persons to or generation of noise levels in excess of applicable local standards and (2) a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. A-33 11086-0006\2005593v3. d oc Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise. The below mitigation measures are required in order to reduce construction noise impacts to the extent feasible. Measure MM 3.10.1a: Prior to the issuance of grading permits, the project applicant shall submit a construction -related noise control plan to the City for review and approval. The plan shall: • Depict the location of construction equipment staging areas. . Require that construction contractors equip construction equipment (fixed or mobile) with properly operating and maintained mufflers consistent with manufacturers' standards. Require that the construction contractor place stationary construction equipment so that emitted noise is directed away from the noise -sensitive receptors nearest the Project Site. Describe other noise control measures that will be implemented during project -related construction activities. Barriers such as plywood structures or flexible sound control curtains shall be erected around the Project Site to minimize the amount of noise on the surrounding off-site sensitive receptors to the maximum extent feasible during construction. The construction supervisor shall ensure compliance with the noise control plan, and the City shall conduct periodic inspections at its discretion. Measure MM 3.10.1b: The construction supervisor shall provide written notification of planned activities to the City of Temecula and to each of the property owners with buildings located along Vallejo Avenue a minimum of 15 days prior to commencement of each phase of construction. Measure 3.10.1c: The construction supervisor shall maintain a complaint log noting date, time, complainant's name, nature of the complaint, and any corrective action taken. A copy of the complaint log shall be provided to the City on a daily basis. The project manager shall publish and distribute to the potentially affected community, a phone number that is attended during active construction working hours for use by the disturbed public to register complaints. b. Facts in Support of Findings Construction temporary generates elevated noise levels due to activities such as site grading and earthwork, road paving, building construction, and operation of motor A-34 11086-0006\2005593v3. d oc vehicles and construction equipment. To provide a conservative or "worst-case" analysis, the EIR assumed that the entire Project Site would be construction in one single phase of active construction. Heavy construction equipment can generate noise between approximately 70 dBA to in excess of 100 dBA when measured at 50 feet. Noise levels generated by individual pieces of construction equipment typically range from approximately 74 dBA to 89 dBA Lmax at 50 feet. Average -hourly noise levels associated with construction projects can vary, depending on the activities performed, reaching levels of up to approximately 83 dBA Leq at 50 feet. Although noise ranges are generally similar for all construction phases, the initial site preparation phase tends to involve the most heavy-duty equipment having a higher noise -generation potential. However, these noise levels diminish with distance from the construction site at a rate of 6 dBA per doubling of distance. The highest construction noise level impacts will occur during construction activities at the boundaries of the Project Site adjacent Vallejo Road because these boundary areas are nearest to noise receptors. However, existing noise levels along Temecula Parkway are above 75 dBA and construction noise would be "absorbed" by the existing ambient noise levels. Under Temecula Municipal Code, Section 9.20.040, residential land uses such as single-family residences should not be exposed to an exterior noise level that exceeds a maximum of 65 dB Ldn /CNEL generated by a noise source, including during construction activities. Nearby residential receptors at a distance of less than 50 feet from the Project boundaries will likely experience temporary/periodic noise levels caused by various construction equipment in excess of the 65 dB standard. (See EIR, Table 3.10-7.) Municipal Code Section 9.20.070 allows the City Manager to grant an exception from the noise limits, which would permit construction under the City's Municipal Code. The City of Temecula limits construction activities to between the hours of 6:30 p.m. and 7:00 a.m. Monday through Friday, and between 7:00 a.m. and 6:30 p.m. on Saturday. Construction is prohibited on Sundays and nationally recognized holidays. To further reduce impacts related to construction noise, Mitigation Measures 3.10.1a, 3.10.1b, and 3.10.1c require the implementation of noise reduction devices and techniques during construction at the Project Site, as well as notification of the affected noise -sensitive receptors. These mitigation measures reduce the noise levels associated with construction to the maximum extent feasible. However, off-site sensitive receptors may still be exposed to a substantial temporary or periodic increase in ambient noise levels that would exceed the City's 65 dB Ldn/CNEL standard. C. TRANSPORTATION AND CIRCULATION 1. Substantial Increase in Traffic Volume Impact 3.13.1 The proposed Project would result in an increase in traffic under the existing plus Project and the Opening Year (2017) scenarios A-35 11086-0006\2005593v3. d oc that is substantial in relation to the existing traffic load and capacity of the street system or exceeds an established level of service standard (i.e., results in a substantial increase in either the volume -to -capacity ratio and/or the level of service at intersections). a. Findings The proposed Project has a potential to result in a substantial increase in traffic volume. Due to this traffic -volume increase, the proposed Project has a potential to conflict with (a) an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system and (b) an applicable congestion management program, including, but not limited to level of service standards and travel demand measures. Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potentially significant environmental effects related to traffic volumes. Specifically, the following mitigation measures reduce traffic volume impacts to the extent feasible. Measure MM 3.13.1a La Paz Road/Ynez Road Intersection. The project applicant shall contribute fair share funding toward either a traffic signal or a roundabout (with one lane on all approaches) at the La Paz Road/Ynez Road intersection. Measure MM 3.13.1b 1-15 Southbound and Northbound Ramps at Temecula Parkway. The I-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. b. Facts in Support of Findings Three intersections operate at a deficient level of service (LOS D or worse) under existing conditions and these three intersections would continue operating at deficient levels of service with the addition of Project -generated trips: § Rainbow Canyon Road/Pechanga Parkway during PM peak hour only (LOS F with and without Project -generated trips) § La Paz Road/Ynez Road during PM peak hour only (LOS E, reduced to F with Project -generated trips) § 1-15 Southbound Ramps/Temecula Parkway during both AM and PM peak hours (LOS D, with and without Project -generated trips) A-36 11086-0006\2005593v3. d oc The proposed Project is planned to open in 2017. Three intersections will operate at deficient levels of service under Opening Year (2017) conditions and would continue operating at deficient levels of service with the addition of Project -generated trips: § 1-15 Southbound Ramps/Temecula Parkway during both AM and PM peak hours (LOS D with and without Project -generated trips) § 1-15 Northbound Ramps/Temecula Parkway during PM peak hours only (LOS D with and without Project -generated trips) § La Paz Road/Ynez Road during PM peak hours only (LOS F with and without Project -generated trips) The Rainbow Canyon Road/Pechanga Parkway currently operates at a LOS F deficient level of service during PM peak hours. However, its level of service would improve to LOS C under baseline Opening Year (2017) conditions because striping changes will be completed at the northbound Rainbow Canyon Road approach, which will allow effective use of dual left -turn and right turn lanes. This improvement is expected to be implemented as part of the nearby Temecula Creek Inn expansion project. If for some reason the Temecula Creek Inn expansion project does not move forward, the restriping would be conducted as part of the Temecula Gateway Project. For the La Paz Road/Ynez Road intersection, a traffic -signal warrant analysis determined that conditions warrant installation of a traffic signal under both existing and Opening Year (2017) conditions. This traffic signal would improve levels of service and delays to an acceptable level reduce impacts at this intersection to less than significant under existing plus Project and Opening Year (2017) plus Project conditions. Mitigation Measure 3.13.1a requires the applicant to pay a fair -share fee toward either a traffic signal or roundabout at this intersection. As such, impacts to the La Paz Road/Ynez Road intersection would be reduced to less than significant with implementation of Mitigation Measure 3.13.1a. For the 1-15 Southbound/Temecula Parkway and 1-15 Northbound/Temecula Parkway intersections, the I-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. This Improvement Project will include the reconstruction of the Old Town Front Street/Temecula Parkway and 1-15 southbound ramps/Temecula Parkway intersections as a single intersection. Under Opening Year (2017) conditions with or without the Project, these 1-15 intersections at Temecula Parkway would continue to operate at an LOS D level of service, but the payment of fees identified in Mitigation Measures MM 3.13.1b would help counterbalance impacts to state highway facilities. Nonetheless, because levels of service at these 1-15 intersections remain deficient and impacts to these facilities would continue to result in an exceedance of the LOS thresholds, the proposed Project would have a significant and unavoidable impact to this facility. No feasible mitigation is available in addition to the existing I-15/Temecula Parkway Interchange Improvement Project. A-37 11086-0006\2005593v3. d oc 2. Cumulative Traffic Impacts on State Highway Facilities Impact 3.13.7 When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes on state highway that result in significant impacts to level of service and operations. This is considered a cumulatively considerable impact. a. Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potentially significant cumulative impacts to state highway facilities. The below mitigation measures are required in order to reduce traffic impacts to the extent feasible. Measure MM 3.13.1b: 1-15 Southbound and Northbound Ramps at Temecula Parkway. The I-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. b. Facts in Support of Findings An I-15/Temecula Parkway interchange improvement project is fully funded and construction is scheduled to be completed by 2017. Nonetheless, impacts to highway facilities with and without completion of the I-15/Temecula Parkway interchange improvement project were considered in the event that the interchange project is not completed before the development of the proposed Project. As such, an analysis was completed to assess the 1-15 facilities with or without the Project and without or without the scheduled improvements. Under cumulative conditions without improvements, the queue exceeds storage capacity for the right turn movement during the PM peak hour both without and with the proposed Project for the 1-15 northbound off -ramp. For the 1-15 southbound ramp, the queue exceeds the storage capacity for the left turn and through movements during both the AM and PM peak hours without and with the proposed Project. However, with the scheduled interchange improvements, the queue for all the movements on both the northbound and southbound off -ramps does not exceed the storage capacity with or without the Project. (See EIR, Table 3.13-17.) For merging under cumulative conditions without the Project, the 1-15 southbound -ramp merge area operates at a deficient level of service (LOS D or worse) during the AM peak hour. The ramp merge and diverge areas operating at a deficient level of service under cumulative conditions without the Project will continue to operate at a deficient level of service with the addition of Project -generated traffic. A-38 11086-0006\2005593v3. d oc The fees imposed by Mitigation Measure 3.13.1b would assist in the counterbalancing of impacts to state highway facilities caused by the proposed Project. However, impacts to these facilities would continue to result in an exceedance of the LOS thresholds. The -15/Temecula Parkway Interchange Improvement Project is already funded and no additional feasible mitigation is available to mitigate cumulative impacts to state highway facilities. As such impacts are considered cumulatively considerable and unavoidable. 3. Cumulative Traffic Impacts on State Highway Facilities —Buildout Year (2035) Conditions Impact 3.13.9: When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes on state highway facilities at buildout that result in significant impacts to level of service and operations. a. Findings Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to transportation and circulation. The below mitigation measures are required in order to reduce traffic impacts to the extent feasible. Measure MM 3.13.1b: 1-15 Southbound and Northbound Ramps at Temecula Parkway. The I-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. b. Facts in Support of Findings Based on a level of service analysis, the Old Town Front Street/I-15 Southbound Ramps/Temecula Parkway intersection is forecast to operate at a deficient level of service (LOS D or worse) during both the AM and PM peak hours under Buildout Year (2035) conditions without the proposed Project. With the addition of Project -generated trips, this intersection is forecast to continue operating at a deficient LOS D during peak hours. Based on the City's thresholds of significance, the addition of Project -related traffic does not result in significant impacts to levels of service at the ramp intersections under Buildout Year (2035) conditions. Based on a queuing analysis, the 1-15 northbound off -ramp left -turn movement will have queue lengths that exceed storage capacity during both the AM and PM peak hours without and with the proposed Project. The 1-15 southbound off -ramp left -turn movement will have queue lengths that exceed storage capacity without and with the proposed Project, but only during the AM peak hour. A-39 11086-0006\2005593v3. d oc Based on a merge/diverge analysis, the demands on the 1-15 northbound ramp merge/diverge area will exceed capacity and operate at a deficient LOS F during the PM peak hour under Buildout Year (2035) conditions with and without the proposed Project. The 1-15 southbound ramp merge area will operate at a deficient level of service (LOS D or worse) during the AM peak hour under Buildout Year (2035) conditions with and without the proposed Project. The fees imposed by Mitigation Measure 3.13.1b would assist in the counterbalancing of impacts to state highway facilities at Buildout Year (2035). However, impacts to these facilities would continue to result in an exceedance of the LOS thresholds based on queuing and merge/diverge demand. The I-15/Temecula Parkway Interchange Improvement Project is already funded and no additional feasible mitigation is available to mitigate cumulative impacts to state highway facilities. As such impacts are considered cumulatively considerable and unavoidable. VIII. Project Alternatives. The EIR considered and analyzed four alternatives to the Proposed Project: Alternative 1 -No Project, No Build; Alternative 2 -No Project, Permitted Development; Alternative 3 -Reduced Project Development; and Alternative 4 -No Health and Fitness Center or Sit -Down Restaurant, with 175 -Room Hotel. Pursuant to CEQA Guidelines Section 15126.6, the EIR analyzed and considered two "No Project" alternatives because there are two possible outcomes if the City does not approve the Project: either the "No Build" alternative or the "Permitted Development" alternative. In addition, a range of other alternative site access options were considered and rejected, as described in section 4.0 of the EIR. The four alternatives that were analyzed in the EIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 4.0-7 of the EIR. Each alternative's environmental impacts are considered and analyzed, along with an analysis of whether it achieves any of the Project Objectives as shown below. • Provide a planning mechanism to allow flexibility in development regulations and design standards to allow a mix of commercial uses that are cohesive in design and aesthetic appearance, and compatible with the surrounding community. • Create an aesthetic entry statement to the city and project on Temecula Parkway, and minimize impacts to neighboring properties by designing with high quality architecture, landscaping, signage, adequate buffers, screening, drainage, and traffic controls. • Develop retail and community commercial services that can be adequately served by existing public services and utilities. A-40 11086-0006\2005593v3. d oc • Create a commercial development that can capture "pass -by" trips on Interstate 15 and Temecula Parkway, as well as current and future demand for goods and services from Temecula residents. A. ALTERNATIVE ONE — NO PROJECT -NO BUILD 1. Summary of Alternative Alternative 1 evaluates the environmental impacts if the Project Site were to remain in its current state as vacant land for the foreseeable future. The existing Project Site is graded but has no structural development, so the existing condition of the site is vacant and relatively flat. There is a slight gain in elevation from 1,010 to 1,062 feet from the southwest to north end of the Site. The Project Site is covered with ruderal vegetation and there are no trees with the exception of five ornamental pine trees along the west side of La Paz Road and six ornamental pine trees along the northwestern boundary of the site. No natural water features (i.e., rivers, streams, or lakes) are located on the Project Site. On the west side of the site, an ephemeral drainage flows into a culvert under Temecula Parkway. Under Alternative 1, no development would occur on the Project Site for the foreseeable future and the Site would remain in its current graded and undeveloped condition. Although Alternative 1 could occur if the City does not approve the Project, it is not what can most reasonable be expected to occur on the Site if the Project is not approved because development is permitted on the Site as discussed and analyzed under Alternative 2. 2. Reason for Rejecting Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain graded, vacant, and undeveloped land. Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Nonetheless, Alternative 1 would result in reduced impacts in these impact categories (Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources) because the Project Site would remain vacant. For aesthetic impacts, Alternative 1 would also not impact views, scenic resources, or the visual character and quality of the Site because no development would occur and the Site would remain in its current condition. The Project's aesthetics impacts are all less than significant without mitigation. Nonetheless, Alternative 1 would have no impacts to aesthetics and would therefore reduce impacts compared to the proposed Project. A-41 11086-0006\2005593v3. d oc Air quality impacts would be reduced under Alternative 1 because it would not build uses near 1-15 and no development would occur on the Project Site. The proposed Project would not exceed applicable air quality thresholds, result in TAC impacts, or conflict with regional air quality management planning. However, portions of the Project Site are located within 500 feet of the 1-15 and future development of the Site may occur on those portions. Because Alternative 1 would result in no development, it would have no impacts to air quality and would therefore reduce impacts compared to the proposed Project. Greenhouse gas emissions would similarly be reduced under Alternative 1. Because no development would occur on the site, it would not result in any stationary or mobile - source GHG emissions. The proposed Project's GHG emissions are significant and unavoidable, primarily due to mobile -source emissions arising from vehicles to and from the Project. Alternative 1 would reduce these impacts, as no development would occur at the Site. No hazardous material or spill sites were identified on any of the Project Site's parcels. As compared to the proposed Project, Alternative 1 would have a lower potential to release unknown and unanticipated hazardous material because it includes no development and no storage of gasoline on-site. As such, Alternative 1 would have no impact to hazards and hazardous materials, which results in less impact than the proposed Project's less than significant impacts. Impacts related to airport and wildfire hazards would be similar because the Project Site remains the same. For land use impacts, Alternative 1 would not result in any changes to the General Plan land use designation or zoning for the Project Site and therefore would not have any potential conflicts with existing City of Temecula land use policies or regulations. As with the proposed Project, development of Alternative 1 would not result in the physical division of an established community or conflict with a habitat conservation plan or natural community conservation plan. However, the site is currently identified in the General Plan with the Professional Office land use designation. Implementation of Alternative 1 would not allow the development of the site as professional office uses, which would not result in a significant impact but would result in impacts similar to the proposed Project because it would not implement the General Plan's current vision. As such, impacts on land use would be similar to those anticipated under the proposed Project. Noise impacts would not occur under Alternative 1 because it would not result in changes to the existing conditions of the Site. As such, Alternative 1 would result in no noise impacts and would have less of an impact related to noise than the proposed Project. Population and housing impacts would not occur under Alternative 1 because no development of the site would occur. As such, Alternative 1 would not result in population growth. Neither the proposed Project nor Alternative 1 would remove housing or displace persons, as there are no housing units on the Project Site. Alternative 1 would have no impact regarding population and housing and therefore A-42 11086-0006\2005593v3. d oc would have less impact than the proposed Project, which already has a less than significant impact. Impacts to public services and utilizes would be less under Alternative 1 due to the lack of development. Although the fire department and police department would respond to the Site in case of a fire or a crime committed on the site, the demand for public services and utilities would be the same as it exists currently. Implementation of the proposed Project would result in less than significant impacts to law enforcement, fire protection, schools, and parks and recreation. Additionally, the proposed Project would result in less than significant impacts to water, wastewater, stormwater drainage, and solid waste capacity and facilities. While none of the proposed Project's impacts would require new or expanded facilities, the proposed Project would increase the demand for all of the public services and utility facilities in the city. As such, Alternative 1 would have no impact to public services and utilities, compared to the less than significant impacts under the proposed Project. Alternative 1 would result in no increases in traffic or demand for public transit or bicycle/pedestrian facilities. Alternative 1 would not result in additional pedestrian facilities, result in impacts to existing roadways, or increase the demand for public transportation. The proposed Project would result in the addition of sidewalks/walking paths that do not currently exist on the Project Site and would not result in significant impacts to public transit or bicycle/pedestrian facilities. However, the proposed Project would result in significant impacts to a number of roadways and intersections in the Project area, resulting in cumulatively considerable and significant and unavoidable impacts to Caltrans facilities. As such, Alternative 1 would have less impact when compared to the proposed Project regarding transportation and circulation. Overall, Alternative 1 would therefore reduce environmental impacts compared to the proposed Project. However, Alternative 1 does not satisfy any of the four Project Objectives. Because Alternative 1 would result in no development of the Site, it would not create flexibility to allow a mix of commercial uses, create an aesthetic entry statement to Temecula, develop retain and commercial services, create development to capture "pass -by" trips on Interstate 15 and Temecula Parkway, or provide for the current and future demands of Temecula residents. Whereas the proposed Project satisfies each Project Object, Alternative 1 fulfills none of the Objectives. Thus, the City Council finds that Alternative 1 would not meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 1, and by itself, independent of any other reason, would justify rejection of Alternative 1. B. ALTERNATIVE 2 — NO PROJECT -PERMITTED DEVELOPMENT 1. Summary of Alternative Alternative 2 provides the comparison of the proposed Project versus what can reasonably be expected to occur on the properties should the proposed Project not be A-43 11086-0006\2005593v3. d oc approved but future development occurs. The analysis allows decision -makers to compare the impacts of approving the project with the impacts of not approving the project. This "No Project -Permitted Development" alternative does not necessarily mean the Site will remain undeveloped because the Project Site is designated for future potential professional office uses in the General Plan and zoning code of Professional Office (PO). If no action is taken on the proposed Project, it is reasonable to assume that a professional office project would be proposed in the foreseeable future consistent with the General Plan and zoning. The PO zoning district establishes a minimum gross area of a development site at five acres. As such, if the Site were developed under the PO zoning district, the 8.79 -acre Project Site would be treated as one site. The PO zoning district has a target floor area ratio (FAR) of 0.50. This would result in a potential building coverage of about 4.4 acres or 191,664 square feet. The Project Site's PO zoning designation allows a wide variety of uses, including offices, hotels, parking lots, grocery stores, hospitals, churches, and emergency shelters. Because of the array of allowed uses in the PO zoning district, the potential environmental impacts would vary considerably. In order to define the potential environmental impacts of Alternative 2 for comparison purposes, a government office was selected as a possible use. Government office represents one of the highest levels of vehicle trips for the allowed uses in the PO zone based on the Institute of Transportation Engineers' (ITE) Trip Generation Rates manual. Based on the ITE manual, a 191,664 -square -foot government complex would generate approximately 5,352 daily vehicle trips. Many environmental impacts analyzed in an EIR are related to the project's location, such as such as biological, cultural, geologic, and visual impacts. However, some environmental impacts are related to the type of project, such as traffic and traffic's effects on air quality, GHG emissions, and noise. This is because different uses produce different amounts of traffic. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Impacts in these categories would occur under Alternative 2 and would be similar to the proposed Project because Alternative 2 would similarly develop the vacant Site. Although the proposed Project would have a somewhat larger building footprint, both projects would require land clearing and grading of almost the entire site. This would result in the same impacts and require the same mitigation measures for biological resources, cultural resources, and hydrology A-44 11086-0006\2005593v3. d oc and water resources. In addition, geological impacts and mitigation measures would be the same, as the buildings of Alternative 2 would have same potential for seismic, landslide, liquefaction, and other geological impacts as the proposed Project. Therefore, Alternative 2 would have the same impact in these categories as compared to the proposed Project. For aesthetic impacts, Alternative 2 would result in development of a 191,664 -square - foot government office complex. The Site's PO zoning designation allows a maximum building height of 75 feet whereas the proposed Project has a maximum building height of 35 feet for those buildings located on Parcels 3 through 6 and 74 feet for building located on Parcels 1 and 2. The proposed Project would have a less than significant impact to aesthetics, with no mitigation required. Because location and other property features remain the same, allowed building heights would be the major difference between Alternative 2 and the proposed Project. The area of the proposed Project that is limited to a maximum building height of 35 feet in the proposed Project (Parcels 3 to 6) could be developed at a height of 75 feet under Alternative 2. This height increase under Alternative 2 would be substantial and, therefore, result in greater aesthetic impacts compared to the proposed Project. Air quality impacts would be greater under Alternative 2 because it would exceed reactive organic gas (ROG) emissions whereas the proposed Project would not exceed any air quality emission thresholds. Alternative 2 would exceed the threshold for reactive organic gases (ROG) during construction, which would require mitigation. Additionally, impacts related to exposure of sensitive land uses to stationary or mobile - source pollutant concentrations would be similar because this impact is related to Site's proximity to 1-15 as well as to type of use. Mitigation is imposed on the proposed Project to reduce impacts to less than significant and could similarly reduce Alternative 2's impacts related to exposure of land uses to pollutant concentrations. Because Alternative 2 would result ROG emissions that exceed thresholds during construction, impacts would be greater than those for the proposed Project. Greenhouse gas emissions would be greater under Alternative 2 and would also result in a cumulatively considerable and significant and unavoidable impact because Alternative 2 results in a larger development scenario. The proposed Project's greenhouse gas emissions are also cumulatively considerable and significant and unavoidable, with no feasible mitigation available to reduce the impacts to less than significant. Approximately 80 percent of the proposed Project's GHG emissions result from mobile source and this percentage would be similar under Alternative 2. Therefore, impacts related to GHG would also be significant and unavoidable under Alternative 2, but impacts would be greater under the alternative scenario. No hazardous material or spill sites were identified on any of the Project Site's parcels. As compared to the proposed Project, Alternative 2 would have a lower potential to release unknown and unanticipated hazardous material because it does not include storage of gasoline on-site. Alternative 2 replaces the gasoline station use with government offices. However, this potential is considered low under either scenario and therefore would result in less than significant impacts. As such, Alternative 2 would A-45 11086-0006\2005593v3. d oc result in similar or somewhat reduced impacts to hazards and hazardous materials. Impacts related to airport and wildfire hazards would be the same under either scenario because the Project Site remains the same. For land use impacts, Alternative 2 would not result in any changes to the General Plan land use designation or zoning for the Project Site and therefore would not have any potential conflicts with existing City of Temecula land use policies or regulations. As with the proposed Project, development of Alternative 2 would not result in the physical division of an established community or conflict with a habitat conservation plan or natural community conservation plan. Impacts on land use would be similar to those anticipated under the proposed Project because both Alternative 2 and the proposed Project result in no land use significant impacts. Construction noise under Alternative 2 would be similar, but the construction period would be longer because it is a larger development. Operational traffic noise would be less under Alternative 2 as compared to the proposed Project because traffic from Alternative 2 would be less. Additionally, Alternative 2 would not include the noise coming from the gas station, the fast-food restaurant and coffee shop drive-throughs, and the car wash, which are considered the main source of Project Site operational noise from the proposed Project. Overall, the Alternative 2 would have less of an impact related to noise than the proposed Project because long-term operational noise would be less. Population growth under Alternative 2 would be greater than under the proposed Project. Alternative 2's office park would average approximately 191 square feet per employee, which means it would employ approximately 1,003 persons. Assuming all of the employees would be new to the City and that the average household size would be the size of the employee's family, Alternative 2 would increase the city's resident population by 3,250. This would represent an increase of 2.9 percent over the 2015 population and would not be considered a substantial increase in population as the population increase is within the population capacity. Additionally, although some government -related jobs require specialized employees who may need to move to the area, many do not and the jobs would be filled by people already living in the area. As such, the population would not increase by the theoretical 3,250 persons but by a much lower amount. Neither the proposed Project nor Alternative 2 would remove housing or displace persons, as there are no housing units on the Project Site. Thus, Alternative 2 would result in more population growth but would still result in a less than significant impact and, therefore, would be similar to the proposed Project. Alternative 2 would increase demand for public services and utilities as compared to the proposed Project because it would have a greater development potential. However, Alternative 2 would, like the proposed Project, result in less than significant impacts to all of the public services and utilities even though it would have a greater physical impact due to greater water supply, wastewater treatment, and solid waste disposal demand when compared to the proposed Project. A-46 11086-0006\2005593v3. d oc Traffic generation under Alternative 2 would be reduced because of the nature of the alternative office use. However, it cannot be determined whether Alternative 2's traffic impact would also result in significant impacts to the intersections and roadway segments that the proposed Project impacts because a full traffic study for Alternative 2 would be necessary. Nonetheless, Alternative 2 would therefore result in fewer traffic - and circulation -related impacts compared to the proposed Project. Overall, Alternative 2 would result in increased impacts in areas such as air quality and GHG emissions as compared to the proposed Project. However, Alternative 2 fails to satisfy most of the Project Objectives. It would not provide flexibility to allow a mix of commercial uses because it would result in one governmental office use. Although the government office could be designed to be an aesthetic entry statement, the use would diminish entry statement because it would not serve passers-by. It would not develop any retail and community commercial services and would not capture pass -by trips on 1-15 and Temecula Parkway. Thus, the City Council finds that Alternative 2 would not fully meet the Project Objectives; it is not the environmentally superior alternative; and does not avoid significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 2, and by itself, independent of any other reason, would justify rejection of Alternative 2. C. ALTERNATIVE 3 — REDUCED PROJECT DEVELOPMENT 1. Summary of Alternative Alternative 3 would include all of the proposed uses of the proposed Project but would reduce commercial/retail development by approximately 25 percent. Alternative 3 would have a 12 position gas station and a car wash, a health and exercise club, retail uses, offices, and restaurants. (See EIR, Table 4.0-1.) As with the proposed Project, this alternative would require a General Plan Amendment and rezone to change the current General Plan land use designation and zoning to a Planned Development Overlay District. Alternative 3 would, like the proposed Project, develop six parcels on the Project Site with the same uses on each parcel, as follows: health and exercise club (Parcel 1), a restaurant (Parcel 2), a gas station with a convenience store and second -story office (Parcel 3), retail and a fast-food restaurant (Parcel 4), a coffee shop (Parcel 5), and retail, offices and a fast food restaurant (Parcel 6). However, the building sizes for each parcel would be reduced by about 25 percent, with the reductions focused on the commercial/retail portions. A-47 11086-0006\2005593v3. d oc 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Impacts to these areas would be similar because of construction -related impacts such as soil disturbance and other construction -related intrusions even though the actual building footprint would be smaller. Operation of Alternative 3 would result in the development of a currently vacant site for urban uses, which would have similar potential impacts to biological resources, cultural resources, and hydrology and water resources. In addition, geology impacts are based on location, so similar projects would have similar results. Although Alternative 3 would have a smaller building footprint, both projects would require land clearing and grading of almost the entire site. In addition, geological impacts and mitigation measures would be the same, as the buildings of Alternative 3 would have same potential for seismic, landslide, liquefaction, and other geological impacts as the proposed Project. This would result in the same impacts and require the same mitigation measures in these impact categories. Therefore, Alternative 3 would have the same impact in these areas when compared to the proposed Project. For aesthetics, Alternative 3 would similarly result in a change to land that is currently vacant to commercial uses. Although the proposed Project would allow greater development than Alternative 3, visual impacts under this alternative would be similar to those of the proposed Project because the aesthetic scale of the projects would not be substantially different. The height of Alternative 3's buildings would be limited by the PDO -14 height restrictions, as it would for the proposed Project. Development of the proposed Project would result in less than significant impacts to scenic resources. Overall, like the proposed Project, Alternative 3 would result in a less than significant impact to scenic resources and would therefore be similar to the proposed Project. Air quality emissions are based on a project's size and the number of project -related daily vehicle trips. Because Alternative 3 would be smaller in size and generate fewer vehicle trips, it would have less air quality emissions. However, none of the proposed Project's air quality emissions exceeded federal or state air quality thresholds, which resulted in a less than significant impact in this area. Alternative 3's impact related to exposure of sensitive land uses to stationary or mobile -source pollutant concentrations would be similar to the proposed Project because this impact is related to project location as well as to type of use. Thus, Alternative 3 would result in fewer emissions, but it would similarly result in a less than significant impact requiring no mitigation. Greenhouse gas emissions resulting from Alternative 3 would exceed applicable standards. Similar to the proposed Project, approximately 80 percent of these GHG emissions are from mobile sources and there would be no feasible mitigation to reduce this impact to a level that is less than significant. Although this alternative is a 25 percent smaller project, the reduction in size would not reduce GHG emissions to below A-48 11086-0006\2005593v3. d oc the applicable GHG thresholds. As such, Alternative 3 would also result in a cumulatively considerable and significant and unavoidable impact. No hazardous material or spill sites were identified on any of the Project Site's parcels. Alternative 3 would have the same potential for the release of hazardous materials because the gas station, while smaller in the number of fueling stations, will still have fuel storage tanks on-site. Further, the Alternative 3 parcels are the same, so this alternative would have the same result regarding hazardous materials sites and hazards from airports or wildfires. As such, Alternative 3 and the proposed Project would have a similar impact to hazards and hazardous materials. Land use impacts under Alternative 3 would be the same as under the proposed Project. Alternative 3 would require the same changes to land use designations and zoning. As with the proposed Project, development of Alternative 3 would not result in the physical division of an established community or conflict with a habitat conservation planning. Thus, impacts on land use would be the same as those anticipated under the proposed Project and have a similar impact. Construction noise under Alternative 3 would be similar. However, the construction period would be shorter because it is a smaller project. Operational traffic noise reduced under Alternative 3 as a result of reduced traffic. Overall, Alternative 3 would have less of an impact related to noise than the proposed Project because long-term operational noise would be less. Population growth is based on the estimated number of employees for the proposed Project compared to Alternative 3. The estimated number of employees under the proposed Project is approximately 274 persons. An estimate of the number of employees for Alternative 3 is approximately 207 persons. Temecula has a 2015 estimated population of 110,203 and an average household size of 3.24 persons per household. Assuming all of the employees would be new to the city and Temecula's average household size would be the size of the employee's family, Alternative 3 would increase the city's population by 669. This would represent an increase of 0.6 percent over the 2015 population and would not be considered a substantial increase in population, as the population increase is within the population capacity. Additionally, it is likely that most of the employees would be local due to the nature of the uses, so population growth would likely be much lower than this estimate. Nonetheless, because it reduces development, Alternative 3 would result in less population growth than the proposed Project. Impacts would be less than significant and therefore be similar to the proposed Project. Neither the proposed Project nor Alternative 3 would remove housing or displace persons, as there are no housing units on the Project Site. Demand for public services and utilities would be less under Alternative 3 because Alternative 3 would have less development potential than the proposed Project. However, Alternative 3, like the proposed Project, would result in less than significant impact to all of the public services and utilities. A-49 11086-0006\2005593v3. d oc Alternative 3 would result in 4,410 daily vehicle trips, which is 1,470 fewer trips than the proposed Project. It cannot be determined whether Alternative 3's traffic impact would result in significant impacts to the intersections and roadway segments that the proposed Project would impact without a full traffic impact study for Alternative 3. Nonetheless, based on the reduced trip counts, Alternative 3 would result in fewer traffic- and circulation -related impacts compared to the proposed Project. Alternative 3 will have many of the same impacts as the proposed Project. Overall, impacts would be reduced and Alternative 3 is the environmentally superior alternative. However, the reduced square footage will not allow Alternative 3 to achieve the benefits of the Project Objectives. Thus, the City Council finds that Alternative 3 is the environmentally superior alternative but would not fully achieve the benefits of the Project Objectives and does not avoid significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 3, and by itself, independent of any other reason, would justify rejection of Alternative 3. D. ALTERNATIVE 4 — NO HEALTH AND FITNESS CENTER OR SIT- DOWN RESTAURANT, WITH 175 ROOM HOTEL 1. Summary of Alternative Alternative 4 replaces the health and fitness center and sit-down restaurant located on Parcels 1 and 2 with a 175 -room, 122,578 -square -foot hotel. All other uses would be the same as the proposed Project. The hotel in Alternative 4, like the health and fitness center and the sit-down restaurant, is a permitted use in PDO -14. This alternative was chosen for analysis to determine if the alternative permitted use would have less impacts on the environment than a combination of health and fitness center and sit- down restaurant. The hotel use in Alternative 4 would be required to provide 408 parking spaces as compared to 165 parking spaces for the health and fitness center and restaurant in proposed Project's. All other uses in Alternative 4 would be the same as those in the proposed Project. This alternative would also require a General Plan Amendment and rezone to change the current General Plan land use designation and zoning district to a Planned Development Overlay District. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Alternative 4, as with the proposed Project, would require the development of the entire Project Site. The uses would be the same, except A-50 11086-0006\2005593v3. d oc that Alternative 4 would exchange the proposed Project's the health and fitness center and restaurant for a 175 -room hotel and additional required parking. As such, land clearing and grading would be the same for both projects. As a result, impacts would be the same and require the same mitigation measures for biological resources, cultural resources, and hydrology and water resources. Geological impacts and mitigation measures would also be the same because the Alternative 4's buildings would have same potential for seismic, landslide, liquefaction, and other geological impacts as the proposed Project. Therefore, Alternative 4 would have the same impact in these areas when compared to the proposed Project. Aesthetic impacts would be greater under Alternative 4. Alternative 4 would replace the 37,000 -square -foot health and fitness center and the 8,000 -square -foot restaurant with a 122,578 -square -foot hotel and required parking. As such, the size of the hotel and the associated parking lot would be much larger than the proposed Project's health and fitness center, sit-down restaurant, and required parking. In addition, Parcels 1 and 2 have a maximum building height of 75 feet, which is where Alternative 4's hotel would be located. As such, the hotel would result in a substantial change in the overall scale and bulk of the uses on Parcels 1 and 2. Impacts to aesthetics and visual resources would be greater under Alternative 4 than under the proposed Project. The proposed Project is environmentally superior to Alternative 4 with regard to aesthetics and visual resources. Alternative 4's hotel and required parking would not exceed any air quality threshold during construction, but the emissions would be slightly higher than the proposed Project's emissions in most categories. Operational air quality emissions for Alterative 4 at buildout would be greater than the proposed Project. However, these emissions would, like the proposed Project, not exceed air quality thresholds and would therefore be considered less than significant. Additionally, Alternative 4's impact related to exposure of sensitive land uses to stationary or mobile -source pollutant concentrations would be similar to the proposed Project because this impact is related to project location as well as to type of use. Because Alternative 4 would not exceed any air quality emission thresholds during construction or operations, impacts to air quality under this alternative are similar to those of the proposed Project. Greenhouse gas emissions would be greater under Alternative 4 because Alternative 4 is a larger development scenario. Approximately 80 percent of the proposed Project's GHG emissions are from mobile sources with no feasible mitigation available. This percentage would be similar under Alternative 4, so there would be no feasible mitigation to reduce this impact to a level that is less than significant. Thus, GHG emissions would be greater under Alternative 4 and would also result in a cumulatively considerable and significant and unavoidable impact. No hazardous material or spill sites were identified on any of the Project Site's parcels. Alternative 4 would have the same potential for the release of hazardous materials because of the gas station's fuel storage tanks. Thus, Alternative 4 and the proposed Project would have a similar impact to hazards and hazardous materials. A-51 11086-0006\2005593v3. d oc Alternative 4 would require the same changes to the General Plan land use designations and zoning as the proposed Project. As with the proposed Project, development of Alternative 4 would not result in the physical division of an established community or conflict with a habitat conservation planning. Impacts on land use would be the same as those anticipated under the proposed Project. Construction noise under Alternative 4 be construction, but the construction period would be longer because it is a larger development. Traffic noise during operations would be less than with the proposed Project because traffic from Alternative 4 would be less even it is greater in size than the proposed Project. Thus, Alternative 4 would have less of an impact on noise than the proposed Project because long-term operational noise would be less. Population growth is based on the estimated number of employees for the proposed Project, as compared to Alternative 4. The number of employees for Alternative 4 is estimated at about 235 persons. Temecula has a 2015 estimated population of 110,203 and an average household size of 3.24 persons per household. Assuming all employees would be new to the city and the average household size would be the size of the employee's family, Alternative 4 would increase the city's resident population by 761. This would represent an increase of 0.7 percent over the 2015 population and would not be considered a substantial increase in population. Like the proposed Project, most of the employees would be local because of the type of employment. As such, population growth would be even less than these estimates. Alternative 4 would result in less population growth than the proposed Project and would result in a less than significant impact and therefore be similar to the proposed Project. Neither the proposed Project nor Alternative 4 would remove housing or displace persons, as there are no housing units on the Project Site. Demand for public services and utilities would be greater under Alternative 4 than under the proposed Project because Alternative 4 would have more development potential than the proposed Project. However, Alternative 4, like the proposed Project, would result in less than significant impacts to all of the public services and utilities. Transportation and circulation impacts would be reduced under Alternative 4. Inclusion of the hotel instead of the fitness center and restaurant reduces daily vehicle trips by 400. Alternative 4 would generate approximately 8,413 gross daily vehicle trips and 5,480 net daily vehicle trips. The proposed Project's traffic generation is greater than Alternative 4's traffic generation. However, it cannot be determined whether this alternative's traffic impact would also result in significant impacts to those intersections and roadway segments that the proposed Project impacts without a full traffic study for the alternative. Nonetheless, Alternative 4 would result in fewer traffic- and circulation - related impacts compared to the proposed Project. Thus, the City Council finds that Alternative 4 would not fully meet the Project objectives; it is not the environmentally superior alternative; and does not avoid significant environmental impacts. A-52 11086-0006\2005593v3. d oc The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 4, and by itself, independent of any other reason, would justify rejection of Alternative 4. A-53 11086-0006\2005593v3. d oc CITY OF TEMECULA TEMECULA GATEWAY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM STATE CLEARINGHOUSE No. 2015061086 Lead Agency: CITY OF TEMECULA 41000 MAIN STREET TEMECULA, CA 92590 AUGUST 2016 MITIGATION MONITORING AND REPORTING PROGRAM 1. INTRODUCTION This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Temecula Gateway project. An MMRP is required for the proposed project because the EIR has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to "adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment." 2. MITIGATION MONITORING AND REPORTING PROGRAM As the lead agency, the City of Temecula will be responsible for monitoring compliance with all mitigation measures. Different City departments are responsible for various aspects of the project. The MMRP identifies the department with the responsibility for ensuring the measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. • Mitigation Measure: The mitigation measures are taken from the Environmental Impact Report (EIR), in the same order they appear in the EIR. • Timing: Identifies at which stage of the project the mitigation must be completed. • Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. • Verification (Date and Initials): Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 1 MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM MATRIX CITY OF TEMECULA TEMECULA GATEWAY PROJECT Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) 3.2 Air Quality MM 3.2.6 Air quality—sensitive land uses (as defined by the SCAQMD Prior to issuance of building permit City of Temecula and CARB) proposed within 500 feet of Interstate 15 (not for uses within 500 feet of I-15 Community including non -sensitive components, such as parking lots) Development shall be required to prepare a health risk assessment (HRA). Department Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC exposure from Interstate 15 to below 10 in one million for the maximally exposed individual. These measures may include, but are not limited to, implementation of air filtration/purification systems at the sensitive land use. Such air filtration/purification systems can be installed and maintained either on an individual unit -by -unit basis, with individual air intake and exhaust ducts ventilating portions of the new sensitive land use separately, or through a centralized building ventilation system, whichever is more appropriate. The ventilation system must be certified to achieve a performance effectiveness as determined in the HRA; for example, to remove at least 85 percent of ambient PM2,5 concentrations from indoor areas. Air intakes must be oriented away from emission sources areas, such as Interstate 15. Users may factor in the amount of time that receptors spend indoors versus out-of-doors to account for air filtration systems in modeling, provided that all assumptions are justified with scientific documentation. Temecula Gateway Project Mitigation Monitoring and Reporting Program 2 City of Temecula MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) 3.3 Biological Resources MM 3.3.1 MSHCP Fees. The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. Prior to the initiation of construction activities City of Temecula Community Development Department MM 3.3.2a Migratory Bird Surveys. If clearing and/or construction activities occur during the nesting season (January 15— August 31), preconstruction surveys for nesting raptors, special- status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250 -foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusion zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged. Prior to the initiation of construction activities City of Temecula Community Development Department MM 3.3.2b Per MSHCP Species -Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the project site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after Within 30 days prior to any vegetation removal or ground- disturbing activities City of Temecula Community Development Department City of Temecula 3 Temecula Gateway Project Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. 3.5 Cultural Resources MM 3.5.2a Prior to beginning project construction, the project applicant shall retain a City of Temecula -approved archaeologist to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation in consultation with the Pechanga Tribe. This mitigation measure shall be incorporated in all construction contract documentation. Prior to construction activities City of Temecula Community Development Department MM 3.5.2b The qualified archeologist or an archaeologist working under the direction of the qualified archeologist, along a representative designated by the Pechanga Tribe, shall conduct pre -construction cultural resources worker sensitivity training to inform construction personnel of the types of cultural resources that may be encountered, and to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery. The applicant shall ensure that construction personnel are made available for and shall attend the training and retain documentation demonstrating attendance. Prior to construction activities City of Temecula Community Development Department MM 3.5.2c At least 30 days prior to beginning project construction, the project At least 30 days prior to City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 4 City of Temecula MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) applicant shall contact the Pechanga Tribe to notify the tribe of grading, excavation, and the monitoring program, and to develop a Cultural Resources Treatment and Monitoring Agreement between the applicant/developer and the tribe. The agreement shall address the treatment of known cultural resources, the designation of responsibilities, and participation of professional Native American tribal monitors during grading, excavation, and ground -disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. commencement of construction activities Community Development Department MM 3.5.2d Prior to beginning project construction, the project archaeologist shall file a pre -grading report with the City of Temecula (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in mitigation measure MM 3.5.2c, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation, and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. Prior to commencement of construction activities City of Temecula Community Development Department MM 3.5.2e All cultural materials which are collected during the grading monitoring program and from any previous archaeological studies or excavations on the project site, with the exception of sacred items, burial goods, and human remains, which will be addressed In the Treatment Agreement required in mitigation measure MM 3.5.2c, shall be tribally curated according to the current professional repository standards. The collections and associated records shall be During construction activities City of Temecula Community Development Department City of Temecula 5 Temecula Gateway Project Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) transferred, including title, to the Pechanga Tribe's curation facility which meets the standards set forth in 35 CRF Part 79 for federal repositories. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM 3.5.2f If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the developer, the project archaeologist, and the tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to California Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the developer, the project archaeologist, and the tribe cannot agree on the significance of the mitigation for such resources, these issues will be presented to the Planning Director of the City of Temecula for decision. The Planning Director shall make the determination based on the previsions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or the City Council. During construction activities City of Temecula Community Development Department MM 3.5.3 If subsurface deposits believed to be of paleontological significance are discovered during construction, all work must halt within a 50- foot radius of the discovery. An on-site paleontological monitor meeting the Secretary of the Interior's Professional Qualification Standards for paleontology shall be retained by the project applicant and shall be afforded a reasonable amount of time to evaluate the significance of the find. Work cannot continue at the discovery site until the paleontologist conducts sufficient research and data collection to make a determination that the resource is either not a paleontological resource or not potentially significant. If a potentially eligible resource is encountered, the paleontologist, the City of Temecula and the project proponent shall arrange for either (1) total During ground -disturbing construction activities City of Temecula Community Development Department Temecula Gateway Project Mitigation Monitoring and Reporting Program 6 City of Temecula MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) avoidance of the resource, if possible, or (2) test excavations to evaluate eligibility and, if eligible, total data recovery as mitigation. The determination shall be formally documented in writing and submitted to the City as verification that the provisions in CEQA for managing unanticipated discoveries have been met. MM 3.5.4 If human remains are encountered, California Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 24 hours of receiving notification from the coroner. The most likely descendant shall then have 48 hours to make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. During ground -disturbing construction activities City of Temecula Community Development Department 3.8 Hydrology and Water Quality MM 3.8.1a The project developer shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Prior to and during construction City of Temecula Community Development Department MM 3.8.1b As a condition of approval, the project will be required to generate a project -specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Prior to and during construction City of Temecula Community Development Department City of Temecula 7 Temecula Gateway Project Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance, sandbags, vehicle fueling and maintenance in designated areas, and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. 3.10 Noise MM 3.10.1a Prior to the issuance of grading permits, the project applicant shall submit a construction -related noise control plan to the City for review and approval. The plan shall: • Depict the location of construction equipment staging areas. • Require that construction contractors equip construction equipment (fixed or mobile) with properly operating and maintained mufflers consistent with manufacturers' standards. • Require that the construction contractor place stationary construction equipment so that emitted noise is directed away from the noise -sensitive receptors nearest the project site. • Describe other noise control measures that will be implemented during project -related construction activities. Barriers such as plywood structures or flexible sound control curtains shall be erected around the project site to minimize the amount of noise on the surrounding offsite sensitive receptors to the maximum extent feasible during construction. The construction supervisor shall ensure compliance with the noise control plan, and the City shall conduct periodic inspection at its discretion. During construction activities City of Temecula Community Development Department MM 3.10.1b The construction supervisor shall provide written notification of planned activities to the City of Temecula and to each of the property owners located along Vallejo Avenue a minimum of 15 days prior to commencement of each phase of construction. During construction activities City of Temecula Community Development Department MM 3.10.1c The construction supervisor shall maintain a complaint log noting date, time, complainant's name, nature of the complaint, and any During construction activities City of Temecula Community Temecula Gateway Project Mitigation Monitoring and Reporting Program 8 City of Temecula MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) corrective action taken. A copy of the complaint log shall be provided to the City on a daily basis. The project manager shall publish and distribute to the potentially affected community, a phone number that is attended during active construction working hours for use by the disturbed public to register complaints. Development Department 3.13 Transportation and Circulation MM 3.13.1a La Paz Road/Ynez Road Intersection. The project applicant shall contribute fair share funding toward either a traffic signal or a roundabout (with one lane on all approaches) at the La Paz Road/Ynez Road intersection. Prior to construction City of Temecula Community Development Department and Public Works Department MM 3.13.1b I-15 Southbound and Northbound Ramps at Temecula Parkway. The I-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. Prior to construction City of Temecula Community Development Department and Public Works Department MM 3.13.3 The project applicant shall construct the following roadway improvements: Northbound (from Bedford Court) • One left turn lane and one shared through/right turn lane; and • Protected left turn phasing. Southbound (from Gateway Drive) • Two left turn lanes (limited to 110 feet in length due to location of on-site driveways); • One shared through/right turn lane; and • Protected left turn phasing. Eastbound (from Temecula Parkway) Prior to occupancy City of Temecula Community Development Department and Public Works Department City of Temecula 9 Temecula Gateway Project Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) • One left turn lane with minimum stacking length of 220 feet. MM 3.13.6 La Paz Road/Temecula Parkway. The project applicant shall contribute fair share funding to restripe the southbound La Paz Road approach from one left turn lane, one through lane, and one right turn lane to consist of dual left turn lanes, one through lane, and one right turn lane. Additionally, a "keep clear" zone shall be painted on the pavement at the intersection to avoid southbound queuing from blocking access to or from Vallejo Avenue and the planned park- and-ride facility located at the southeast corner of La Paz Road and Vallejo Avenue. Prior to construction City of Temecula Community Development Department and Public Works Department MM 3.13.8a La Paz Road/Temecula Parkway. The project applicant shall contribute fair share funding toward the construction of a dedicated westbound right turn lane with a minimum stacking length of 250 feet. Prior to construction City of Temecula Community Development Department and Public Works Department MM 3.13.8b Pechanga Parkway/Temecula Parkway. The project applicant shall contribute fair share funding to restripe the General Plan Circulation Element improvement on westbound Temecula Parkway to provide the following lane geometrics: • 3 westbound left turn lanes; and • 3 westbound through lanes. Prior to construction City of Temecula Community Development Department and Public Works Department MM 3.13.8c Jedediah Smith Road/Temecula Parkway. The project applicant shall contribute fair share funding toward the installation of a right turn overlap at the southbound approach of the intersection. Prior to construction City of Temecula Community Development Department and Public Works Department Temecula Gateway Project Mitigation Monitoring and Reporting Program 10 City of Temecula Exhibit C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Temecula Gateway Project (the "Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the Project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to Greenhouse Gases (GHGs), Noise, and Transportation/Circulation generated by the Project. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. B. The Project will provide high quality commercial development that will provide additional services to residents on the southern end of the City, commuters utilizing 1-15, and the soon to be completed Park -and -Ride located immediately across La Paz Road. C. Leaving the Project area with its current General Plan and Zoning designation of Professional Office (PO) would not be consistent with the goals of the recently adopted Uptown Temecula Specific Plan (UTSP). The UTSP is intended to 11086-0006\2007396v 1. doc allow higher density urban development so that it can become the City's financial and office district. The UTSP provides development standards that are well suited for office projects that can attract large high-quality employers, financial and wealth management institutions, as well as high-technology firms, among others. As such, the UTSP is intended to create a prominent employment cluster and financial district for the City of Temecula. Revising the General Plan and Zoning designation of the Project Site to Community Commercial (CC) will allow the Project area to be consistent with the overall commercial character of the Temecula Parkway corridor and will help further the goals of the Uptown Specific Plan by discouraging a large scale office project from being proposed for the Project location rather than within the UTSP area. The City Council finds that the foregoing benefits provided through approval of the Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. -2- 11086-0006\2007396v 1. doc RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2858) THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES AND RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the Final Environmental Impact Report ("EIR"), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-28 recommending that the City Council adopt Planning Application No. PA14-2858, A General Plan Amendment Application to Revise the General Plan Designation of Four Existing Parcels from Professional Office (PO) to Community Commercial (CC) (APN 922-170-014, 922-170-015, 922-170-013, and 922- 170-012). G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - certifying the EIR, adopting a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, and adopting findings pursuant to CEQA. Resolution No. 16- and the findings therein are hereby incorporated by this reference as set forth in full. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: General Plan Amendment A. The General Plan Amendment is in the public interest. The current General Plan designation for the proposed project area is Professional Office (PO). The proposed amendment would change this to Community Commercial (CC). The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional commercial service options that are consistent with the Temecula Parkway corridor, for citizens, as well as passby traffic on Interstate 15. B. The General Plan Amendment is compatible with the health, safety and welfare of the community. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendment is compatible with existing and surrounding uses. The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial land uses that can be utilized by the surrounding residential. D. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan amendments will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses" (Goal 1), and "a City of diversified development character, where rural and historical areas are protected and co -exist with newer urban development" (Goal 3). The project's land use mix will include commercial, retail and restaurant uses, intentional pedestrian -oriented design of pathways and sidewalks that will maximize the connectivity of the area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Amendment to General Plan Text. The City Council approves and amends the Land Use Element of the General Plan to revise the existing General Plan designation from Professional Office (PO) to Community Commercial (CC) and amends Figure LU -11 of the Land Use Element of the General Plan as shown on Exhibit A, "Proposed General Plan" attached hereto and incorporated herein as though set forth in full. Section 4. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this General Plan Amendment. Section 5. Consistency with General Plan. The Land Use Element of the General Plan, as amended by this Resolution, is consistent with the other elements of the General Plan, consistent with Government Code Section 65300.5. Insofar as other portions of the General Plan need to be revised to effectuate this General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this General Plan Amendment. Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Resolution is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Resolution. Section 7. Effective Date. This Resolution shall take effect upon its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Proposed General Plan Land Use Proposed Zoning VL ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-0167), AND AMENDING THE TEMECULA ZONING MAP THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to, a public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines (CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-29, an Ordinance of the City Council of the City of Temecula Amending Title 17 of the Temecula Zoning Code to revise the zoning designation from professional office (PO) to Planned Development Overlay 14 (PDO - 14) on a 8.79 acre site generally located on the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-014, 922-170-015, 922-170-013, and 922-170-012) (PAI4-0167), and Amending the Temecula Zoning Map. G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Zone Change hereby makes the following findings regarding the zone change: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 1 Policies LU -1.1, LU -1.3, and LU -1.6 of the General Plan Land Use Element. In addition to employing the City's planned development overlay zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goals and policies in that it: provides a mix of community -serving commercial uses; has been planned and evaluated for consistency with the General Plan and its implementing programs (e.g., the planned development overlay zoning district); prescribes a unified commercial center rather than a strip mall; and has been designed to minimize impacts on surrounding land uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 14. Additionally, mitigation measures are identified in the EIR to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 14 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Section 3. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code by adding a new Article XV, entitled "Gateway to Temecula Planned Development Overlay District 14" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Zoning Map Amendment. Based upon the findings contained in Section 2 of this Ordinance, the City Council hereby amends the Official Zoning Map of the City of Temecula to change the zoning classification for the property located on 8.79 acres generally located at the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-012, 013, 014, 015) from Professional Office to Planned Development Overlay (Temecula Gateway Planned Development Overlay -14). The amended Zoning Map is attached as Exhibit "B" to this Ordinance and is incorporated herein by this reference as though set forth in full. Section 5. Consistency with General Plan. On November 15, 2016, the City Council adopted Resolution No. 16-29, which amended the Land Use Element Map of the Temecula General Plan to change the zoning designations from Professional Office to Planned Development Overlay 14. Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula. Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 16- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 15th day of November, 2016, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of, , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Gateway to Temecula PDO -14 Prepared For: City of Temecula 41000 Main Street Temecula, California 92590 951.694.6444 Property Owner: Pacific Real Estate B & P Oil Services 886 Oak Valley Parkway Beaumont, CA 92223 951.849.5055 Prepared By: Matthew Fagan Consulting Services, Inc. 42011 Avenida Vista Ladera Temecula, CA 92591 951.265.5428 Matthew Fagan Angie Douvres In conjunction with: Walt Alien Architect MDMG, Inc. The Alhambra Group August 2016 Gateway to Temecula Table of Contents 17.22.270 TITLE 17.22.272 PURPOSE 17.22.274 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS 17.22.276 USE REGULATIONS 17.22.278 PDO -14 DESIGN STANDARDS 9 17.22.280 PROJECT SETTING 14 5 5 5 5 A. Setting and Location 14 B. Existing Site Conditions 14 C. Surrounding Land Uses and Development 14 17.22.282 ARCHITECTURAL AND SITE DESIGN GUIDELINES 15 A. Architectural Design Guidelines 15 1. Overall Project Theme 15 2. Massing and Scale 15 3. Articulation of Design 16 4. Materials and Placement 17 5. Materials and Colors 24 6. Roof Forms and Materials 24 7. Storefronts, Windows and Doors 25 8. Balconies and Handrails 25 9. Exterior Stairs 25 19. Columns 26 B. General Site Design Guidelines 27 1. Building Plotting Concepts 27 2. Streetscapes 28 3. Vehicular Circulation 28 4. Pedestrian Circulation 29 5. Lighting 30 6. Water Quality Management Plan (WQMP) 35 7. Additional Site Design Parameters 35 a. Acoustic Buffers 35 b. Drive-thrus/Screening 35 c. Trash Enclosures 39 d. Service, Loading, and Equipment Areas 39 e. Mechanical Equipment & Vents 40 Planned Development Overlay (PDO -14) 1 Gateway to Temecula Table of Contents, continued 17.22.284 LANDSCAPE DESIGN STANDARDS 42 A. Landscape Elements 42 B. Streetscapes 44 1. Temecula Parkway 44 2. Gateway Drive 44 3. La Paz Road 44 4. Vallejo Avenue 45 C. Walls, Fences and Emergency Gate 56 D. Common Space Elements 62 Planned Development Overlay (PDO -14) 2 Gateway to Temecula List of Figures Figure 1 Overall Site Plan/PDC Planning Areas Figure 2 Conceptual Grading Figure 3 Building Form Guidelines Figure 4a Materials, Finishes, and Details Figure 4b Materials Figure 4c Material Placement Figure 5 Contemporary Details Figure 6a Master Walkways and Pedestrian Linkages Pian Figure 6b Decorative Paver Example Figure 7 LED Canopy Light, LED Angled Reflector, LED Area Lights, and LED Wall Sconce 34 Figure 8 Drive-thrus 37 Figure 9 Drive-thru Screening 38 Figure 10 Trash Enclosures 41 Figure 11 Overall Landscape Plan 46 Figure 12 Plant Palette 47 Figure 13a Temecula Parkway Streetscape (West of Gateway Dive) 48 Figure 13b Temecula Parkway Streetscape (East of Gateway Drive) 49 Figure 14 Gateway Drive Streetscape/Project Entry 50 Figure 15a La Paz Road Streetscape and Corner Treatments at Temecula Parkway 51 Figure 15b La Paz Road Streetscape and Corner Treatments at Vallejo Avenue 52 Figure 16a Vallejo Avenue Streetscape Plan 53 Figure 16b Vallejo Avenue Streetscape Section 54 Figure 16c Vallejo Avenue Street View 55 12 13 19 20 21 22 23 32 33 Planned Development Overlay (PDO -14) 3 Gateway to Temecula List of Figures, continued Figure 17a Master Wall and Fence Plan Figure 17b Wall and Fence Elevations Figure 17c Vallejo Avenue Emergency Access Gate Figure 18a Outdoor Gathering Area Plans Figure 18b Outdoor Gathering Area Examples Figure 18c Outdoor Furniture Examples List of Tables Table 1 Schedule of Permitted Uses Table 2 Development Standards Gateway to Temecula PDO -14 59 60 61 63 64 65 7 10 Planned Development Overlay (PDO -14) 4 Gateway to Temecula 17.22.270 TITLE Section 17.22.270 through 17.22.284 shall be known as "PDO -14" (Gateway to Temecula Planned Development Overlay District). (Ord ) 17.22.272 PURPOSE The purpose of the Gateway to Temecula Planned Development Overlay District ("PDO - 14") is to permit creative mixtures of uses in smaller areas where a specific plan or the village center overlay is not appropriate. The planned development overlay zoning district is intended to provide a mechanism to allow for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. These requirements are intended to provide regulations for the development of a variety of local and tourist -serving commercial uses, as well as potential assisted living, in a comprehensive and cohesive manner. The Project will contain well developed development standards and design guidelines that will create an aesthetic entry statement on Temecula Parkway, and provide more than adequate buffers and screening to the existing, large -lot, single-family residential units on Vallejo Avenue, adjacent to the Project site. 17.22.274 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS A. The permitted uses for the Gateway to Temecula Planned Development Overlay District are described in Section 17.22.276. B. Except as modified by the provisions of Sections 17.22.278, 17.22.282, or 17.22.284, the following rules and regulations shall apply to all planning applications in this area: 1. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. (Ord. 07-03 § 3) 17.22.276 USE REGULATIONS The Gateway to Temecula Planned Development Overlay District (PDO -14) located north of Temecula Parkway at Bedford Court, northwesterly of La Paz Road, and southwesterly of Vallejo Avenue, is intended to provide for the development a variety of local and tourist -serving commercial development on approximately 8.82 acres. PDO -14 is designed with a common architectural, landscaping, monumentation and signage theme. PDO -14 will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods in terms of scale and will be integrated into the existing development fabric by means of architectural theming, as well as Planned Development Overlay (PDO -1 4) 5 Gateway to Temecula buffering and setback requirements that go beyond those permitted by the underlying zoning designation. Table 1, Schedule of Permitted Uses, depicts the permitted and conditionally permitted uses that are allowed in PDO -14. Permitted uses are shown as a "P," conditionally permitted uses are shown as a "C." This list shall apply to both PM and PA2 within PDO -14. Planned Development Overlay (PDO -14) 6 Gateway to Temecula Table 1 Schedule of Permitted Uses Description of Use A 1 PA1 & PA2 Aerobics/dance/•ymnastics/martial arts (<5,000sf) P j Antique sales P A are/ and accessory shops P Automobile service stations/car wash/convenience stores not including oil and lube or other repair shops) C Bakery retail P Banks/financial1 P _ Barber/beauty shops , P Bic cle sales, rental. services P Convenience market (with the sale of alcoholic beverages)1 P c Candy/confection P Clothing sales P _ Computer sales/service P Congregate care housing for the elderly2 P C Convenience market (with the sale of alcoholic beverages)1 D Da care centers Delicatessen Dru• store/•harmac Dr cleaners F P P P Financial/insurance/real estate offices Floor coverin • sales Florist P P Locksmith M P Medical equipment sales/rental 0 P Office equipment/supplies/services Offices, administrative, corporate headquarters and professional services including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate and insurance P Planned Development Overlay (PDO -14) 7 Gateway to Temecula Table 1 Schedule of Permitted Uses Description of Use 7 PA1 & PA2 P Parcel delivery services I P Personal service shops P Pet grooming/pet shop P Photography studio P Postal services P R _ C P Restaurant with drive-thru/fast food � Restaurants and other eating establishments (with or without the sale of beer and wine)' S S market P Sports Sports and recreation facility j P P Swimmingpool supplies/equipment sales T Tailor I P I -W Wine tasting shop with or without product sale for off-site consumption (Department of Alcoholic Beverage Control Type 02 only) Wine tasting shop with or without product sale for off-site consumption (Department of Alcoholic Beverage Control License Types other than T .e 02) C Notes: 1 Subject to the supplemental development standards contained in Chapter 17.10 of the City's Development Code. 2 Congregate care housing for the elderly shall use the residential performance and development standards for the high-density residential zone. Planned Development Overlay (PDO -14) 8 Gateway to Temecula 17.22.278 PDO -14 DESIGN STANDARDS PDO -14 has been divided into two (2) Planning Areas (PAs), as depicted on Figure 1, Overall Site Plan/PDO Planning Areas. These PAs have been established as a result of the existing and proposed topography on the site. Planning Area 1 (PA1) is approximately 4.5 acres in area, and will be located northwesterly of Gateway Drive. PAI will be above the grade of SR79lTemecula Parkway, yet will continue to get lower than the Vallejo Avenue grade as the parcel moves northwesterly. Planning Area 2 (PA2) is approximately 4.32 acres in area, and will be located southeasterly of the "4th leg" extension of Bedford Court. The northerly extension of Bedford Court will be a Project entry, rather than a public street, and will be referred to as "Gateway Drive" in PDO -14. PA2 will be relatively close in grade to the existing roadways; however, the northwesterly portion of PA2 will be below the grade of Vallejo Avenue. Reference Figure 2, Conceptual Grading. PA1 and PA2 of PDO -14 shall comply with the development standards set forth in Table 2, Development Standards Gateway to Temecula PDO -14. Planned Development Overlay (PDO -14) 9 Gateway to Temecula Table 2 Develo merit Standards Gatewa to Temecula PDO -14 Development Standards PDO -14 LOT AREA PAI West of Gateway Drive Minimum . ross area of site1 0.50 acres PA2 East of Gateway Drive 0.50 acres Maximum floor area ratio with intensity bonus as per Section 17.08.050 of the Citv's Develo• ment Code Front yard adjacent to a street: Arterial street Collector Local Interior Side Yard Rear ard Accessor structure—Side/rear setback Full service car wash to closest residential structure Minimum building separation: One story Two story Three stories or more Maximum sercent of lot covers • e 25' 25' 20' 20' 10' 10' 200' minimum 15' 20' 25' 15' 20" 25' 50% Notes: 1 Does not include condominium parcels. 2 All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A) of the City's Development Code. 3 The height shall not exceed the maximum height as measured from finished pad grade, or no greater than two (2) stories, as visible from Vallejo Avenue, whichever is greater. 4 Minimum required landscaped open area does not include necessary planting within the right-of-way. Planned Development Overlay (PDO -14) 10 Gateway to Temecula PDO -14 Parking _Requirements The following parking requirements shall apply to PDO -14: • 1 parking space/300 gross s.f.: All retail/commercial uses. Plus: o 1 parking space/75 s.f. (gross) for drive thru restaurant; and o 1 parking space/100 s.f. (gross) for full/quick service restaurants. Note: patios are not counted in the parking calculation. • Reciprocal access and parking shall be provided throughout PDO -14. A reciprocal access and parking agreement shall be approved by the City prior to the recordation of a final map. • Car wash: Tunnel parking required for maximum number of cars that can be in the tunnel at a time 5 spaces per car in tunnel. %2 of the spaces provided on drying side, and 1/2 spaces provided on entry side. In the event the use listed does not have a specific parking requirement, the Community Development Director shall have the authority to provide a consistency determination. Planned Development Overlay (PDO -14) 11 VALLEJO AVE. PDO -14 Gateway to Temecula 1 a Flanin Area `f o G—(4.32 ACS -� Planing Area One (4.68 AC) OVERALL SITE PLAN/PDO PLANNNG AREAS - FIGURE 1 Page 12 PDO -14 Gateway to Temecula CONCEPTUAL GRADING - FIGURE 2 Page 13 Gateway to Temecula 17.22.280 PROJECT SETTING A. Setting and Location PDO -14 is comprised of approximately 8.82 acres located north of Temecula Parkway at Bedford Court, northwesterly of La Paz Road, and southwesterly of Vallejo Avenue. B. Existing Site Conditions The site is currently vacant and undeveloped. The westerly portion of the PDO -14 site has been graded, and soil was removed from the site as part of a "borrow" operation to provide soil for the AD159 SR79 roadway improvement. The remainder of the site has been additionally disturbed by the development of adjacent roadways (La Paz Road and Vallejo Avenue). C. Surrounding Land Uses and Development PDO -14 is bordered by Very Low Density housing to the north and west, (with Hope Lutheran Church currently occupying the parcel to the immediate west of the Project Site), vacant Professional Office designation to the east (which is slated to be a park- and-ride facility -- source City of Temecula pp. 120-121 of CI P, FY 2014-2018), and both Highway Tourist Commercial and High Density Residential uses to the south. The PDO - 14 Project site is shown as the black bordered area in the aerial photo below. PDO Site and Surrounding Land Uses Planned Development Overlay (PDO -14) 14 Gateway to Temecula 17.22.282 ARCHITECTURAL AND SITE DESIGN GUIDELINES PDO -14 is located at one of the primary focal entry points to the City of Temecula, adjacent to the Interstate 15 (I-15) and Temecula Parkway intersection. Because PDO - 14 is located in such an important focal point to the City, careful consideration has been given to the architectural design guidelines. A. Architectural Design Guidelines 1. Overall Project Theme PDO -14 has a been designed with a Project theme of "Western Regional Ranch" with Eclectic Contemporary detailing and materials, as conceptualized in Figure 3, Building Form Guidelines, Figure 4a, Materials, Finishes, and Details, Figure 4b, Materials, Figure 4c, Material Placement, and Figure 5, Contemporary Details. Western Ranch architecture consisted of simple form buildings comb ted with lively storefronts, arcade, or gallery frontages. Common facade materials [ncl ude vertical & horizontal siding, board and bat siding, heavy timber trellis, stucco, rusted steel, and metal roofing. The following are details that apply to the Project theme of "Western Regional Ranch" with Eclectic Contemporary detailing and materials. Additional details are also included in Section A.1 through A.8. When all of these architectural guidelines are utilized together, the "Gateway" essence of PDO -14 will be attained. Western Regio ria l Ranch 2. Massing and Scale (Refer to Figure 3, Building Form Guidelines for Building Form and Articulation Guidelines). Building massing and scale should be sensitive to the existing built environment and shall be designed in a manner that compliments the existing development and the development within PDO -14. Structures within PA1 may be larger in scale and mass than those in PA2. Buildings within PA1 may be up to 75' in height (as measured from finished pad elevation, or no greater than two -stories, as viewed from Vallejo Avenue, whichever is greater) and their mass should not impede views from the existing homes located on Vallejo Avenue. internal to the Project, buildings shall be sited in such a manner as to not impede, or seem to dominate, the adjacent buildings. Building forms shall be consistent with the guidelines established in Figure 3, Building Form Guidelines. Building designs shall utilize a basic building form. The basic building form shall be articulated by adding an additional form and a contemporary canopy. Buildings over 4,001 square feet shall assemble multiple basic building forms along with the required articulation and canopy structures. Planned Development Overlay (PDO -14) 15 Gateway to Temecula For buildings over 2 stories in height, the design shall employ the following additional measures, with the goal of reducing the overall massing, and perceived building size: • Varied massing above the 2nd floor (building offset from the primary vertical plane no less than 5' for a majority of the frontage). • Varied gabled roof forms & parapets to create articulated overall massing. • Additional architectural treatments shall include: o Additional material treatments. o Color variation. o Decorative gable vents. o Spandrel windows. o Specially shaped barge board and/or outriggers. o Additional architectural canopy treatments at parapets (see figure 5). o Enhanced decorative wall treatments (varied materials/colors for each basic building form). • Deep eaves & rakes (3' minimum overhang). • Window openings shall be varied and spaced such that an overall repetitive appearance is avoided. 3. Articulation of Design (Refer to Figure 3, Building Form Guidelines for Building Form and Articulation Guidelines). • The building design shall incorporate 360° architecture. • Architectural elements that add interest and character to the prescribed architectural styles, such as recessed windows and shade canopies, shall be provided. • High quality materials shall be used to create a look of permanence and a rustic nature within PDO -14. Variations in color and material consistent with the standards established in Figures 4a, Materials, Finishes, and Details, Figure 4b, Materials, and Figure 4c, Material Placement shall be utilized in order to create interest and reduce a monotonous appearance. • Fixtures and finishes will be selected for their contribution to the overall theme of the development. The building design shall incorporate 360° architecture, as depicted on Figure 3, Building Form Guidelines through Figure 5, contemporary Details. 360° architecture means the appropriate articulation of all building facades, including variation in massing, roof forms, and wall planes, as well as surface articulation to create shadow patterns and massing shapes that contribute to a building's character. It is expected that the highest level of articulation will occur on the front facade and facades visible from streets; however, similar and complementary massing, materials, and details are encouraged to be incorporated into the other building elevations. The use of elements such as overhangs, trellises, and awnings will be used to lend character to the building. High quality materials shall be used to create a look of permanence within PDO -14. Variations in color and material will be used in order to create interest and reduce a monotonous appearance. Planned Development overlay (PDO -14) 16 Gateway to Temecula 4. Materials & Placement (Refer to Figures 4a, Materials, Finishes, and Details, Figure 4b, Materials, and Figure 4c, Material Placement for Material Guidelines for Quality of Finish and Placement). The materials cited throughout this PDO are intended to function as guidelines. At the time of construction, a product of equal or superior quality may also be permitted based on materials available to the developer, provided they meet the original intent and as approved by the Planning Department. Exterior Wall Ma teria is Exterior Wall materials shall have a rustic appearance. • Smooth finished stucco. Heavily textured stucco walls are not recommended unless it is used to recreate a cast in place concrete appearance (material samples shall be provided to the planning department prior to approval). • Board and batten wood siding. • Vertical wood siding. • Horizontal wood siding. • Native grey granite stone veneer, rock face finish. • Board formed cast in place concrete (heavily rusticated). Cementitious materials are permitted. Material finishes shall have a rustic appearance. Roofs Roofs shall have a rustic appearance. • Flashing, vents, pipes, and sheet metal are recommended to be located out of view of the public street, and colored to match the adjoining roof or wall material. • Roofs may be flat or sloped. Western false front parapet walls are permitted but require special materials & glazing placement. The visible portion of sloped roofs should be sheathed with a roofing material having texture meaningful at the pedestrian scale, such as standing seam metal roofing. • Roof form should be consistent and integrated into the building composition. • The roof should be designed to screen rooftop equipment from public view. • Roofs or parapet walls should wrap around the entire building. Parapet Walls • Parapet walls are an integral component of ranch architecture. In addition to providing visual screening of roof top equipment, they provide opportunity to establish an architectural character and display of signs. The integration of parapet walls into building design is permitted when employing the flat roof basic building form. Parapets shall conform to the following guidelines: o Parapet walls shall completely screen the roof behind and all roof -mounted equipment. o They shall be finished on any side visible from the street with materials compatible with those predominantly used on the building. Planned Development overlay (PDO -14) 17 Gateway to Temecula o Parapet walls visible from rear or side yards shall be finished as above. However, they may utilize exterior plaster in lieu of wood siding. Design Elements • Gabled roof with either low or steep pitch. • Tall first floor ceiling. • Symmetrical placement of windows and doors, entrances with side and transom, lights, and porches. • Large eave and gable overhangs. • Simple building massing with required articulation as required in Figure 3, Building Form Guidelines. Fcloctjp cpotempprary Elements • Shade structures. • Patio covers. • Decorative paving. • Glazing and door systems. • Roof screens. • Sign stanchions. • Stair screens. • Projecting window assemblies. Materials • Corten Steel (or equivalent) fascia. • Corten Steel (or equivalent) columns (pipe & square profile). Planned Development Overlay (PDO -14) 18 1. basic forms single low gable 1110 IPS single steep gable flat roof parapet 2a. form articulation 4,000 sf or less gabled forms crossiable fiat roof forms gable with teart-to PDO -14 Gateway to Temecula gable 'No Tla«oof flai loot wi gable 2b. large articulated 4,001 sf or greater slat root w curved (aciade guidelines 4,000 sf or less 1. Choose a basic form. 2. Articulate the basic form. 4,001 sf or greater 1. Choose multiple basic forms. 2. Articulate the basic forms. Alf Forms a Allocate approved materials on building forms (refer to Fig. 4a and 4b) 4. Choose contemporary canopy structure (refer to Fig. 5 for canopy choices) BUILDING FORM GUIDELINES - FIGURE 3 Page 19 Building Form Concepts PDO -14 Gateway to Temecula Budding Form Details Varried Materials and Articulation Eluilding Materials SMOOTH SlitiCCO SLURRY COAT iISLUMPSTONE • CAST IN PLACE CONCRETE STUCCO FINISH Glass Block Contemporary Canopy Structure Articulated Openings Stair Screen Wood Casement Windows Heavy Timber Trellis, Exposed Gusset and Bolts, Oversized Free Standing Planters Green Wall Screen Corten Steel to EgLivalent» Standing Seam Metal Bat and Board Siding Horizontal Siding Roof MATERIALS, FINISHES, and DETAILS - FIGURE 4a Page 20 basic forms (all sizes) single low gable single steep gable permitted overall finish fall materials shall appear rustic in nature) vertical board • cementitious material min 6" board exposure max. 12" board exposure • exposed Face rough sawn. reclaimed wood. medium to dark tone horizontal siding board & batt smooth stucco • cementitious material, • smooth finish batt exposure min 3.5° max 5.5" board exposure: min 6' max 12" vertical board flat roof w! parapet • cementitious metertai, min 6° board exposure max. 12" board exposure • exposed taco rough sawn, reclaimed wood, medium to dark tone e crerenhikk'atOrial, min. 6'` board exposure max. 12" board exposure a exposed face rough sawn, reclaimed wood, medium to dark tone board & batt PDO -14 Gateway to Temecula heavily rusticated stucco • heavy texture, to imply board Formed cast in place concrete cierriertl+trairs matenai, batt exposure: min 3.5" max 5 5" board exposure: min 6" max 12' smooth stucco s smooth finish typical visible roofing rock face granite • native granite, extruded or raked point running bond, common bond, or stretcher bond • native granite extruded or raked joint running bond, common bond, or stretcher band MATERIALS - FIGURE 4b Page 21 Material 1: Vertical Board Material 2: Horizontal Siding Material 3: Board & Batt Material 4: Smooth Stucco A Example 1 primary material secondary material Example 2 ,F` PDO -14 Gateway to Temecula Guidelines: 1. A single material shall cover the majority of the proposed basic building form. 2. Articulated form (cross gable, gable with lean-to, gable -with flat roof) shall be of contrasting material to basic building form material. 3. Additional materials and finishes shall be limited to stone wainscoting (2' max), steel canopy or screen structures, and window, door and save trim or sign envelopes. These additional materials must be from the approved pallette. 4. When combining basic building forms each individual form shall have a distinct overall material. Repeating adjacent materials should be discouraged (see example 2). Material 5: Rock Face Granite Material 2 Material 1 Material 1 or 3 Material 2 or 4 w/ wainscoat (Material 5) Material 1 or 3 MATERIAL PLACEMENT - FIGURE 4c Page 22 PDO -14 Gateway to Temecula solid roof structure, Carlen steel fascia ;'1c vy }Irnher treHIs, exposed, gusset ant bolts, o ersrzed tree standing planters open timber roof structure, corten steel fascia, corten pipe columns torten steep canopy scf een material open corten steel structure, with square columns and fabric shade inserts Guidelines: 1. Select canopy structure 2. Apply to building form CONTEMPORARY DETAILS - FIGURE 5 Page 23 Gateway to Temecula 5. Materials and Colors A palette of materials and colors will provide character and identity for PDO -14. The following Guidelines shall be implemented: • Primary building colors shall use a combination of earth tones and light colors; bright colors shall be used sparingly. ▪ Varied shades of colors shall be utilized to break up facades and should ideally feature darker -toned colors and materials at the base. • Accent colors and materials are acceptable if they are a complementary contrast with the surroundings and are used for creating interest. • Traditional materials, including stone, brick, concrete, precast concrete, metal, colored or split face block, and stucco, shall be used creatively to provide a sense of permanence. • The use of natural materials and textures as architectural accents is strongly encouraged. • High-quality and visually complementary manufactured materials also can be used for practical purposes (aesthetics, durability) and shall be of integral color of that specific material. • The following materials are strongly encouraged: o Vertical board and batten wood siding. o Vertical board wood siding. o Horizontal wood siding with horizontal "V" joint, horizontal channel joint shiplap. o Standing Seam Metal Roofing. o Stone. o Stucco. 6. Roof Forms and Materials The following Guidelines shall be implemented within PDO -14, as they pertain to roof forms and materials, and as depicted on Figure 3, Building Form Guidelines through Figure 5, Contemporary Details: • Rooflines shall be articulated with shorter elements to reduce building mass. • Occasional sloped roof forms shall be introduced over special areas and special functions to create visual interest. • Designs should create interesting building masses by varying rooflines and by maximizing offsets to roof planes where possible. • Combining single -story elements with two-story elements is encouraged. • Flat roofs with parapet walls are acceptable but should also be used in combination with simple pitched gable, hip or shed roof forms. • Roofs or parapet walls should wrap around the portions of buildings that are visible from the public view. All roofing materials must meet appropriate standards. • Parapet walls shall utilize ornamental trim at the top, or utilize a heavily ornamented cornice. • Mechanical equipment on roofs shall be screened from view of highway, roadways with materials consistent with those of the building. The use of parapet walls is strongly encouraged. Planned Development Overlay (PDO -14) 24 Gateway to Temecula 7. Storefronts, Windows and Doors The storefront on the ground floor is a key element in creating a successful pedestrian environment. The following Guidelines shall be implemented within PDO -14 as they pertain to storefronts, windows and doors, and are depicted on Figure 3, Building Form Guidelines through Figure 5, Contemporary Details: • Wooden sash windows with decorative transom are recommended. * Storefront windows typically project out from wall surface and are multi -lite. • Window shutters are optional. * The glazed area of the storefront should be between 70% and 80% of the ground floor facade. • The patterns of openings should correspond with the overall rhythm of the building and be in line with arcade and trellis openings. • Consideration should be taken to relate interior building design to pedestrian spaces through generous use of glazing in doors and windows. • Front doors and entrances to buildings shall be clearly defined and articulated by awnings, overhangs, and canopies and shall be easily recognizable from pedestrian and vehicular vantage points. • Other enhancements that are encouraged include: articulated windows and doorways, decorative treatments, accent trim or tile at doorways, banded windows to emphasize the horizontal, glazing which follows roof pitch, canvas awnings with complementary accent colors, and wrought iron accents. • Silver or dark bronze window or door frames, reflective glass, and metal awnings are all discouraged. 8. Balconies and Handrails The incorporation of balconies and porches as part of the architectural style shall be provided for both practical and aesthetic value. The following Guidelines shall be implemented within the PDO -14, as they pertain to balconies and handrails: • They shall be used to integrate indoor and outdoor spaces, as well as break up large wall masses, and offset floor setbacks. • Elements which will be allowed include, but not be limited to: covered porches and balconies, smooth stucco or wood, simple, clean, bold projections, wood trimmed details, veranda style balconies with open railings, and wrought iron railings. • Pipe railing is allowed, as long as it is demonstrated that it is consistent with the architectural style. 9. Exterior Stairs Simple, clean, bold projections of stairways are encouraged to complement the architectural massing and form of the buildings. The following Guidelines shall be implemented within PDO -14, as they pertain to exterior stairs: * Handrails shall be constructed of solid stucco walls, wrought iron, or decorative wood railing. Planned Development Overlay (PDO -14) 25 Gateway to Temecula • The use of clay tile or brick as tread, use of accent tile on riser, balustrades, and pilasters is encouraged. • Exposed, untreated metal railings and stairs are not permitted, unless it is demonstrated that it is consistent with the architectural style. • Visual screening of stairs when exterior to the building is encouraged. 10. Columns The following Guidelines shall be implemented within PDO -14, as they pertain to columns: • Columns incorporated as a structural or aesthetic design element shall convey a solid, durable image as expressed through bold forms. ▪ Columns may be used as a freestanding form or as a support for pedestrian links. • Columns should be made of materials such as simple square posts. Columns are typically 6" x 6" lumber, tube steel, or stucco, which are decoratively shaped to depict a base, shaft and capital. • Decorative braced columns are recommended. • Exposed pipe columns and thin posts, such as metal pipe columns may be used if it is demonstrated that it is consistent with the architectural style. Planned Development Overlay (PDO -14) 26 Gateway to Temecula B. General Site Design Guidelines These general site design guidelines are not intended to restrict taste or preference, but are designed to foster harmony of development. Various site design elements elements/concepts shall be considered to create a high quality commercial development. in order to encourage a higher level of design direction and quality, the site design elements have been included in PDO -14 and are discussed in greater detail below: • Building Plotting Concepts. • Streetscapes. • Vehicular Circulation. • Pedestrian Circulation. • Lighting. • WQMP. Reference Figure 1, Overall Site Plan/PDO Planning Areas, as well as the Figures in the Section 17.22.284 (Landscape Design Standards) of PDO -14. 1. Building Plotting Concepts Commercial buildings should generally be oriented to take best advantage of visibility along Temecula Parkway and to provide additional separation and buffering opportunities to the adjacent, existing large -lot residential development on Vallejo Avenue. At a minimum, commercial buildings located within PDO -14 shall address a street or main drive lane, a required pedestrian path, a vertical landmark element, a small plaza or other focal point. Commercial buildings will be designed to locate high activity uses, such as restaurants and entertainment facilities, adjacent to pedestrian ways. Commercial buildings shall be oriented toward activity centers, shopping and entertainment areas, and gathering spaces. Non-commercial, or semi -residential uses shall be oriented in a "campus" type setting, yet should also relate to the overall project in terms of design theme, massing, scale, vehicular circulation and pedestrian circulation. Reference Figure 1, Overall Site Plan/PDO Planning Areas. Building masses should be articulated to avoid long straight building facades and create enclosed patios and pedestrian spaces where possible. Examples of ways to articulate commercial retail stores are: • Buildings should be designed to create smooth transitions in scale through the use of low and mid -rise building forms or through the use of terraced elevations. • Arcades and trellises can be used to connect buildings and enclose patios. • Vertical mass at residential edges should be minimized. The plotting of buildings shall take into account shade elements and maximize shade created by surrounding buildings. Planned Development Overlay (PDO -14) 27 Gateway to Temecula 2. Streetscapes PDO -14 shall be designed to allow adequate separation between parking and storefronts to allow for comfortable pedestrian spaces. The following concepts shall be incorporated for commercial buildings: • The front facade, along the face of the building, should be varied to provide visual interest. • Awnings shall be encouraged to promote interest and a human scale. • Loading zones shall be site planned to avoid exposure to adjacent streets, highways and residential uses. • Incorporating walls and fences can also be used to help screen areas. • Trash enclosures shall be planned in such a manner to minimize the exposure of such elements to sensitive adjacent uses. • Parking areas shall be planned in such a manner to allow for landscaping or low, decorative walls or a combination thereof. Where possible, buildings should be designed to separate service and delivery circulation from parking areas. 3. Vehicular Circulation Gateway Drive is the Project vehicular entry to PDO -14. Focal elements, which provide a sense of arrival, are incorporated into the design of the Project entry. These elements include, but are not limited to: enhanced landscaping, monumentation, and textured paving. Incorporation of these elements will ensure a sense of vehicular arrival to PDO -14. These elements are discussed in greater detail in Section 17.22.284 of this PDO. A gated access for emergency access only will be located on Vallejo Avenue. This access will be a minimum of 30' in width. Public image features, i.e. water fountains (only allowed with reclaimed or recycled water), or sculptural art, or dramatic landscape elements, i.e. tree masses, will be located at key focal points and will serve to enrich the gateway nature of PDO -14. • When planning the interior vehicular circulation and parking, a hierarchy should be developed to help with traffic flow; however, the top priority must be given to the pedestrian in the ultimate design. The needs of the pedestrian are further elaborated upon below. • Adequate areas for maneuvering, loading, and emergency vehicle access shall be accommodated on site. • Screening shall be provided for both aesthetic and functional (i.e., noise, odors) purposes. Landscaping shall be incorporated to soften the impact of paved areas. This will be accomplished through the use of elements such as, but not limited to: shading, accents and other green elements. This will be further detailed in the Landscape Design Standards Section of PDO -14. • Parking aisles shall be oriented perpendicular to complexes to allow for easy pedestrian walkways to access shopping. • Large parking lot areas should be divided into a series of smaller connected lots separated by additional landscaping. Planned Development Overlay (PDO -1 4) 28 Gateway to Temecula • Low freestanding walls incorporating simple, tasteful signage with pilasters, balustrades, finials and other embellishments are desirable around and within the parking areas to provide an aesthetic and screening purpose. • All driveway dimensions, with the exception of those adjacent to any mid -rise structures, shall be a minimum of 24' wide. Dimensions for driveways adjacent to mid -rise structures shall comply with Building Code requirements. Bike lanes, if required, are to be installed with any necessary street improvements at the time of construction. They shall conform to the City's Multi -Use Trails and Bikeways Master Plan. Hoop style bicycle racks will be provided on-site. Colors shall be brown or dark bronze to compliment the architectural style and racks are to be connected, as shown below. 4. Pedestrian Circulation A strong pedestrian circulation system, interconnected by walkways and sidewalks, hardscape, and landscape shall be provided in PDO -14. Parking shall not dominate the experience along any designated pedestrian path and off-street parking should be traversed by landscaped areas. Reference Figure 6a, Master Walkways and Pedestrian Linkages Plan. • Pedestrian access to and from PDO -14 is provided by sidewalks located along Temecula Parkway and La Paz Road. The sidewalk along Temecula Parkway, between the Project Entry and La Paz Road shall be curb adjacent and installed by the developer. • The sidewalk along Temecula Parkway between Gateway Drive and 1-15 is an existing, curb adjacent sidewalk. • An eight -foot (8') wide decomposed granite (D.G.) trail is proposed along Vallejo Avenue and will connect to a sidewalk on La Paz Road. The sidewalk along La Paz Road, as well as a crosswalk at the La Paz Road and Temecula Parkway intersection, will connect off-site sidewalks to an enhanced Project pedestrian entry at the corner of La Paz Road and Temecula Parkway. Planned Development Overlay (PDO -14) 29 Gateway to Temecula • Pedestrian access shall be provided from potential transit stops. ▪ Pedestrian crossing distances at driveways shall be minimized. • Additionally, walkways shall meet the following minimum standards: • Whenever possible, walkways should follow an alignment that connects building entries and should be at least 6' wide. • Whenever connecting walkways pass through parking Tots, these walkways should be at least 5' wide (excluding car overhangs) with trees planted at least every 36'. Walkways/pedestrian crossings should consist of special pavers or scored concrete with modules that generally should not exceed 3' in width, but may be allowed if included in final landscape design plans. Reference Figure 6b, Decorative Paver Example. 5. Lighting Exterior lighting can provide safe and effective evening character illumination for the pedestrian and vehicular areas of roads, sidewalks, and walkways through PDO -14. Design should reflect the concept and character of the community through illumination level, light fixture type, finish color and location. There can be streetlights for roads and sidewalks, pedestrian lighting for walkways, building illumination and accent lighting on special architectural and landscape features. alle Y nu ac Special attention shall be paid to the interface of PDO -14 and the existing, large -lot residences on Vallejo Avenue. A variety of lighting methods shall be employed in order to retain the existing nighttime views of these residents. This can be accomplished through the following methods: • Prohibit streetlights on Vallejo Avenue. • At a maximum, use low-level bollards to illuminate the D.O. trail on Vallejo Avenue. • Use low level bollards on-site for portions of the Project site that are adjacent to Vallejo Avenue. • Fully shield all lights that are taller than bollards. Gas Station Fueling Canopy Another area that will need special attention would be the canopy that covers the gasoline fueling stations. In addition to the on-site lighting requirements listed below, all lighting shall comply with the following: • All lighting shall be fully recessed. • All lighting shall be contained within the footprint of the canopy. On-site lighting shall comply with the following: • The level of on-site lighting shall comply with any and all applicable requirements of the City of Temecula and the Mount Palomar Lighting Ordinance. ▪ All exterior lighting fixtures shall be consistent with the architectural style for the building that it serves. Planned Development Overlay (PDO -1 4) 30 Gateway to Temecula • Lighting shall be low-voltage/high-efficiency whenever possible. • Streetlights shall be focused downward to ensure pedestrian safety and way finding. • Footpath lights are acceptable as a means to illuminate a secondary path. • Inset stairway and stair step lights are encouraged to ensure pedestrian safety and way -finding. • Building mounted lighting fixtures are encouraged to be selected and located to cast downward and be shielded to minimize glare. • Accent lighting shall emphasize special features such as fountains (only allowed with reclaimed or recycled water), sculptures, wall niches, signs, planters or accent trees for decorative effects. • Accent lighting shall be inconspicuous and durable. • Small scale accent lights such as LED based fixtures can serve for way -finding or be used themselves as special design elements. • Flashing, neon, moving, high-intensity or exposed light source type luminaries are not permitted. Refer to Figure 7, LED Canopy Light, LED Angled Reflector, LED Area Lights, and LED Wall Sconce. Planned Development Overlay (PDO -14) 31 1 8' WideJd PDO -14 Gateway to Temecula 11, II IIII II II rl 1I1 11 N air 0 0 7.1 Accessible Concrete Walks D.G. Trail Existing City Sidewalk Walkway Legend MASTER WALKWAYS and PEDESTRIAN LINKAGES PLAN - FIGURE 6a Page 32 PDO -14 Gateway to Temecuia "ritlik Mb 11 Belgard - ECO DUBLIN, smooth, mechanical pattern, color: foundry (or equivalent) DECORATIVE PAVER EXAMPLE - FIGURE fib Page 33 CANOPY LIGHT AREA LIGHT PDO -14 Gateway to Temecula ANGLED REFLECTOR WALL SCONCE LED CANOPY LIGHT, LED ANGLED REFLECTOR, LED AREA LIGHTS, and LED WALL SCONCE - FIGURE 7 Page 34 Gateway to Temecula 6. Water Quality Management Plan (WQMP) Ultimate design of PDO -14 will require compliance with City and State water quality requirements. Each implementing Project (i.e., Development Plan, Subdivision Map, or Conditional Use Permit) will require the preparation of a Water Quality Management Plan (WQMP). While it is known that a WQMP will be required, the exact nature and location of the WQMP components are not identified at this time. The following is a list of Best Management Practices (BMPs) that may be required for the subsequent development within PDO -14: • Filtration BMP. • Harvest & Use. • Self -Treated Areas. • Bio Retention Planters. • Porous Pavers. 7. Additional Site Design Parameters The following are additional site design considerations that will be required within PDO - 14: a. Acoustical Buffers Acoustical buffers will be required for any gas station use and any associated car wash facility. In order to reduce any noise impacts from these uses, to the adjacent residences on Vallejo Avenue, the following design features shall be required: • The gas pump canopy shall be located as far away from the Vallejo Avenue frontage as possible. • The convenience store of the gas station shall be located between the canopy and the Vallejo Avenue frontage. • All blowers associated with drying vehicles and vacuums used for cleaning interiors of vehicles shall be oriented away from Vallejo Avenue. • All blowers shall be internalized to the greatest extent possible. • Up to a 6' high block wall may be installed in the areas where the blowers and vacuums emit noise. • All noise emanating from the blowers and vacuums shall be lower than the City's threshold for noise. b. Drive-thru(s)/Screening Noise and light impacts from drive-thru operations within PDO -14 will be addressed through design and strategic siting of the noise and light generating activities. The following design features, as depicted on Figure 8, Drive-thrus, and Figure 9, Drive-thru Screening, shall be required: • All drive-thru lanes shall be oriented away from the Vallejo Avenue frontage. • All ordering boxes, speakers and drive lane lighting shall be away from the Vallejo Avenue frontage. Planned Development Overlay (PDO -14) 35 Gateway to Temecula • A maximum 4' high screen wall shall be required to prevent vehicle lights from impacting on -coming traffic on Temecula Parkway as well as to provide a screen wall are the pick-up window. Wall heights, lower than 4', may be permitted, provided they screen headlights, and final wall heights are supported by the Project's noise analysis. • Landscape screening shall be provided, in addition to the screen wall, in order to soften the effects of the wall and provide additional mitigation for noise and lighting impacts. • A pick up window canopy structure shall be provided. Canopies must be architecturally integrated and shall utilize similar materials as the other shade structures on site. Planned Development Overlay (PDO -14) 36 RE Vr. ti CAW, WALK CROSSWALK DETAIL MENU BOARD PLAN PDO -14 Gateway to Temecula PICK-UP WINDOW PLAN PICK UP WINDOW CANOPY STRUCTURE PICK UP WINDOW SCREEN WALL 4 PICK-UP WINDOW SCREEN WALL 7PICK UP caNPOPv -- STRUCTURE 4' DRIVE THU SCREEN WALL DRIVE-THRUS - FIGURE 8 Page 37 2' Radius at cap and comes — Wall Wall BurQrng .- . Building Nake TEMECULA PARKWAY Basin — Concrete Walk 4' TALL SCREEN WALL, MENU BOARD BEYOND Stucco Joints 10' spacing (metal regi et) PDO -14 Gateway to Temecula 4, 4o(5' Refer to Plan PICK UP WINDOW CANOPY STRUCTURE BEYOND SCREEN TREES Santh Barbara Stucco F n ash, smooth with hump and bump texture Color: Fintridge by Expo 4' PICKUP WIN DOW SCREEN WALL DRIVE-THRU SCREENING - FIGURE 9 Page 38 Gateway to Temecula c. Trash Enclosures The following design features, as depicted on Figure 10, Trash Enclosures, shall be required: • Trash enclosures should be separated from adjacent parking stalls with a minimum of 5' wide (interior clear dimension) planter and a 12" wide paved surface behind the curb to ensure adequate space is available for individuals to access a vehicle. • Trash/recycling containers should be large enough, placed frequently throughout the site, and collected frequently enough to handle the refuse generated by the Project. • Trash enclosures should be designed with similar finishes, materials, and details as listed in Section 17.22.282.A.2 and 17.22.282.A.4 (stone, brick, concrete, precast concrete, metal, colored or split face block, and stucco), and shall be screened with landscaping. • Chain link fencing and gates with wood slats are not allowed. • Enclosures should be unobtrusive and conveniently located for trash disposal by tenants and for collection service vehicles. • Where feasible, a pedestrian entrance to the trash enclosure should be provided so that large access doors do not have to be opened. • Enclosures should not be visible from primary entry drives. • Enclosures shall have a concrete apron onto which trash/recycling containers will be rolled for collection. • Enclosures shall be surrounded by planting areas on three sides with a vine along each wall, and shall have solid roof covers. • All trash enclosures shall comply with the City of Temecula requirements. d. Service, Loading, and Equipment Areas The following Guidelines shall be implemented within PDO -14 as they pertain to service, loading and equipment areas in order to ensure that these functional site items are integrated with a sense and respect of the surrounding aesthetic: 1. Storage for supplies, merchandise, and similar materials shall be prohibited on the roofs of any buildings. 2. Merchandise, material, and equipment are not permitted to be stored to a height greater than any adjacent wall, fence, or building. 3. Service, loading, and storage areas shall be separated from pedestrian and private automobile circulation. 4. Service areas, loading docks, and equipment areas shall be screened from views either by locating these uses within a building or by screening them with landscaping, walls, fences, or other architectural treatments. 5. Any outdoor display ancillary to the business being conducted within the building, may be permitted without a temporary use permit, provided that the display complies with the regulations contained within Section 17.10.020 K. of the Supplemental Development Standards of the City's Development Code. Planned Development Overlay (PDO -14) 39 Gateway to Temecula e. Mechanical Equipment & Vents • On-site mechanical equipment visible from buildings or public streets shall be screened. • Wall mounted mechanical equipment that protrudes more than six inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture or the subject buildings. Wall mounted mechanical equipment that protrudes six inches or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building. • Ground mounted mechanical equipment shall be screened from view by a decorative architectural structure or landscape screening that is compatible with the architecture and landscaping of the development site. Such screening devices shall be of a height equal to or greater than the height of the mechanical equipment being screened. • Roof flashing vents exposed to public view shall be painted or otherwise given a finish to match adjacent surfaces or concealed in a manner consistent with the building's appearance. Planned Development Overlay (PDO -14) 40 Wooden Slats at Gable Ends of Enclosure Min. 4' Accessible Path Roof Shall Slops to Allow Rahn Wa to r to Drain Into an Area That Can Infiltrate the Runoff Smooth Stucco, Fllntridge SIDE ELEVATION TYP. • Metal Door With Decorative Wood Bats PDO -14 Gateway to Temecula sh EnclosAire Dimensions sions Per id Waste Hauler RequirerrientS or Appropriate Level &Service Concrete Service Apron Per Solid Handler andler Req irements Solid Roof Shall Cover the Entire Trash Enclosure FRONT ELEVATION Dimension to Allow Dumprster Lid to Open Without Obstruction TRASH ENCLOSURES - FIGURE 10 Page 41 Gateway to Temecula 17.22.284 LANDSCAPE DESIGN STANDARDS A. Landscape Elements Landscape of PDO -14 shall conform to Section 17.08.060 (Commercial/Office/Industrial Districts, Landscape Standards) of the City's Municipal Code. Figure 11, Overall Landscape Plan, and Figure 12, Plant Palette, have been developed to provide the guidance for the landscape theme for PDO -14. Landscaped areas proposed by the owner, including those in the City's right of way, shall be maintained by a Master Property Owner's Association, or designee. Landscape plans, consistent with Figures 11 and 12, shall be required as a part of any Development Plan or Conditional Use Permit for PDO -14 and shall include the following: • A combination of ornamental plants and the use of drought -tolerant plant materials. • Streetscape planted with a minimum 24" box specimen size street tree spaced at 30' on center spacing (maximum) with a combination of 5 -gallon and 1 -gallon shrubs and ground cover. • A Project entry designed to create an architectural statement as well as a landscape statement that reflects the landscape architectural character of PDO -14. • Common landscaped areas with appropriate shrubs, trees and ground cover and maintained by a Master Property Owner's Association for PDO -14. • An effort to preserve all existing Pine Trees located on the northeast boundary of the Project site. The following shall also be required as a part of any Development Plan or Conditional Use Permit for PDO -14: Sidewalks at building entries shall be a minimum of 6' wide where adjacent to head in parking to allow for car bumper overhang. Additionally a minimum landscape strip of 5' is required and shall be provided between a building and parking where there is no pedestrian space. Landscape finger islands shall be included to meet the criteria of (1) island for every (10) spaces. Landscape fingers in parking areas shall have a minimum 5' planting area with a monolithic poured 12" wide curb on both sides of the planter. Dual loaded parking stalls shall require tree diamond planters w/ 5'x5' clear planting area every 3 parking spaces in lieu of planting islands when the total run of spaces is less than 20. A minimum 5' wide landscape planting area shall be provided at the end of each parking isle with a monolithic poured 12" wide curb on the parking side of the planter only. See example below. Planned Development Overlay (PDO -1 4) 42 Gateway to Temecula • • LANDSCAPING OW) 12 d • PIAN MIN. 5' LANDSCAPING (TYP) PROFILE CONCRETE TO 8E POURED itiONOUloALLY. 1r CONS --1--- 'TO BE P .. MalloUTHICALLY • F a 5 •. 11 P \111 4 12 INCH STEP OUT CURB DETAIL NO SCALE Trees and shrubs shall be placed a minimum of 5' away from water meter, gas meter, or sewer laterals; a minimum of 10' away from utility poles; and a minimum of 8' away from fire hydrants and fire department sprinkler and standpipe connections. • Drip irrigation is required wherever possible. Overhead spray irrigation is not allowed within 24" of any non -permeable surface. Planned Development Overlay (PDO -14) 43 Gateway to Temecula B. Streetscapes The following text and figures describes the streetscapes contained in PDO -14. The streetscapes have been designed in a comprehensive manner to provide continuity within PDO -14 as well as compatibility with the existing, surrounding development. 1. Temecula Parkway The Temecula Parkway streetscape west of Gateway Drive is depicted on Figure 13a, Temecula Parkway Streetscape (West of Gateway Drive), and east of Gateway Drive on Figure 13b, Temecula Parkway Streetscape (East of Gateway Drive). Utilizing the Plant Palette (Figure 12), these streetscapes will be planted with an array of trees, shrubs and groundcovers. The portion west of Gateway Drive is above grade. The portion east of Gateway Drive is at grade; however, berming will be incorporated into this streetscape to complement the screen walls and landscaping. The existing landscaping and sidewalk, west of Gateway Drive will remain. • The sidewalk along Temecula Parkway between La Paz Road and 1-15 is existing with curb adjacent sidewalk. 2. Gateway Drive The Project entry is located on Gateway Drive, which takes access off of Temecula Parkway, immediately across from Bedford Court. The design of this entry is depicted on Figure 14, Gateway Drive Streetscape/Project Entry. This entry proposes multiple ingress and egress lanes, as well as a landscaped median. Focal elements, which provide a sense of arrival, are incorporated into the design of the Project entry. These elements include, but are not limited to: enhanced landscaping, monumentation, and textured paving. Incorporation of these elements will ensure a sense of vehicular arrival to PDO -14. Both sides of the Gateway Drive entry will include enhanced landscaping, which includes multiple layers of plantings of trees, shrubs and groundcover. Accent paving will be provided. 3. La Paz Road The La Paz Road streetscape is depicted on Figures 15a, La Paz Road Streetscape and Corner Treatments at Temecula Parkway and 15b, La Paz Road Streetscape and Corner Treatments at Vallejo Avenue. La Paz Road is at grade; however, berming will be incorporated into this streetscape to complement any screen walls and landscaping. Multiple layers of landscaping, including trees, shrubs and groundcovers will be installed on the La Paz Road streetscape. The sidewalk along La Paz Road, as well as a crosswalk at the La Paz Road and Temecula Parkway intersection, will connect off-site sidewalks to an enhanced Project pedestrian entry at the corner of La Paz Road and Temecula Parkway. The corner of Temecula Parkway and La Paz Road represents the primary pedestrian entry to PDO -14. Landscaping, monument signage, a sidewalk, and shade structures will be adjacent to this pedestrian entry. Three (3) separate shade structures will be located between the corner and along the walkway to the commercial retail in PA2. Each of these shade structures will tie into the overall gateway theme and will consist of Planned Development Overlay (PDO -1 4) 44 Gateway to Temecula the following: • 24" cube concrete seats. • 2' x 8' wood trellis framing, beyond fascia at 16" on center. • Large Spanish Style Pot, planted with vines that will grow into and over the trellis. • 10" torten Steel (or equivalent) fascia. • 2' x 8' wood crossbrace at each end, with non -galvanized malleable washers. • Trellis wire at each end of the vine. 4. Vallejo Avenue The Vallejo Avenue Streetscape is depicted on Figure 16a, Vallejo Avenue Streetscape Plan, Figure 16b, Vallejo Avenue Street Section, and Figure 16c, Vallejo Avenue Street View. Vallejo Avenue is considered the Project's most sensitive edge, as this is the rear of PDO -14 and it abuts the existing, large -lot, single-family development. Special attention has been paid to this edge and its interface with the neighbors. PDO -14 does not show any additional roadway improvements, but rather, utilizes the right-of-way (ROW) as an expanded landscape area that will serve to soften and obscure views to the site. An eight -foot (8') wide decomposed granite (D.G.) trail is proposed along Vallejo Avenue and will connect to a sidewalk on La Paz Road. A gated access for emergency access only will be located on Vallejo Avenue. This access will be a minimum of 30' in width. Within this enhanced landscape area is: • Multiple layers of landscaping, both on site and within the ROW. • A berm (varied heights) that will provide a visual barrier to the site. • A wall (varied heights) that will be atop the berm and will provide additional aesthetic relief, as well as mitigation from any noise and light. • An eight -foot (8') wide D.G. trail. • A three-foot (3') high 2 rail fence. • Landscaping materials that will discourage potential gathering or loitering, such as sharkskin agave, or other approved species, as listed on Figure 12, Plant Palette. Planned Development Overlay (PDO -1 4) 45 PDO -14 Gateway to Temecula Existing Pine Trees to remain and u _ _ =Fire - 8' Wide D.G. protect in place typ- ; VattAo. 6' Tubular Steel on 2' mound 6' Wide Easement at Property Line ill wt r 1°81 I.I I �4I 6' Wall on 2' mound .d r r� ► -.1 �� I �y 4.554,- ,--------" ������ �� -r' � y� See Figure 12 for all tree and shrub botanical and common names ain ti All trees shall be planted to avoid the overhead power lines per the SCE clearance requirements, OVERALL LANDSCAPE PLAN - FIGURE 11 Page 46 PDO -14 Gateway to Temecula SYMBOL • • ter. NOT SHOWN L NOT SHOWN ABBREVIATION I BOTANICAL NAME TREES: COMMON NAME NUMBER REMARKS ACA STE_ ACACIA STENOPHYLLA I SHOESTRING ACACIA ARB. MAR, ARBUTUS MARINA ARBUTUS CHI. TAS I CHITALPA TASHKENTENSIS FLOWERING CHITALPA LAG. F. . LAGERSTROEM IA FAUERI 'TUSCARORA' RED CRAPE MYRTLE OLE E '5-H.' OLEA EUROPEA 'SWAN HILL' QUE. SUB. QUERCUS SUBER FRUITLESS OLIVE WATER USE 15 GAL. 24" BOX 115G./ 24"B r DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3'-4' MIN. 1 24" BOX 24" BOX 36" Box 24" BOX CORK OAI< FLA, A. 'B.G.' PLATANUS ACERIFOLIA 'BLOODGOOD' SHRUBS! CAL V, 'L.J.' CALLISTEMON VIMINALIS 'LITTLE JOHN' HES_ PAR. HESPERALOE PARVIFLORA HET. ARB. HETEROMELES ARBUTIFOLIA LONDON PLANE TREE DOUBLE STAKE ,I HEIGHT 8-10' , SPREAD 3'-4' MIN_ L 15 GALLON ON SLOPES & 24" BOX STREET TREES DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3'-4' MIN. DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3'-4' MIN, L L L DOUBLE STAKE r/ HEIGHT 10'-12 , SPREAD 5'-6' MIN L DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3'-4' MIN M DWARF BOTTLE BRUSH RED YUCCA ANA FLA. ANAGOZANTHUS FLAVIDUS 'VELVET' PER AGA_ LEU. ROS SAL GRE TOYON KANGAROO PAWS ATR. PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE 5 GAL 5 GAL 5 GAL 1 GAL FLOWERING SHRUB @ 3' O.0 ACCENT SHRUB © 3' 0.0 (ALSO USE IN POTS) LARGE SCREEN SHRUB @ 5' O.C. ACCENT SHRUB © 3' 0.0 (ALSO USE IN POTS) '5_' AGAVE 'SHARKSKIN' SHARKSKIN AGAVE F 'G.C.' I LEUCOPHYLLUM FRUTICOSUM 'GR. CLOUD' TEXAS RANGER 5 GALE 5 GAL 'G.C.R.' IROSA 'GREEN CARPET RED' RED GROUND COVER ROSE 1SALVIA GREGG1 AUTUMN SAGE VINES: CLY. CAL. CLYTOSTOMA CALLESTEGIOIDES 015, BUC. OI;TICTUS BUCCINITORIUS FIC. REP, FICUS REPENS MULCH & GROUNDCOVER: WOOD MULCH FOREST BLEND WOOD MULCH BAC P. ' P. P MYO PAR. BACCHARIS PILULARIS 'PIDGEON POINT' MYOPORUM PARVIFOLIUM JUN PAT JUNCUS PATENS 5 GAL 1 GAL 5 GAL SCREEN SHRUB © 5' 0 C LARGE ACCENT SHRUB ® 5' O.C. (ALSO JSE IN POTS) LARGE SCREEN SHRUB 0 5' 0.0 ACCENT GROUNDCOVER 3' 0 C. (ALSO USE IN POTS) ACCENT SHRUB © 3' O.C_ L L L L L LAVENDER TRUMPET VINE 5 GAL ATTACH TO WALL RED TRUMPET VINE 5 GAL ATTACH TO WALL CREEPING FIG 5 GAL ATTACH TO WALL L M L M M MEDIUM GRIND WOOD MULCH 3" MAX. AS REO'D. 3" DEEP - INSTA_LED IN ALL SHRUB PLANTING AREAS TYP PROSTRATE COYOTE BUSH PROSTRATE MYOPORUM CALIFORNIA RUSH 1 GAL GROUNDCOVER TRIANGULAR SPACING 5 O.C. L 1 GAL GROUNDCOVER TRIANGULAR SPACING 0 5 0 C 1 GAL GRASS TRIANGULAR SPACING ® 3' O.0 IN BASINS L M PLANT PALETTE - FIGURE 12 Page 47 L Fin) PDO -14 Gateway to Temecula ,� •-, �-+.,�,` ��r�r-+ arm � . - 11.111/4. See Figure 12 for all tree and shrub botanical and common names Existing Planting to Remain Sidewalk Temecula Parkway TEMECULA PARKWAY STREETSCAPE (WEST of GATEWAY DRIVE) - FIGURE 13a Page 48 PDO -14 Gateway to Temecula t Monument Sign - Basin R.O.W. Temecula Parkway — Concrete Walk See Figure 12 for all tree and shrub botanical and common names TEMECULA PARKWAY STREETSCAPE (EAST of GATEWAY DRIVE) - FIGURE 13b Page 49 PDO -14 Gateway to Temecula See Figure 12 for all tree and shrub botanical and common names fr�a r.rri'�r, A ` i nJ k e3 43046 40 311 Acrent Paving GATEWAY DRIVE STREETSCAPE/ PROJECT ENTRY - FIGURE 14 Page 50 111\ Existingline =--- Trees to erl ain / II cip1 1.4t • 11/4 creen Wall Shaded Seating Areas Concrete Walk See Figure 12 for aII tree and shrub botanical and common names e- What ri SEAMING AREA PDO -14 Gateway to Temecula DRIVE THRID CANOPY STRUCTURE 6' TALL BLOCK WALL BEYOND Ponta 4 TA 4 DANT THRU S -TALL DRIVE 1 F+RU giC144114 WALL SCREEN WAL L SPLIT RM( FENCE Ilrv'mei 7•` C . Cal Ca.,...1. Sea Suy Cal.. JWp. Colo W... 1l7 Pw Min Vino. 27[6 Wood Ti irartiaig Beyond SHADED SEATING AREAS 111` Conon SMr1 Nit Bryon, Farces rrp ba Wood Crc+ momm. 61 loch E►,4. Heim Nor- c..lv�r.a 1r.r. W...1 Cara. Vann LA PAZ ROAD STREETSCAPE and CORNER TREATMENTS at TEMECULA PARKWAY- FIGURE 15a Page 51 Vallejo Avenue ,.....___i_ _ cii: .. . ii....3,..... , _.4._.. 11 PAR See Figure 12 for all tree and shrub botanical and common names 1-53 ;o kr9 PDO -14 Gateway to Temecula 8' Wide D.G. Trail 2 Rail Fence both sides of Trail Existing Trees to Remain Screen Wall Existing Tree to Remain Existing Tree to Remain Concrete Walk LA PAZ ROAD STREETSCAPE and CORNER TREATMENTS at VALLEJO AVENUE - FIGURE 15b Page 52 Vallejo Avenue - 2 Rail Fence PDO -14 Gateway to Temecula End of Wall and Start of T.S. Fence - Bike Path - 8' Wide D.G. Trail 6' Wall on 2' mound See Figure 12 for aII tree and shrub botanical and common names �.. A 6' HighTubular Steel Fence on 2' mound -- Living Wall Height Varies VALLEJO AVENUE STREETSCAPE PLAN - FIGURE 16a Page 53 PARKING AREA PDO -14 Gateway to Temecula VALLEJO AVENUE BIKE PATH PARKWAY PLANTING 8' WIDE D.G. TRAIL 2 RAIL FENCE BOTH SIDES OF TRAIL MOUNDED PLANTING 6' HIGH WALL ON 2' MOUND. CHANGES TO 6' HIGH TUBULAR STEEL FENCE ON A 2' MOUND AT LOCATION SHOWN ON PLANS. VALLEJO AVENUE STREETSCAPE SECTION - FIGURE 16b Page 54 --- 6' HIGH SCREEN WALL ON 2' MOUND LARGE EVERGREEN SHRUBS OLIVE TREE -- OAK TREE ARBUTUS TREE BUILDING IN THE BACKGROUND 6' HIGH TUBULAR STEEL FENCE ON Z HIGH MOUND PDO -14 Gateway to Temecula - VINES ATTACHED TO THE TUBULAR STEEL FENCE - 2 - 2 RAIL FENCE ON EACH EDGE OF D.G. TRAIL BUILDING ON THE PAD BELOW - 2 - 2 RAIL FENCE ON EACH EDGE OF ❑ G. TRAIL STREET EDGE VALLEJO AVENUE STREET VIEW - FIGURE 16c Page 55 Gateway to Temecula C. Walls, Fences and Emergency Gate Walls provide edges, grade retention, spatial definition and privacy, but will also enhance the design character of PDO -14. Their design is encouraged to reflect the community environment through recalling historic wall design with materials, stone or masonry unit size and joinery. Materials, texture and color should be used to make walls visually interesting and compatible with the architectural and landscape architecture design. Walls and fences are particularly critical along the Project's most sensitive edge — Vallejo Avenue. Figure 17a, Master Wall and Fence Plan depicts the overall wall and fence concept for PDO -14. Figure 17a, Master Wall and Fence Plan shows the location for a variety of walls: • A 6' high wall along Vallejo Avenue. This wall rises from 6' on the mound to 8' at each side of the exit gate and shall connect to Building "D". • A 6' high tubular steel fence along Vallejo Avenue beginning at the termination of the 6' wall and continue to the west property line. Vines will be planted on the fence for additional screening. • A 4' high wall adjacent to drive-thrus (for screening). • A 3' high 2 rail fence along Vallejo Avenue on either side of the D.G. trail. • A planted "Tensar Sierra Slope Living Wall" shall be incorporated along the northwestern portion of the site. Typical design and aesthetic should be as depicted below. • A "Tensar Rock Wall" shall be incorporated adjacent to and southerly of Vallejo Ave. Typical design and aesthetic should be as depicted below. Tensar Sierra Slope Living Wall after installation. Planned Development Overlay (PDO -1 4) 56 Gateway to Temecula Tensar Sierra Slope Living Wall after one year of growth. Tensar Rock Wall. Figure 17b, Wall and Fence Elevations depicts the elevations of walls and fencing not depicted above. Figure 17c, Vallejo Avenue Emergency Access Gate depicts the locked Planned Development Overlay (PDO -14) 57 Gateway to Temecula emergency access gate for PDO -14. This access will be a minimum of 30' in width and shall be equipped with a knox rapid entry system. • Fences and walls should be minimized along public and private street right-of-way. • Walls should be stepped to follow the terrain. • Landscaping should be used to soften walls. • Landscape materials will complement the architectural theme. • Stone veneer, masonry, block and wrought iron combinations are acceptable. • Wood fence material should be of the quality to stain so as to prevent rotting and weathering. • Walls may be covered with stucco in colors suitable to the architectural theme. • Stone surfaces may remain natural and unpainted. • Materials, colors and textures shall be varied to create interest and relieve visual monotony. • Barbed wire, wire, electrically charged fences, corrugated metal, chain link, and grape -stake fencing is prohibited. Planned Development Overlay (PDO -1 4) 58 Vallejo Avenue PDO -14 Gateway to Temecula Wall extends to 8' at the exit gate on both sides 1 ocK a J ~- Living Wall -- .,W. Wall Legend 8' High exit gates 6' High Wall on a 2' Mound 4' High Wall 6' High Tubular Steel Fence on a 2' mound wl vines 2 Rail Fence _ a ._ . Living Wall MASTER WALL and FENCE PLAN - FIGURE 17a Page 59 RCT AIL LOTS 7r PCSTS AS -EQ TO ALL: FOH! ELEVATION CHANGES DETNEEN •POST-TYPICA.L. Ixf3" POLY POST -C" 2x5 POLY RAIL TVP ONCRETE FOOTING. ALL07.; LEAR FROM END OF FC)ST TD CTTCV • i-- CF CGNCETE -9G% COMACTE1D NATNE MATERIAL SECTION Two Rail Fence (White) ST 0 0 7"x6" RAIL TY =' FI CRD ELEVATION Note. The two rail fence along Vallejo Avenue shall be 3high 6-46"215" SIUMpal041e wall, 6' tall iyp., !torn Vallejo Ave Apply madkion aggreoate 11COS-lutry Creiit blok Slurry COW, Filntridge EXPO '.--- coatac. t /woett ,-.61, tquare Profil , e Color Sepal by 14c-14eal f -Wall beyond 5' riallicuri at 60'-75' intervals Refer in plan Rear Wall Elevation Plink 6ollaiia 5° PDO -14 Gateway to Temecula - 2" x 7" '',EGALVA\IZED POE7T w/ DOVE C1P AT !!'-:"' CC VAX,. x 2' 7. 1" MC ATING 2E4OKETS 0 14N (1:kit MAN; 1-3/8' •_-..1A STEEL TT, eC,TTOv RILS- EvCLTION WITH HON 31A. x C" TJt,''...,LA-k• STEEL 'ICKET AT C.0 W.`f. '•AIMED a/ EX7-.X-, Pa' FINISH FT\ISH CqA.3E 2' C, TOFF WALL Tubular Steel Fence with Vines BUILDING BEYOND 4' TALL DRIVE THRU SCREEN WALL Refer to Figure 9 WALL and FENCE ELEVATIONS - FIGURE 17b Page 60 1'0 " GALV. STEEL MESH CI GATE 5/8" SQ. TS. BARS -4" O.C. TYP. 1 "x1-1 /2" T.S. RAILS TOP, BTM. & SIDES k M1 L �3 wy 'S k CONCRETE CAP 2. r. PDO -14 Gateway to Temecula 24" SQ. STEEL V—GROOVED, HIGH SPEED BALL BEARING WHEEL TYP GATE RAIL TYP. ` MOUND TRANSITIONS TO GRADE TYPICAL BOTH SIDES Note: The gate shall be equipped with a knox rapid entry system 0 0I 3/16" X 6" CONT 5TL PLATE CENTERED ON 511L TUBES. WELD ALL AROUND TYP T',Fi l Galvani=ed Steel Ma5J•: fer Emergency Gate r JY ! 4 ? Yd# 'k#, i�#i • t AI` as 4 as�� r� JIM P ▪ .▪ *r9F 9 P*■ r*w •• + el 4.4 hAiA T M1P t`e i•iri r sp ar °tir tiJ▪ •F7 �L#.+ du#ai �; � r k,,c L .s ▪ car rt*A i �i1i Y .1.9 t w way •f P P.9 P0.9r fit 9F �1 �' 9 r w r i€� �a19{orir.9 M �*.. .91 fit '/may*9. Js� Pel i s r t r'r$iF."P*, Brand Name aUNKUN Mate -nal Stainless Steel Model Number dK-9O9 ar approved equivalent) VALLEJO AVENUE EMERGENCY ACCESS GATE - FIGURE 17c Page 61 Gateway to Temecula D. Common Space Elements Figure 18a, Outdoor Gathering Area Plans, Figure 18b, Outdoor Gathering Area Examples, and Figure 18c, Outdoor Furniture Examples, depict the potential development of common space elements in PDO -14. The name and manufacturer of the element has been provided as a guideline. A product of equal, or superior quality may also be permitted. These areas will be located at several locations in PDO -14 for outside enjoyment of commercial spaces. These spaces may contain, at a minimum: • Enhanced colored concrete paving: o Pedestrian Path: Top cast # 3, saw cut joints © 72" on center each way, 45 degree orientation a Seating Areas: Top cast # 3, saw cut ac 36" on center each way, 45 degree orientation • Tables. • Chairs. ▪ Benches. • Umbrellas or permanent shade structures. • Misters. • Covered walkways. • Trellis covered walkways. • Wine barrel or terra cotta planters. The retailer is free to add additional items as desired in order to enhance the outdoor space. Planned Development Overlay (PDO -14) 62 STTE PEDESTRIAN PATH - COLORED DECORATIVE CONCRETE TOP CAST *3 %moms I OVERSIZED SPANISH :4 O.C. EACH WA STYLETERRACOTTA PLANTR SEATING AREAS, COLORED CONCRETIff MING. OP CAST • 3, DECORATIVE -1004 PATTERS, dr 0,C EACH WAY PDO -14 Gateway to Temecula COVERED PATO 14'-- 1/4-1,..),„ FeS ,ect.,112. el" R.CON. Shaded Seating Areas Concrete Welk OUTDOOR GATHERING AREA PLANS - FIGURE 18a Page 63 TYPICAL TRELLIS STYLE COVERED WALKWAYS icy---=,--_ /NN ENHANCED CONCRETE WINE BARREL PLANTERS PDO -14 Gateway to Temecula COVERED WALKWAYS AND OUTDOOR SEATING TYPICAL TRELLIS STYLE COVERINGS OUTDOOR GATHERING AREA EXAMPLES - FIGURE 18b Page 64 Bench Nornen€ Sr!_ Surface Ment. TYP. 1. k2" x1,4' FLAT BAR STRAP, WELD ATT.. (or approved equivalent) 21; [4-/-) ac. (-14-1 WACEIC PDO -14 Gateway to Temecula bfmseating Longport (or approved equivalent) table tops bfmseating Aruba (or approved equivalent) 96" [+1-] bfmseating Ab r i (or approved equivalent) OUTDOOR FURNITURE EXAMPLES - FIGURE 18c Page 65 EXHIBIT B AMENDED ZONING MAP/GENERAL PLAN LAND USE MAP Proposed General Plan Land Use Proposed Zoning RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2708) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report ("EIR"), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-30, a resolution of the City Council of the City of Temecula approving Tentative Parcel Map 36862 to divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) on the northwest corner of Temecula Parkway and La Paz Road. G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-27 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving Tentative Parcel Map No. 36862 hereby makes the following findings: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 8.79 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 14 zoning designation. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Community Development, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of Overriding Consideration has been provided in order to account for temporary construction noises, greenhouse gases, and traffic on Interstate 15 on ramps. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a commercial development. No residential units are proposed that will be subject to Quimby. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA14-2708, a Tentative Parcel Map to divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) to allow for a commercial center generally located on the northwest corner of Temecula Parkway and La Paz Road (APNs 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Mike S. Naggar , Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 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 PA14-2708 Temecula Gateway Tentative Parcel Map: A Tentative Parcel Map for the creation of six lots from four existing lots. The project is generally located on the north west corner or La Paz and Temecula Parkway. 922-170-013 922-170-012 922-170-015 922-170-014 Commercial Retail Commercial Retail Commercial Non -Residential Project November 15, 2016 November 15, 2019 Within 48 Hours of the Approval 1. Filing Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 and its attorneys 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 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or - - --- -- - - -- - - - (Revised at 10/5/2016 PC Hearing). 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to the Final Map recording), which provides for cross -lot access and parking across all lots. 9. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 10. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. 11. Class I Multi -Use Trails. installation of the landscaping. Class I Multi -Use Trails shall be provided along Vallejo Avenue (Revised at 10/50/2016 PC Hearing) 12. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use constructed in concurrence with the street improvements. Class II bicycle lanes shall be provided along Temecula Parkway (Revised at 10/5/2016 PC Hearing) Prior to Issuance of Building Permit 13. Building B Building Permit. Prior to issuance of a Building Permit for Building B, a Lot Line Adjustment or Parcel Merger or Parcel Map No. 36862 shall be approved and recorded Prior to Recordation of the Final Map 14. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 15. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) SCH No. 2015061086 was prepared for this project and is on file at the City of Temecula Planning Division. c. This project is within a Liquefaction Hazard Zone. d. This project is within a Subsidence Zone. 16. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 17. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 18. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 19. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 20. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 21. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 22. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 23. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 24. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 25. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 26. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 27. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (insert #) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 28. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Parcel Map Number 36862 requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 29. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 30. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 31. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 32. Public Access Easement. A public access easement shall be provided, on the final map, for the trail located along Vallejo Road. Outside Agencies 33. General. The project must comply with all requirements set forth by Southern California Edison's letter dated July 22, 2016, a copy of which is attached herein. PUBLIC WORKS DEPARTMENT General Requirements 34. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 35. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 36. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 37. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 38. PW -005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with CalTrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 39. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 40. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 41. Trail along Vallejo Avenue. The 8 -foot wide decomposed granite trail along Vallejo Avenue shall be privately maintained. Prior to Recordation of the Final Map 42. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 43. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 44. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 45. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. CalTrans; b. Riverside County Flood Control and Water Conservation District; c. Rancho California Water District; d. Eastern Municipal Water District; or other affected agencies 46. Right of Access. Relinquish and waive right of access on the Parcel Map as delineated on the approved Tentative Parcel Map: a. Temecula Parkway with the exception one 60 -foot wide opening; b. La Paz Street with no opening; and c. Vallejo Avenue with the exception of one 30 -foot wide opening. 47. Existing/Current Easements. All underlying existing and/or current easements encumbering the property shall be vacated/abandoned/relinquished respectively with separate instruments or upon recordation of the Parcel Map. 48. Easements. Note the following: a. A note shall be added to the Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 49. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) RNV) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' RNV) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 50. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 51. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 52. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract or Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 53. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 54. Property Taxes. Any delinquent property taxes shall be paid. 55. Election Proceeding. The developer shall file a notice of intention with the Finance Department to initiate election proceedings for acceptance of street lighting into the appropriate maintenance program (Service Level B). All cost associated with this process shall be borne by the developer. 56. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 57. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from affected agencies. 58. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 59. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 60. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 61. Water Quality Management Plan (WQMP) and O&M Agreement.. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.govNVQMP 62. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 63. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 64. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 65. Geological Report. The developer shall obtain approval from the County Geologist. 66. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 67. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) 68. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 69. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 70. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. 71. Street lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. Prior to Issuance of a Certificate of Occupancy 72. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 73. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 74. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 75. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 76. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 77. Final Map. Prior to the Issuance of the First Certificate of Occupancy, the Parcel Map shall be approved and recorded. FIRE PREVENTION General Requirements 78. Life Safety Conditions. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau under the Conditional Use Permits for this development and Development Plan. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. sot_ F (Iry ( AI If i )f NI•\ EDISON City of Temecula 41000 Main Street Temecula, CA 92590 Attention: Planning Department Subject: Parcel Map No. 36862 July 22, 2016 Please be advised that the division of the property shown on Tract Map No. 36862 will not unreasonably interfere with the free and complete exercise of any facilities and/or easements held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this tetter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (909) 274-1087 cc: Utility Specialist Salvador Flores Title and Real Estate Services Real Properties RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2709) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel!man Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-31, a Resolution of the City Council of the City of Temecula approving Planning Application PA14-2709, a Conditional Use Permit for a gas station with a convenience store (including the sale of alcohol per ABC Type 20) and car wash to be generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012). G. On November 15, 2015, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-27 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the conditional use permit for a gas station with a convenience store (including the sale of alcohol per ABC license type 20) and car wash (PAI4-2709), pursuant to Temecula Municipal Code Section 17.04.010, hereby finds, determines and declares that: A. The proposed conditional uses are consistent with the general plan and the development code. The conditional uses will consist of an automobile service station with a car wash and convenience store selling alcohol (Type 20 License). These uses are permitted upon the approval of a Conditional Use Permit per the proposed Planned Development Overlay. The uses are also consistent with the proposed Community Commercial General Plan designation proposed by the project. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is located north of the project site. However, approximately 750 feet separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. Per the City of Temecula Development Code, the proposed car wash will be fully screened from the residential across Vallejo Avenue. In addition, the use will be supervised by several employees during operating hours. The proposed operating hours are consistent with Development Code requirements. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. A school and City operated park and ride are also adjacent to the project site. The alcohol use is approximately 750 feet from the entrance to the school. The Development Code requires a distance of 600 feet. The structure housing the conditional uses will be separated from the nearby residential with a six foot high wall. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 Community Development Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2709, a Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and car wash to be generally located on the northwest corner of La Paz Road and Temecula Parkway APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2709 Project Description: Assessor's Parcel No.: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and car wash to be generally located on the north west corner of La Paz and Temecula Parkway 922-170-014 922-170-015 922-170-013 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A Non -Residential Project Approval Date: November 15, 2016 Expiration Date: November 15, 2018 PLANNING DIVISION General Requirements 1. 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 and its attorneys 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. 2. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 3 extensions of time, one year at a time. 4. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016). 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. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles on-site (with the exception of vehicle washing within the approved car wash). c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Sale of Motor Vehicle Fuel and Alcoholic Beverages. Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off -premises consumption shall abide by the following conditions: a. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. b. No sale of alcoholic beverages shall be made from a drive-thru window. c. No display or sale of beer or wine shall be made from an ice tub. d. No beer or wine advertising shall be located on motor fuel islands and no self -illuminated advertising for beer or wine shall be located on buildings or windows. e. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. 10. 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. 11. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 13. 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. 14. General. Hours of operation for the car wash shall be from dawn to dusk. (Revised at 10/5/2016 Planning Commission Hearing) 15. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 16. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 17. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 18. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 19. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 20. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 21. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 22. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated January 12, 2015, a copy of which is attached. BUILDING AND SAFETY DIVISION General Requirements 23. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 24. Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 25. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 26. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 27. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 28. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 29. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 30. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 31. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 32. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 33. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 34. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 35. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 36. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. Prior to Issuance of Building Permit(s) 37. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 38. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'/z" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 39. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 40. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 41. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow can be available from public and/or private water systems. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 42. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 43. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 44. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 45. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit 46. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit Prior to Issuance of Certificate of Occupancy 47. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 48. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 49. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 50. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). 51. Additional Submittals (Fire Above/Below Ground Tanks). The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 57 and City Ordinance 15.16.020). 52. Additional Submittals (Hazardous Materials). The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 1 and 50 through 67 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements 53. Type 42 License. The applicant has applied for a Type 20 License. The applicant shall apply for an ABC Type 20 license. An ABC Type 20 license authorizes the sale of beer and wine, for consumption off the premises where sold (gas station & convenience store) Minors are allowed on the premises. Food service is not required. 54. 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. 55. 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. 56. 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. 57. 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). 58. 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). 59. 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) . 60. 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. 61. 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. Board of Directors President Randy A Record Directors Joseph J Kuebinn, CPA Philip E Paule David J Slawson Ronald W Sullivan General Manager Paul D. Jones Il, P E Treasurer Joseph 1 Kuebler, CPA Chairman of the Board, Tite Metropolitan Water District of So. Calif Randy A. Record Legal Counsel Lemieux & O'Neill 5014- 01- S- I .0 January 12, 2015 EASTERN MUNICIPAL / A T F R f[ s T R 1 c_ T SIVA 1950 Mr. Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, Ca. 92590 .44412 0,'04 Re: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for a gas station with a convenience store and car wash to be generally located on the north west corner of La Paz and Temecula Parkway. Case/Plan Number: PA 14-2709, APN 922-170-013 and PA 14-2707, APN 922-170-015. Dear Mr. Jones, The subject project requires sewer services from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our "New Development Process" web page, under the "Businesses" tab, at www.emwd,orq. This meeting will offer the following benefits: 1. Describe EMWD's development work -flow process 2. Identify project scope and parameters 3. Preliminary, high level review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a Plan Of Service (POS) will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trurnble Road Perris, CA 92570 Internet: www.emwd.org The POS process will provide the following: 1- Technical evaluation of the project's preliminary design 2- Defined facility requirements, i.e. approved POS 3- Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have questions or concerns, please do not hesitate to contact me. Sincely, :4.4A,11'N Maroun EI -Hage, M.S., P.E. Senior Civil Engineer - New Business Dept. - Extension x4468 -- EI -ha ern m . RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2709) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-through facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-through facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-32, A Resolution of the City Council of the City of Temecula Approving Planning Application PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012) . G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-27 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Conditional Use Permit for a drive-through (PAI4-2710), pursuant to Temecula Municipal Code Section 17.04.010, hereby finds determines and declares that: A. The proposed Conditional Uses are consistent with the General Plan and the Development Code. The conditional use consists of a drive-through facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is also consistent with the proposed Community Commercial General Plan designation proposed by the project. The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-through. These measures will help ensure that the visual impact from the drive-through will be minimal. The drive-through meets all requirements of the Temecula Development Code including stacking distance. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. The drive-through will be located adjacent to Temecula Parkway and is screened. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 Community Development Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 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 PA14-2710 Temecula Gateway CUP: A Conditional Use Permit to allow a drive-thru for a proposed coffee shop generally located on the north west corner of La Paz and Temecula Parkway 922-170-015 922-170-013 922-170-014 Commercial Retail Commercial Retail Commercial Non -Residential Project November 15, 2016 November 15, 2018 General Requirements 1. 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 and its attorneys 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. 2. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant 5 one year extensions of time, one year at a time. 4. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH #2015061086, September 2016). 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. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 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. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 13. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 14. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 15. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 16. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 17. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 18. Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 19. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 20. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 21. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 22. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 23. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 24. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 25. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 26. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 27. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 28. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 29. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 30. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 31. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 32. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are enforced at the time of building plan submittal. Prior to Issuance of Building Permit(s) 33. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). If the water line was installed up to the building on the master underground water plans then this permit will not be required for this building. 34. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 35. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 36. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 37. Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI6-0090) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report ("EIR"), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel!man Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-33, a Resolution of the City Council of the City of Temecula approving planning application No. PA16-0090, a Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-014, 922-170- 015, 922-170-013, AND 922-170-012). G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-27 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a development plan application to allow for the construction of a fitness facility totaling approximately 23,666 square feet, consisting of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure generally located on the northwest corner of La Paz road and Temecula (PAI4-2707), pursuant to Temecula Municipal Code Section 17.05.010, hereby finds, determines and declares that:: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA16-0090, a Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located on the northwest corner of Temecula Parkway and La Paz Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0090 Project Description: Assessor's Parcel No.: LA Fitness Development Plan: A Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located on the northwest corner of Temecula Parkway and La Paz 922-170-012 922-170-013 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A Non -Residential Approval Date: November 15, 2016 Expiration Date: November 15, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 and its attorneys 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 three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, (Revised at 10/5/2016). 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. 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 City 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. Main Walls, Merlex Stucco Santa Barbara Smooth Finish, colors, Desert Beige - Flintridge - Moonshadow - Terracotta; Board and Batten Siding, color, Sandstone; Accent Siding, Corten Steel; Trellis, Corten Steel; Accent Wall, Horizontal Seam Butted Board Siding, color, Sable Brown. 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. Class I Multi -Use Trails shall be provided along Vallejo Avenue (Revised at 10/5/2016 PC Hearing). 24. Class II Bicycle Lanes.Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Class II bicycle lanes shall be provided along Temecula Parkway (Revised at 10/5/2016 PC Hearing) Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. Archaeological/Cultural Resources Grading Note. The following 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development." 28. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 37. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downspouts. All downspouts shall be internalized. 40. Building B Building Permit. Prior to issuance of a Building Permit for Building B, a Lot Line Adjustment or Parcel Merger or Parcel Map No. 36862 shall be approved and recorded 41. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 42. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 43. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 44. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 45. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 46. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 47. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 48. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 49. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 50. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 51. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 52. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 53. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 54. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 55. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 56. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 57. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 58. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 59. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 60. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 61. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 3, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 62. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 63. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated February 29, 2016, a copy of which is attached. 64. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated February 22, 2016, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 65. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 66. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 67. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 68. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 69. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 70. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 71. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 72. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 73. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 74. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 75. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 76. Trail along Vallejo Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. 77. Concurrent applications. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 78. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 79. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 80. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 81. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 82. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 83. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQM P 84. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 85. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 86. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 87. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 88. Geological Report. The developer shall obtain approval from the County Geologist. 89. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 90. Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 91. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 92. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound on Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 93. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 94. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 95. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 96. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 97. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 98. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 99. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) R/W) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' R/W) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 100. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 101. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 102. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 103. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad. Prior to Issuance of a Certificate of Occupancy 104. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 105. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 106. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 107. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 108. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 109. Final Map. Prior to issuance of the first Certificate of Occupancy, Parcel Map No. 36862 shall be approved and recorded. BUILDING AND SAFETY DIVISION General Requirements 110. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 111. Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 112. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 113. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 114. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 115. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 116. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 117. Demolition. Demolition permits require separate approvals and permits. 118. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 119. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 120. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 121. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 122. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 123. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 124. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 125. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 126. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 127. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 128. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 129. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 130. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 131. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 132. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 133. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 134. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 135. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 136. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 137. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 138. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 139. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 140. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 141. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 142. Berm Height. Berms shall not exceed three feet in height. 143. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 144. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 145. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 146. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 147. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 148. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 149. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 150. Roof Hatches. All roof hatches shall be painted "International Orange." 151. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 152. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 153. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 154. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 155. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 3, 2016 Ladies and Gentlemen: Re: PA 16-0090 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org 202965 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District atpproval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project 1-n3y require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project es a F zderal Emergency Management Agency (FEMA) mapped floodplain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further requir,_ the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S Asrny Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from the3e requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, 01.IVO Engineering Project Manager c: Riverside' _ , ,rity Pl ann:ng Department Attn: K -i sti Lovelady SKM:blm:rlp Board of Directors President Randy A. Record Vice President David J Slawson Directors Joseph J. Kuebler, CPA Philip E Paule Ronald W Sullivan General Manager Paul D. Jones 11, P.E Treasurer Joseph J Kuebler, CPA Chairman of the Board, The Metropolitan Water District of So. Calif. Randy A. Record Legal Counsel Lemieux & O'Neill February 29, 2016 EASTERN MUNICIPAL WATER l)f STR IC;T City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Eric Jones SINCE 1950 Subject: LA Fitness Development Plan located at Temecula Gateway Project Site APN: 922-170-013 Location: NW corner of Temecula Parkway and La Paz The subject project requires water and sewer services from EMWD with the potential requirement for on-site and offsite facilities and associated easements to adequately serve the project demands from existing EMWD facilities. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our "New Development Process" web page, under the "Businesses" tab, at www.emwd.org. This meeting will offer the following benefits: 1. Describe EMWD's development work -flow process 2. Identify project scope and parameters 3. Preliminary, high levet review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a POS will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The POS process will provide the following: 1. Technical evaluation of the project's preliminary design 2. Defined facility and easement requirements, i.e. approved POS 3. Potential facility oversizing and cost estimate of EMWD's participation 4. Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have queons or concerns, please do not hesitate to contact me. Sincerely, 44-0"9" Maroun EI -Hage, M.S., P.E.; Senior Civil Engineer Business Phone: 951-928-3777 Extension x4468 e-mail: EI-hlgem@rd.crq Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org (t), Rancho Water Board of Directors William E. Plummer President Ben R. Drake Senior Vice President Stephen J. Corona Lisa D. Herman John E. Hoagland Danny J. Martin Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Richard R. Aragon, CPFO Director of Finance/Treasurer Jason A. Martin Director of Administration Rich Ottolini, R.E.H.S., MSL Interim Director of Operations & Maintenance Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel February 22, 2016 Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY LA FITNESS; LOT NOS. 1 AND 2 OF TRACT MAP NO. 3750; APNS 922-170-013 AND 922-170-012; PA 16-0090 [SHERRIE MUNROE] Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue and an existing 20 -inch diameter recycled water pipeline within Temecula Parkway. Please refer to the enclosed exhibit map. Water service to the subject project/property exists (under Account No. 3012052, Location No. 2009373). Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such `common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. Rancho Catit' it n i a Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 • www ranchowater.com Eric Jones/City of Temecula February 22, 2016 Pa c Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Services Representative Enclosure: Exhibit Map cc: Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Corry Smith, Engineering Services Supervisor Sherrie Munroe, MDMG, Inc. 161EP:hab0061F4501FEG Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www ranrhnwater rn n RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAIL STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THRU RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2707) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report ("EIR"), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines (CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590 the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 5, 2016, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the EIR. E. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared for the Project. F. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment. G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-27 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a development plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet, consisting of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure generally located on the northwest corner of La Paz road and Temecula (PAI4-2707), pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2707, a Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure. The project is generally located on the northwest corner of La Paz Road and Temecula Parkway (APNS 922-170-014, 922-170-015, 922- 170-013, and 922-170-012), subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2707 Project Description: Assessor's Parcel No.: Temecula Gateway Development Plan: A Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail/restaurant structure, office/retail structure and drive-thru restaurant structure. The project is generally located on the north west corner of La Paz and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) 922-170-015 922-170-013 922-170-014 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A Non -Residential Approval Date: November 15, 2016 Expiration Date: November 15, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 and its attorneys 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 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, Of - -- - - - - - - - - conformance with a Conditional Use Permit (Revised at 10/5/2016 PC Hearing). 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. 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 City 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. Building A: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Parchment; Trellis, Heavy Timber Wood Trellis with Corten Steel Facia; Verticle Siding, Butted Board 12" BD, color Hemlock Green; Base, Granite, Native Gray Rock Face. Building B: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray; Vertical Board and Bat Siding, 2 1/2 Batt over 12" BD, color Autumn Red; Trellis, Heavy Wood Timber Trellis with Corten Steel Facia; Base, Granite, Native Gray Rock Face; Mechanical Screen, Coten Steel. Building C: Main Walls, Santa Barbara smooth finish stucco, color Desert Beige; Roof, Standing Seam Metal Roof, color Charcoal Gray; Trellis, Heavy Timber Wood with Corten Steel Facia; Trellis Support, Corten Steel pipe; Mechanical Screen, reclaimed barn wood, Base, Granite, Native Gray Rock Face. Building D: Main Walls, Santa Barbara Smooth Finish, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray & Parchment; Vertical Siding, Butted Board 12" BD, color, Sable Brown; Stair Screen, Cementitious Board Smooth, color, Sable Brown; Roll -Up Doors, color El Cajon Silver 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class I Multi -Use Trails. Class I multi -use trails shall be provided along Vallejo Avenue (Revised at 10/5/2016 PC Hearing). 24. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use P. constructed in concurrence with the street improvements: Class II bicycle lanes shall be provided along Temecula Parkway (Revised at 10/5/2016 PC Hearing). Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. Archaeological/Cultural Resources Grading Note. The following 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development." 28. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 37. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downspouts. All downspouts shall be internalized. 40. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 41. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 42. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 46. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 47. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 49. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 51. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 52. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 53. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 54. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. 55. Building Permit for Building B. Prior to issuance of a Building Permit for Building B, a Lot Line Adjustment or Parcel Merger or Parcel Map No. 36862 shall be approved and recorded Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 56. Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. 57. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 58. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 59. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 60. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 61. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 62. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated August 28, 2014, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 63. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated August 14, 2016, a copy of which is attached. 64. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 22, 2014, a copy of which is attached. 65. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 17, 2014, a copy of which is attached. 66. General. The applicant shall comply with the recommendations set forth in the County Geologist transmittal dated April 14, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 67. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 68. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 69. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 70. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 71. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 72. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 73. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 74. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 75. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 76. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 77. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 78. Trail along Vallejo Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. 79. Concurrent Approvals. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 80. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 81. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 82. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 83. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 84. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/prog rams/stormwater/construction . s htm I 85. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www. TemeculaCA.govNVQMP 86. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 87. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 88. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 89. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 90. Geological Report. The developer shall obtain approval from the County Geologist. 91. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 92. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 93. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound on Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 94. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 95. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 96. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the CalTrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 97. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by CalTrans and Public Works. 98. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 99. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 100. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) RNV) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 1006 — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' RNV) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 101. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 102. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 103. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 104. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 105. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 106. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 107. Final Map. Prior to issuance of the first Certificate of Occupancy, Parcel Map No. 36862 shall be approved and recorded. 108. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 109. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 110. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 111. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 112. Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 113. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 114. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 115. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 116. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 117. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 118. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 119. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 120. Demolition. Demolition permits require separate approvals and permits. 121. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 122. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 123. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 124. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 125. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 126. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 127. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 128. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 129. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'h" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 130. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 131. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 132. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 133. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 134. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. The second point of access off of Vallejo Drive will be for emergency access only and will be equipped with a knox rapid entry system. (CFC Chapter 5) 135. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). 136. Turning Radius. Dead end fire lanes, roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus with an outside turning radius of 45 -feet. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 137. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the hydrants supplying the site. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 138. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. 139. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. Prior to Issuance of Certificate of Occupancy 140. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 141. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 142. Knox Box. A "Knox -Box" shall be provided for each building. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 143. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 144. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 145. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 146. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 147. Berm Height. Berms shall not exceed three feet in height. 148. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 149. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 150. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 151. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 152. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 153. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 154. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 155. Roof Hatches. All roof hatches shall be painted "International Orange." 156. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 157. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 158. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 159. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 160. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 161. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Mariagei-t'laief hngineer City 0 I` 1 e rec u I a 1'tannin Department Post Office lx 9033 Temecula, California 92589-9033 Attention: Eric Jones Ladies and Gentlemen: RIVERSIDE COUNTY FLOOD M N 1 I AND WATER CONSERVATION 1)I , I 1Seio Re: PA 14-0167 1 163553 The District does ri��r normally r�:.cr��1�iI1Ie1��1 �.�� ����#rtic�ris tc�r` land�.ra � ��, �I �i i.� � �� I ,i'yer land usecaS��s iiM iiNc:or�pc�r•ace�d cities. I in:1)i I r lc.t al c do 1 Iu a r pr ui ch i{ f a 1 i i l .i � k,:{1 :S, or provide State i 4, i i ii or Rea I .,tate letters or other flood iriv rd reports fOI such citses. 1)i\tr IL t comments •1..°arilInch lan lOUs 101 Stich Cris& arc I101 nia Ily I1r Ittu d to iien1s ofspecific interest to fire District including, I )i tricMt 1 tir ter lr l- Iirl itge 1' 111 Facilities, other regioir211 11t4Lid c.cirlIroil and drrin ge lacilities which cook! be considered ri logicit component 01 extension of a master ter pl l system. mid District iistrict Area Drainage N IIn fees idt:veloprncrrt mitigation retest, In addition. ini rirlation of a general nature isP rovided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply Disir let approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: No comment. X l his project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. chis project involves District Master Plan facilities. The District t ill accqnownership of such facilities on Britten request of theCity. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees ill be required. Th isproject pi ()poses channels, ls, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature and/or a logic rl extension of the adopted Master Drainage Plan. The District would consider accepting ownership of :tile facilities r ttcr rcL ucst o f the 'Lit:. 4 Facilities must be constructed to District standards, and District plan check and inspection w i be i rL it cd for District acceptance. Plan check, inspection and administrative fees will be required. X This project is located within the limits or the District's u i to Cre �'`1, inecu1a I l le Area Drainage P Iarr lbr which drainage fees have bccn adopted: applicable fees s low a paid 1y eas p ier\ check or moneyorder only to the Flood Control District or City prior to issuance of grading permits. Fees to he paid should be at the ate in effect at the lime to of issuance of the aciti it pemtit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further infori naiion, contact the District's encroachment ,. o 1 r permit suction ��� 95 � .9.��.12aa. EN R AlINFORMATION This project may require a National ional Pollutant Discharge 1 I i Inilia t io,i System (NPDES) permit from the State Water Resutra•ccs controlHoard_ Clcarance for grading, recordation Or other final approval should not be given until the City has determined that the project has been granted a permit mrt or is shown to be exempt. pt. 1 f this project involves a Federal Emergency Management Agency (FEMA) itpped Hood plain, then the City sro�ild require the applicant to provide all studies, calculations, planN and other information required to meet FEMA requirements,anshould further require that the applicant obtain a Conditional Letter of Map Revision (C1DM prior to grading, recordation or other 1Inal approval of the project, and a letter of Map Revision (LOM R) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the Cies ,fit ill Id require the applicant to ohtain a Section 1602 Agreement from the California Department ent o Fish and Game and ,1 .. �. �rWater Act Section 404 Permit from the U.S. Army Corps of Engineers. or written Gorre,spoI rdenee rrom these a wenLiL-, indicating the project is exempt frothese 1hese requirements. Clean Water Act Section 4 1 Water uality Ce ' cati ars r ,, t r . he required Prone the local Calilbrnia Regional Water Quality Control 1 or rd prior to issuance of -the Corps 404 per o i r u. Very truly yours, c: Riverside County Planning Department Attn: Kristi Lovelady SKM:blm r !AV Engineering Project Manager Date: A ust_2.1 2014 COUN FY 01' RIVERSIL RECEIVED DEPAR fMFNT OF BNVJRONMEN 1Mi 2adEALT} Steve Van Stockum, Director August 14, 2014 City of Temecula Planning Department Attn: Eric Jones P.D. Box 9033 Temecula, CA 92589-9033 SUBJECT: CITY OF TEMECULA —PLANNING APPLICATION (PA) 14-0167 GATEWAY PDO AMENDMENT (APN 922-170-013) Dear Mr. Jones: The project listed in the subject heading of this letter is proposing a Zoning Amendment application to change the zoning of four parcels generally located at the northwest comer of Temecula Parkway and La Paz from Professional Office to Planned Development Overlay District ("PDO -13") for retail, gas station, and hotel uses. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the project and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. Should you have any questions regarding this letter, please contact me at (951) 955-8980. Sincerely, Michael Mistica, MBA, REHS County of Riverside, D ep artment of Environmental Health Environmental Protection and Oversight Division Land Use and Water Resources Program — Planning Review 3880 North Lemon Street, Suite 200 Riverside, CA 92501 Office Locations • Blythe • Corona * Hemet • Indio • Murrieta • Palm Springs ■ Riverside • Phone: (888)722-4234 www.rivcoeh.org Board of Directors President Phi ip Pa 1 Rice PreidenJ Rand A R conf Joseph J Kuchler, f" David J Slawson Ronald W SuIlhvan General Manager Paul D, Jones 11, P F Treaskrer Joseph J Kuchler, CPA Director of The Metropolitan Water District of So, Calif. Randy A Record Board Secretory and :4Sszstartt to the General Manager Rosemarie V. Howard Legal CoAIuse! Lemieux & O'Neill October 22, 2014 EASTERN MUNICIPAL WATER DISTRICT SINLI 1950 CITY OF TEMECULA PLANNING DEPT 41000 MAIN STREET TEMECULA , CA 92590 Dear CITY OF TEMECULA PLANNING DEPT: Re: SAN53 — Will Serve APN 922-170412 thru 015 — GATEWAY TO TEMECULA Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. Expiration - mu) year from date of Issue Thank you for your cooperation in searing our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4447. Sincerely, Fred Azimie Civi Engineering Associate !I Eastern Municipal Water District Mailing Address. Po t Office e Box 83(i() Perri;, CA 925 2-8300 Telephone (95 [ t 92-3777 Fax 05 I) )28-6 Location 227(J Trumh1e Road Perris_ CA 92570 Internet : w'wwwrnwvdoopJ It October 17, 2014 Eric Jones City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOT NOS, 1, 2, 3, AND 4 OF TRACT MAP NO 3750; PLANNING APPLICATION NO. 14-0167; APNS 922-170- 012, 922-170-013, 922-170-014, AND 922-170.015 [PACIFIC REAL ESTATE LLC & B&P OIL SERVICES] Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWDfDistrict), The subject project/property fronts existing 30 -inch and 36 -inch diameter water pipelines (1305 Pressure Zone) within Temecula Parkway, existing 12 - inch and 24 -inch diameter water pipelines ( 1305 Pressure Zone) within La Paz Street, an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue, and an existing 20 -inch diameter recycled pipeline (1380 Pressure Zone) within Temecula Parkway. Vacant Long -Term water service to the subject project/property exists for Lot No. 1 (under Account No. 01-08-78600-4), Lot No, 3 (under Account No. O1- 08-79800-2), and Lot No. 4 (under Account No. 01-08-79900-2); meter reinstallation fees/deposits may apply, Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner, Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such 'common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWI)'s Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. Eric Jones/City of Temecula October 17, 2014 Page Two iri accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would be provided Municipal Water District. If no sewer service is currently available to project/property, all proposed waste discharge systems must comply with the Resources Control Board and/or health department requirements. If you should have any questions or need additional information, please contact an Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT r/ I; I Kim Kerckhoff Engineering Services Representative 7 ,1, cc: Corey Wallace, Engineering Manager -Design Warren Back, Engineering Manager -Planning Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Vicky Philips, coo MDMG, Inc 1 AK I4.hab0 12T4-50\ FEG by Eastern the subject State Water Engineering City, V U WI 1 1 1 Y If 1 rl 1 1d V IS LP Stews Weiss Plannbig Director � i rrxsrr';rip Floc From: 9519552787 Page: 1/2 Late: 4/14 2015 2:' u r 1 ■ •- - 1d V tiJ I V 1 1 1 s 1 1 i. V 141 re T U RIVERSIDE COUNTY PLANlNG DEPARTMEN pril 14, 2015 city of T:'.a Pigg Department FAX: (951) 694-6477 Attention: Eric Jones RE: GE002395 ApproY*I Comments • Ga ay to TemmeduJ$ CW of Temecula Case No. FA14-0167 Pages 2 (inc1uding this cover) submittedforthis Tele Gateway County Geoioec Report Development Plan in (�EO).� the Cityeniecuia (P 1 - prepared e Environ eo ec l &Environmental, Eng. . Consultants,Inc. anisentitled: "Preliminary � -Geotechnical. xeo Investigation Foundation Design Froposefl e10min, ' Com fTemecula Parkway& La Paz Temecula, Rim:side County, Califomie, dated October 17, 20.14. Geotechtheal 8L Environmental o tan , Inc. submitted tb,e; following: y County o Riverside, '� on� Soil Geology Report�February � 2015. NW Comer of Temecula Packway and La Paz Road, Temp ',oma , These documents are h� ' to as a part of GE002395. �' GE002395 n I ded: not been identified at the site proper. 1. An Wive � lau�e 2. The potentia1 for -fault line rupture is extremely =likely. 1 The site generalis not susceptible to liquefaction. 4. Soils on the site have low expansion potential. 5. ' Subsidence due to grading is estimated to be .1 fret. . The site is�oe� outside of the flood hid zone �, 0E002395 re .en ed:Plior to general visaing stall 1�e em�1i operations, ons the existing structures on the site sbed and the dem hauled off the site.2. feetbelow eeate t a � of . ��� � be o �eeer is eex � reie� fini the proposed footing ms shed grade, �� feet below� compacted fill. R[veclicla Office 4080 Qfl Street 12th Floor Dner/ Office 77588 Ei Dunit-Goort P.O. Box1409, Patrn� California 1 Riverside, allfcm1a 925° - 409 visiF e87555•. This fax was received by GFi FaxMaker fax server. For more infcrr ationl t: http //www.gfl.com 4 V 44 I d F J V 1 k 1, `City _ V a iir it Fax From: 95 52767 Page: 212 Dale: 411 /2O1i 2. 1 T GEC) No. 2395 satisfies the requirement for a geologicigeotechnicalstudy for PlaoningICEIZZA purp-osesGEO No. 2395is hereby accepted for plug � c Buildings. Engineering and other Uniform wincluded as a part of this review r :it rad . This approval is not kitended. and should not be misconstrued as approval for grading permit. Erigineering building code parameters should be reviewed and addition eon ents andfor conditions may be building permits. imposedyupon application for grading and/or Thank you for the opportuoity to review this case for the City of Temecula. Please call me at ( 951) 955-6863 if you have any questions. Sime rely, RIVERSIDE COUNTY PLANNING DEPARTMENT Weiss,Steven Planning Director 'es, CEG No. 2283 - Engineering Geologist,TLMA-anuin g cc: Termecula File: .14--.1 l Attn: Larry Mkba , Fax: (951)296-3476 0E002395 BAGeology\Tetaccula \0B 95 Approval PA1441167.docx This fax was received by GFI FaxMaker fax server. For more information, visit: httpllwww.gfi.com RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 5-0985) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report ("EIR"), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report ("EIR"), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-35, a Resolution of the City Council of the City of Temecula approving a Sign Program for the proposed Gateway to Temecula project generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 5-0985). G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-27 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a sign program for the Project generally located on the northwest corner of La Paz Road and Temecula Parkway (PAI5-0985), pursuant to Temecula Municipal Code Section 17.28.080, hereby finds, determines and declares that: A. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify; and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program amendment only allows deviation from the Development Code with regard to sign size. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA15-0985, a Sign Program incorporated herein by this reference, for the proposed Gateway to Temecula Project generally located on the northwest corner of La Paz Road and Temecula Parkway (APNS 922- 170-014, 922-170-015, 922-170-013, AND 922-170-012) , subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 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 15-0985 Temecula Gateway - Sign Program: A Sign Program for the proposed Gateway to Temecula project, generally located on the northwest corner of La Paz and Temecula Parkway 922-170-013 922-170-014 922-170-015 Commercial Retail Commercial Retail Commercial N/A Non -Residential November 15, 2016 November 15, 2018 Within 48 Hours of the Approval 1. Filing Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 and its attorneys 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 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 year period, which is thereafter diligently pursued to completion, or the conformance with a Conditional Use Permit (Revised at 10/5/2016 PC Hearing). 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant 5 extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016). 6. 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. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 & PA16-0090 shall remain in full effect unless superseded herein. 10. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 11. Rooftop Signs. Rooftop signs are not permitted. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PC RESOLUTION NO. 16-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY AS ADEQUATELY PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GATEWAY PROJECT, CONSISTING OF APPROXIMATELY 8.79 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922- 170-015, 922-170-013, AND 922-170-012), AND TAKE ACTIONS RELATED THERETO The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0107, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-through facility. On December 8, 2014, Tony and Amir Dehbozergi filed Planning Application No. PA14-2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P oil Services, filed Planning Application No. PA15-0090, a Development Plan. These applications were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the applications propose a change in the General Plan designation on the site from Professional Office to Community Commercial and a rezone of the site from Professional Office to Gateway to Temecula Planned Development Overlay District (to be known as PDO -14). PDO -14 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, parking, landscaping, lighting, screening, noise, control, water quality management, and other design aspects. Together, these regulations and standards seek to enable flexibility of the types of uses on the site, while ensuring cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -14, the project proposes a number of commercial/retail uses on the project site. These include a health and exercise club, a sit-down high turnover restaurant, fast-food restaurants, a gas station, drive-through car wash, and a convenience store with second -floor office space, retail and office uses, and a coffee shop with drive through (all -together, the Project). C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore an environmental impact report (EIR) should be prepared for the Project. E. On June 25, 2015, a Notice of Preparation of an EIR was released to all agencies and persons that might be affected by the Project. F. On July 22, 2015, a scoping session was held at which time interested persons had an opportunity to provide input on the range and scope of issues to be addressed in the EIR for the Project. G. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. H. On May 31, 2016 the City published a Notice of Availability for the Draft EIR to solicit public comment on the Draft EIR. The public comment period commenced on May 31, 2016 and concluded on July 14, 2016. The Notice of Availability was also sent to the State Clearinghouse (Office of Planning and Resources) and to adjacent property owners within a 700 foot radius of the Project site, to property owners within the Los Ranchitos Homeowners Association, and to interested persons who had requested notices relating to the Project. Copies of the Draft EIR have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. I. The City received nine written comments on the Draft EIR prior to the close of the comment period. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to each of these comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5. J. The comments, written responses, and revisions to the Draft EIR, together with the Draft EIR itself and all appendices thereto, comprise the Final EIR. The Final EIR was made available to the public and to all commenting agencies on September 15, 2016, which is at least 10 days prior to certification of the Final EIR, in compliance with Public Resources Code Section 21092.5(a). K. The Planning Commission, at a regular meeting, heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. L. The Planning Commission has reviewed and considered the Final EIR for the Project and based on the whole record before it, finds and resolves that: (1) All of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. (2) Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project. (3) The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Lu e Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) V43 John Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-27 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOU MANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary PC RESOLUTION NO. 16-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF FOUR EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012) (PAI 4-2858)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred,. Section 2. Further Findings. The Planning Commission, in recommending approval of the General Plan Amendment Application No. PA14-2858, hereby finds, determines and declares that: General Plan Amendment Application No. PA14-2858 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The General Plan Amendment is in the public interest. The current General Plan designation for the proposed project area is Professional Office (PO). The proposed amendment would change this to Community Commercial (CC). The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional commercial service options that are consistent with the Temecula Parkway corridor, for citizens as well as pass by traffic on Interstate 15. B. The General Plan Amendment is compatible with the health, safety and welfare of the community. uses. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendment is compatible with existing and surrounding The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial land uses that can be utilized by the surrounding residential. D. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan amendments will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1), and "a City of diversified development character, where rural and historical areas are protected and co -exist with newer urban development" (Goal 3). The project's land use mix will include commercial, retail, office and restaurant uses, intentional pedestrian -orient design of pathways and sidewalks that will maximize the connectivity of the area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of General Plan Amendment Application, PA14-2858: A. Pursuant to the California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the General Plan Amendment Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held, at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report (EIR) for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2858, a General Plan Amendment application to revise the General Plan designations of four existing parcels from Professional Office (PO) to Community Commercial (CC) in the form attached to this Resolution as Exhibit "A", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke -Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Ve-- John Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-28 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOU MANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA14-2858, A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES AND RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectedly "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by taw. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Z:\1AGENDA MANAGER\Planning Commission Items‘2016\100516\Gatewayl5a-City Council Resolution General Plan Amendment (PA14-2858).docx Temecula Grace Mel!man Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report ("EIR"), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- recommending that the City Council adopt Planning Application No. PA14-2858, A General Plan Amendment Application to Revise the General Plan Designation of Four Existing Parcels from Professional Office (P0) to Community Commercial (CC) (APN 922-170-014, 922-170-015, 922-170-013, and 922- 170-012). G. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - certifying the EIR, adopting a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, and adopting findings pursuant to CEQA. Resolution No. 16- and the findings therein are hereby incorporated by this reference as set forth i n full. 1. All legal preconditions to the adoption of this Resolution have occurred Z:\1AGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\5a-City Council Resolution General Plan Amendment (PAI4-2858).docx Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: General Plan Amendment A. The General Plan Amendment is in the public interest. The current General Plan designation for the proposed project area is Professional Office (P0). The proposed amendment would change this to Community Commercial (CC). The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional commercial service options, that are consistent with the Temecula Parkway corridor, for citizens as well as passby traffic on Interstate 15, B. The General Pian Amendment is compatible with the health, safety and welfare of the community. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendment is compatible with existing and surrounding uses. The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial land uses that can be utilized by the surrounding residential. D. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan amendments will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses" (Goal 1), and "a City of diversified development character, Z:11AGENDA MANAGER1PIanning Commission Items12016\1005161Gateway\5a-City Council Resolution General Plan Amendment (PA14-2858).docx where rural and historical areas are protected and co -exist with newer urban development" (Goal 3). The project's land use mix will include commercial, retail and restaurant uses, intentional pedestrian -oriented design of pathways and sidewalks that will maximize the connectivity of the area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Amendment to General Plan Text. The City Council approves and amends the Land Use Element of the General Plan to revise the existing General Plan designation from Professional Office (PO) to Community Commercial (CC) and amends Figure LU -11 of the Land Use Element of the General Plan as shown on Exhibit A, "Proposed General Plan" attached hereto and incorporated herein as though set forth in full. Section 5. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this General Plan Amendment. Section 6. Consistency with General Plan. The Landuse Element of the General Plan, as amended by this Resolution, is consistent with the other elements of the General Plan, consistent with Government Code Section 65300.5. Insofar as other portions of the General Plan need to be revised to effectuate this General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this General Plan Amendment. Section 7. Severability. If any portion, provision, section, paragraph, sentence, or word of this Resolution is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Resolution. Section 8. Effective Date. This Resolution shall take effect upon its adoption. Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and cause it to be published in the manner required by law. Z:\1AGENDA MANAGER\Planning Commission Items\20161100516\Gatewayl5a-City Council Resolution General Plan Amendment (PAI4-2858).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Mike S. Naggar, Mayor ATTEST: Randi Joh!, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CIN OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , and that thereafter, said Resolution was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Z:11AGENDA MANAGER\Planning Commission Items1201611005161Gatewayl5a-City Council Resolution General Plan Amendment (PAI4-2858).docx EXHIBIT A AMENDED ZONING MAP/GENERAL PLAN LAND USE MAP Proposed General Plan Land Use Proposed Zoning PC RESOLUTION NO. 16-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170- 013, AND 922-170-012) (PAI 4-0167), AND AMENDING THE TEMECULA ZONING MAP" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval the Zone Change Application No. PA14-0167, hereby finds, determines and declares that: Zone Change/Planned Development Overlay Planning Application No. PA14-0167 is consistent with the General Plan for The City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone ChangelPlanned Development Overlay Ordinance directly responds to Goal 1 Policies LU -1.1, LU -1.3, and LU -1.6 of the General Plan Land Use Element. In addition to employing the City's planned development overlay zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goals and policies in that it: provides a mix of community -serving commercial uses; has been planned and evaluated for consistency with the General Plan and its implementing programs (e.g., the planned development overlay zoning district); prescribes a unified commercial center rather than a strip mall; and has been designed to minimize impacts on surrounding land uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 14. Additionally, mitigation measures are identified in the Environmental impact Report (EIR) prepared for the project to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 14 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Zone Change/Planned Development Overlay Application, PA14-0167: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an EIR of the potential environmental effects of the approval of the Project, including the Zone Change Application, would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report (EIR) for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final E1R and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt an Ordinance entitled ""AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-0167), AND AMENDING THE TEMECULA ZONING MAP" in the form attached to this Resolution as Exhibit "A", attached hereto and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. John Telesio, Vice Chairperson ATTEST: Lu ats Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOU MANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY COUNCIL ORDINANCE ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE TO ADD A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170- 013, AND 922-170-012) (PAI4-0167), AND AMENDING THE TEMECULA ZONING MAP THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local Iaw, including the California Environmental Quality Act. C. An Environmental Impact Report (E1R), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by Iaw. The public comment period commenced via the State Clearing Z:\1AGENDA MANAGER\Pianning Commission Items1201611005161Gatewayl6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0157, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA15-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , an Ordinance of the City Council of the City of Temecula Amending Title 17 of the Temecula Zoning Code to revise the zoning designation from professional office (PO) to Planned Development Overlay 14 (PDO - 14) on a 8.79 acre site generally located on the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-014, 922-170-015, 922-170-013, and 922-170-012) (PAI4-0167), and Amending the Temecula Zoning Map. G. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. All legal preconditions to the adoption of this Resolution have occurred Z:\1AGENDA MANAGER1PIanning Commission Items120161100516\Gateway\6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx Section 2. Legislative Findings. The City Council in approving the Zone Change hereby makes the following findings regarding the zone change: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 1 Policies LU -1.1, L U-1.3, and LU -1.6 of the General Plan Land Use Element. In addition to employing the City's planned development overlay zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goals and policies in that it: provides a mix of community -serving commercial uses; has been planned and evaluated for consistency with the General Plan and its implementing programs (e.g., the planned development overlay zoning district); prescribes a unified commercial center rather than a strip mall; and has been designed to minimize impacts on surrounding land uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 14. Additionally, mitigation measures are identified in the EIR to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 14 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Section 3. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code by adding a new Article XV, entitled "Gateway to Temecula Planned Development Overlay District 14" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Zoning Map Amendment. Based upon the findings contained in Section 2 of this Ordinance, the City Council hereby amends the Official Zoning Map of the City of Temecula to change the zoning classification for the property located on 8.79 acres generally located at the northwest corner of Temecula Parkway and La Paz Road Z:11AGENDA MANAGER1PIanning Commission Items120161100516\Gateway\6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx (APNs 922-170-012, 013, 014, 015) from Professional Office to Planned Development Overlay (Temecula Gateway Planned Development Overlay -14). The amended Zoning Map is attached as Exhibit "B" to this Ordinance and is incorporated herein by this reference as though set forth in full. Section 5. Consistency with General Plan. On , the City Council adopted Resolution No. , which Resolution amended the Land Use Element Map of the Temecula General Plan to change the zoning designations of ABC to XYZ. Pursuant to Resolution No. , the City Council also amended the Land Use Element text of the Temecula General Plan by changing the description of the . Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula. Section 0. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. Z:11AGENDA MANAGER\Planning Commission Items\201611005161Gateway\6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Mike S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Z:11AGENDA MANAGERTlanning Commission Items120161100516\Gatewayl6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx EXHIBIT A PLANNED DEVELOPMENT OVERLAY Gateway to Temecula PDO -14 Prepared For: City of Temecula 41000 Main Street Temecula, California 92590 951.694.6444 Property Owner: Pacific Real Estate B & P Cil Services 886 Oak Valley Parkway Beaumont, CA 92223 951.849.5055 Prepared By: Matthew Fagan Consulting Services, Inc. 42011 Avenida Vista Ladera Temecula, CA 92591 951.265.5428 Matthew Fagan Angie Douvres In conjunction with: Walt Allen Architect MDMG, Inc. The Alhambra Group August 2016 Gateway to Temecula Table of Contents 17.22.270 TITLE 5 17.22.272 PURPOSE 5 17.22.274 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS 5 17.22.276 USE REGULATIONS 5 17.22.278 PDO -14 DESIGN STANDARDS 9 17.22.280 PROJECT SETTING 14 A. Setting and Location 14 B. Existing Site Conditions 14 C. Surrounding Land Uses and Development 14 17.22.282 ARCHITECTURAL AND SITE DESIGN GUIDELINES 15 A. Architectural Design Guidelines 15 1. Overall Project Theme 15 2. Massing and Scale 15 3. Articulation of Design 16 4. Materials and Placement 17 5. Materials and Colors 24 6. Roof Forms and Materials 24 7. Storefronts, Windows and Doors 25 8. Balconies and Handrails 25 9. Exterior Stairs 25 10. Columns 26 B. General Site Design Guidelines 27 1. Building Plotting Concepts 27 2. Streetscapes 28 3. Vehicular Circulation 28 4. Pedestrian Circulation 29 5. Lighting 30 6. Water Quality Management Plan (WQMP) 35 7. Additional Site Design Parameters 35 a. Acoustic Buffers 35 b. Drive-thrus/Screening 35 c. Trash Enclosures 39 d. Service, Loading, and Equipment Areas 39 e. Mechanical Equipment & Vents 40 Planned Development Overlay (PDO -14) 1 Gateway to Temecula Table of Contents, continued 17.22.284 LANDSCAPE DESIGN STANDARDS 42 A. Landscape Elements 42 B. Streetscapes 44 1. Temecula Parkway 44 2. Gateway Drive 44 3. La Paz Road 44 4. Vallejo Avenue 45 C. Walls, Fences and Emergency Gate 56 D. Common Space Elements 62 Planned Development Overlay (PDO -14) 2 Gateway to Temecula List of Figures Figure 1 Overall Site Plan/PDO Planning Areas Figure 2 Conceptual Grading Figure 3 Building Form Guidelines Figure 4a Materials, Finishes, and Details Figure 4b Materials Figure 4c Material Placement Figure 5 Contemporary Details Figure 6a Master Walkways and Pedestrian Linkages Plan Figure 6b Decorative Paver Example Figure 7 LED Canopy Light, LED Angled Reflector, LED Area Lights, and LED Wall Sconce 34 Figure 8 Drive-thrus 37 Figure 9 Drive-thru Screening 38 Figure 10 Trash Enclosures 41 Figure 11 Overall Landscape Plan 46 Figure 12 Plant Palette 47 Figure 13a Temecula Parkway Streetscape (West of Gateway Dive) 48 Figure 13b Temecula Parkway Streetscape (East of Gateway Drive) 49 Figure 14 Gateway Drive Streetscape/Project Entry 50 Figure 15a La Paz Road Streetscape and Corner Treatments at Temecula Parkway 51 Figure 15b La Paz Road Streetscape and Corner Treatments at Vallejo Avenue 52 Figure 16a Vallejo Avenue Streetscape Plan 53 Figure 16b Vallejo Avenue Streetscape Section 54 Figure 16c Vallejo Avenue Street View 55 12 13 19 20 21 22 23 32 33 Planned Development Overlay (PDO -14) 3 Gateway to Temecula List of Figures, continued Figure 17a Master Wall and Fence Plan 59 Figure 17b Wall and Fence Elevations 60 Figure 17c Vallejo Avenue Emergency Access Gate 61 Figure 18a Outdoor Gathering Area Plans 63 Figure 18b Outdoor Gathering Area Examples 64 Figure 18c Outdoor Furniture Examples 65 List of Tables Table 1 Schedule of Permitted Uses Table 2 Development Standards Gateway to Temecula PDO -14 7 10 Planned Development Overlay (PDO -14) 4 Gateway to Temecula 17.22.270 TITLE Section 17.22.270 through 17.22.284 shall be known as "PDO -14" (Gateway to Temecula Planned Development Overlay District). (Ord ) 17.22.272 PURPOSE The purpose of the Gateway to Temecula Planned Development Overlay District ("PDO - 14") is to permit creative mixtures of uses in smaller areas where a specific plan or the village center overlay is not appropriate. The planned development overlay zoning district is intended to provide a mechanism to allow for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. These requirements are intended to provide regulations for the development of a variety of Local and tourist -serving commercial uses, as well as potential assisted living, in a comprehensive and cohesive manner. The Project will contain well developed development standards and design guidelines that will create an aesthetic entry statement on Temecula Parkway, and provide more than adequate buffers and screening to the existing, large -lot, single-family residential units on Vallejo Avenue, adjacent to the Project site. 17.22.274 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS A. The permitted uses for the Gateway to Temecula Planned Development Overlay District are described in Section 17.22.276. B. Except as modified by the provisions of Sections 17.22.278, 17.22.282, or 17.22.284, the following rules and regulations shall apply to all planning applications in this area: 1. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. (Ord. 07-03 § 3) 17.22.276 USE REGULATIONS The Gateway to Temecula Planned Development Overlay District (PDO -14) located north of Temecula Parkway at Bedford Court, northwesterly of La Paz Road, and southwesterly of Vallejo Avenue, is intended to provide for the development a variety of local and tourist -serving commercial development on approximately 8.82 acres. PDO -14 is designed with a common architectural, landscaping, monumentation and signage theme. PDO -14 will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods in terms of scale and will be integrated into the existing development fabric by means of architectural theming, as well as Planned Development Overlay (PDO -14) 5 Gateway to Temecula buffering and setback requirements that go beyond those permitted by the underlying zoning designation. Table 1, Schedule of Permitted Uses, depicts the permitted and conditionally permitted uses that are allowed in PDO -14. Permitted uses are shown as a "P," conditionally permitted uses are shown as a "C." This list shall apply to both PAI and PA2 within PDO -1 4. Planned Development Overlay (PDO -14) 6 Gateway to Temecula Table 1 Schedule of Permitted Uses Descol A tion of Use PAI & PA2 Aerobics/dance/aymnastics/martial arts (<5,000sf) P Antique sales AD arel and accessory shops P P Automobile service stations/car wash/convenience store.' (not including oil and lube or other reparr shops) B Balery retail Banks/financial' Barber/beauty s11 Bicycle (sales. rental, services) Bookstores c c P P P P P Candy/confection Clothing sales Computer sales/service P P Congregate care housing for the elderly Convenience market (with the sale of alcoholic beverages)1 P C Da care centers 1 P Delicatessen P Drum store/. harmac P Dr cleaners J P Financial/Insurance/real estate offices Floor coverina sales Florist G General merchandise/retail store >10.000s1) Grocery store, retail H Health and exercise clubs Health food store Health care facility Hotel P ce cream parlor Interior decoratina service L Locksmith M P Medical equipment sales/rental 0 Office equipment/supplies/services Offices, administrative, corporate headquarters and professional services including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate and insurance Planned Development Overlay (PDO -14) 7 Gateway to Temecula Table 1 Schedule of Permitted Uses Descri t1on of Use PAI & PA2 P Parcel delivr deliservices Personal service shops Pet grooming/pet shop Photography studio P P P P Postal services R Restaurant with drive-thru!fast food Restaurants and other eating establishments (with or without the sale of beer and wine)1 S __Specialty market Sports and recreation facility Swimming pool supplies/equipment sales T Tailor P w P P P P Wine tasting shop with or without product sale for off-site consumption (Department of Alcoholic Beverage Control Type 02 only) Wine tasting shop with or without product sale for off-site consumption (Department of Alcoholic Beverage Control License Types other than Type 02) C Notes: 1 Subject to the supplemental development standards contained in Chapter 17.10 of the City's Development Code. 2 Congregate care housing for the elderly shall use the residential performance and development standards for the high-density residential zone. Planned Development Overlay (PDO -14) 8 Gateway to Temecula 17.22.278 PDO -14 DESIGN STANDARDS PDO -14 has been divided into two (2) Planning Areas (PAs), as depicted on Figure 1, Overall Site Plan/PDO Planning Areas. These PAs have been established as a result of the existing and proposed topography on the site. Planning Area 1 (PA1) is approximately 4.5 acres in area, and will be located northwesterly of Gateway Drive. PA1 will be above the grade of SR79/Temecula Parkway, yet will continue to get lower than the Vallejo Avenue grade as the parcel moves northwesterly. Planning Area 2 (PA2) is approximately 4.32 acres in area, and will be located southeasterly of the "4th leg" extension of Bedford Court. The northerly extension of Bedford Court will be a Project entry, rather than a public street, and will be referred to as "Gateway Drive" in PDO -14. PA2 will be relatively close in grade to the existing roadways; however, the northwesterly portion of PA2 will be below the grade of Vallejo Avenue. Reference Figure 2, Conceptual Grading. PA1 and PA2 of PDO -14 shall comply with the development standards set forth in Table 2, Development Standards Gateway to Temecula PDO -14. Planned Development overlay (PDO -14) 9 Gateway to Temecula Table Deveio. ment Standards Gatewa to Temecula PDO -14 Development Standards LOT AREA Minimum gross area of site1 Target floor area ratio2 Maximum floor area ratio with intensity bonus as per Section 17.08.050 of the City's Develooment Code Front yard adjacent to a street: Arterial street Collector Local Yard adjacent to residentially zoned prooerty Interior Side Yard Rear yard Accessory structure—Side/rear setback Full service car wash to closest residential structure Minimum building separation: One story Two story Three stories or more Maximum height3 Maximum percent of lot coverage Minimum required landscaped open space4 PDO -14 PAI West of Gateway Drive 0.50 acres 0.60 1.0 25' 20' 10' 40' 0' 10' 5' NIA 15' 20' 25' 75' 50% 25% PA2 East of Gateway Drive 0.50 acres 0.50 1.0 25' 20' 10' 0' 10' 200' (minimum) 15' 20' 25' 35' 50% 25% Notes: 1 Does not include condominium parcels. 2 All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A) of the City's Development Code. 3 The height shall not exceed the maximum height as measured from finished pad grade, or no greater than two (2) stories, as visible from Vallejo Avenue, whichever is greater. 4 Minimum required landscaped open area does not include necessary planting within the right-of-way. Planned Development Overlay (PDO -14) 10 Gateway to Temecula PDO -14 Parking Rtguirements The following parking requirements shall apply to PDO -14: • 1 parking space/300 gross s.f.: All retail/commercial uses. Plus: o 1 parking space/75 s.f. (gross) for drive thru restaurant; and o 1 parking space/100 s.f. (gross) for full/quick service restaurants. Note: patios are not counted in the parking calculation. • Reciprocal access and parking shall be provided throughout PDO -14. A reciprocal access and parking agreement shall be approved by the City prior to the recordation of a final map. • Car wash: Tunnel parking required for maximum number of cars that can be in the tunnel at a time 5 spaces per car in tunnel. !2 of the spaces provided on drying side, and 1/2 spaces provided on entry side. In the event the use listed does not have a specific parking requirement, the Community Development Director shall have the authority to provide a consistency determination. Planned Development overlay (PDO -14) 11 4 Jkt • a 1 Planing Area One (4.68 AC) VALLEJO AVE PDO -14 Gateway to Temecula P1aningAreaTwo -1(4.32 AC) - _ T 0 0 cc- ii ,1111: OVERALL SITE PLAN/PDO PLANNNG AREAS - FIGURE 1 Page 12 4- 1 VALLEJQ AVENUE PDO-14 Gateway to Temecula CONCEPTUAL GRADING - FIGURE 2 Page 13 Gateway to Temecula 17.22.280 PROJECT SETTING A. Setting and Location PDO -14 is comprised of approximately 8.82 acres located north of Temecula Parkway at Bedford Court, northwesterly of La Paz Road, and southwesterly of Vallejo Avenue. B. Existing Site Conditions The site is currently vacant and undeveloped. The westerly portion of the PDO -14 site has been graded, and soil was removed from the site as part of a "borrow" operation to provide soil for the AD159 SR79 roadway improvement. The remainder of the site has been additionally disturbed by the development of adjacent roadways (La Paz Road and Vallejo Avenue). C. Surrounding Land Uses and Development PDO -14 is bordered by Very Low Density housing to the north and west, (with Hope Lutheran Church currently occupying the parcel to the immediate west of the Project Site), vacant Professional Office designation to the east (which is slated to be a park- and-ride facility -- source City of Temecula pp. 120-121 of CIP, FY 2014-2018), and both Highway Tourist Commercial and High Density Residential uses to the south. The PDO - 14 Project site is shown as the black bordered area in the aerial photo below. PDO Site and Surrounding Land Uses Planned Development Overlay (PDO -14) 14 Gateway to Temecula 17.22.282 ARCHITECTURAL AND SITE DESIGN GUIDELINES PDO -14 is located at one of the primary focal entry points to the City of Temecula, adjacent to the Interstate 15 (1-15) and Temecula Parkway intersection. Because PDO - 14 is located in such an important focal point to the City, careful consideration has been given to the architectural design guidelines. A. Architectural Design Guidelines 1. Overall Project Theme PDO -14 has a been designed with a Project theme of "Western Regional Ranch" with Eclectic Contemporary detailing and materials, as conceptualized in Figure 3, Building Form Guidelines, Figure 4a, Materials, Finishes, and Details, Figure 4b, Materials, Figure 4c, Material Placement, and Figure 5, Contemporary Details. Western Ranch architecture consisted of simple form buildings combined with lively storefronts, arcade, or gallery frontages. Common facade materials include vertical horizontal siding, board and bat siding, heavy timber trellis, stucco, rusted steel, and metal roofing. The following are details that apply to the Project theme of "Western Regional Ranch" with Eclectic Contemporary detailing and materials. Additional details are also included in Section A.1 through A.8. When all of these architectural guidelines are utilized together, the "Gateway' essence of PDO -14 will be attained. Western Regional Ranch 2. Massing and Scale (Refer to Figure 3, Building Form Guidelines for Building Form and Articulation Guidelines). Building massing and scale should be sensitive to the existing built environment and shall be designed in a manner that compliments the existing development and the development within PDO -14. Structures within PA1 may be larger in scale and mass than those in PA2. Buildings within PA1 may be up to 75' in height (as measured from finished pad elevation, or no greater than two -stories, as viewed from Vallejo Avenue, whichever is greater) and their mass should not impede views from the existing homes located on Vallejo Avenue. Internal to the Project, buildings shall be sited in such a manner as to not impede, or seem to dominate, the adjacent buildings. Building forms shall be consistent with the guidelines established in Figure 3, Building Form Guidelines. Building designs shall utilize a basic building form. The basic building form shall be articulated by adding an additional form end a contemporary canopy. Buildings over 4,001 square feet shall assemble multiple basic building forms along with the required articulation and canopy structures. Planned Development Overlay (PDO -14) 15 Gateway to Temecula For buildings over 2 stories in height, the design shall employ the following additional measures, with the goal of reducing the overall massing, and perceived building size: • Varied massing above the 2nd floor (building offset from the primary vertical plane no less than 5' for a majority of the frontage). • Varied gabled roof forms & parapets to create articulated overall massing. • Additional architectural treatments shall include: o Additional material treatments. o Color variation. o Decorative gable vents. o Spandrel windows. o Specially shaped barge board and/or outriggers. o Additional architectural canopy treatments at parapets (see figure 5). o Enhanced decorative wall treatments (varied materials/colors for each basic building form). • Deep eaves & rakes (3' minimum overhang). • Window openings shall be varied and spaced such that an overall repetitive appearance is avoided. 3. Articulation of Design (Refer to Figure 3, Building Form Guidelines for Building Form and Articulation Guidelines). • The building design shall incorporate 360° architecture. • Architectural elements that add interest and character to the prescribed architectural styles, such as recessed windows and shade canopies, shall be provided. • High quality materials shall be used to create a look of permanence and a rustic nature within PDO -14. Variations in color and material consistent with the standards established in Figures 4a, Materials, Finishes, and Details, Figure 4b, Materials, and Figure 4c, Material Placement shall be utilized in order to create interest and reduce a monotonous appearance. • Fixtures and finishes will be selected for their contribution to the overall theme of the development. The building design shall incorporate 360° architecture, as depicted on Figure 3, Building Form Guidelines through Figure 5, Contemporary Details. 360° architecture means the appropriate articulation of all building facades, including variation in massing, roof forms, and wall planes, as well as surface articulation to create shadow patterns and massing shapes that contribute to a building's character. It is expected that the highest level of articulation will occur on the front facade and facades visible from streets; however, similar and complementary massing, materials, and details are encouraged to be incorporated into the other building elevations. The use of elements such as overhangs, trellises, and awnings will be used to lend character to the building. High quality materials shall be used to create a look of permanence within PDO -14. Variations in color and material will be used in order to create interest and reduce a monotonous appearance. Planned Development Overlay (PDO -14) 16 Gateway to Temecula 4. Materials & Placement (Refer to Figures 4a, Materials, Finishes, and Details, Figure 4b, Materials, and Figure 4c, Material Placement for Material Guidelines for Quality of Finish and Placement). The materials cited throughout this PDO are intended to function as guidelines. At the time of construction, a product of equal or superior quality may also be permitted based on materials available to the developer, provided they meet the original intent and as approved by the Planning Department. Exterior Wall Materials Exterior Wall materials shall have a rustic appearance. • Smooth finished stucco. Heavily textured stucco walls are not recommended unless it is used to recreate a cast in place concrete appearance (material samples shall be provided to the planning department prior to approval). • Board and batten wood siding. • Vertical wood siding. • Horizontal wood siding. Native grey granite stone veneer, rock face finish. • Board formed cast in place concrete (heavily rusticated). Cementitious materials are permitted. Material finishes shall have a rustic appearance. Roofs Roofs shall have a rustic appearance. • Flashing, vents, pipes, and sheet metal are recommended to be located out of view of the public street, and colored to match the adjoining roof or wall material. • Roofs may be flat or sloped. Western false front parapet walls are permitted but require special materials & glazing placement. The visible portion of sloped roofs should be sheathed with a roofing material having texture meaningful at the pedestrian scale, such as standing seam metal roofing. • Roof form should be consistent and integrated into the building composition. • The roof should be designed to screen rooftop equipment from public view. • Roofs or parapet walls should wrap around the entire building. Parapet Walls • Parapet walls are an integral component of ranch architecture. In addition to providing visual screening of roof top equipment, they provide opportunity to establish an architectural character and display of signs. The integration of parapet walls into building design is permitted when employing the flat roof basic building form. Parapets shall conform to the following guidelines: o Parapet walls shall completely screen the roof behind and all roof -mounted equipment. o They shall be finished on any side visible from the street with materials compatible with those predominantly used on the building. Planned Development Overlay (PDO -1 4) 17 Gateway to Temecula o Parapet walls visible from rear or side yards shall be finished as above. However, they may utilize exterior plaster in lieu of wood siding. Design Elements • Gabled roof with either low or steep pitch. • Tall first floor ceiling. • Symmetrical placement of windows and doors, entrances with side and transom, lights, and porches. • Large eave and gable overhangs. • Simple building massing with required articulation as required in Figure 3, Building Form Guidelines. Eclectic Contemporarie Elements • Shade structures. • Patio covers. • Decorative paving. • Glazing and door systems. • Roof screens. • Sign stanchions. • Stair screens. • Projecting window assemblies. Materials • Corten Steel (or equivalent) fascia. • Corten Steel (or equivalent) columns (pipe & square profile). Planned Development Overlay (PDO -14) 18 1. basic forms steep gable flatToof W/ parapet 2a. form articulation 4;000 sf or less gabled forms cfos-gable flat roof farms gable mil, l&ai PDO -14 Gateway to Temecula qine sQO} flm roc,' i lean-to 114T!LVIWigds" gib_ Targe articulated 4,001 sf or greater gal]+e +r4; cti5s gable gd gudUnes 4,000 sf or less 1. Choose a basic form: 2. Articulate the basic form. 4,031 sf or rgreater 1. Chi multiple basic 2"t Articulate thetkistoforms., All Forms 3. Allocate approved materials on building fps (refer to Fig. and 4b) 4, Choose contemporary canopy stature (refer to Fig. 5 for canopy choices) BUILDING FORM GUIDELINES - FIGURE 3 Page 19 Building Form Concepts PDO -14 Gateway to Temecula Varried Materials and Articulation SLURRY COAT SLUMPSTONE l _ CAST IN PLACE CONCRETE STUCCO FINISH { Glass Block Contemporary Canopy Structure Articulated Openings Stair Screen Wood Casement Windows Heavy Timber Trellis, Exposed Gusset and Bolts, Oversized Free Standing Planters Green Wall Screen Corton Steel �a Standing Seam Metal Bat and Board Siding Horizontal Siding Roof MATERIALS, FINISHES, and DETAILS - FIGURE 4a Page 20 basic forms (all sizes) single low gable single steep gable tai roof w! parapet permitted overall finish f,ali materials shall appear rustic in nature) vertical board • camentitlot. material mm 6' board exposure max. 12' board exposure exposed rata rough sawn. reclaimed WDod, mediem to dark tone horizontal siding • cementitious rnatenei, min 6' board exposue max. 12" board exposure is exposed face rough sawn, reclaimed wood, medium to dark tone board & ball smooth stucco * rernerthbotz rrraib batt exposure min 3.5' max 5.5' board exposure: min 6' max 12' vertical board e cementitious ,nater 61' board exposure max. 12' board exposits • exposed face rough sawn, reclaimed wood, medium to dark tone • smooth tint eh board & batt 11 PDO -14 Gateway to Temecula heavily rusticated stucco • rteavy texture, to imply board Formed cast in place concrete smooth stucco a °CF'. •• r` 1; LI,5 material a smooth finish batt o osure: min 3.5" max 5 5" board exposure: min 6" max 12' typical visible roofing rock face granile • native granite extruded or raked point running bond. common bond, or stretcher band rock face granite • native granite extruded or raked joint running bond, common bond or stretcher bond MATERIALS - FIGURE 4b Page 21 Malenal 1: Vertical Board Example 1 Material 2: Horizontal Siring Material 3: Board & Batt Matenal 4: Smooth Stucco A fi primary material secondary material Example 2 PDO -14 Gateway to Temecula Guidelines: 1. A single material Mall mer of the proposed basic building form. 2. Articulated form (cross gable, gable with lean-to, gable -Oh Haat roof) shah be of contrasting material to basic building form material. 3. Adel materials and finishes shall be limited to stone wainscoting (2' max), steel canopy or screen structures, and window, door and save trim or sign envelopes. These additional materials must be from the approved pallette. 4. When combining basic building forms each individual form shell have a distinct overall material. Repeating adjacent materials should be discouraged (see example 2). Material 5: Rock Face Granite Material 2 Material 1 Material 1 or 3 Material 2 or 4 wi wainscoat (Material 5) Material 1 or 3 MATERIAL PLACEMENT - FIGURE 4c Page 22 PDO -14 Gateway to Temecula solid roof structure, corten steel fascia a i ' bolts 700 t` r_, ..-; t=i p ld i ng open timber roof structure, corten steel fascia, torten pipe columns corten steer caneoy screer. material open corten steel structure, with square columns and fabric shade inserts Guidelines: 1. Select canopy structure 2. Apply to building form CONTEMPORARY DETAILS - FIGURE 5 Page 23 Gateway to Temecula 5. Materials and Colors A palette of materials and colors will provide character and identity for PDO -14. The following Guidelines shall be implemented: • Primary building colors shall use a combination of earth tones and light colors; bright colors shall be used sparingly. • Varied shades of colors shall be utilized to break up facades and should ideally feature darker -toned colors and materials at the base. Accent colors and materials are acceptable if they are a complementary contrast with the surroundings and are used for creating interest. • Traditional materials, including stone, brick, concrete, precast concrete, metal, colored or split face block, and stucco, shall be used creatively to provide a sense of permanence. • The use of natural materials and textures as architectural accents is strongly encouraged. • High-quality and visually complementary manufactured materials also can be used for practical purposes (aesthetics, durability) and shall be of integral color of that specific material. ▪ The following materials are strongly encouraged: o Vertical board and batten wood siding. o Vertical board wood siding. o Horizontal wood siding with horizontal "V" joint, horizontal channel joint shiplap. o Standing Seam Metal Roofing. o Stone. o Stucco. 6. Roof Forms and Materials The following Guidelines shall be implemented within PDO -14, as they pertain to roof forms and materials, and as depicted on Figure 3, Building Form Guidelines through Figure 5, Contemporary Details: ▪ Rooflines shall be articulated with shorter elements to reduce building mass. • Occasional sloped roof forms shall be introduced over special areas and special functions to create visual interest. • Designs should create interesting building masses by varying rooflines and by maximizing offsets to roof planes where possible. • Combining single -story elements with two-story elements is encouraged. • Flat roofs with parapet walls are acceptable but should also be used in combination with simple pitched gable, hip or shed roof forms. ▪ Roofs or parapet walls should wrap around the portions of buildings that are visible from the public view. All roofing materials must meet appropriate standards. • Parapet walls shall utilize ornamental trim at the top, or utilize a heavily ornamented cornice. • Mechanical equipment on roofs shall be screened from view of highway, roadways with materials consistent with those of the building. The use of parapet walls is strongly encouraged. Planned Development Overlay (PDO -1 4) 24 Gateway to Temecula 7. Storefronts, Windows and Doors The storefront on the ground floor is a key element in creating a successful pedestrian environment. The following Guidelines shall be implemented within PDO -14 as they pertain to storefronts, windows and doors, and are depicted on Figure 3, Building Form Guidelines through Figure 5, Contemporary Details: • Wooden sash windows with decorative transom are recommended. • Storefront windows typically project out from wall surface and are multi -lite. • Window shutters are optional. • The glazed area of the storefront should be between 70% and 80% of the ground floor facade. • The patterns of openings should correspond with the overall rhythm of the building and be in line with arcade and trellis openings. • Consideration should be taken to relate interior building design to pedestrian spaces through generous use of glazing in doors and windows. • Front doors and entrances to buildings shall be clearly defined and articulated by awnings, overhangs, and canopies and shall be easily recognizable from pedestrian and vehicular vantage points. • Other enhancements that are encouraged include: articulated windows and doorways, decorative treatments, accent trim or tile at doorways, banded windows to emphasize the horizontal, glazing which follows roof pitch, canvas awnings with complementary accent colors, and wrought iron accents. ▪ Silver or dark bronze window or door frames, reflective glass, and metal awnings are all discouraged. 8. Balconies and Handrails The incorporation of balconies and porches as part of the architectural style shall be provided for both practical and aesthetic value. The following Guidelines shall be implemented within the PDO -14, as they pertain to balconies and handrails: • They shall be used to integrate indoor and outdoor spaces, as well as break up large wall masses, and offset floor setbacks. • Elements which will be allowed include, but not be limited to: covered porches and balconies, smooth stucco or wood, simple, clean, bold projections, wood trimmed details, veranda style balconies with open railings, and wrought iron railings. ▪ Pipe railing is allowed, as long as it is demonstrated that it is consistent with the architectural style. 9. Exterior Stairs Simple, clean, bold projections of stairways are encouraged to complement the architectural massing and form of the buildings. The following Guidelines shall be implemented within PDO -14, as they pertain to exterior stairs: • Handrails shall be constructed of solid stucco walls, wrought iron, or decorative wood railing. Planned Development Overlay (PDQ -14) 25 Gateway to Temecula • The use of clay tile or brick as tread, use of accent tile on riser, balustrades, and pilasters is encouraged. • Exposed, untreated metal railings and stairs are not permitted, unless it is demonstrated that it is consistent with the architectural style. • Visual screening of stairs when exterior to the building is encouraged. 10. Columns The following Guidelines shall be implemented within PDO -14, as they pertain to columns: • Columns incorporated as a structural or aesthetic design element shall convey a solid, durable image as expressed through bold forms. ▪ Columns may be used as a freestanding form or as a support for pedestrian links. • Columns should be made of materials such as simple square posts. Columns are typically 6" x 6" lumber, tube steel, or stucco, which are decoratively shaped to depict a base, shaft and capital. • Decorative braced columns are recommended. • Exposed pipe columns and thin posts, such as metal pipe columns may be used if it is demonstrated that it is consistent with the architectural style. Planned Development Overlay (PDO -14) 26 Gateway to Temecula B. General Site Design Guidelines These general site design guidelines are not intended to restrict taste or preference, but are designed to foster harmony of development. Various site design elements elements/concepts shall be considered to create a high quality commercial development. In order to encourage a higher level of design direction and quality, the site design elements have been included in PDO -14 and are discussed in greater detail below: • Building Plotting Concepts. • Streetsca pe s . • Vehicular Circulation. • Pedestrian Circulation. • Lighting. • WQMP. Reference Figure 1, Overall Site Plan/PDO Planning Areas, as well as the Figures in the Section 17.22.284 (Landscape Design Standards) of PDO -14. 1. Building Plotting Concepts Commercial buildings should generally be oriented to take best advantage of visibility along Temecula Parkway and to provide additional separation and buffering opportunities to the adjacent, existing large -lot residential development on Vallejo Avenue. At a minimum, commercial buildings located within PDO -14 shall address a street or main drive lane, a required pedestrian path, a vertical landmark element, a small plaza or other focal point. Commercial buildings will be designed to locate high activity uses, such as restaurants and entertainment facilities, adjacent to pedestrian ways. Commercial buildings shall be oriented toward activity centers, shopping and entertainment areas, and gathering spaces. Non-commercial, or semi -residential uses shall be oriented in a "campus" type setting, yet should also relate to the overall project in terms of design theme, massing, scale, vehicular circulation and pedestrian circulation. Reference Figure 1, Overall Site Plan/PDO Planning Areas. Building masses should be articulated to avoid long straight building facades and create enclosed patios and pedestrian spaces where possible. Examples of ways to articulate commercial retail stores are: • Buildings should be designed to create smooth transitions in scale through the use of low and mid -rise building forms or through the use of terraced elevations. • Arcades and trellises can be used to connect buildings and enclose patios. • Vertical mass at residential edges should be minimized. The plotting of buildings shall take into account shade elements and maximize shade created by surrounding buildings. Planned Development Overlay (PDO -14) 27 Gateway to Temecula 2. Streetscapes PDO -14 shall be designed to allow adequate separation between parking and storefronts to allow for comfortable pedestrian spaces. The following concepts shall be incorporated for commercial buildings: • The front facade, along the face of the building, should be varied to provide visual interest. • Awnings shall be encouraged to promote interest and a human scale. • Loading zones shall be site planned to avoid exposure to adjacent streets, highways and residential uses. • Incorporating walls and fences can also be used to help screen areas. • Trash enclosures shall be planned in such a manner to minimize the exposure of such elements to sensitive adjacent uses. • Parking areas shall be planned in such a manner to allow for landscaping or low, decorative walls or a combination thereof. Where possible, buildings should be designed to separate service and delivery circulation from parking areas. 3. Vehicular Circulation Gateway Drive is the Project vehicular entry to PDO -14. Focal elements, which provide a sense of arrival, are incorporated into the design of the Project entry. These elements include, but are not limited to: enhanced landscaping, monumentation, and textured paving. Incorporation of these elements will ensure a sense of vehicular arrival to PDO -14. These elements are discussed in greater detail in Section 17.22.284 of this PDO. A gated access for emergency access only will be located on Vallejo Avenue. This access will be a minimum of 30` in width. Public image features, i.e. water fountains (only allowed with reclaimed or recycled water), or sculptural art, or dramatic landscape elements, i.e. tree masses, will be located at key focal points and will serve to enrich the gateway nature of PDO -14. • When planning the interior vehicular circulation and parking, a hierarchy should be developed to help with traffic flow; however, the top priority must be given to the pedestrian in the ultimate design. The needs of the pedestrian are further elaborated upon below. • Adequate areas for maneuvering, loading, and emergency vehicle access shall be accommodated on site. • Screening shall be provided for both aesthetic and functional (i.e., noise, odors) purposes. Landscaping shall be incorporated to soften the impact of paved areas. This will be accomplished through the use of elements such as, but not limited to: shading, accents and other green elements. This will be further detailed in the Landscape Design Standards Section of PDO -14. • Parking aisles shall be oriented perpendicular to complexes to allow for easy pedestrian walkways to access shopping. • Large parking lot areas should be divided into a series of smaller connected Tots separated by additional landscaping. Planned Development Overlay (PDO -1 4) 28 Gateway to Temecula • Low freestanding walls incorporating simple, tasteful signage with pilasters, balustrades, finials and other embellishments are desirable around and within the parking areas to provide an aesthetic and screening purpose. • All driveway dimensions, with the exception of those adjacent to any mid -rise structures, shall be a minimum of 24' wide. Dimensions for driveways adjacent to mid -rise structures shall comply with Building Code requirements. Bike lanes, if required, are to be installed with any necessary street improvements at the time of construction. They shall conform to the City's Multi -Use Trails and Bikeways Master Plan. Hoop style bicycle racks will be provided on-site. Colors shall be brown or dark bronze to compliment the architectural style and racks are to be connected, as shown below. 4. Pedestrian Circulation A strong pedestrian circulation system, interconnected by walkways and sidewalks, hardscape, and landscape shall be provided in PDO -14. Parking shall not dominate the experience along any designated pedestrian path and off-street parking should be traversed by landscaped areas. Reference Figure 6a, Master Walkways and Pedestrian Linkages Plan. ▪ Pedestrian access to and from PDO -14 is provided by sidewalks located along Temecula Parkway and La Paz Road. The sidewalk along Temecula Parkway, between the Project Entry and La Paz Road shall be curb adjacent and installed by the developer. • The sidewalk along Temecula Parkway between Gateway Drive and 1-15 is an existing, curb adjacent sidewalk. • An eight -foot (8') wide decomposed granite (D.G.) trail is proposed along Vallejo Avenue and will connect to a sidewalk on La Paz Road. The sidewalk along La Paz Road, as well as a crosswalk at the La Paz Road and Temecula Parkway intersection, will connect off-site sidewalks to an enhanced Project pedestrian entry at the corner of La Paz Road and Temecula Parkway. Planned Development Overlay (PDO -1 4) 29 Gateway to Temecula Pedestrian access shall be provided from potential transit stops. • Pedestrian crossing distances at driveways shall be minimized. • Additionally, walkways shall meet the following minimum standards; • Whenever possible, walkways should follow an alignment that connects building entries and should be at least 6' wide. • Whenever connecting walkways pass through parking lots, these walkways should be at least 5' wide (excluding car overhangs) with trees planted at least every 36'. Walkways/pedestrian crossings should consist of special pavers or scored concrete with modules that generally should not exceed 3' in width, but may be allowed if included in final landscape design plans. Reference Figure 6b, Decorative Paver Example. 5. Lighting Exterior lighting can provide safe and effective evening character illumination for the pedestrian and vehicular areas of roads, sidewalks, and walkways through PDO -14. Design should reflect the concept and character of the community through illumination level, light fixture type, finish color and location. There can be streetlights for roads and sidewalks, pedestrian lighting for walkways, building illumination and accent lighting on special architectural and landscape features. Vallejo Avenue Interface Special attention shall be paid to the interface of PDO -14 and the existing, large -lot residences on Vallejo Avenue. A variety of lighting methods shall be employed in order to retain the existing nighttime views of these residents. This can be accomplished through the following methods: • Prohibit streetlights on Vallejo Avenue. • At a maximum, use low-level bollards to illuminate the D.G. trail on Vallejo Avenue. • Use low level bollards on-site for portions of the Project site that are adjacent to Vallejo Avenue. • Fully shield all lights that are taller than bollards. Gas t ti_ n Fu I n Canopy Another area that will need special attention would be the canopy that covers the gasoline fueling stations. In addition to the on-site lighting requirements listed below, all lighting shall comply with the following: • All lighting shall be fully recessed. • All lighting shall be contained within the footprint of the canopy. On-site lighting shall comply with the following. • The level of on-site lighting shall comply with any and all applicable requirements of the City of Temecula and the Mount Palomar Lighting Ordinance. • All exterior lighting fixtures shall be consistent with the architectural style for the building that it serves. Planned Development Overlay (PDO -14) 30 Gateway to Temecula • Lighting shall be low-voltage/high-efficiency whenever possible. ▪ Streetlights shall be focused downward to ensure pedestrian safety and way finding. • Footpath lights are acceptable as a means to illuminate a secondary path. • Inset stairway and stair step lights are encouraged to ensure pedestrian safety and way -finding. • Building mounted lighting fixtures are encouraged to be selected and located to cast downward and be shielded to minimize glare. • Accent lighting shall emphasize special features such as fountains (only allowed with reclaimed or recycled water), sculptures, wall niches, signs, planters or accent trees for decorative effects. • Accent lighting shall be inconspicuous and durable. • Small scale accent lights such as LED based fixtures can serve for way -finding or be used themselves as special design elements. • Flashing, neon, moving, high-intensity or exposed light source type luminaries are not permitted. Refer to Figure 7, LED Canopy Light, LED Angled Reflector, LED Area Lights, and LED Wal! Sconce. Planned Development Overlay (PDO -14) 31 PDO -14 Gateway to Temecula Walkway Legend Accessible Concrete Walks D.G. Trail Existing City Sidewalk MASTER WALKWAYS and PEDESTRIAN LINKAGES PLAN - FIGURE 6a Page 32 PDO -14 Gateway to Temecula rigry J • • e 4 j • a z/ <7/1{7- z - / /1 dr/ •1 r. Belgard - ECO DUBLIN, smooth, mechanical pattern, color: foundry (or equivalent) DECORATIVE PAVER EXAMPLE - FIGURE 6b Page 33 CANOPY LIGHT PDO -14 Gateway to Temecula ANGLED REFLECTOR WALL SCONCE LED CANOPY LIGHT, LED ANGLED REFLECTOR, LED AREA LIGHTS, and LED WALL SCONCE - FIGURE 7 Page 34 Gateway to Temecula 6. Water Quality Management Plan (WQMP) Ultimate design of PDO -14 will require compliance with City and State water quality requirements. Each implementing Project (i.e., Development Plan, Subdivision Map, or Conditional Use Permit) will require the preparation of a Water Quality Management Plan (WQMP). While it is known that a WQMP will be required, the exact nature and location of the WQMP components are not identified at this time. The following is a list of Best Management Practices (BMPs) that may be required for the subsequent development within PDO -14: • Filtration BMP. • Harvest & Use. • Self -Treated Areas. • Bio Retention Planters. • Porous Pavers. 7. Additional Site Design Parameters The following are additional site design considerations that will be required within PDO - 14: a. Acoustical Buffers Acoustical buffers will be required for any gas station use and any associated car wash facility. In order to reduce any noise impacts from these uses, to the adjacent residences on Vallejo Avenue, the following design features shall be required: • The gas pump canopy shall be located as far away from the Vallejo Avenue frontage as possible. • The convenience store of the gas station shall be located between the canopy and the Vallejo Avenue frontage. All blowers associated with drying vehicles and vacuums used for cleaning interiors of vehicles shall be oriented away from Vallejo Avenue. • All blowers shall be internalized to the greatest extent possible. • Up to a 6' high block wall may be installed in the areas where the blowers and vacuums emit noise. • All noise emanating from the blowers and vacuums shall be lower than the City's threshold for noise. b. Drive-thru(s)/Screening Noise and light impacts from drive-thru operations within PDO -14 will be addressed through design and strategic siting of the noise and light generating activities. The following design features, as depicted on Figure 8, Drive-thrus, and Figure 9, Drive-thru Screening, shall be required: • All drive-thru lanes shall be oriented away from the Vallejo Avenue frontage. • All ordering boxes, speakers and drive lane lighting shall be away from the Vallejo Avenue frontage. Planned Development Overlay (PDO -14) 35 Gateway to Temecula • A maximum 4' high screen wall shall be required to prevent vehicle lights from impacting on -coming traffic on Temecula Parkway as well as to provide a screen wall are the pick-up window. Wall heights, lower than 4', may be permitted, provided they screen headlights, and final wall heights are supported by the Project's noise analysis. ▪ Landscape screening shall be provided, in addition to the screen wall, in order to soften the effects of the wall and provide additional mitigation for noise and lighting impacts. • A pick up window canopy structure shall be provided. Canopies must be architecturally integrated and shall utilize similar materials as the other shade structures on site. Planned Development overlay (PDO -14) 36 M,MENU BOARD PLAN PDO -14 Gateway to Temecula PICK-UP WINDO4V PLAN PICK UP WINDOW CANOPY *'1 RU(:TUHE P,CK UP WINUOVV 5uREEN WALL, 4. PICK-UP WINDOW SCREEN WALL PIM LP CANPOPY STRUCTURE 4' DRIVE THU SCREEN WALL DRIVE-THRUS - FIGURE 8 Page 37 2' Rados ni cap and comers -ROW TEMECULA PARKWAY ` -- Concrete Walk PICK UP WINDOW CANOPY STRUCTURE BEYOND — 4' TALL SCREEN WALL, MENU SCREEN TREES BOARD BEYOND Stucco Joists i O'sQaciny (metas ragil et) PDO -14 Gateway to Temecula Fnish, wnooth with hump and bump tettuse Color: FEntredge by Expo 4' PICKUP • WINDOW SCREEN WALL !46 Refer to Plan DRIVE-THRU SCREENING - FIGURE 9 Page 38 Gateway to Temecula c. Trash Enclosures The following design features, as depicted on Figure 10, Trash Enclosures, shall be required: • Trash enclosures should be separated from adjacent parking stalls with a minimum of 5' wide (interior clear dimension) planter and a 12" wide paved surface behind the curb to ensure adequate space is available for individuals to access a vehicle. Trash/recycling containers should be large enough, placed frequently throughout the site, and collected frequently enough to handle the refuse generated by the Project. • Trash enclosures should be designed with similar finishes, materials, and details as listed in Section 17.22.282.A.2 and 17.22.282.A.4 (stone, brick, concrete, precast concrete, metal, colored or split face block, and stucco), and shall be screened with landscaping. • Chain link fencing and gates with wood slats are not allowed. • Enclosures should be unobtrusive and conveniently located for trash disposal by tenants and for collection service vehicles. • Where feasible, a pedestrian entrance to the trash enclosure should be provided so that large access doors do not have to be opened. • Enclosures should not be visible from primary entry drives. • Enclosures shall have a concrete apron onto which trash/recycling containers will be rolled for collection. • Enclosures shall be surrounded by planting areas on three sides with a vine along each wall, and shall have solid roof covers. • All trash enclosures shall comply with the City of Temecula requirements. d. Service, Loading, and Equipment Areas The following Guidelines shall be implemented within PDO -14 as they pertain to service, loading and equipment areas in order to ensure that these functional site items are integrated with a sense and respect of the surrounding aesthetic: 1. Storage for supplies, merchandise, and similar materials shall be prohibited on the roofs of any buildings. 2. Merchandise, material, and equipment are not permitted to be stored to a height greater than any adjacent wall, fence, or building. 3. Service, loading, and storage areas shall be separated from pedestrian and private automobile circulation. 4. Service areas, loading docks, and equipment areas shall be screened from views either by locating these uses within a building or by screening them with landscaping, walls, fences, or other architectural treatments. 5. Any outdoor display ancillary to the business being conducted within the building, may be permitted without a temporary use permit, provided that the display complies with the regulations contained within Section 17.10.020 K. of the Supplemental Development Standards of the City's Development Code. Planned Development Overlay (PDO -14) 39 Gateway to Temecula e. Mechanical Equipment & Vents • On-site mechanical equipment visible from buildings or public streets shall be screened. • Wall mounted mechanical equipment that protrudes more than six inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture or the subject buildings. Wall mounted mechanical equipment that protrudes six inches or Tess from the outer building wall shall be designed to blend with the color and architectural design of the subject building. • Ground mounted mechanical equipment shall be screened from view by 'a decorative architectural structure or landscape screening that is compatible with the architecture and landscaping of the development site. Such screening devices shall be of a height equal to or greater than the height of the mechanical equipment being screened. ▪ Roof flashing vents exposed to public view shall be painted or otherwise given a finish to match adjacent surfaces or concealed in a manner consistent with the building's appearance. Planned Development Overlay (PDO -1 4) 40 Wooden Slats at Gable Ends of Enclosure Plan 'Min 4' Accessible Path Roof Shall SIS to Mow Rain Water to Drain Into an Area That Can Infiltrate the Runoff Smooth Stucco, Flintridg SIDE ELEVATION TYP. Metal Door Mth Decorative Wood Bees PDO -14 Gateway to Temecula Trcad Ero. ler vanmisPieirs r Appropiala LavafSarvi Conti SRTVICIP Apron Per mid Waste Handier ReAutrernents Solid Roof Shall Cover the Entire Trash Enclosure FRONT ELEVATION e. •in c 0 Z Dimension to Allow Durnp terLid to inn Without ObstrucT.ion TRASH ENCLOSURES - FIGURE 10 Page 41 Gateway to Temecula 17.22.284 LANDSCAPE DESIGN STANDARDS A. Landscape Elements Landscape of PDO -14 shall conform to Section 17.08.060 (Commercial/Office/Industrial Districts, Landscape Standards) of the City's Municipal Code. Figure 11, Overall Landscape Plan, and Figure 12, Plant Palette, have been developed to provide the guidance for the landscape theme for PDO -14. Landscaped areas proposed by the owner, including those in the City's right of way, shall be maintained by a Master Property Owner's Association, or designee. Landscape plans, consistent with Figures 11 and 12, shall be required as a part of any Development Plan or Conditional Use Permit for PDO -14 and shall include the following: • A combination of ornamental plants and the use of drought -tolerant plant materials. • Streetscape planted with a minimum 24" box specimen size street tree spaced at 30' on center spacing (maximum) with a combination of 5 -gallon and 1 -gallon shrubs and ground cover. • A Project entry designed to create an architectural statement as well as a landscape statement that reflects the landscape architectural character of PDO -14. ▪ Common landscaped areas with appropriate shrubs, trees and ground cover and maintained by a Master Property Owner's Association for PDO -14. • An effort to preserve all existing Pine Trees located on the northeast boundary of the Project site. The following shall also be required as a part of any Development Plan or Conditional Use Permit for PDO -14: Sidewalks at building entries shall be a minimum of 6' wide where adjacent to head in parking to allow for car bumper overhang. Additionally a minimum landscape strip of 5' is required and shall be provided between a building and parking where there is no pedestrian space. Landscape finger islands shall be included to meet the criteria of (1) island for every (10) spaces. Landscape fingers in parking areas shall have a minimum 5' planting area with a monolithic poured 12" wide curb on both sides of the planter. Dual loaded parking stalls shall require tree diamond planters w/ 5'x5' clear planting area every 3 parking spaces in lieu of planting islands when the total run of spaces is less than 20. A minimum 5' wide landscape planting area shall be provided at the end of each parking isle with a monolithic poured 12" wide curb on the parking side of the planter only. See example below. Planned Development Overlay (PDO -14) 42 Gateway to Temecula At - z 4 #, • 12' -r • A a • 4 i ■ LANDSCAPING (YP) i PLAN rt 77, •;--FCONCRETE BE POURED MOIOU MOUT MIN. 5' ,r LANDSCAPING (NP) � + 6 CorscR V * # lo „a. Ete PROFILE � POURED • MONOLITHICALLY 12 INCH STEP OUT CURB DETAIL NO SCALE Trees and shrubs shall be placed a minimum of 5' away from water meter, gas meter, or sewer laterals; a minimum of 10' away from utility poles; and a minimum of 8' away from fire hydrants and fire department sprinkler and standpipe connections. Drip irrigation is required wherever possible. Overhead spray irrigation is not allowed within 24" of any non -permeable surface. Planned Development Overlay (PDO -14) 43 Gateway to Temecula B. Streetscapes The following text and figures describes the streetscapes contained in PDO -14. The streetscapes have been designed in a comprehensive manner to provide continuity within PDO -14 as well as compatibility with the existing, surrounding development. 1. Temecula Parkway The Temecula Parkway streetscape west of Gateway Drive is depicted on Figure 13a, Temecula Parkway Streetscape (West of Gateway Drive), and east of Gateway Drive on Figure 13b, Temecula Parkway Streetscape (East of Gateway Drive). Utilizing the Plant Palette (Figure 12), these streetscapes will be planted with an array of trees, shrubs a n d groundcovers. The portion west of Gateway Drive is above grade. The portion east of Gateway Drive is at grade; however, berming will be incorporated into this streetscape to complement the screen walls and landscaping. The existing landscaping and sidewalk, west of Gateway Drive will remain. The sidewalk along Temecula Parkway between La Paz Road and 1-15 is existing with curb adjacent sidewalk. 2. Gateway Drive The Project entry is located on Gateway Drive, which takes access off of Temecula Parkway, immediately across from Bedford Court. The design of this entry is depicted on Figure 14, Gateway Drive Streetscape/Project Entry. This entry proposes multiple ingress and egress lanes, as well as a landscaped median. Focal elements, which provide a sense of arrival, are incorporated into the design of the Project entry. These elements include, but are not limited to: enhanced landscaping, monumentation, and textured paving. Incorporation of these elements will ensure a sense of vehicular arrival to PDO -14. Both sides of the Gateway Drive entry will include enhanced landscaping, which includes multiple layers of plantings of trees, shrubs and groundcover. Accent paving will be provided. 3. La Paz Road The La Paz Road streetscape is depicted on Figures 15a, La Paz Road Streetscape and Corner Treatments at Temecula Parkway and 15b, La Paz Road Streetscape and Corner Treatments at Vallejo Avenue. La Paz Road is at grade; however, berming will be incorporated into this streetscape to complement any screen walls and landscaping. Multiple layers of landscaping, including trees, shrubs and groundcovers will be installed on the La Paz Road streetscape. The sidewalk along La Paz Road, as well as a crosswalk at the La Paz Road and Temecula Parkway intersection, will connect off-site sidewalks to an enhanced Project pedestrian entry at the corner of La Paz Road and Temecula Parkway. The corner of Temecula Parkway and La Paz Road represents the primary pedestrian entry to PDO -14. Landscaping, monument signage, a sidewalk, and shade structures will be adjacent to this pedestrian entry. Three (3) separate shade structures will be located between the corner and along the walkway to the commercial retail in PA2. Each of these shade structures will tie into the overall gateway theme and will consist of Planned Development Overlay (PDO -14) 44 Gateway to Temecula the following • 24" cube concrete seats. • 2' x 8' wood trellis framing, beyond fascia at 16" on center. • Large Spanish Style Pot, planted with vines that will grow into and over the trellis. • 10" Corten Steel (or equivalent) fascia. • 2' x 8' wood crossbrace at each end, with non-galvenized malleable washers. • Trellis wire at each end of the vine. 4. Vallejo Avenue The Vallejo Avenue Streetscape is depicted on Figure 16a, Vallejo Avenue Streetscape Plan, Figure 16b, Vallejo Avenue Street Section, and Figure 16c, Vallejo Avenue Street View. Vallejo Avenue is considered the Project's most sensitive edge, as this is the rear of PDO -14 and it abuts the existing, large -lot, single-family development. Special attention has been paid to this edge and its interface with the neighbors. PDO -14 does not show any additional roadway improvements, but rather, utilizes the right-of-way (ROW) as an expanded landscape area that will serve to soften and obscure views to the site. An eight -foot (8') wide decomposed granite (D.G.) trail is proposed along Vallejo Avenue and will connect to a sidewalk on La Paz Road. A gated access for emergency access only will be located on Vallejo Avenue. This access will be a minimum of 30' in width. Within this enhanced landscape area is: ▪ Multiple layers of landscaping, both on site and within the ROW. • A berm (varied heights) that will provide a visual barrier to the site. • A wall (varied heights) that will be atop the berm and will provide additional aesthetic relief, as well as mitigation from any noise and light. • An eight foot (8') wide D.G. trail. ▪ A three-foot (3') high 2 rail fence. • Landscaping materials that will discourage potential gathering or loitering, such as sharkskin agave, or other approved species, as listed on Figure 12, Plant Palette. Planned Development Overlay (PDO -1 4) 45 PDO -14 Gateway to Temecula Existing Pine Trees to remain and - 8' Wide D protect in place i� p - Fire Eta- F'F -_--- Mx 114. f 6' Tubular Steel - on 2' mound 6' Wide Easement at Property Line yf 6' WaII on 2' mound L I` 1n:e"'�r See Figure 12 for all tree and shrub botanical and common names All trees shall be planted to avoid the overhead power lines per the SCE clearance requirements. OVERALL LANDSCAPE PLAN - FIGURE 11 Page 46 PDO -14 Gateway to Temecula SYMBOL ABBREVIATION BOTANICAL NAME NOT SHOWN L NOT SHOWN TREES: COMMON NAME SIZE ACA STE ACACIA STENOPHYLLA SHOESTRING ACACIA ARB. MAR ARBUTUS MARINA ARBUTUS CHI, TAS CHITALPA TASHKENTENSIS 1 LAC_ F. ' I LAGERSTROEM A FAU I 'TUSCARORA' OLE. E S.H. OLEA EUROPEA 'SWAN HILL QUE. SUB. QUERCUS SUBER PLA, A. 'B.G.' I PLATANUS ACERIFOLIA 'BLOODG000' FLOWERING CHITALPA RED CRAPE MYRTLE FRUITLESS OLIVE CORK OAK 15 GAL 24" BOX 150./ 24"B 24" BOX 24" BOX 36" BOX NUMBER REMARKS 1 WATER USE DOUBLE STAKE I HEIGHT 8-10' , SPREAD 3'-4` MIN DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3'-4' MIN. 15 GALLON ON SLOPES & 24" BOX STREET TREES DOUBLE STAKE i HEIGHT 8-10' . SPREAD 3'-4' MIN. LONDON PLANE TREE SHRUBS: CAL V, '1_,J.' rGALLISTEMON VIMINALIS 'LITTLE JOHN' N' �` H ESPERALOE PAR'VIFLORA HES_ PAR HET. ARB ANA FLA. PER ATR. AGA. S.' HETEROMELES ARBUTIFOLIA ANAGOZT1US FLAVIDUS 'VELVET 'ERV SKPA ATR LIGIFOL. - - AOA 'SHARKSKIN' 24" BOX DOUBLE STAKE /HEIGHT 8-10' SPREAD 3'-4" MIN. DOUBLE STAKE HEIGHT 10'-12 , SPREAD 5'-6' MIN DOUBLE STAKE / HEIGHT 8-10' , SPREAD 3'-4` MIN DWARF BOTTLE BRUSH LEU F 'G.C.' LEUCOPHYLLUM FRUT OSUM I'GR. CLOUD' ROS. 'G.C.R.' ROSA. "GREEN CARPET RED' SAL GRE SALVIA GREGGI VINES: CLY. CAL. CLYTOSTOMA CALLESTEGIOIDES DIS BUC. DISTICTUS BUCCINITORIUS FIC REP FICUS REPENS MULCH & GROUNDCOVER RED YUCCA TOYON KANGAROO PAWS 5 GAL 5 GAL 5 GAL 1 GAL RUSSIAN SAGE SHARKSKIN AGAVE TEXAS RANGER RED. GROUND COVER ROSE AUTUMN SAGE 5 CAL 5 GAL 5 GAL 1 GAL 5 GAL FLOWERING SHRUB ® 3' 0.0 ACCENT SHRUB * 3' 0,0 (ALSO USE IN POTS) LARGE SCREEN SHRUB 5' O.C. ACCENT SHRUB 3' 0.0 (ALSO USE IN POTS) SCREEN SHRUB 5' O C LARGE ACCENT SHRUB 0 5 0,C. (ALSO .JSE +N QTS) LARGE SCREEN SHRUB 0 57 0.0 ACCENT GROUNOCOv E R 0 3' 0 C. (ALSO USE IN POTS'. ACCENT SHRUB 0 3' 0.C. 1 -LAVENDER TRUMPET VINE _thRED TRUMPET VINE CREEPING FIG L L L L L M L. L L L L L M L WOOD MULCH I FOREST BLEND WOOD MULCH BAC P. 'P.P BACCHARIS PILULARIS 'PIDGEON POINT MYO PAR. MYOPORUM PARAFOLIUM JUN PAT ]UNCUS PATENS 5 GAL 5 GAL 5 GAL ATTACH TO WALL M ATTACH To WA_L ATTACH TO WA_L MEDIUM GRIND WOOD MULCH 3" MAX. 1 AS REO'D. 3" DEEP - INSTA_LED IN ALL SHRUB PLAN11NC AREAS TYP PROSTRATE COYOTE BUSH 1 GAL PROSTRATE MYOPORUM CALIFORNIA RUSH 1 GAL = GROUNDCOVER TRIANGULAR SPACING CP 5 0.C. = GROUNDCOVER TRIANGULAR SPACING 0 5 O C 1 GAL. GRASS - TRIANGULAR SPACING 0 3' 0.0 IN $SINE M PLANT PALETTE - FIGURE 12 Page 47 1f L See Figure 12 for aII tree and shrub botanical and common names s — Existing Planting to Remain Sidewalk Temecula Parkway PDO -14 Gateway to Temecula TEMECULA PARKWAY STREETSCAPE (WEST of GATEWAY DRIVE) - FIGURE 13a Page 48 PDO -14 Gateway to Temecula Temecula Parkway See Figure 12 for all tree and shrub botanical and common names TEMECULA PARKWAY STREETSCAPE (EAST of GATEWAY DRIVE) - FIGURE 13b Page 49 PDO -14 Gateway to Temecula See Figure 12 for all tree and shrub botanical and common names Plnr r 1 hiati.�r 058 ewe Accent Pang GATEWAY DRIVE STREETSCAPEI PROJECT ENTRY - FIGURE 14 Page 50 Existing P, Trees to ire rr,-o r PARKING BUILDING \\ 0 - `Screen Wal 5 11 Concrete Wa k Monument sign Shaded Seating Areas Concrete Walk See Figure 12 for all tree and shrub botanical and common names FSM&OICII SFA1NIGI AREA PDO -14 Gateway to Temecula D IVF TMR1i • d' TALL P LOCK - - CANOM' MALL BEYDND sT RUC T URE - T ThRU S TALL ORM 1 NRU N ALL SCREEN WAL L J1 RA/1 FENCE RZVOND ....,1,4 Iti i 7.' w. Coiq ilV p�.r 101,441. 1,0 Pit SHADED SEATING AREAS 2XI %%en Tr*. ,r Cann Stow /Mao Pari Wpm 'mos Tr} a■ wood C.a.w■Qui E■ t+E'4.Vol +Nor - G w w�...r T.M+YYr.. w i.c.. Vino LA PAZ ROAD STREETSCAPE and CORNER TREATMENTS at TEMECULA PARKWAY- FIGURE 15a Page 51 Valleio Avenue See Figure 12 for all tree and shrub botanical and common names PDO -14 Gateway to Temecula 8' Wide D.G. Trail 2 Rail Fence z7c r sides of Trail Existing Trees to Remain Screen Wall Existing Tree to Remain -- Existing Tree to Remain Concrete Walk LA PAZ ROAD STREETSCAPE and CORNER TREATMENTS at VALLEJO AVENUE - FIGURE 15b Page 52 Vallejo Avenue -- 2 Rail Fence PDO -14 Gateway to Temecula End of Wall and Start of T.S. Fence r---- Bike Path 8' Wide D.G. Trail 6' HighTubular Steel Fence on 2' mound See Figure 12 for all tree and shrub botanical and common names ----- Living Wall Height Varies 6' Wall on 2' mound VALLEJO AVENUE STREETSCAPE PLAN - FIGURE 16a Page 53 PARKING AREA PDO -74 Gateway to Temecula VALLEJO AVENUE BIKE PATH PARKWAY PLANTING 81 WIDE D.C. TRAIL 2 RAIL FENCE BOTH SIDES OF TRAIL MOUNDED PRINTING 5' HIGH WALL ON 2' MOUND. CHANGES TO 6' HIGH TUBULAR STEEL FENCE ON A 2' MOUND AT LOCATION S1-IOWN ON PLANS. VALLEJO AVENUE STREETSCAPE SECTION - FIGURE 16b Page 54 - 6' HIGH SCREEN WALL ON 2' MOUND LARGE EVERGREEN SHRUBS OLIVE TREE - OAK TREE ARBUTUS TREE BUILDING IN THE BACKGROUND 6' HIGH TUBULAR STEEL FENCE ON Z HIGH MOUND PDO -14 Gateway to Temecula - VINES ATTACHED TO THE TUBULAR STEEL FENCE --- 2 - 2 RAIL FENCE ON EACH EDGE OF D.G. TRAIL BUILDING ON THE PAD BELOW 2 - 2 RAIL FENCE ON EACH EDGE OF D G. TRAIL STREET EDGE VALLEJO AVENUE STREET VIEW - FIGURE 16c Page 55 Gateway to Temecula C. Walls, Fences and Emergency Gate Walls provide edges, grade retention, spatial definition and privacy, but will also enhance the design character of PDO -14. Their design is encouraged to reflect the community environment through recalling historic wall design with materials, stone or masonry unit size and joinery. Materials, texture and color should be used to make walls visually interesting and compatible with the architectural and landscape architecture design. Walls and fences are particularly critical along the Project's most sensitive edge — Vallejo Avenue. Figure 17a, Master Wall and Fence Plan depicts the overall wall and fence concept for PDO -14. Figure '17a, Master Wall and Fence Plan shows the location for a variety of walls: • A 6' high wall along Vallejo Avenue. This wall rises from 6' on the mound to 8' at each side of the exit gate and shall connect to Building "D". ▪ A 6' high tubular steel fence along Vallejo Avenue beginning at the termination of the 6' wall and continue to the west property line. Vines will be planted on the fence for additional screening. • A 4' high wall adjacent to drive-thrus (for screening). A 3' high 2 rail fence along Vallejo Avenue on either side of the D.C. trail. • A planted "Tensar Sierra Slope Living Wall" shall be incorporated along the northwestern portion of the site. Typical design and aesthetic should be as depicted below. ▪ A "Tensar Rock Wall" shall be incorporated adjacent to and southerly of Vallejo Ave. Typical design and aesthetic should be as depicted below. Tensar Sierra Slope Living Wall after installation. Planned Development Overlay (PDO -14) 56 Gateway to Temecula Tensar Sierra Slope Living Wall after one year of growth. Tensar Rock Wall. Figure 17b, Wall and Fence Elevations depicts the elevations of walls and fencing not depicted above. Figure 17c, Vallejo Avenue Emergency Access Gate depicts the locked Planned Development Overlay (PDO -14) 57 Gateway to Temecula emergency access gate for PDO -14. This access will be a minimum of 30' in width and shall be equipped with a knox rapid entry system. • Fences and walls should be minimized along public and private street right-of-way. • Walls should be stepped to follow the terrain. • Landscaping should be used to soften walls. • Landscape materials will complement the architectural theme. • Stone veneer, masonry, block and wrought iron combinations are acceptable. • Wood fence material should be of the quality to stain so as to prevent rotting and weathering. • Walls may be covered with stucco in colors suitable to the architectural theme. ▪ Stone surfaces may remain natural and unpainted. • Materials, colors and textures shall be varied to create interest and relieve visual monotony. • Barbed wire, wire, electrically charged fences, corrugated metal, chain link, and grape -stake fencing is prohibited. Planned Development Overlay (PDO -14) 58 Vallejo Avenue PDO -14 Gateway to Temecula Wali. extends to 8' at the exit gate on bore -;,.; Wall Legend 8' High t exit gates 6' High Wail on a 2' Mound 4' High Wall 6' High Tubular Steel Fence on a 2' mound WI vines 2 Rail Fence Living Wall :�P. rn : :, �. t! •,r_4'.r ice. MASTER WALL and FENCE PLAN - FIGURE 17a Page 59 E� „.T SLOTS .1I\ PCSTS TO ALL::"..A. Ff):< CHA\GES OETW7EEN rOST—TYFIC L. F 3LY POT b'_J " „J .. �V t \ 1'OLY RAIL T'F FI,i `•' o - . I-.�*-- --� CONCRETE FCJTING. I � Yn y cW ..1 I 4 ALLOY '' L: LE�;k FL,'', 1v1 _ • 1 k , EN:�, OF F.•T T:: �OTT'..3, _a 1,F CO:�;:0..ETE , , .( '-� 9f.--)% C.; ' CTEI, NATIVE M ATE'1AL SECTION Two Rail Fence (White) ,11 7- I I - "xv' RAIL TY Fl CRO ELEVATION Note: The two rail fence along Vallejo Avenue shall be 3' high 6 66' 616' Stumpsicx #well, 6 tall typ team Vi1IejQ Ave Apply rn•rak.n agyregat6 Oiar .0 t'y Fiirtlrldge carp wuarr f+ Ct]io►: Srpe+ ay Md$aar t314 `;,d 5- e.leuri IC 6.r. rt` z,,04% Rear Wall Elevation P.laa1., al com t% where wail MLflh 5' Ity3cJ SO 75' rrlar [n pian I PDO -14 Gateway to Temecula ?^ x " 'REi.ALvA\I E7 pc SI •�i COVE C±' A.r E' L.: 'YAK. x 7 wC 1.TI=Y&CKETS PrP —I -5c =14T3L=� STEEL r = x EOT TO �ILS— xE� �L.TI�]N r+ffli Nov rk LI' 11� x STEEL 9CKET AT -L-1.'2' t i.0 VA): +=RIF.1ET 4; EAY: x+ P^L'r F11IS1-I Fl\I'L':H C=4_ E ' O ►TT1.'CU`, C. TOFF WALL Tubular Steel Fence with Vines BUILDING BEYOND , 4' TALL DRIVE THRU SCREEN WALL Refer to Figure 9 WALL and FENCE ELEVATIONS - FIGURE 17h Page 60 1 ' x 1 " GALV. STEEL MESH 0 GATE 5/8" SQ. T.S. BARS -4" O.C. 1 CONCRETE CAP PDO -14 Gateway to Temecula 1 "x 1-1 /2" T.S. RAILS TOP, BTM. & SIDES i P_-. 24" SSI, STEEL V -GROOVED, HIGH SPEED BALL BEARING WHEEL 1YP GATE RAIL TYP. - MOUND TRANSMONS TO GRADE TYPICAL BOTH SIDES Note: The gate shall be equipped with a knox rapid entry system 30'-0"± • 3/16" X 6" CONT, STL PLATE CENTERED ON STL TUBES. WELD ALL AROUND TYP. TtFw�l 6aivani---ed Steel Mesh fee Emarsenc, Gate Brand Name DUN KIiN Material Stainiess Steel Model Number DK -9G9 or approaee equivalent) VALLEJO AVENUE EMERGENCY ACCESS GATE - FIGURE 17c Page 61 Gateway to Temecula D. Common Space Elements Figure 18a, Outdoor Gathering Area Pians, Figure 18b, Outdoor Gathering Area Examples, and Figure 18c, Outdoor Furniture Examples, depict the potential development of common space elements in PDO -14. The name and manufacturer of the element has been provided as a guideline. A product of equal, or superior quality may also be permitted. These areas will be located at several locations in PDO -14 for outside enjoyment of commercial spaces. These spaces may contain, at a minimum: • Enhanced colored concrete paving: O Pedestrian Path: Top cast # 3, saw cut joints a@ 72" on center each way, 45 degree orientation n Seating Areas: Top cast # 3, saw cut a@ 36" on center each way, 45 degree orientation ▪ Tables. • Chairs. • Benches. • Umbrellas or permanent shade structures. • Misters. • Covered walkways. • Trellis covered walkways. • Wine barrel or terra cotta planters. The retailer is free to add additional items as desired in order to enhance the outdoor space. Planned Development Overlay (PDO -14) 62 PDO -14 Gateway to Temecula Shaded Seating Ams Concrete Walk OUTDOOR GATHERING AREA PLANS - FIGURE 1$a Page 63 TYPICAL TRELLIS STYLE COVERED WALKWAYS ENHANCED CONCRETE WI y .z t; re :'1 ,1,44 • u! 7E' rx: OV �. Jf. WINE BARREL PLANTERS PDO -14 Gateway to Temecula COVERED WALKWAYS AND OUTDOOR SEATING TYPICAL TRELLIS STYLE COVERINGS OUTDOOR GATHERING AREA EXAMPLES - FIGURE 18b Page 64 Bench (yyP i on *b ar:i , ice. i i • • Wmuma Lail 11.1.==mmE:DrrTeimm (or approved equivalent) TIP. 1 5" x 44 FWr BAR STRAP, Waa A1T O . -. 21,,,' [+4-3 ac 1� YP. 17 SO- 40 PIPE Aruba 1" __*, • %ACM PDO -14 Gateway to Temecula bi-msear n I Longport f.or appmvecC..OLI.�It', table tops bfrnseatt n g ��r Abri o; a ave° �p Eq,iivalenT OUTDOOR FURNITURE EXAMPLES - FIGURE 18c Page 65 EXHIBIT B AMENDED ZONING MAP/GENERAL PLAN LAND USE MAP Proposed General Plan Land Use Proposed Zoning PC RESOLUTION NO. 16-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922- 170-015, 922-170-013, AND 922-170-012) (PAI 4-2708)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 applications and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred, Section 2. Further Findings. The Planning Commission, in recommending approval of Tentative Parcel Map application PA14-2708, hereby finds, determines and declares that: Tentative Parcel Map application No. PA14-2708 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 8.79 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 14 zoning designation. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of overriding Consideration has been provided in order to account for temporary construction noises, greenhouse gases, and traffic on interstate 15 on ramps. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirement as they relate to passive or natural heating or cooling opportunities. C. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a commercial development. No residential units are proposed that will be subject to Quimby. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map Application, PA14-0157: A. Pursuant to California Environmental Quality Act ("CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Zone Change Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel!man Community Library located 41000 County Center Drive; and the City of Temecula website. F Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2708, a Tentative Parcel Map to divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) to allow for a commercial center generally located on the northwest corner of Temecula Parkway and La Paz Road, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit B, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss John Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-30 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oii Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41 000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Meliman Community Library located 41000 County Center Drive; and the City of Temecula website. Z:\1AGENDA MANAGER\Planning Commission Items\20161100516\Gatewayl7a-City Council Resolution Tentative Parcel Map(PA14-2708).docx D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PAI4-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report ("EIR'), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a resolution of the City Council of the City of Temecula approving Tentative Parcel Map 36862 to divide four existing parcels totaling 8.79 acres into six Tots (with two lettered lots) on the northwest corner of Temecula Parkway and La Paz Road. G. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the El R, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred Section 2. Legislative Findings. The City Council in approving Tentative Parcel Map No. 36862 hereby makes the following findings: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. Z:\1AGENDA MANAGER\Planning Commission Items1201611005161Gatewayl7a-City Council Resolution Tentative Parcel Map(PA14-2708).docx As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 8.79 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 14 zoning designation. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of Overriding Consideration has been provided in order to account for temporary construction noises, greenhouse gases, and traffic on Interstate 15 on ramps. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. Al! development must meet all Z:\1AGENDA MANAGER1PIanning Commission Items12016\1005161Gatewayl7a-City Council Resolution Tentative Parcel Map(PAI4-2708).docx appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at Large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a commercial development. No residential units are proposed that will be subject to Quimby. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA14-2708, a Tentative Parcel Map to divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) to allow for a commercial center generally located on the northwest corner of Temecula Parkway and La Paz Road (APNs 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. Z:\1AGENDA MANAGER1PIanning Commission Items12016\1005161Gatewayl7a-City Council Resolution Tentative Parcel Map(PA14-2708).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mike S. Naggar , Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CIN OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Z:\1AGENDA MANAGER1PIanning Commission Items12016\1005161Gatewayl7a-City Council Resolution Tentative Parcel Map(PA14-2708).docx EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2708 Project Description: Assessor's Parcel No.: Temecula Gateway Tentative Parcel Map: A Tentative Parcel Map for the creation of six lots from four existing lots. The project is generally located on the north west corner or La Paz and Temecula Parkway. 922-170-013 922-170-012 922-170-015 922-170-014 MSHCP Category: Commercial Retail Commercial Retail Commercial N/A Non -Residential Project DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. i- i Notice of Det.ernwilation. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 f 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 and its attorneys 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. Expiratron. This approval shall be used within 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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 up to five extensions of time, one year at a time. 5. Compliance with FIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6 Conformance with A roved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8 Red vocal Use A r ement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to the Final Map recording), which provides for cross -lot access and parking across all lots. 9. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 10. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. 11. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temeculas Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 12. Class_ II' Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Prior to Recordation of the Final Map 13. Fi«Pll dap. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 14. Environmental ConstrE [lit Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) SCH No. 2015061086 was prepared for this project and is on file at the City of Temecula Planning Division. c. This project is within a Liquefaction Hazard Zone. d. This project is within a Subsidence Zone. 15. Submittal o i CC& Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 16. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 17. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 18. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 19. CC&Rs and Mann ementiMaintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 20. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 21 T rr i.n hi_ p. Qf _& . The CC&Rs shall provide that the association may not be terminated without prior City approval. 22 CC&Rs and Maintenance o f 1:.)fop r t . The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 23. -Interest in Association'. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 24. Maintenance of pen Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 25. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 26 Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (insert #) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 27 Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEM ECU LA 1. The Conditions of Approval of Tentative Parcel Map Number 36862 requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 28, O eratior of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29 Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 30. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 31 Public Access Easement. A public access easement shall be provided, on the final map, for the trail located along Vallejo Road. Outside Agencies 32. General. The project must comply with all requirements set forth by Southern California Edison's letter dated July 22, 2016, a copy of which is attached herein. PUBLIC WORKS DEPARTMENT General Requirements 33. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 34. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 35. Grading_ Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 36. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 37. PW -035; Im rovement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with CalTrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 38. Private Draina a Facilities. All onsite drainage and water quality facilities shall be privately maintained. 39. Parkway La ndsca . All parkway landscaping areas shall be privately maintained. 40. Trait along ' air* Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. Prior to Recordation of the Final Map 41. Plans reements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 42. Right-ofR Vay Dedications.. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 43. Environmental Constraint Sheet(E. . The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 44. Ctearance. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. CalTrans; b. Riverside County Flood Control and Water Conservation District; c. Rancho California Water District; d. Eastern Municipal Water District; or other affected agencies 45. Ri.lt of Access. Relinquish and waive right of access on the Parcel Map as delineated on the approved Tentative Parcel Map: a. Temecula Parkway with the exception one 60 -foot wide opening; b. La Paz Street with no opening; and c. Vallejo Avenue with the exception of one 30 -foot wide opening. 46 Existing/Current Easements. All underlying existing andlor current easements encumbering the property shall be vacated/abandoned/relinquished respectively with separate instruments or upon recordation of the Parcel Map. 47. Easements. Note the following; a. A note shall be added to the Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 48 Public eet Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RMI} to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RMI} to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' RMI) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified -- 66' RNV) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway a@ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway ac La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz StreetlYnez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 49, Un ergr unding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 50. Linder roundin Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 51. Ap ,uisition of tfsit Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract or Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 52. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 53. Properly Taxes. Any delinquent property taxes shall be paid. 54. Election Proceeding. The developer shall file a notice of intention with the Finance Department to initiate election proceedings for acceptance of street lighting into the appropriate maintenance program (Service Level B). All cost associated with this process shall be borne by the developer. 55. Parcel Gegmetry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 56. BeLquired Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from affected agencies. 57. Gradin /Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 58. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 59 NPDESGeneral Permit C m!l n + . The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (MIDI D) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http:1lwww.waterboards.ca.govlwaterissues/programslstormwater/construction.shtml 60. Water Quality Management Plan (WQMP and O&M A reement.. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.Temecu laCA. govNVQM P 61. Area Dai rage Pian Ae to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 62. Drainage Stay. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 63. Sods Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 64. Gpologicai IeDort. The developer shall obtain approval from the County Geologist. 65. Letter of Permissjon/Ewment. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 66. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) 67. lTi .i ]I Mal). Parcel Map shall be approved and recorded. 68. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 69. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 70. Precise Grading. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. 71. Street lid, The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay t{he advanced energy fees. If not obtaining a budding permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. Prior to issuance of a Certificate of Occupancy 72. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 73. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 74.ilrfr_Cijcs.. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 75. E- e laceruterii of Dard firer royal-lents/Monuments. nts. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 76. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. FIRE PREVENTION General Requirements 77, Life Safety Conditions. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau under the Conditional Use Permits for this development and Development Plan. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. SOL I;IFIoN EDISON f,, City of Temecula 41000 Main Street Temecula, CA 92590 Attention: Planning Department Subject: Parcel Map No. 36862 July 22, 2016 Please be advised that the division of the property shown on Tract Map No. 36862 will not unreasonably interfere with the free and complete exercise of any facilities and/or easements held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (909) 274-1087, tfTil Salvador Flores Title and Real Estate Services Real Properties cc: Utility Specialist PC RESOLUTION NO. 16-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4- 2709)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Conditional Use Permit Application No. PA14-2858 hereby finds, determines and declares that: Conditional Use Permit application No. PA14-2709 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed conditional uses are consistent with the general plan and the development code. The conditional uses will consist of an automobile service station with a car wash and convenience store selling alcohol (Type 20 License). These uses are permitted upon the approval of a Conditional Use Permit per the proposed Planned Development Overlay. The uses are also consistent with the proposed Community Commercial General Plan designation proposed by the project. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is located north of the project site. However, approximately 750 feet separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. Per the City of Temecula Development Code, the proposed car wash will be fully screened from the residential across Vallejo Avenue. In addition, the use will be supervised by several employees during operating hours. The proposed operating hours are consistent with Development Code requirements. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. A school and City operated park-and-ride are also adjacent to the project site. The alcohol use is approximately 750 feet from the entrance to the school. The Development Code requires a distance of 600 feet. The structure housing the conditional uses will be separated from the nearby residential with a six foot high wall. Therefore the uses are 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA14-2709: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an EIR of the potential environmental effects of the approval of the Project, including the Zone Change Application would be necessary. B, On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2709, a Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and carwash to be generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luk: at on Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss ‘? John Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-31 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS 0 PLANNING COMMISSIONERS: NONE 1 PLANNING COMMISSIONERS: GUERRIERO 0 PLANNING COMMISSIONERS: NONE ke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PAI 4-2709, A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel!man Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Pian Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PAI4-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving Planning Application PA14-2709, a Conditional Use Permit for a gas station with a convenience store (including the sale of alcohol per ABC Type 20) and car wash to be generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012). G. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the conditional use permit for a gas station with a convenience store (including the sale of alcohol per ABC license type 20) and car wash (PAI4-2709), pursuant to Temecula Municipal Code Section 17.04.010, hereby finds, determines and declares that: A. The proposed conditional uses are consistent with the general plan and the development code. The conditional uses will consist of an automobile service station with a car wash and convenience store selling alcohol (Type 20 License). These uses are permitted upon the approval of a Conditional Use Permit per the proposed Planned Development Overlay. The uses are also consistent with the proposed Community Commercial General Plan designation proposed by the project. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is located north of the project site. However, approximately 750 feet separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. Per the City of Temecula Development Code, the proposed car wash will be fully screened from the residential across Vallejo Avenue. In addition, the use will be supervised by several employees during operating hours. The proposed operating hours are consistent with Development Code requirements. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. A school and City operated park and ride are also adjacent to the project site. The alcohol use is appoxima tle y 750 feet from the entrance to the school. The Development Code requires a distance of 600 feet. The structure housing the conditional uses will be separated from the nearby residential with a six foot high wall. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 director, planning commission, or city council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2709, a Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and car wash to be generally located on the nort west corner of La Paz Road and Temecula Parkway APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mike S. Naggar, Mayor ATTEST Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CIN OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES- COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN COUNCIL MEMBERS: ABSENT COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAI 4-2709 Project Description: Assessor's Parcel No.: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC License Type 20) and car wash to be generally located on the north west comer of La Paz and Temecula Parkway 922.170-014 922-170-015 922-170-013 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A Non -Residential Approval Date: Expiration Date: PLANNING DIVISION General Requirements 1. 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 and its attorneys 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. 2 Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 3 extensions of time, one year at a time. 4. Compii; iiiee with The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016). 5. Conformance w_11,1Approved Pla . The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Wale'Quality_and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles on-site (with the exception of vehicle washing within the approved car wash). c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 8. Modifications o r Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Sale of Motor Vehicle Fuel and Alcoholic Beverages. Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for of premises consumption shall abide by the following conditions: a. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. b. No sale of alcoholic beverages shall be made from a drive-thru window. c. No display or sale of beer or wine shall be made from an ice tub. d. No beer or wine advertising shall be located on motor fuel islands and no self -illuminated advertising for beer or wine shall be located on buildings or windows. e. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. f. Regular hours of operation shall be between (enter hours), (enter # of days) days each week. 10. Statement of O erations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. 11 Previous_Conditions of A r val. All previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 13. 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. 14. Property MMiainterance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 15. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 16. Landscape 1 ll t� resister t with CoCons ructipn dans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 18. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 19. Compliance with Conditions of Ap r v l . All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 20. Cprngliance with Dept. pf. Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 21. Compliance with EMWQ. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated January 12, 2015, a copy of which is attached. BUILDING AND SAFETY DIVISION General Requirements 22. Final Building andafe(y Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 23. Compliance wilt) Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 Califomia Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 24. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot Tots and picnic areas. 25. Count of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 26. Street Addresser. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 27. Clearance from TQ. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 28. Obtain ?5p ro als Poor to Cnslr ucti n. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 29. Obta[n]ng ObtainingSeparate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 30. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 31. Hours of Constructipr i. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 32. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 33. -AIhI tiiU uiM ['i ns acid Cal u1atipins. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 34. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 35. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. Prior to Issuance of Building Permit(s) 36. Plans Require Stamp of Registered istered Professi no]. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 37. Fireydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2» outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 38. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 39 Fire Dept. Pian I ev w. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 40_ Fire Frow, The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow can be available from public and/or private water systems. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 41 Access RoadWitl. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 42. All W.Q.other Access Roads. . Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 43. (3..cquired Submittals (Fife underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 44. Ruquired Submittals (Fire . Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit 45. Required Submittals _Fire_ .larm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit Prior to Issuance of Certificate of Occupancy 46.lydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020) . 47. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 48. Ado essInq. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high fetters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 49. Site 'I n. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). 50.dditlonal Submittals Fire Above/Below rou nd Tn n s . The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 57 and City Ordinance 15.16.020). 51 Additionai ii bni tta is 1.-I . a rd us M ateri_a ). The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 1 and 50 through 67 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements 52. X42 License. The applicant has applied for a Type 20 License. The applicant shall apply for an ABC Type 20 license. An ABC Type 20 license authorizes the sale of beer and wine, for consumption off the premises where sold (gas station & convenience store) Minors are allowed on the premises. Food service is not required. 53. Consumi tion 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. 54. 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. 55. 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. 56. 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). 57 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). 58. 1ppection. 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). 59Envio______TraeatEcation 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. 60. Questions ReQardln Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. Boar/ of Directors President Randy A Record Directors Joseph J Kuebler, CPA Philip E Paulo David J. Slawson Ronald W. Sullivan General Manager Paul D. Jones 11, P.E Treasurer Joseph J. Kuebler, CPA Chairman of the Board, The Metropolitan Water District of So. Calif. Randy A. Record Legal Counsel Lemieux & O'Neill January 12, 2015 EASTERN MUNICIPAL WATER 1D1STRIC:T S;Nci. I y'O Mr. Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, Ca. 92590 .14N20.2010 Re: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for a gas station with a convenience store and car wash to be generally located on the north west corner of La Paz and Temecula Parkway. Case/Plan Number: PA 14.2709, APN 922-170-013 and PA 14-2707, APN 922-170-015. Dear Mr. Jones, The subject project requires sewer services from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (P05), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our "New Development Process" web page, under the "Businesses" tab, at www.emwd.orq. This meeting will offer the following benefits: 1. Describe EMWD's development work -flow process 2. Identify project scope and parameters 3. Preliminary, high level review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a Plan Of Service (P05) will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. �frri�ir�g Acldress: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location. 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org The POS process will provide the following: 1- Technical evaluation of the project's preliminary design 2- Defined facility requirements, i.e. approved POS 3- Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have questions or concerns, please do not hesitate to contact me. Sincpfely, Maroun EI -Hage, M.S., P.E. Senior Civil Engineer - New Business Dept. - Extension x4468 --+q_err� . c - PC RESOLUTION NO. 16-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI4-2710)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-through facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Conditional Use Application No. PA14-2710 hereby finds, determines and declares that: Conditional Use Permit application No. PA14-2710 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed conditional uses are consistent with the General Plan and the Development Code. The conditional use consists of a drive-through facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is also consistent with the proposed Community Commercial General Plan designation proposed by the project. The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-through. These measures will help ensure that the visual impact from the drive-through will be minimal. The drive-through meets all requirements of the Temecula Development Code including stacking distance. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. The drive-through will be located adjacent to Temecula Parkway and is screened. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 director, planning commission, or city council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit, PAI4-2710: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Conditional Use Permit Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Availability indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. The Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: L eWatson. Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss a I -1,g John Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-32 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS 0 PLANNING COMMISSIONERS: NONE 1 PLANNING COMMISSIONERS: GUERRIERO 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA14-2710, A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0157, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-through facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project) were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-through facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , A Resolution of the City Council of the City of Temecula Approving Planning Appliation PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012). H. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. 1. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred Section 2. Legislative Findings. The City Council in approving the Conditional Use Permit for a drive-through (PAI4-2710, pursuant to Temecula Municipal Code Section 17.04.010, hereby finds determines and declares that: A. The proposed Conditional Uses are consistent with the General Plan and the Development Code. The conditional use consists of a drive-through facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is also consistent with the proposed Community Commercial General Plan designation proposed by the project. The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-through. These measures will help ensure that the visual impact from the drive-through will be minimal. The drive-through meets all requirements of the Temecula Development Code including stacking distance. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and very Low density residential uses. The drive-through will be located adjacent to Temecula Parkway and is screened. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA Mike S. Naggar, Mayor 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of _ by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS. ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT B 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 B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PAI4-2710 Temecula Gateway CUP: A Conditional Use Permit to allow a drive-thru for a proposed coffee shop generally located on the north west corner of La Paz and Temecula Parkway 922-170-015 922-170-013 922-170-014 Commercial Retail Commercial Retail Commercial N/A Non -Residential Project General Requirements 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 and its attorneys 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. 2 E r t;_on. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant 5 one year extensions of time, one year at a time. 4, Compliance with FIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH #2015061086, September 2016). 5. Conformance with Approved Raps. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6 Water Quality and Draina. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 7. MM _uifcations 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. Previous on d iti o ns of Approval. All previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. City Review and Modification of UP. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Scr cenir,tg of Loading Area. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 13. Landscape In toIlation Consistent with Construction Pla s. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 14. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 15. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 16. C.olce with COnclitiPilS of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 17. Final Building and Safet rtiiion . Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 18. Compliance r it h Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 19. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot Lots and picnic areas. 20. Count of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 21. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 22. Clearance ti DM TV S . A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 23. Obtain Approvals Prior to.:p.rk r` q!io . Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 24. Obtaining Separate A royals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 25. Sewer and Water Plan On-site sewer and water plans will require separate approvals and permits. 26. fjours of nstrj ; onn. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 27. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 28. Su_bniutir g _plans _a_nd Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 29. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 30. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 31. i ie-Coastr uct orn Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 32. Fire Qom_, Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Building Permit(s) 33 Required Bubmittals Fire Underground W t r). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop, Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). If the water line was installed up to the building on the master underground water plans then this permit will not be required for this building. 34. Required _ n)kttof fire Sprinkler Byste i . Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 35_ IR eciuhT.,ci Submitt4§ifire A,twmSns . Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 36. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 37 Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). PC RESOLUTION NO. 16-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170- 013, AND 922-170-012) (PAI6-0090)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Development Plan Application PA16-0090 hereby finds, determines and declares that: Development Plan application No. PA16-0090 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA15-0090: A. Pursuant to CEQA, City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Development Plan Application would be necessary. B On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Meliman Community Library located 41000 County Center Drive; and the City of Temecula website. F Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PAI 6.0090, a Development Plan application to allow for the construction of an approximately 37,000 square foot fitness facility within the Temecula Gateway project site generally located on the northwest corner of Temecula Parkway and La Paz Road, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST. ke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) k' John Telesio, Vice Chairperson L 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-33 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOU MANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke V atso n Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170- 013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PAI4-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P 011 Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving planning application No. PA16-0090, a Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-014, 922-170- 015, 922-170-013, AND 922-170-012) . H. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. 1. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred Section 2. Legislative Findings. The City Council in approving a development plan application to allow for the construction of a fitness facility totaling approximately 23,666 square feet, consisting of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure generally located on the northwest corner of La Paz road and Temecula (PAI4-2707), pursuant to Temecula Municipal Code Section 17.05.010, hereby finds, determines and declares that:: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development wilt be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA16-0090, a Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located on the northwest corner of Temecula Parkway and La Paz Road, subject to the Conditions of Approval set forth on Exhibit B, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CIN OF TEMECULA Mike S. Naggar, Mayor 1, Randi Joh!, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: RandiJohl, City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0090 Project Description: LA Fitness Development Plan: A Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located on the northwest corner of Temecula Parkway and La Paz Assessor's Parcel No.: 922-170-012 922-170-013 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A Non -Residential Project Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval Fin Filina Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 incienmriificat o_n of the . The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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 three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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 up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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. 7. Si_� na_g erits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. 13Lirrowing Owl Study§u.birlittaI. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water Quality. and Dr-air,ag . other than stormwater, itis illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12_ Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. (laterials and Colors. 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 City staffs 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. Main Walls, Merlex Stucco Santa Barbara Smooth Finish, colors, Desert Beige - Flintridge - Moonshadow -- Terracotta; Board and Butten Siding, color, Sandstone; Accent Siding, Corten Steel; Trellis, Corten Steel; Accent Wall, Horizontal Seam Butted Board Siding, color, Sable Brown. 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16 Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17_ Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple Tots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19 Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21 Ar t Ordiriallce. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22 Property Mar tf. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class 1 Multi-Use Trails. Class I multi-use trails shall be provided as per the City of Temeculas Multi-Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 24. 1 V_EAcjclq Lanes. Class 11 bicycle lanes, as specified in the City of Temecula Multi-Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. ArchaicallCultural Resources Gradif igNotQ. The following 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development." 28. Cultural Resources Treatment Agr etu nk. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Dtscovery of Cultural Re ouEces. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Ai chn olc i al Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31 Tribal Monitoringf Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinqu.rnt of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33 . I r ser vati n of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35 Burrowinj Owl rra(Iirici Not. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to issuance of Building Permit 37. Parking Area Landsca . The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation Uniform Mille n Fee. (11.)6.1117). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39 Down i pou_ts. All downspouts shall be internalized. 40 Developmerd I n pt L __CC IeF]. The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 41_ Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 42. Construction La ridsca in and Irri atroli Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Lndscaping Site inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Agronomic Soils Fart. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 46. Laocisslpe Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the Tong -term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 47. Specifications of Landscape Mintenance P'ro ram. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48. Ire i ati n. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 49. I-hirdscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Prgp_i _ ra it � �?ior . Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 51. Building Constructipn Plans for outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 52. Laodscapiq g Re for Phased Develops ent. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 53 WOW' Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 54. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 55. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 56 Landscape f!I tajlation Consistent with Construction Plans_. AH required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 57. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 58. Installation of Sit? Improypments. All site improvements, including but not limited to, parking areas and striping shall be installed. 59. Compliance with ondition _of Ap_pro al. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 60. [ Icd Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 3, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 61. Compliance_with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 62. Qompliance with EMvD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated February 29, 2016, a copy of which is attached. 63. Compliance with fCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated February 22, 2016, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 64. Conditions_ of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 65, Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 66, Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 67. Haut Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 68. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 69. treut ov rirent Mans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 70. Rig ht-of-Wa Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 71. igirg 8, Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 72. Storm Drain improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 73. PI Nate Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 74. Parkandsca. All parkway landscaping areas shall be privately maintained. 75. Taal aln_'llejo Avenue. The 8 -foot wide D.G, trail along Vallejo Avenue shall be privately maintained. 76. Concurrent appliotions. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 77. Environmental Constraint Sheet (ECS. The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 78. Required Clearances, As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 79. Grading/Erosion & Sediment • ontrol Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov1ECM 80. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 81 NPDES Ggneral Permit cpmpliniice. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http:I/www.waterboards.ca.gov/water issuesiprograms/stormwater/construction.shtml 82. Water Quaid a n ' ment Plan WOW' and O&M A. reennen t. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 83. Area Drainage PJan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 84. CJfa ria . All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 85. D_rairge Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 86 oir_prt. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 87. Geo tical Report. The developer shall obtain approval from the County Geologist. 88. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The documents format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 89. Ingres$1EcIress I= a en i rpt. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 90. ightt_Distp. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 91. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound on Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 92. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 93. Public laic_ y_ Work. The developer shall submit aII relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 94. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 95. ! i .Q. I1enI Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 96. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 97. Final Map. Parcel Map No. 36862 shall be approved and recorded. 98. Prior to Issuance of the first Bui ldi n Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 99. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B -- 134' (min) RNV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RNV} to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RAW) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' R/W) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway ac La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 100. Pr ror to Issuance of the last Bui:din Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 101. Undergroundfng Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 102. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 103. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad. Prior to Issuance of a Certificate of Occupancy 104. Prior to Issuance of the first Certificate of Occu anc . All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 105, Cipinpietion of imprpvernents. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 106. tility Ag npy Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 107. Re lacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 108. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 109 Final Building lding and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 110, Con fiance wah Coclo. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 111. county of Even side Mount i =' ri rmi rthn21ncc•. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 112 Street ddressir . Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 113. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 114. Obtain Apprl_ Pricrip Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 115. Obtanin Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 116 D moi ron. Demolition permits require separate approvals and permits. 117. 5ewer and WaterPlan ,approvals. On-site sewer and water plans will require separate approvals and permits. 118_ Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 119. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 120. Protection of drains and enetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 121 Submitting Plans and Calculations. Applicant must submit to Building and- Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including Toad calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 122. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 123. Demolition Permit. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 124. Plans Require Stamp of Registered Profe.ssional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 125. f i _ ori str'u ct ri IL tiri j. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 126. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 127 Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 128, Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 129. Access Road 1f' idt h . Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 130. :1 wo Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 131 AllWeather Access Rom. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 132. Required Submittals (Fire Underground ateq ). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 133. Required Subrnittal Fir B rinl rS stems . Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 134. Required Submittals (Fire Alarnns). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 135. Hydrant V riff tIon. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 136. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 137. Addre5sing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 138. Sits Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 139. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 140. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 141. Berm Height. Berms shall not exceed three feet in height. 142. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 143. Exterior Door Lihting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 144. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 145. Outdoor L g hti rig During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 146 Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 147 Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 148. Aimini System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 149. Roof Hatches. All roof hatches shall be painted "International Orange." 150. rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 151 Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 152. Crime. PreiThrou h nv r nm I_e:Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe Locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space, The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 153 Business Security Suivey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 154. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WELLIAMS Genet a Manager -Chief Engi neer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 3, 2016 Ladies and Gentlemen: Re: PA 16-0090 1995 MARKEI STREET RIVERSIDE, CA 92501 951 955.1200 FAX 951 788 9965 www,rcflood.urg 202965 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the limits of the District's Murrieta CreeklTemecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project !rnay require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Cor,trol Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project invo Iik, es a F:deral Emergency Management Agency (FEMA) mapped floodplain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require_ the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a ,Section. 1602 .gi'eo`no1 t from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S A,• t n Corps cif Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, fr• R 01,1\10 ``- Engineering Project Manager c: Riverside (, n rity P 1 ann:n -, Department Attn: K-isti Lovclady SKM: blm : rlp Board of Directors President Randy A. Record Vice President David J S l awson Directors Joseph J Kuebler, CPA Philip E Paule Ronald W Sullivan General Manager Paul D Jones 11, P_E Treasurer Joseph J Kuebler, CPA Chairman of the Board, The Metropolitan Water District of So, Calif Randy A Record Legal Counsel Lemieux & O'Neill February 29, 2016 _,ASTERN MuN!cIrAI. w 1 1 1- 8 1 y f I k 1 1 City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Eric Jones Subject: LA Fitness Development Plan located at Temecula Gateway Project Site APN: 922-170-013 Location: NW corner of Temecula Parkway and La Paz The subject project requires water and sewer services from EMWD with the potential requirement for on-site and offsite facilities and associated easements to adequately serve the project demands from existing EMWD facilities. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our "New Development Process" web page, under the "Businesses" tab, at .emwd.org. This meeting will offer the following benefits: 1. Describe EMWD's development work -flow process 2. Identify project scope and parameters 3. Preliminary, high level review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a POS will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The POS process will provide the following: 1. Technical evaluation of the project's preliminary design 2. Defined facility and easement requirements, i.e. approved POS 3. Potential facility oversizing and cost estimate of EMWD's participation 4. Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have qu Sincerely, C7L.� ons or concerns, please do not hesitate to contact me. at-se."001 Maroun El -Hae, M.S., P.E.; Senior Civil Engineer Business Phone: 951-928-3777 Extension x4468 e-mail: El-hag_trri@ernwct ow. Mailing Address; Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www,emwd,org L Rancho water Board ni Directors William E. Plummer President Ben R. Drake Senior Vice President Stephen .1. Corona Lisa D. Herman John E. Hoagland Danny J. Marlin Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Richard R. Aragon, CPFO Director of Financef[reaswer Jason A. Martin Director of Administration Rich Ottolini, R.E.H.S.,MSL interim Director of Dperat ons & Maintenance Andrew L. Webster, P.E. Chief Engineer Kelii E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel ).4- . rpb .. i. 64, r ; f �� February 22, 2016 Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY LA FITNESS; LOT NOS. 1 AND 2 OF TRACT MAP NO. 3750; APNS 922-170-013 AND 922-170-012; PA 16-0090 [SHERRIE MUNROE] Dear Mr. Jones' Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue and an existing 20 -inch diameter recycled water pipeline within Temecula Parkway. Please refer to the enclosed exhibit map. Water service to the subject project/property exists (under Account No. 3012052, Location No. 2009373). Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such `common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. f#ancluui ( Iirnr hurl '%'iter District 42135 Winchester Road ■ Post Office Box 9017 ■ Temecula. California 92589-9017 • (951) 296-6900 • FAX (951j 296-6860 • WNW ranclrow<<ter.com j Eric Jones/City of Temecula February 22, 2016 Pale Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Services Representative Enclosure: Exhibit Map cc: Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Corry Smith, Engineering Services Supervisor Sherrie Munroe, MDMG, Inc. 161EP :hab0061F450WEG Rancho (alifoi aria l'Jtf!r (District :15 Win( hr, hn.1 0111; j'i'llle.Clll l_ •1,'1I,irirn1Fz 9258 9ti ! 7 I7 1; 296 f;q09 FAY_ ),t'6-11kEif 1 onr iiriw, i i r r it PC RESOLUTION NO. 16-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAILIRESTAURANT STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THRU RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2707)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PAI 4-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval Development Application PA14-2707, hereby finds, determines and declares that: Development Plan application No. PA14-2707 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA14-2707: A. Pursuant to CEQA, City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Zone Change Application would be required. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On Ocotber 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2707, a Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail/restaurant structure, office/retail structure, and drive- thru restaurant structure. The project is generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTES Le Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss __\VLYN Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-34 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS 0 PLANNING COMMISSIONERS: NONE 1 PLANNING COMMISSIONERS: GUERRIERO 0 PLANNING COMMISSIONERS: NONE Luke atson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAIL STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THRU RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2707 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14--2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 5, 2016, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the EIR. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PAI4- 2858, a General Plan Amendment. H. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred Section 2. Legislative Findings. The City Council in approving a development plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet, consisting of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure generally located on the northwest corner of La Paz road and Temecula (PAI4-2707), pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2707, a Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail structure, officeiretail structure, and drive-thru restaurant structure. The project is generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012), subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mike S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CIN OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT. COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2707 Project Description: Assessor's Parcel No.: Temecula Gateway Development Plan: A Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail/restaurant structure, office/retail structure and drive-thru restaurant structure. The project is generally located on the north west corner of La Paz and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) 922-170-015 922-170-013 922-170-014 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A Non -Residential Project Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1 Tiling Noticeof Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 thty. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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 up to five extensions of time, one year at a time. 5. Comirr,t SIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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. 7. A separate building permit shall be required for all signage. 8. Landcae Maintenance.. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrring Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water Quality and. Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12 1photogrAphic Forints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. 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 City staffs 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. Building A: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Parchment; Trellis, Heavy Timber Wood Trellis with Corten Steel Facia; Verticle Siding, Butted Board 12" BD, color Hemlock Green; Base, Granite, Native Gray Rock Face. Building B: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray; Vertical Board and Bat Siding, 2 1/2 Batt over 12" BD, color Autumn Red; Trellis, Heavy Wood Timber Trellis with Corten Steel Facia; Base, Granite, Native Gray Rock Face; Mechanical Screen, Coten Steel. Building C: Main Walls, Santa Barbara smooth finish stucco, color Desert Beige; Roof, Standing Seam Metal Roof, color Charcoal Gray; Trellis, Heavy Timber Wood with Corten Steel Facia; Trellis Support, Corten Steel pipe; Mechanical Screen, reclaimed barn wood, Base, Granite, Native Gray Rock Face. Building D: Main Walls, Santa Barbara Smooth Finish, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray & Parchment; Vertical Siding, Butted Board 12" BD, color, Sable Brown; Stair Screen, Cementitious Board Smooth, color, Sable Brown; Roll -Up Doors, color El Cajon Silver 14. Modifications or Revisions:. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17 Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18 Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Art ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class! Multi -Use Trails. Class 1 multi -use trails shall be provided as per the City of Temeculas Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 24. Class 11 Bicycle Lanes. Class 11 bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. ArchaeologicaKultural Resources G r. di rnrq Note. The following 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development." 28. Cultural Resources Treatment A reement, The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29_ Usvey of cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30, .rclaeologil Monitoring of j:iurJ._.rurs. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31. Tribal Monitorof Ctiftural fesoucces. The foliowing shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. [erinluhnt of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The foliowing shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 37. Pal king Area Lancisix. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation niform Miliiption Fee TUMI-_l.. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downspouts. All downspouts shall be internalized. 40. Deveto ni nt_ I mp ct Fee_ (1)111. The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 41. Photometric Plan,. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 42. Construction Landscaping and l rrig tipn PIa n s. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Agronomic Soils F eporl. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 46 Lanidscgp Maintenance Program. - A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 47. pecificatip _of Landscape Maintenance Pro ram. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48, Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 49. Hardsca in . The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Precise Gradinc l- lanti3. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 51. Buildinci Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 52. Landscaping Requirement for Phased Development If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 53. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 54. til ty__ reening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 55 Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. 56. Screening of Loading Areas,. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 57. Landscape installation Consistent with Construction Plan §. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 58. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 59. InstaIratlon of 5ite lmpr erripnt . All site improvements, including but not limited to, parking areas and striping shall be installed. 60. Copiplrnce with Conditions of Approval. All of the foregoing conditions shall be complied with prior t0 occupancy or any use allowed by this permit. Outside Agencies 61. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated August 28, 2014, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 62. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated August 14, 2016, a copy of which is attached. 63.orn ce with EMWD. . The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 22, 2014, a copy of which is attached. 64. C m pJ i a n e with R ON . The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 17, 2014, a copy of which is attached. 65 Gt °ncmr. The applicant shall comply with the recommendations set forth in the County Geologist transmittal dated April 14, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 66. Condditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 67. I r7.0W I C.f U t A, ppFOVI I. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 68. Precise Grading P °ii i t. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 69. Haul Route ['print. it. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 70. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 71. Street Improvement F tans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 72. Figi All easements and/or right-of-way dedications shalt be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 73. it i 1 .& Striping Ran. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 74. Storni Drain Improvelresit P ra r s. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 75. Private L r in g Facilities. All onsite drainage and water quality facilities shall be privately maintained. 76. _P ray Landscaping. All parkway landscaping areas shall be privately maintained. 77. Trail along V II jo Avenue. The 8 -foot wide Q.G. trail along Vallejo Avenue shall be privately maintained. 78. Concurrent Approvals. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 79 Environmental Constraint Sheet agSQ. The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 80. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 81. O adin /Erosion& Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 82. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 83. NPDES General Permit cp22pCiance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDI D) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtmI 84. Water Qualit 1ana_geent Plan (WQMP and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www. Temecu IaCA.gov/WQ M P 85. Area Drainage PIenDP Fro F CP WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 86. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 87 p4nage $tardy. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 88, Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 89. Geologicar Report. The developer shall obtain approval from the County Geologist. 90 Letter of P rrni sion/Easer nnt. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 91.tDistance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 92. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway DrivefTemecula Parkway a. Northbound on Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 93. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 94. Public ity en y Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 95. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the CalTrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 96. I rovern nt Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by CalTrans and Public Works. 97. Street Trenchhii- . All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 98. Finn! M M p. Parcel Map No. 36862 shall be approved and recorded. 99. Prior to Issuance of th_e first_ Building Pernilt. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 100. Construction of Street Imvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RNV) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/VV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' RNV) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway a7 Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway �7a La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz StreetlYnez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 101 - Prior to Issuance of the last PPermit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga ParkwayfTemecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith RoadfTemecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 102. Jndergrouridinci Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 103. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 104. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 105. Pyr to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 106. Compietion of improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 107. OtRity_Agency Cletgrances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 108. Replacerx nt of Damaged Im rovements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 109. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 110 Final Building and S.afty_onditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 111. o 1pliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 112. Green Mosures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 113 Disabled ,cr}t2s. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 114. County_ of Rivecside Mount Palm -nal Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 115. Street Addrei,ng. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 116. Clearance from T'. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 117. Obtain Approvars Prior to.c. onstrutio. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 118. Obtaining Separate Approve is rid Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 119. Demolition. Demolition permits require separate approvals and permits. 120, Sewer and 'r PJ_on Aro. On-site sewer and water plans will require separate approvals and permits. 121. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 122. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 123. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 124. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 125. f7iit+f Permit. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 126. Plans Require Starnp of ReciisterQd_Pmkssional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 127. re onstrtu t on A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 128. Fire Hdrauts. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 �/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 129. Fire Hydrant Clearance,. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 130. Fire De t. Pan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 131. Fire Flow. The Fire Prevention Bureau is required to seta minimum fire flowforthe remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 132. Access Road Widths. dlhs. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 133. Two Poit__cc. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. The second point of access off of Vallejo Drive will be for emergency access only and will be equipped with a knox rapid entry system. (CFC Chapter 5) 134. Ail Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). 135. Riming Radius. Dead end fire lanes, roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus with an outside turning radius of 45 -feet. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 136. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the hydrants supplying the site. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 137. 13.equire Suter)Jittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. 138. Required Submittals (Fire Alar, m Sys -twig Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. Prior to Issuance of Certificate of Occupancy 139. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 140. Hydrantt 'e ficatipn. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 141. Et_ Box. A "Knox -Box" shall be provided for each building. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 142. Adresi lg. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 143. Site Pian. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 144. Lane cape Heigh!. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 145. Tree PrurAlg. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by `wvould-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 146. Berm Height. Berms shall not exceed three feet in height. 147 rprligriting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 148. Exterior- [r..il t1,ir All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 149. Exterior. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 150. Outdoor Lig i tir Durini Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 151 Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 152. Gr 11101 1- (i'r i v -iI. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 153. (I , i rim Steam. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses Located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 154. Roof Hatches. All roof hatches shall be painted "International Orange." 155. RofLopAddre. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 156. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 157. ADA Parte. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 158. Crime Prevention Through Environmental Desi n. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCR) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 159. Business S c [ijy Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 160. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD ( ON IR( AND WATER CONSERVATION I)1 1 1SeA City of Planning De artmerrI 4/9 Post Office lox 9033 Temecula, California 92589-9033 4/ 1'P)S MAW< 1 1200 [/\\ (PiI . � `; (No') 163553 Attention: Eric Jones Ladies and Gentlemen: Re: TAI.4-0167 Ilie District does not norrur. t i recommend co� dtt tons i w' [tin(' tincl divisions or other ther ¢ rnd use CAWS in incorporated rcorpo$ttcd c mics . 1;6ISipt also does not plan check city !and use ca,,es.. or provide Stale Division Real state letters orother flood h zardreports for ,���i�c�rs35w District commentsfrecoinmendations for such cases are normally Itinitcd to iters of specific interestto the District including District Mzrster Drainage f l r,n t rc i I [tics. other regional flood control and drainagefacilities which could Inc. considered r logical al cora onent or ext .slam 01° a master plan ,system, and District Area Drainage flan toes (cls vel rprttent mitigation fees). I n ai cl i 1 ion, information ()fa general nature is provided. The District has not reviewed the proposed project in detail and the following checked coninments do not in any way const i lute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safetyor anyother such issue: No comment. X This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan ,dilli Ies. lite District will accept ownership of such t rc i l itics ori written request or the, City. Facilities wrist be constructed to District tancl ids, and Districtplan checkand inspection will he required for District acceptance. Plan check. inspection °r nd administrative fees ill be required, This - project proposes channels, storm drains 3( inches or larger in diameter or other facilities that coup. be considered re - for rl in nature rtd/ . r n a ,. e _ y l real extension ��t die adopted , Dr�airn{ } Plan. The District would consider accepting ovirrrcr'shi _� f° stick iliti s on rl y Master # l � r�ttc�rr request oldie City. Facilities must be constructed to District standards, and District plait cheek and inspection will be required for District acceptance. Play check, inspection and administrative Fees will be required. q X This project is located within the limits cit'the district's Murrieta Cry: kfrerneeuI r Valle Area Drainage Plan tar which drainage lees have been adopted: applicable f z p p � a able l� s � o�� �,� pa rel � Fees t rer s c �cc or money order only �� to tite Flood Control District or in prior to issuance of _,� .e ,s e issuance � p grading permits. l Tc.s to be paid should be at the elite: in effect in the time of issuance o 1 the actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further information contact the District'sencroachment 1 permit s�ctro�r at 95 � .9S5.I2oo. ENEMA L I FORMATION t lr i. i r•oject may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources ur es Control 1 oz:rd. Cl Nuance For gr` rdmg. recordation or other !Thal approval should not be given until the City has determined that the project has been granted a perm i i or is shown to be exempt, 11 this project involves nvolves a Felly £ r EmergencyManagement Agency (FEMA) mapped flood plaintint then en the City should require the applicant to provide all studies, calculations. plansand other information required to meet 1TMA requirements. artS/10111(1 Icer iiil recun that the applicant obtarr a �nd�taer�l Letter of MapRevision (CLOMR) prior to gr�c•ng, recordation o1Ihcr° final ap roval (Witte e pr-gleei, and a Letter of Map revision (1,004R) prior to occupancy, if it natural watereoria°w or mapped flood plain is impacted by this project. the Cityshote p should require the applicant icant to obtain a Section t(t)2 Agree ni Lire from or t t IreCalifornia Delwin -tent o Fish anGane anda Clean Wateru Section c.ctrori 0Permit from the U.S, Army 'my Corp01 Engineers, or writtenio esportere from these a encits indicating ta project is exempt these requirements,A Cl zi WaterAct Section 401 WaterQuality rlrc;tron may be required from the local'alilrris Regional Water Quality Control lard prior to issuance ()lithe Corps 404 permit. Very truly yours, c: Riverside County Planning Department Attn: Kristi Lovelady SIAM:blm Engineering Project Manager Date: August 28, 2014 CO U iV l'Y OF RJVERSIC RECEIVED DEIARTMENT OF ENVJRONMEN92Ii zaJIEAI TF Steve Van Stockum, Director August 14, 2014 City of Temecula Planning Department Attn: Eric Jones P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: CITY OF TEMECULA —PLANNING APPLICATION (PA) 14-0167 GATEWAY PDO AMENDMENT (APN 922-170-013) Dear Mr. Jones. The project listed in the subject heading of this letter is proposing a Zoning Amendment application to change the zoning of four parcels generally located at the northwest comer of Temecula Parkway and La Paz from Professional Office to Planned Development Overlay District ("PDO -13") for retail, gas station, and hotel uses. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the project and has no objections. Please be advised that DER reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. Should you have any questions regarding this letter, please contact me at (951) 955-8980. sincerely, Michael Mistica, MBA, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division Land Use and Water Resources Program — Planning Review 3 880 North Lemon Street, Suite 200 Riverside, CA 92501 Office Locations ' Blythe Corona • Hemet • Indio ' Murrieta * Palm Springs * Riverside • Phone: (888)722-4234 wwwsivcoeh org Board of Directors President Phi i p Pa Vice President Rand A R corp! Joseph 1 Kueblcr, I' \ David J. Slawson Ronald W, Sullivan General Manager Paul D. Jones II, P Treaswrer Joseph J Kuchler, CPA Director of The Metropolitan Water District of So. Calif. Randy A. Record Board Secretary and r�sigtvrrt to the General Manager Rosemarie V Howard Legal Counsel Lemieux & O'Neill October 22, 2014 EASTERN MUN1C[PAL WATER f)ISTR ICT SINCE 1950 CITY OF TEMECULA PLANNING DEPT 41000 MAIN STREET TEMECULA , CA 92590 Dear CITY OF TEMECULA PLANNING DEPT: Re: SAN53 — Will Serve APN 922-170.012 thru 015 — GATEWAY TO TEMECULA Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate 13111 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from E MW D may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial palati ipation charges. The developer is advice to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. /r tions •• offre. : rfrom date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4447. Sincerely, Fred Azimie Civil Engineering Associate 11 Eastern Municipal Water District 'tlailirie ,4ddre.v,s' ® Po, t Offiur; Box 8300 Perris, CA 92 2-8300 -Teikplioiic ( 5 i 928-37)7 Fiix 4 951,, 928-01 Localiari 2270 'humble Road Perris (-A 92S70 Internet www.crrnwd.or II 1 October 17, 2014 Eric Jones City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOT NOS. 1, 2, 3, AND 4 OF TRACT MAP NO. 3750; PLANNING APPLICATION NO. 14-0167; APNS 922-170- 012, 922-170-013, 922-170-014, AND 922-170-015 [PACIFIC REAL ESTATE LLC & B&P OIL SERVICES I Dear Mr. Jones : Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts existing 30 -inch acid 36 -inch diameter water pipelines (1305 Pressure Zone) within Temecula Parkway, existing 12 - inch and 24 -inch diameter water pipelines (1305 Pressure Zone)within ithrn La Paz Street, an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue, and an existing 20 -inch diameter recycled pipeline (1380 Pressure Zone) within Temecula Parkway. Vacant Long -Term water service to the subject project/property exists for Lot No. 1 (under .Account No. 01-08-78600-4), Lot No. 3 (under Account No. 01- 08-79800-2), and Lot No. 4 (under Account No. 01-08-'79900--2); meter reinstallation fees/deposits may apply. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or wheve such 'common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. Iii addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWEI's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. Eric Jones/City of Temecula October 17, 2014 Page Two ti In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial auTangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and/or health department requirements. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Kim Kerckhoff Engineering Services Representative cc; Corey Wallace, Engineering Manager -Design Warren Back, Engineering Manager -Planning Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Vicky Philips, c/o MDMG, Inc. 14'K K:hab O l 21F450\FEO 4.J IJ I .1,011 4.$1.4.0 Steven Weiss Planning Director irtarriir Fistrsrn: 9.51952767 Page: 1/2 13 ..p113: 414.1,21312 2:' 'PA Ta T RIVERSIDE COUNTY PLANNING DEPARTMENT Apri.114, 2015 City of Temecula planning Department AX: (951) 694-6477 Attention: Eric Jones RE: Gt002395 Approval Comments Gatoray to Temecula City of Temecula Case No. PA14-0167 Pages 2 (including this cover) County Geologic Report (GEO) No. 2395, submitted for this Temecula. Gateway Dewlopmera Plan in the City of Temecula (PA14-0167) was prepared by Geo Environ Geoteclinical. & Environmental ng., Consultants, Inc. and is entitled: "Preliminary Geotechnical & Geologic Investigation for Foundation 1)sigli Proposed Commercial Development, NW Corner of Temecula Parkway 84 La Paz Road, Telnecas., Riverside County, Califon3ia", dated October 17,2014. In addition, Geo Environ Geotechnical & Environmental Eng. Consultants, Inc. submitted the following: -Response to Soil & Geology Report Cornment by County of Riverside, NW Corner of Temecula Parkway and La Paz Road, Temecula RSCO, California", dated February 24,2015. Tbese documents are herein incorporated as a part of GE002395. 0E002395 concluded: 1: An Wive fault line has not been identified at the site proper. 2. The potential forfault line rupture is extremely =likely. 3. The site in general is not susceptible to liquefaction. 4. Soils on the site hart low expansion potential. 5. ' Subsidence due to grading is estimated to be .1 feet. 6. The site is located outside of the flood hazard zone. G002395 recommiended: 1. Prior to general grading operations, the existing structures on the site shall be demolished and the debris hauled off tie site. 2. The proposed building areas shall be overexacavated to a depth of 5.0 feet below the proposed finished grade, or 3 feet below the proposed footing bottoms, whichever is greater and replaced as a certified compacted fill. oi5ert Office 77588 El Duna Court Riverside offic.e 4080 Lemon Street, 121h Floor P.O. Box 1409, Rivemide, Canfornia 92502-1408 Pam Desert, California 92211 (760) 863-8277 Fax (760) SSS 755 This_fax was received 13i.diajxl`:114aker fax server. For more information, visit: http://www.gfi.com 1110 t+ . , F 1 r ..+0.41114, City �a irc i r Ft Fram; 915 1V0 5 52 767 Page: 2/2 1 I M I 41I1 41205 tr m 1 OF,0 No. 2395 satisfies the requirement for a gcologicigeotechnical study for PlannirigiCEQA Uniformpurp GEO o. 2395 is hereby a cepted for plan u ose �e. Building of�s review �� approval. Thisapproval is not Code �� et were not i�c��xde d a partandother intended mid should Dot be 'cold approval for rad permit. Engineering parameters should be rev i we and.additional comments buildingjoraposed c�€� by.the City upon abuilding 1icati n for grading undlar permits. oirtU i to review this case for the City of T e a. Thank you fax the�pF � Please cal me at (951) 955-6863 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director L. nes, CSG No, 2283 , Geologist, TLMArPla cc: Tempa File* PA14-0167 MDMG, Attn: Larry Mahn, Fax: (951)296-3476 0E002395 B 1Geo10 \Te la Reviews\GE02395 Approval FAA -4167.4 This fax was received by GFI FaxMaker fax server. For more Information, visit: http:llwww.gfi.com PC RESOLUTION NO. 16-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED TEMECULA GATEWAY PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) (PAI 5-0985)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Pian Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Sign Program PA15-0985, hereby finds, determines and declares that: Sign Program application No. PA16-0090 is in consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify; and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program only allows de via tion from the Development Code with regard to sign size. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Sign Program Application, PAI 5-0985: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Sign Program Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Availability indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. The Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PAI 5-0985, a Sign Program for the proposed Temecula Gateway Project generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Lia atson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Vice Chairperson 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) (PAI5-0985) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P oil Services, filed Planning Application PA16-0090, a Development Plan. These applications were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. Z:\1AGENDA MANAGER\Planning Commission Items120161100516\Gateway112a-City Council Resolution Sign Program(PA15-0985).docx D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0157, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report ("EIR"), at a duty 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 of or opposition to this matter.. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving a Sign Program for the proposed Gateway to Temecula project generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 5-0985). G. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. 1. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a sign program for the Project generally located on the northwest corner of La Paz Road and Temecula Parkway (PAI5-0985), pursuant to Temecula Municipal Code Section 17.28.080, hereby finds, determines and declares that: A. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, Z:\1AGENDA MANAGER\Planning Commission Items12016\1005161Gateway\12a-City Council Resolution Sign Program(PA15-0985),docx letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify; and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the /Municipal Code requirements for a sign program. The proposed Sign Program amendment only allows de via tion from the Development Code with regard to sign size. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA15-0985, a Sign Program, attached as Exhibit A and incorporated herein by this reference, for the proposed Gateway to Temecula Project generally located on the northwest corner of La Paz Road and Temecula Parkway (APNs 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) , subject to the Conditions of Approval set forth on Exhibit B, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. Z: 1AGENDA MANAGER\Planning Commission ltems12016\1005161Gateway112a-City Council Resolution Sign Program(PA15-0985).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Mayor ATTEST: Randi Joh', City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CIN OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of _ , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT_ COUNCIL MEMBERS: Randi Johl, City Clerk Z:\1AGENDA MANAGER1PIanning Commission Items\201611005161Gateway112a-City Council Resolution Sign Program(PA15-0985).docx EXHIBIT B 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 Within 48 Hours of the Approval 1 a Filings Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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)). EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA15-0985 Temecula Gateway - Sign Program: A sign Program for the proposed Temecula Gateway Project generally located on the northwest corner of La Paz and Temecula Parkway 922-170-013 922-170-014 922-170-015 Commercial Retail Commercial Retail Commercial Retail Commercial General Requirements 2. Ff r r in fjc #`r_ef of the Cit;{. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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 TT'im !Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant 5 extensions of time, one year at a time. 5. Compliance with. EIR. R. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016). 6. Conformance with Approve0 Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. SIgnage Permits. A separate building permit shall be required for all signage. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Previous Conditions of _Approval. All previous Conditions of Approval from PA14-2707 & PA16-0090 shall remain in full effect unless superseded herein. 10. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 11. looftepn. Rooftop signs are not permitted. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 5, 2016 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Nos. PA14-2858, a General Plan Amendment SUMMARY: application to revise the General Plan designation from Professional Office (PO) to Community Commercial (CC); PA14-0167, a Zoning Amendment application to change the zoning from Professional Office (PO) to a Planned Development Overlay District ("PD0-14"); PA14-2708, a Tentative Parcel Map application to create six parcels from four existing parcels; PA14-2707, a Development Plan application for four commercial structures totaling approximately 23,666 square feet; PA14-2710, a Minor Conditional Use Permit for a drive-thru facility; PA14-2709, a Minor Conditional Use Permit to allow for a gas station selling alcohol and providing a car wash; PA15-0985, a Sign Program; and PA16-0090, a Development Plan application for a fitness facility totaling approximately 37,000 square feet (collectively the 'project"). The project will include an Environmental Impact Report. The project is generally located at the northwest corner of La Paz Road and Temecula Parkway; RECOMMENDATION: Adopt the proposed Planning Commission Resolutions recommending City Council approval of the project and certification of an EIR and actions related thereto CEQA: Environmental impact Report (EER) PROJECT DATA SUMMARY Name of Applicant: Tony and Amir Dehbozorgi B+12' Oil Services, Inc., Pacific Real Estate) General Plan Designation: Existing: Professional Office (PC) Proposed: Community Commercial (CC) Zoning Designation: Existing: Professional Office (PO) Proposed: Planned Development Overlay 14 (PDO -14) C:Program Files (x86)\neevia_com\clocConverterProgemp\NVDC\CCA8C7z1-C-A59A-4FA2-BD5E-92B2103978CA\13928.docx1 Existing Conditions/ Land Use: Site: Vacant/Professional Office (P0) North: Religious Institution, Existing Residential/Very Low (VL) South: Temecula Parkway/High Density Residential (H) East: La Paz Road, Park and Ride (Under Construction)/Professional Office (PO) West: Temecula Parkway, Existing Commercial, Interstate 15/Highway Tourist (HT) Lot Area: Total Floor ArealRatio: Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Landscape Area/Coverage: Parking Required/Provided: BACKGROUND SUMMARY Existing/Proposed PA in/Max Allowable or Required 8_79 Acres 0.50 Acres: Per PDO -14 0.23 FAR proposed N/A (Future Restaurant) 0.13 FAR proposed 0.12 FAR proposed 0.06 FAR proposed 27% 443 spaces 0.60 in Planning Area 1/ and 0.50 in Planning Area 2 per proposed PDO -14 25% minimum per proposed PD0-14 341 spaced minimum per proposed PDO -14 On July 24, 2014, the appEcants submitted PA14-0167 (Zoning AmendmentIPD0). On November 3, 2014, Tony and Amir Dehbozorgi (applicants) submitted Planning Application Nos_ PA14-2707 (Development Plan), PA14-2708 (Tentative Parcel Map), PA14-2709 (Minor Conditional Use Permit for a gas station with alcohol), and PA14-2710 (Minor Conditional Use Permit for a drive-thru). On December 8, 2014, the applicants submitted PA14-2858 (General Plan Amendment). On July 2, 2015, the applicants submitted PA15-0985 (Sign Program). On February 2, 2016, the applicants submitted FA16-0090 (Development) Plan for a fitness facility. The applications will permit for the development and operation of a commercial center consisting of five structures. An additional restaurant structure will be submitted at a later date. The project site is currently vacant These applications are collectively known as the Gateway to Temecula project. An Environmental Impact Report (EIR) was prepared for the 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. CI \ Program Files (x86)\neev ia .co m',docConve rte rProgem OM/DC \CCA8C7ti-C-A59A-4FA2-BD5E-92B2103978CA\13928.clocx2 ANALYSIS General Plan Amendment/Zone Change and Planned Development Overlay The proposed General Plan Amendment will revise the existing General Plan designation from Professional Office (PO) to Community Commercial (CC). The proposed Zone Change and Planned Development Overlay will allow for a commercial center to be located on currently vacant land totaling 8.79 acres. The Zone Change will revise the existing zoning from Professional Office to Planned Development Overlay 14 (1200-14), which is based on Community Commercial (CC) zoning. PDO -14 will contain zoning and development requirements for the project area. The PDO will divide the project site into two Planning Areas. Planning Area 1 will be located west of the main access drive aisle. Planning Area 2 will be located east of the main drive aisle. Other General Plan designations surrounding the project site include Very Low (VL) residential to the north, High (It density residential to the south, Professional Office (P0) to the east, and Highway Tourist (HT) to the west The Traffic Impact Analysis included in the EIR compared the peak hour trips expected to be generated by the 'worst case" development scenario under the current General Plan designation and the proposed project. The proposed project's projected A.M and P.M peak hour trips are expected to be lower than the projected AM and PM peak hour trips under the current General Plan and Zoning designations. The results of the analysis indicate that under the current General Plan designation (worst case scenario) the A.M. and P.M. peak hour trips would equal 424 and 546, respectively_ The proposed revisions to the General Plan and Zoning designations to allow for the project will lower the AM and PM peak hour trips to 391 and 483, respectively. The reduction of peak hour trips is a direct result of the assignment of internal trips and pass by trips associated with the proposed land uses. Tentative Parcel Map The proposed Tentative Parcel Map will divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) to allow for the commercial center. Each newly created parcel will meet all PDO, Municipal Code, and General Plan requirements. The map will create a primary access point directly from Temecula Parkway. This access will be aligned with Bedford Court and will retain the signal that currently exists. An emergency only access will be located along Vallejo Avenue. It is important to note that a reciprocal access and parking agreement will be included with the project. This will ensure adequate parking and access is provided for the commercial uses. Development Plan (Planninci Area 1) An approximately 37,000 square foot single -story fitness facility and a pad for an approximately 8,000 square foot sit-down, high turnover restaurant are proposed in Planning Area 1 of the PDO. Planning Area 1 will require A Development Plan application for the restaurant will be submitted at a later date. Planning Area 1 will provide a total of 294 spaces. According to the proposed PDO, 203 parking spaces are required. Development Plan (Planninci Area 2) The following four structures (A through D) will be located in Planning Area 2 of the PDO. C:\Program Files x86)\neevia .corn \clocConve rterPro \tem ON VDC \CCA8C74C-A59A-4FA2-BD5E-92 B2103978CAV13928.docx3 Building A Building A will be an approximately 7257 square foot gas station with a corresponding carwash. The gas station will feature sixteen gas pumps and a convenience store with alcohol sales. A second story will contain office space for the gas station. A carwash will also be included as part of the gas station. The carwash will operate between the hours of 7:00 am. and 10:00 p.m. and include eight full-time and fifteen part-time workers. The carwash will be located approximately 240 feet from the nearest residence and mufflers will be included on the blowers utilized to dry the cars_ Buildinq B Building B will be a single story shell building totaling approximately 6,460 square feet. The structure will accommodate both retail and restaurant uses. The structure is currently configured to allow for five suites. Suite 105 opens onto a patio that is shared with Building a Buildinci Building 0 will be a single -story coffee shop totaling approximately 2013 square feet. The structure will include a drive-thru component that will be open 24 hours per day. The inside cafe hours will be from 4:00 a.m. to 1:00 a.rm daily. As discussed above, the structure will share an outdoor patio with Building B. BuiIdini D Building D will be a two-story shell building totaling approximately 7,936 square feet. The structure will accommodate retail and restaurant uses on the first floor and office uses on the second floor. Site Plan Access to the project will be directly from Temecula Parkway. Once on-site, drivers will pass a landscape center island and have the ability to turn right to access the gas station or left to access a fitness facility and future restaurant that will be submitted a later date (Planning Area 1). Driving straight will allow the driver to loop around the gas station and enter the parking lot that serves Buildings 13 through D (Planning Area 2). The parking lot contains 149 parking spaces. While 138 spaces are required per the proposed PDO. The parking lot is separated from Temecula Parkway by Buildings B through D. There is also approximately 38 feet between these structures and Temecula Parkway drive-thru is included as part of Building C. The drive-thru will run behind Buildings 6 and 0, along Temecula Parkway. A series of walls will be included with the project. Two 4 -foot high walls will be included adjacent to the drive-thru. These walls will help block visibility of the drive-thru from Temecula Parkway. A 6 -foot high wall will be constructed at the rear of Building D and will extend to the corner of La Paz Road and Vallejo Avenue. The wall will continue west along Vallejo Avenue, This wall will be converted to 4 feet in height as the slope increases to the west and moves above the proposed fitness facility. A retaining wall is also needed adjacent to the proposed fitness faciiitT This will be approximately 27 feet high with a combination landscaped living and rock wall. CIProgram Files (x86)\neevia_com\docConverterProgemp\NVDC\CCA8C7z1-C-A59A-4FA2-BD5E-92B2103978CA\13928.clocvl- Pedestrian connectivity has been built into the site plan. An eight foot wide decomposed granite (DG) trail will be located along Vallejo Avenue and will connect to a sidewalk on La Paz Road. A two rail fence will be instalied on both sides of the trail. An internal pedestrian pathway has also been designed into the project. This path will take pedestrians from Temecula Parkway to either Planning Areas 1 or 2. The Planning Area 2 segment of the trail will connect to the Temecda Parkway and La Paz Road intersection. This will provide easy access to the Park and Ride facility located directly east of the project site. Lighting is a concern for the project since a residential zone is located north of the project site immediately across Vallejo Avenue. These homes are zoned Very Low (VL) and are on large lots. In order to protect the rural atmosphere of this neighborhood, street lights will not be included on Vallejo Avenue, Low level bollards will be used to illuminate the DG trail. Architecture The design theme for the project is Western Regional Ranch. The PDO indicates that this style will be combined with Eclectic Contemporary detailing. Western Regional Ranch architecture typically consists of simple form buildings combined with storefronts, arcade, or gallery frontages. Facade materials usually consist of vertical and horizontal siding, board and bat siding, heavy timber trellis, stucco, rusted steel, and metal roofing. The PDO offers building form guidelines that will apply to all structures in the project area. Building designs shall utilize a basic building form. These forms shall be enhanced by adding an additional form and a contemporary canopy. Buildings that total more than 4,001 square feet shall utilize multiple basic building forms. The basic forms consist of a single low gable, single steep gable, and flat roof with a parapet. These forms and examples of their use can be found in Figure 3 of the proposed PDO. The proposed PDO provides further architectural requirements related to building materials, roofs, parapet walls; and other design elements. Landscaping The project will dedicate 27% of the site to landscaping. This amount exceeds the Development Code requirement of 20% for the Community Commercial (CC) zone. The amount also exceeds the proposed PDO requirement of 25% coverage. The 1200 contains landscape standards for the project that will govern the internal landscaping and street scape landscaping. The project will utilize a combination of ornamental plants and the use of drought -tolerant plants. Streetscapes will be planted with a minimum 24" box street trees accompanied by 5 -gallon and 1 -gallon shrubs and ground cover. AH common areas will be maintained by a Master Property Owners Association. There are five pine trees located on the northeast corner of the project site. These trees will be preserved in their existing location and will be incorporated into the proposed landscaping. Conditional Use Permit (Drive-thru) Per the proposed PDO and City of Temecula Development Code, restaurants with a drive-thru require the approval of a Conditional Use Permit. The project will include a drive-thru facility for the coffee shop located within Building a The drive-thru will be open 24 hours. The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-thru. These measures will help ensure that the visual impact from the drive-thru will be minimal. The drive-thru meets all requirements of the Temecula Development Code including stacking distance. C:Program Files (x86)Vleevia _com\docConve r1erProqem OM/DC \CCA8C74C-A59A-4FA2-BD5E-92B2103978CA\13928.docx5 Conditional Use Permit (Gas Station, Alcohol Sales, Car Wash) The project will feature a gas station with an attached car wash. These uses require the approval of a Conditional Use Permit per the proposed PDO. Gas station will feature 16 pumps and a convenience store selling beer and wine. The applicant has applied for a Type 20 license (off -sale beer and wine) with the California Department of Alcoholic Beverage Control (ABC). The license will allow the gas station convenience store to seii beer and wine for consumption off-site_ The PDO and the City of Temecula Development Code both allow for the sale of alcohol pending the approval of a Conditional Use Permit. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within 600 feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is located north of the project site_ However, approximately 750 feet separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. The car wash facility will be open seven days a week from 7 a.m. to 10 p.m_ and have a staff of 8 full-time and 15 part time employees. The dryer blowers will be equipped with mufflers to reduce their noise. In addition, a six foot high wall on top of a two foot mound is located behind the car wash along Vallejo Avenue_ This wall will reduce visual and noise impacts from the car wash. Sign Program The Gateway to Temecula project will feature a Sign Program_ The Sign Program will provide standards and requirements for signs within the project. This will ensure signage for the center is consistent and aesthetically appropriate_ All signs are standard wall mounted channel letters. However, Building 0 will feature a sign located above the patio cover but below the roof line. This sign will not be affixed to a wall_ LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on September 22, 2016, and was mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and has determined the project could have a significant impact on the environment; therefore, an Environmental Impact Report has been prepared for the project. A Draft Environmental Impact Report (EIR) was prepared under staffs direction by Michael Baker, Inc. and was distributed to responsible agencies, interested groups, organizations, and individuals. The Draft EIR was made available for public review and comment for a period of 45 C:.Program Files (x86)\.neevia.comidocConverterProqemp\NVDC\CCA8C74C-A59A-4FA2-BD5E-92B2103978CM 3928.docx6 days. The public review and comment period for the Draft EIR commenced on May 31, 2016, and concluded on July 14, 2016 Notices were mailed to surrounding property owners; signs were placed on the property, and a notice was placed in the local paper to provide a 45 -day noticing period for the public. The City of Temecula received nine written cornrnents and responded to each comment in the Final EIR, which includes all time,y received written comments and responses thereto. Comments were provided by the South Coast Air Quality Management District, Eastern Municipal Water District, Governor's Office of Planning and Research, Don Griffin (resident, provided three letters), the Rincon Band of Luiseno Indians, SoCal Environmental Justice Alliance, and the Pechanga Tribe of Luiseno Indian& The Final EIR was provided to commenting agencies in compliance with State law, A copy of the Final EIR, which includes the Draft EIR, written comments, responses to comments, and revisions to the text of the Draft EIR, has been provided to the Commission. The environmental analysis identified two areas where no impacts were discovered. These areas are: Agricultural and Forest Resources and Mineral Resources. The analysis identified six areas where impacts were not considered to be significant. These areas include: Aesthetics and Visual Resources, Geology and Soils; Hazards and Hazardous Materials, Land Use, Population and Housing, and Public Services and Utilities. The EIR recommends feasible mitigation measures for those environmental impacts that can be mitigated to a less than significant impact. These are located within the following areas: Air Quality, Biological Resources, Cultural and Paleontological Resources, Hydrology and Water Quality, Transportation and Circulation Three areas have been identified as creating significant and unavoidab?e impacts. These areas are: Climate Change and Green House Gases, Noise (temporary construction noises), and Traffic (northbound and southbound I-15 on ramps at Temecula Parkway). In the event the Council opts to certify the Final EIR and approve the project, and in accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding Considerations must be adopted prior to approval of the project because of these significant and unavoidable impacts. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if the expected project benefits outweigh unavoidable adverse environmental impacts. In addition, if the Council decides to approve the project, it will be required to adopt Findings and Facts in Support of Findings in connection with the Final EIR and a Mitigation Monitoring and Reporting Program. FINDINGS General Plan Amendment The General Plan Amendment is in the public interest. The current Genera/ Plan designation for the proposed project area is Professional Office (PO). The amendment would change this to Community Commercial (CC), The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The General Plan Amendment is in the public interest because it provides for add/tonal commercial sen/ice options, that are consistent with the Temecula Parkway corridor, for citizens as well as passby traffic on Interstate 15. The General Plan Amendment is compatible with the health, safety and welfare of the community. CAProgram Files (x86)\.neevia .com\docConverterProqemp\NVDC\CCA8C74C-A59A-4FA2-BD5E-92B2103978CA\13928.docx7 The General Plan Amendment is compatible with the health, safety, and welfare of the community. The Genera/ Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and we/fare of the community. In addition, the Genera/ Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore the General Plan Amendment is compatible with the health, safety and welfare of the community. The General Plan Amendment is compatible with existing and surrounding uses. The proposed General Plan Amendment is compatible with surrounding /and uses. The current /and uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial land uses that can be utilized by the surrouding residential. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed Genera/ Plan Amendment is consistent with the direction, goals and policies of the General Plan. The Genera/ Plan amendments will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage a complete and integrated mix of residential, commercial, industrial, public and open space /and uses" (Goa/ 1), and "a City of diversified development character, where rural and historical areas are protected and co -exist with newer urban development" (Goa/ 3). The project's /and use triiX will include commercial, retail, office, and restaurant uses, intentional pedestrian -oriented design of pathways and sidewalks that will maximize the connectivity of the area. This will ensure that locally -owned and operated business and se/vices will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The proposed Genera/ Ran Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Zone Change The proposed Zone Change is consistent with the land use designation in which the use is located, as shown on the Land Use Map, General Plan and Development Code. The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Over/ay Ordinance directly responds to Goa/ I Policies LLI-1.1, LU -13, and LU - 1,6 of the General Plan Land Use Element. in addition to employing the City's planned development overlay zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goals and policies in that it: provides a mix of community -serving commercial uses,' has been planned and evaluated for consistency with the Genera/ Plan and its implementing programs (e.g., the planned development overlay zoning district); prescribes a unified commercial center rather than a strip all and has been designed to minimize impacts on surrounding land uses and CI\Program Files (x86)\.neevia.com\docConverterProqemp\NVDC\CCA8C74C-A59A-4FA2-BD5E-92B2103978CA\13928.docx8 infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 14. Additionally, mitigation measures are identified in the EIR to full/7er reduce the potential for impacts to surrounding uses and infrastructure. Development Plans, (For Planninq Areas 1 and 2) (Section 17.05.010) The proposed uses are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Tentative Ma (Section 16.09.140 The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed rnap is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 8.79 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 14 zoning designation. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. CI\Program Files x86)\.neevia .com\.docConve rterProqem VDC\CCA8C74C-A59A-4FA2-BD5E-92B2103978CA\13928.docx9 The project consists of a Tentative Parcel Map on vacant property. An Environmental impact Report (EIR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious pubtic health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's Genera/ Ran and Municipal Code which contain provisions to protect the health, safety, and we/fare of the public. A Statement of Overnding Consideration has been provided in order to account for temporary construction noises, greenhouse gases, and traffic on interstate 15 on ramps. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements es they re/ate to passive or natural heating or cooling opportunities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivarent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a commercial development. No residential units are proposed that will be subject to Quimby. Conditional Use Permit (Gas Station, Alcohol Sales, Car Wash) (Section 17.04.010.E) The proposed conditional uses are consistent with the General Plan and the Development Code. The conditional uses will consist of an automobile service station with a carwash and convenience store selling alcohol (Type 20 License). These uses are permitted upon the approval of a Conditional Use Permit per the proposed Panned Development Overlay. The uses are also consistent with the proposed Community Commercial Genera/ Plan designation proposed by the project. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is /orated north of the project site. However, approximately 750 feet C: \P ro gra m Fifes (x86 yin eevia_ co m‘d ocCo nve rterPro \tempANVDC C CA 8 C 74C -A59 A-4 FA2-B D5E-92B2103978 CAYI 3928.d cox 10 separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. Per the City of Temecula Development Code, the proposed car wash will be fully screened from the residential across Vallejo Avenue. in addition, the use will be supervised by several employees during operating hours. The proposed operating hours are consistent with Development Code requirements. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. A school and City operated park and ride are also adjacent to the project site. The alcohol use is approximately 750 feet from the entrance to the school. The Development Code requires a distance of 600 feet. The structure housing the conditional uses will be separated from the nearby residential with a six foot high wail. Therefore the use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Over/ay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community_ The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantia/ evidence in view of the record as a whole before the City Council. Conditional Use Permit (Drive-Thm Facility) (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. CAProgram Files (x86)Aneevia_com‘docConverterijragempANVDC\CCA8C74C-A59A-4FA2-BD5E-92B2103978CAYI3928.docx11 The conditional use consists of a drive-thru facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is &so consistent with the proposed Community Commercial General Plan designation proposed by the project. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. The drive-thru be located adjacent to Temecula Parkway and is screened. Therefore the use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood_ The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community_ The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Godes. These codes contain provisions designed to ensure the health, safety, and genera/ we/fare of the community. No negative impacts are anticipated. 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 Director, Planning Commission, or City Council on appeal The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Sign Program (Section 17.28.080) The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape; b. The buildings andior the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. C:\.Program Files (x86)\neevia_com‘docConverterProqempANVDC\CCA8C74C-A59A-4FA2-BD5E-92B2103978CPM3928.docx12 The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify; and the surrounding development since the proposed signs do not obscure adjacent approved signs, The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program only allows deviation from the Development Code with regard to sign size. ATTACHMENTS Vicinity Map Plan Reductions Statement of Operations PC Resolution Recommending City Council Certification of EIR and Actions Reiated Thereto PC Resolution — General Plan Amendment Exhibit A — City Council Resolution PC Resolution — Zone Change and Planned Development Overlay Exhibit A — City Council Ordinance PC Resolution — Tentative Parcel Map Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval PC Resolution — Conditional Use Permit (Gas Station) Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval C: rog ra m Files (x86rin eev ia.co m‘d ocCo nve rterijra \temp\ NVDC \CCA 8C 74C-A59A-4FA2-BD5E-92B2103978 CA\13928.d ocx1 3 PC Resolution — Conditional Use Permit (Drive-Thru) Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval PC Resolution — Development Plan (Planning Area 1) Exhibit A — City Council Resolution Exhibit B Draft Conditions of Approval PC Resolution — Development Plan (Planning Area 2) Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval PC Resolution — Sign Program Exhibit A — City Council Resolution Exhibit B — Draft Conditions of Approval Draft Environmental Impact Report (DER) with Appendices which can be downloaded at htt ://terneculaca. oviDocumentCenteril-lomeNiew/1217] Final Environmental Impact Report (FEIR) which can be downloaded at htt literneculaca_goviDocumentCenter/HomeNiewil 824] Notice of Public Hearing C:\Program Files (x86y..neevia.com‘docConverterijroqemp\NVDC \CCA8C74C-A59A-4FA2-BD5E-92B2103978CM1 3928.docx14 VICINITY MAP 0 ra Project Site ,1110,4 t‘,4441's 4111'AlL 416 trip#z0 250 1,000 Feet PLAN REDUCTIONS Gg 6; welif t(s) TIP OP ig gi Ullei1 g lya/ ti' W i7 Mtn G f 176 -R 5, CUP PCF -V 143 - G , CUP PA 170 T wary La - 'Toad, Tom cine, ti r.l eLlleli PROJCLCT TQM 1 CONSTANS' 3 . 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GoltrI24 rico. • - V.X,11.1.110 - ta.M. eLI6e 13,011,nIN6 GYES- C-EVATION 0 • 11 11 OE, 11- 11 - 5-LICC.0jQFry C AS EVA .14 d Temecula Gateway - Building C BUYLD11. D Mr./Ark:T.4 tLT 19-111.011.4S P Wt11-1 gLEVATION •O• mow . 1.1. WAWA 1.50T14 POO.. ,asvpIL 1,111tIpie ▪ 111.10,1 1.1,C If, 1.4. PALE 0 .11.1.4.11 .1.01.15 1.01;11 P.M Crlia* ▪ wra:. rum cow. 1 co. 45> MTAL POMP PAREACC ▪ POR1 c.' O. CA.04 si_vrm • m10.1. Cal", • vir-4,A6 sc.r. • Dim, MAP. 2' ID =LA.. .12 • awrime • 5V T ,a44.4 • mot -T CO PQM 1 11111111MII BOWIN6, D SOUTH InIZVAT1Oft CIMIECALA ,APAW BUILDIN6, D EAST- EW/A111 1,2 nil11 W Mr Temecula Gateway - Building D .61 NORTH ELEVATION LEVEL 1 IMAGE REFRESH ( 3.ILLU MIN ATM CANOPY SIDES) WEST ELEVATION LEVEL 1 ..MAGE REFRESH (3*Ili.LUMJNA)0 cArqoPr SIDES) SOUTH ELEVATION LEVEL 1 IMAGE REFR..7SH %MED CANOPY SIDES) RJIHOIS 5 EAST ELEVATION LEVEL 1 IMAGE REFRESH (3.ILLUM IN A TED CANOPY SIDES) Cir inmEA-merir I FAA 81:011/141E CIEIVRAL MITES i+Gor c.m. seLa Al I.pr DE. Ittamt ant ;i.e. a au PIACCittyl ttxr GECE a., tiger 4.11C.C. lit7CEL Met VS. .PU4E. tAti n -pea wari.n IG. not.. ..r.ate X PAIL4 a Kir...m...1m cartATI tkfu.sx.. Fiklai, tAitT PEOL012 117.11,61, min rt z. 0,0,71 1,11 .71.1 4ra Erhe d#141,,I KEY NOTE! OED MITSTAFEORG 36. Oki 1414011,74 CMELLaMLILI, 1.141121Pg WI • kiltt U MOW 71.1 - t:LCAL romilltXE Itt WATEI5 sOcit - - HAT NIE GUY, tax uat CiNLI.irdaff Kid .ttlif (MP. VI. WI, _Et Lima.. , ta.1.1.,TED. 1J I fr sit, aut.. rue; 134 E-71 PLACGIE RAI 1.14,7' 4 . 011LIPAULT PLUM.. 2,14,,CR 7.C.-110 WOL 1:1:FrACE NFECT.04.4- 31.3. trrt G..: 4..-rpg Lrreprs OA fir,. ....11.1,1 ...N. .4.. Pr. 211/it _1 P74,0%. 1.Whair 14036 rid 0.0.404 CA.11 flaIMIBKILLIEMO IM=M . ' ..+R lark W[ Wrfk e- .. �!�•� 44++�iL L�1 J �grr ■ • r�r ^■e�ea°.; �•-. � a _ M 4-111. TSE,7., :.i" Yr'' Y-rmem 0, lip �'`� _° __ ... Ewa rye >- .-.- - .0.1 4 _a. .1,,r oimmg •�.�.a�rF� D.. Mai .C.T ii.Oa . ..1-s w. .u° i. 'SEC" IU114 . l F M4i■i F . a 3 I- IV MAW , -i id AM,M IM Ma ' ice+ i SIL ME map k -Z MP X11 . ti T - .rni 0 110.111== MOM II:,, ES r Lamm y- 0 MEM G a6 LiL 3iCC�l.s ort + o1541. ■vsu. a., + r ■N°. r.W=Ck Ser li u..1 0 MEMO kW= a17 mak+ v 0 AK. ter.` #44.Yw a+vt m�. rv■# Tr. 11=1111111 ��r■Fir Man ipigjimq, ��7+ 4.1y0 Ka. ..kms ligEM r rJ wA.R rkitit■q PAti e+� cars as ups .. 1 MAIL MET ar lot worm. • ;L.. ar EIP412. i rR mg PREPARED FOR B&PO1L5ERI+ICES, I\Cf PACIFIC REAL ESTATE AM5R Fr TONY p9H&O2O RG I 9ZOAK 1ALcYMON BEAUMONT, CA 92223 TEL WO 714-4 fAX ).333-744. 4039 4"4-'13 Citio K "FtrLE NJ -AXIOM CAMP ;AOS PE ARCEHLTECTLIR,E C41t rr I297 + R,9rpE.94 WILMES PLANIONG wirers i& `Rim" atl�W - 5 GATEWAY TO TEMECLLA PRELIMINARY PLANTING PLAN L-1 0# 1 APN 1922-70-015 PA 14-2707 II,==111=1=11=="i=MBE:=M1==1=1 =2= l=rrn"7E:==:= r====== Mn11.1=2112===1111tX:INIMONI MI=151:aaW==.E.1 EMZSM r'7-1=117== .f=i =I= =I=E=1=mmr-A7mwm ME= =MIL -L..=!M IM:;ULal; MIN '-1..11IMPLI-=:1ML7wi .11J 1111MINM ZMIMI1=1=LEIMEM JEtal=:= LJU=1:=1L 02=1=1;;E:CIM1==IM:V-2;MVIM E73=ilr=11=, =11=31110.1= min OM= 11=1 i=1: MmE=331m3m NP.111.1 n=e1== MINaa===n1 erlow LIm=;1-.W"gli&ZOINEmr •m!:= mr.o. in....noM ▪ 'AM= iirrek, 'DIM= anffm irmwm. I rat initm .6ima IMMMM. IMAT eigi md.R. Maki .4 matatO 1.1 a .air 34.4. 441) mczer="&yrizez.-7,-..z— r4.zitivirzivra— JP 041. MI 1.IIR $4.1.14 4 1012.4.. 441P 44.444 t.41 OCI 0.4 maim, ...new 16.14' Cr, ir 41..me iamb° &mom MO PMI M.=,1=1, ▪ 4b6 MALL ar MOID = PREPARED F 11313,,701-SEW/ICES, INC/ PACIFIC REAL MATE AMIR a. TONY DE HeOZOKI SMOAK VALLE PKWY BEAUMONT, CA TEL. (714) ?14-41O F11;(Seil) E -S3-1,44 im-m SCALE 45 AU -LAA GROUP LAYOAP A_RC H IT, -Lc -URE Cola Dro;c1 ism 0 al 7 REC REATION _if iC:r; ANP, WrgerrriPM I'M 6,-4 GATEWAY TO TEMECULA PRELIMINARY PLANTING PLAN TC' L-1 of 2 APN 4922-M-015 PA $4-2707 heekt kik II, rep °C":".°°:ALLEj°00000CF:VeriD00000000.0.00C1013004:112000120:00-CCOIRLOACICH3DC"ar"M"--- 1511 _0, 030420 CI CI OD c., ,Ov'SPa.00DC, •••9v4,03• • . - • .1131-1 r 4.4* - • Elrferri:741A41,1:: . re,H.Mei A. a • CititriRc.% 'PCO 0 d *Po. .41'17.70 0 0,5o,,. -69 o 0., 0 - owe 0 • - • • .11,- • r`i tr -9 0 ° 0 . w - idsirc", f5.6.61c4111. 06riffibtotkodc'el.° eiV#0.0c041- c‘jel o 0 0 alMgagallIPMPS 17,29141:7110.510.9V±.'11.:::.0 u c-• 0:c °°°°/°.1?." 30:9, 4.4i1 itz„0 I PP1.41.14 IRO ni NOW Map AJCIF PLOMFMCi UMW) 0 • O • 45 •11:11 ealk Sem 0 ==i =2;* 11===rlimolmit!2=imirmil==inimam EMIMMErliIMIIKEZIK2=111=11=1:1=LEZEZE=M ImmEmE=12771=3••==olimom:m...., .•, minim lin=iiSra==ZZEM - =MI Wft *p4 En1=•=1= ao,fti K...,,Y27:ra =!M MENMS ftelme1 r2=1.=:M .10.4 1.0 =:= 1411Alk C== 1:M=M • - • I.L.UMMWC:M.riN - •iME LU,=n=L=LL =2= =BOA 'Ll=l1 I '..1LJL4a F=J=C2Z =,--ZEE.Mnr:MIG=13=;: =3= CIC:= WWW MMINI =:E=Mt=== 11=11=1= =1= M=M=EMega::=3 11Z2= I=Er MUMME:=11==. .J01 rM ,1-1-1=1Lr====in =sum= MG:=.E=M .11.1.1=1.=!= =2= 10Z= -11°,,.M— =a resammew S mCOL NAM_ 3.4. a 0 -all WEE. 1411.4 iwur 11, Ipdp Liprmwt or.* • VKIIIROM owirawir kiria FT. III 41 FT. 0.$41 Mk Fr. 17.1212 in°. 27k eV 14 lirt MVO MBE A& RAMP ple M:Pefb ikWelkhe .4 MI,' 470411...4* eFFFZIFF XMO.CF ,/.11 :1,1421.1= W PaaVir mar Mu. 444. fer PL4M. * 41~ AIMMI Ni P - 4 COMM a ▪ maajiatz.3.**a=cminipe. ap.a I AL 4441...41RP■ DK MVO. INNE122 Dlr..' Maw ea Pit 4.4044.PC4474 4,0144.12 Dd itmelk .11.117.44.4 114.4* PREPARED FOR up OIL 5E FIVES,INC PAU,: C PEAL ESTATE 7-11 & TONY LIEHECIZOR.G1 82.6 OAK VA LLE, PKWY 92223 :714) 7.-51X1 Me • NC, 853- 7614 JZ18161-111 5C*LE 1 ow .011 ALHAIA3Rik OFICAP LANCISCAPE ARCHITECTURE Ogatedwo Iijij MI 7 REMICK*, CAE, Inn 4WirictirZiQ GATEWAY TO TEMECULA PRELIMINARY 1DLANIT1isIG PLAN L-2 of 2 AP N 4922 -170-015 PA 14-2709 GATFLWAY TO TEMECULA .RAP6Cle MILLE "Imiii.' " IfED TENTATIVE PARCEL MAP 36862 PA14 —2708 IN THE CITY QF TEMECULA, STATE OF CALIFORNIA L.... I. 14.Rwn MC,- 1•5P PP11,541M•die 1 .... ,... ..,, ,.. ..1540 USA.. i 1 ( Tam } Mob - IL 144, 44.1B,MIS1 Met. 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'SECTION TE Ec IL:LA P MTGE:WAY. ? PROM= 6 i-ua Trnunmc/1.2. sm7noN . 2ThLIELALK /MEAL wami. NO SCALE TM: - ILD -E$ t !TA 11Z,V - :1,47 • -4 414 it. Me 70P4.4. , CI-,—_----------- ...,.. _-- ..-- EC .-,- -- -- .-- TAVri'--**PAti-p, 0 17- --- PARS. WPC alga ,Laaaba..... 11,141.1.111. , L. •--- PP,190019 Mb PO 0 0 /Cm& HT al*, Lew; NI 1 Ll• I 4-.1 . 14.4,..0$ Orr L \CP le UP L•rii wr, .... g - EZISS 0 W. W r fArlax raa,s oithaer. MP.MPIN 1.1.1, +-D. The MOW, Cr *Man, orso. OltakApeko EZEL sos:rorrr ,CCAT,0 14 MLA,' ra,kr Z. .441 '/] "as FIRM .O.O.F000 040•041 O. 114 .000.41 ko.1.1.5 Ioallwe' slot Win 4-4 ALOMAd41. "Eat L'airma 3.(1 . 2, .40 ra,-.4VOr OA 1. DEW •COVC. MIME. I. Mt 1=7* al. wows oCi. LoTsiliES ow. aom,--m rESS MED. RE= aa, iam 4 OW/pi kugmho,u, 40firladuLmcw..T.aiwt 4.4 a11. • gab niamm.mutio. *thom-la AL61,64M.P.,,a itakao. optecmmerx. Zgraga—riillailtELICUICL 11D Co4.17! 121 f.m20.0 SARMVORN 1J1j= EARF-nOrao Etrorflia. Q. y-mog, Moe 'WM ru. • 1, VAC Wan IMP Cm& oria 6) 1;14, room CO. *Er takil 0•• POP. ..41.1•P .rapT .Cma m vat vvi ouv, r Or . — — -m• = Mo. emed DT .L Z2CTION PAZ ST t txm-ruya COT 217a 3.74.11DANY tarts., mu SCALE owom ooso Lar,:m4 iCrO 4..44 1.4 I 1 I _EL_ awr WO !NU riigirTELLIMILULA P I (..` It If AY 7 a_MaTil 4 WE MEW; t-Lroo 34t -mord '0t FM LOA LIIJJIORT112.41. 1:Q+C,c - 3L2,0 Ea.' Da 506,C(S. / NEM in, Et UTE GA.TEIJYCC-0,3E.76*, KG ,a_LET lawman% 9 2223 TEL. ($)4) aim -rim F., (1M) 11;111124 • • , .1- 1 14111:4::-1`41rt' • 4,:r Wrift ....311911. 6.0 COMO lirr ...44 WEE, C-3. MI PooDPOMD 1:111100. 1.4.414,01. O..... ..orsico UTE. owD %TER 144.41 LroCaltr.w. ,rrr br NAMUR., fk. 4, ireamion ridasigim tra Engfr Crcle. - Sib 0 G RAP H IC 3C MS iisim2 GATEWAY TO TEMECULA CONCEPTUAL GRADING PLAN EXHIBIT "A" 14 ri 2,0T, Nn ,451,05'53'w ;$,;41.• N.. L. ,11111:6.6,114, 1.12 12X. CA cciocotorc mon, L.I MOO Co.pint Li . _wool] IlbAnt rlfr —_ inelnEC v1/2.0,5 efaucoo• Cc. on OF P.M,. sl.ncitan — — 01.1. 0.144. MAC? AVM .4Ctompoil oucoar 1.1115thaVadpaitaigi L,...1.4-,01 It WM) olchrayucLonEE w4r.44,14 -44 ii/Aor.oadom, or .rrersalf,,X4Ar, ,01In PPP. illion•LrAnnilAnCn Imr 4,1 n Ron ong ..6"r • kow. SECTION A -A sue, ri.-z4H 54ALE. 1,20V .1! Ire' SECTION 84jbI3 Eti.r WALE, 3--2m scki: '31X. A tx, _ -"" • o, —.L.—TEMECULA- PIM( 0 e Chi = 4-1 SECTIO F -F 44 44 4 imp 1.4.1 .4E, .40H SrAILD SCAM 2 Den SUM 1-.33,‘ SECTION C -C Motp...4 , 16,,errE. • ED.) 151. cr. 4.44.4/ SC.Q..E ZWIr 4. -1 I VicLSrn MC B. 71& RIM NSC7 1111, b1!i. TIL 141411.3.2 101: Ea- tr.., ] Mad. I.. Gunny in nig,. 3.] um, opmmern. Iffr's 11.3 ink ar onn-x 31EL rinE 14 4 LIA (P041-1=2) ) binierrim 11.13.1 irf OLIM Win .1151.. MI .1011!. cm. Ain IL J... 7.1. 1C1 UMW ilk CCM Fkiliklaluinf ..;41.) 4 #.1C FM AMU. klAECE, Pli TErr,...77.L7 IL) "ITS IT. P.n. .42 filar1=32 Milli I.. 1.66114,4C41. - F.API.C. MIMS. liLl1t C-11 144 1TWk. 111..) Lim c-, ineavr, Enn 144 4444 ux.orcp 4 ccucrf cow ZEW nn., nu. 34,11.1:13WDE 41441444411 - 111.1.4. .1.4,71.11.10110.1.11;'W Et -5. log WT.10 Teitli*L.S MEM Evric 1.101. C/N.D.PS 14.4.04r 4 -ME 1.010 kkoKviln C1.1111-rrE — °IOW ;04 (4444414. - *MA -1313.-444144 1Er u 0 S&NIC IQL,D61.1 14.011 5EC11011 DO Eirat=13. NI • MG alioriiiiiiummirravoramEr WM he niS Ed,* • a WA, Oink MI - (I* NAN a int Eirr-3416 110 ILAI FITNESS. :Gateway to Temecula -Temecula Pkwy, Temecula, CA 92 590 3161 Michelson Dr. Ste.600 Irvine, 0A92612 (949) 255 7295 Perspective Rendering 201.5-607 fucrioam 0.4n9d2 14 North Orange Si. Orange, CA 9266 2016-06-11 7 .4 14) 639 9860 1.0 .1,46 LAIF1TNESS. 3161 Michelson Dr Ste 600 [Irvine, CA 92812 (949)255 7296 -VALT-EJO AVE. *le 41.411 - - Proposed LA Fitness (37.00 SF) PARCEL 1 t / a PARCEL 2 a ?so' • Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SCALE- V PROJECT I NFOMATION LEGAL 0 ESCRiPTION PARCELS 1 7 2 OF TPM 35$62 LOTS 1 5 2 ME 591021 g22.170-012 & 922-170-013 TELD ASSESSORS PARCEL NUMBER: AD E$S: ZONING.; ZONING P00-14 GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL PROPOSED LAND USE: HEALTH CLUB E XESTING LAND USE VACANT TOTAL GROSS AREA. PARCEL 1-160,669 SF 3 6,9 AC) PARCEL 2-43.39a SF ( 1.1)0 AC) TOTAL NET AREA° PARCEL 1 - 3 69 ACRES WCEL 2 1 00 ACRE PARCEL 1 TOTAL BUILDING AREA 37,000SF PARCEL 1 LOT COVERAGE: BUILDING AREA: PARKING AREA . LANDSCAPE AREA: 37,000 SF 2a% 63,552$F 52% 40,184 SE 25% PAT< INC PARKING PROVIDED; 294 STALLS NO OF HC SPACES: 3, STALLS PARKING RE0D:( LA FfTNESSg 5/10.501 155 STALLS PARKING RATCO: 7 94110011 PARCEL 1 FLI:xaft AREA RATIO. G. 23% OCCUPANCY CLASSIFICATION: A4 TYPE OF CONsTRUCTLON ruay_sFR.INKLERED: YES NUMBER CiF STORIES: ONE HEIGHT OF BUILDING: 24'-0' (TOP OF PARAPET) Sae Pterr. Prepared: 01-14-16 !oil' a .La Preliminary Site Plan I ±I P7 1M 2015-607 2015-05-17 144 NOM Orange St. Orange. CA 92866 (714) 639 9860 GENERAL NOTES, EXIT EXIT EX,ir ...JO/Cif LOW 01 PERS*51.‘ ENTRYIEXIT 1 1....ter. kir 04.11...00 44.10C.utie wrolialem el mil apirerable code req. -0,M, WWI 14,.. is wPsii"."0.1141.tr r"......'worrog LW 11,Kr64.11 ! IE 1.1).1 ...cc.. irraDOccurrerria Nan I.,. use,. tracing .111.1.1...11(4) ..10,,C...13r4.1.1li 14 U. tit Wail lt.r. cr Wry Wet ;viva 2. GNsr3 e form *4 extefror Burl. in,r eitienc. walls. tap. •VI end Emoirit .21 ti -4 piwiyies Le.4tile ..Om14, nth..., Prorms.0.11. 9E0Drd ir 115cs rest -own -5 req, 'ed per Cede irml if FM 1,41.11,1. 11,1C1 rem.. Dirt, CUM 3*433*4 Ahgr, 1n5113 1rtraU 51 hi. with Ned elErnitro Fetterrl. 1 .1_,,55rpi 5 .A,G314-V. warty Lk.-- Lim ..tid.1 Lerwri lrr prowerneril. +or he ancillary ve.. Lclsi Lr corrirewersent the OD z -d it.CDpadciv. ftmictl FITNESS, 1Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SCALE; 1/16- .1411- 1,3 si 3161 Michelson Dr_ Sle.600 Irvine. CA 9.2612 (949) 265 7296 1-Estthsi5 Syiritcl siBitaketbeg arid Aerobics Graded bed area by 1 depneimed 2 5. below typcel pad riir erd lor LAJNderressed ...Isle slob el Romig PKsxPI.s.i Herivied Symbol Klub ▪ j. ir , 1,plair 11.14. .11.1•Vg PLAri peci,144,ps4s '1I Kirylow gaged PINAVit Rot 35)153 I.3 calcieylme cam Floor Plan NitChed Syrnboi at Pm/ sob Shin mit DA 5155 by for 1.5" depressed &let typ..1 I.d1..h5 w Mina co-rtartiril *15 px *Qui :merit (wen WO curt out fOr. 25 yard. 3 frins pc.1 tc, finish water decilh .6aIlrid SoNperaite GUi cid Per epe for nitsh w ater dspith NOTE: 1 Landlord to proms any rug uirad ramps,, emirs, landings and rail's requi rad al ,rilikwayl around Idle build jog for Concept Floor Plan Ground Floor Area -375000 SF I 21015407 33 irclletz.e..ts Ornrlqi, 2016-08-17 144 North 0!ange S. Orange, CA 92866 (714)6399660 • XEAi A 111- .74;c1 Site Section B -B FKOF 4'rF.:7114.311 I 3d View Medal Railirig itittnining Wen Site Section A -A Roof Plan 4,4ile--'11111111.17--Al FITNESS. IGateway to Ternecula -Teiftecula Pkwy, Temecula, CA 92590 -3161 Michelson Dr Ste_600 irvine CA 92612 (949) 255 7296 3d View a ,02 Si I! -I LIY.i VilIc A. itstleiTyi Roof Plan and Site Section I I I SCALE: 1116 " 14I 41 2015.607 Afr.41.tects, Orange 2016-06-17 144 North Orange Si Crane, CA 92866 (114) 639 9860 SOUTH ELEVATEON 2 • -.US.. Meg, • NORTH ELEVATION EAST ELEVATION VALLE-PO AVE ORM WEST ELEVATION LAI FITNESS. 3161 Micheison Dr. Ste_600 triarte. CA 92612 {949) 255 7296 IEEE 1.5 PARKING COLOR 1 MATERIAL PALETTE 2 3 4 I '— NAERL EX 5111.X -.C,..) MEIRLEX S'UCCO ',.,1.11..E.X .11.117.0..P IiIERLSIC STUCCO SANTA BAREARA SMC)01.1-1 SANTA UAREPAMA SMOOTH SANTA BARBARA 51t00111-1 SANTA ELARSARA.&p.IOLDTH F1NrSH AMISH FINISH FINISH COLOR DESERT BEIGL ODLO.FP R_IN1 RIDGE COLOR MOONSHAI)Oye COLOR TE RRACOTTA 5 6 BOARD AND IBIUTTEN SINNG cOLOR• SAKFC SToriE 8 vERTicAL simoiNG 5M11ETLAWNIG COt oRPAHHENT 12 Goos,ENEc LiC,4-11 RoGs itER CENTER -Ds 16 LAFITNESS aiGNAGE INDiIuALErrFR ILILUMINATEuj SCE ELEVATION '. 7 V•1000 SLATS CLEAR GLAZING. WITH COI,OR TQ MATCH CLEAR Adi,LIMINusi RE1L BUILD -NG- STORE FRONTSYSTEJM --2 COLOR 9 COR- Er./ TE 13 'GREEN SCREEN' METAL TIRELLP-S. FRANI,ES 10 ,ORLZO,ITAL SEAM BC -TED BOARD SIDING c(.43R SABLE EIROIM, 14 RIM (LASS BLOcK PER PRo TOTYRE 11 STUCCO RMS. CAST IN PLACE CONCRETE 15 "COIZrirt '5 TER STEEL FRAMES 17 18 19 STEEL 000R 010On TRuss WW2 BRACKET FRONT ELEVATION TYP TRASH ENCLOSURE ELEVATIONS SCALE 3,16,' = 1 Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 I P P SCALE 1/1 "r -1F Concept Elevations 1 1 12 .4 2015-607 NI:NNW,* 0,11INN, 2016-08-17 '11 144 North Orange St Orange CA 92865 (714) 639 9880 YNNEr.C.a. ri: 15 9 7 I LI COLOR I MATERIAL PALETTE 1 2 3 4 EIRLEX STUCCO MERLEX STUCCO PAERLEX STUCCO ItiEgttExs-rucco 7.-71 sAIITA BARBARA Sm00 -I-1 SANTA BARBARA SMOOTH SANTA BARBARA U.400TH SANTA EIARtIARA, SMOOTH r !NISH -MN LSI. IFRASH FIN 4, COLOR: DESERT M(GE C.CtOR: FLINTRIDGE COLOR: P.baousi-inow COI -01R 7ERRA.C.:OTTA SOUTH ELEVATION 17 2 14 17 NORTH ELEVATION EAST ELEVATION 2 15 WEST ELEVATION LAI FITNESS. 3161 Michelson Dr. Ste.600 rvine, CA 92612 (949) 255 7296 5 6 7 EICARD AND 11...FTEN WOOD SLATS CLEAR GLAZ NIG mil 51 DING COLOR TO MATCH fit EAR ALUM NUM COLOR SANDS E RE TAL 51.., _DING- 5T0RE F ROW' SYSTsia WDOD COLGP 8 9 10 11 V E Fl MAL STAIsICIING SEAM METAL AMONG. C PARa14416147 12 C 0115 SrEE L 13 0PIZ0N5 SF_NA S Two:, F#4151-1, BuTTED BOM.D SIDING Ayr I., PLACE COLOR! 5A&E worm z.a...doRETE 14 15 EN7G < 'GREEN SCREW- 510 C-VaS BLOCK "GORTER SrEEL- LIOL-TTINGS MEW TREt Lt5 FRAziEs yvrt.aCows STEEL F ;AMES PER CENTS 2 550-5 PER PROTOTYPE 16 17 LA FITNESS 5414AGE STEEL 00OR (INOIVIDIJIAL LEITER SIGN- ILIUM I245TE0) 16 19 WOOD TRUSS WOOD BRACKET • •L' SIDE ELEVATION Typ, F5TELE#TIQNTip TRASH ENCLOSURE ELEVATIONS SCALE: Concept Elevations 2015-607 2016-08-17 1Gateway to Temecula -Temecula Pkwy, Temecula, CA 92590 SCAM = 1--cr , I .1±11=11 144 North Orange St. Orange, CA 92868 (714) 639 9860 jr VALLEJO AVE. .11.111•41 imika a 1 ... 4. .1.i......9,.. PE= MO-..•..i....r.i1-1.041, 9' - ,idille--11111111er-Al FITNESS. 1Gateway to Temecula -Temecula Pkwy Temecula, CA 92590 3161 Michelson Dr_ Ste.600 Irvine, CA 92612 (949) 255 7296 Paw,. krpc. W. WA 1412111,pplic24ccr Etwato ro.c.,r 9r 4011640 • D.M4 --- 242.4,40 .2214.2222404401524'240 '6-220 Iso, anew feet am= 401.04,-,w-gi MEC. ,--,14.1 kcilb. Cala?. khlk 2024 P.:, 42 C.....10 kir. ar.r.crc a Pe 140 11 04 7,10 116.00 Mocki Barre,. . ...14. 2 c 01 2.22 r ka imp. 10 62.442c. lk 4.2 24 CA , 1* 210 Aire 16 diem. 5. 01 . * 01 QM 2.01 344 010.:12 ...Two,. Pc . 94 2, 09 514 942 ...1.3. In ........,-.• . I .k.. 2 0 .. 1 . .0 1 ix? ALWIL.,11 kilired.,1 ..G I.. 20 Ca 249 lAi .....r, 5 krnirsrce lo 190 TA 01 IP Izt 240166 44.11.4,4,1. 1..c 1 40 31 CT 921 S,f, 42 71 44 i it, 340 0.1,11 6-..-‘1.rot . 12) 91 .C..P. 1 03 044 Mick 17 645240.1041 Or 140 24 1,. I 44 aN ......1 ......-..-..., . 1 64 32 01 2,4. 241 Anrci2D klunrcpc 2 Pit Ilk 21 1,2 I. i. Meal a.....,,.. Pc 1.2 41! cui 12 .2.12 2.1229 11.7114.4..11. 0. 1.31 2.4 1.9 li, r 2.. .11,4,3 Arritocixe ft. 331 14 9-9 ...a 222 2.e_, ..........-c a Pc PA. 116 .4 k ad pig 2.1.4 a...p.c. 01 121 .4 0.1. 1 40 22i Among ilur in.,. Pc 1.44 aa CA 244 ma P--ao_41 42....rarca Ile 1 CI 2 11 C a i pi .," 236.4 11040251 P, .14 29 02 161 141 1.,....cta Icnektule ,,,rrop Orr ,Gita 1 Al405910.9-641 4..9 a4l4161..0. 1.. .NrwripPr. Si Al 9-9397 ..,... .1 -.44 ke. 20.. = . 644 99223694 .. 42 2.4904 4,.24 .1... 5.0 222.4240.9- , , 140,22.-44.92 SCALE! 1- = I !C, Photometric Plan 2015-807 2016-08-17 144 North Orange St. Orange, CA 92886 (714) 639 9860 1 5nr.01314a12211 4.4,412 Fiutikr. - WM. .ccomi • W." GYASIOC acolz IL°1:PUT 4 71d4i. 0 LA FITNESS CONCEPTUAL GRADING PLAN EXHIBIT "A" law [DEAR SUM SCAPE MCI Ilk- FF=1024.0 PAD=1023, 5 MO. WO • MCP. —.CD. MD. Mod, - 20 me I 1* SCAC -2'y ,ati_1,1 VALLIA PAC FF=1018.6 PAD= -1018,1 B 1.1 57'4757'W lit 56'05'531 IN 160 a 3 4038. ... — 509Dir 129 93, '++ .111a *d. R++00.0,14. MLA' ...7.1+ • •W 1,4E, MOON* POW rpeo reNg • • U., Thr -41141., - TVA“..ShiL L • to [Pre mo Ea_ SECTION VALIMO AV4 fr rmorrecri-ro, MT J.34 :.ii0Vdr.0) 3°E.J.LIC tet. de. jo•C• DE...s. D. .0.4 AN) IOW +-1 WAY 79 SOUTH". italitlia. R&YIIJT110 CURBtO Clfiz Trn. Fin pour, a writ yminic cor trl. Nes arm. da-rgRpg. K. .C.B 1.021.130 - 21 SEE IQ. VW PL. FE. OM. .10 'ADAM. VD. Nom 104 C.A. Foie /1214 1,2 womorAAJon Zr31:p - igior WY +.12.COEM °Z.14.211 IMEILEIltjarCt DAIDE105. FM DC • OODiM , A 3152. ▪ E.D., LINO. DEED rpECOPmEi. ▪ Kilr4 Aolluct. %;,istij .arkirr, "autumn. hd, • KED IECO4201' Arit "h.,. 1 .10 711.E. .11. rAPIRIC =VW. todasIZ'eZt 11.111. AL. OF 5.4° TM, ri,E2T, DZ. A.. A mit ANT., 14. NIMILLL .2. 11010 4.5 4414, o Wail. NO 'QV., &I =IQ 2.71:1174. "1.31.05.1 1 -CIA FUME .1.111111101Z ftitafrileral H -&P O st•Toc Es , nc RE& Evet ;lc EC -.90201;C.4 MI OW< oilu_EY 112223 41,4,14. Nin 92.32,03 LOAM IrVtaCPM31 m00% mg, IEwtjL -ij cara 41 MA Efi-Nii C -1 of 1 PA VALLEJO ROAD ..,..n,,otionnoonnemoo0000.P.7"...,,...0PO4,00m0P0090non qn.ntwiTit.00Pinonnonolloopandoe PUNMIO LECEPO 1 Da. Mal fa EN ir W rw ... =IP iliCerriTh"=cr TWM2g irrirtg bar. aw mama. au ...re c▪ .EI im..w am. La. .../d Ibaaw ir riR In. ..als aim. tr. 6001141. MuClr a p wmin mr . Mb 6mbi Err pataw IELPEEBE .▪ ..J. API hi. Eandr Et Ore 1,11,11..1 ge... IMMIENC. dalEmbb iw lat - r - ENCIIMM ir 1=1=i=1011=•=0.1 z 17:111=E1Mr=e61Mr==n1P=Erna5=. FUTURE BUR,DiNG MK= E.Ell ski TN KL.E.ii sp. lg.. ...cr rip. um AM • COED bb.L. br PREPARED FOR' RELP OIL S E ICES, I NCI PACIFIC REAL ESTATE Will a. TONY DEHBOZORGi EISG OAK VALLEY PKW, REALIIMMT, CA 92223 (f14) 7i9 -a FAX (SC%) 15,13-76g JOB /WM 11)112Ce6 MCALKIK11118 ri41011- I laid Cala al. ULM LimEr...., .Lwk 64.1.100C PALA LAINIEWE MUM! It F1'.. 11.313 Ea. 1.,10 EL. Ft WI.JIM PT. FT. ME E. 1114 LIE C.R.PHic -15 IT ALHAMBRA.Celar LANDSCAPE kCHITCT..JL i Cniirornia 12917 cRto, 470./ FlOuiCS. PLAwatiNG 75.1.-M1 GATEWAY TO TEMECULA LA FITNESS PREUIAINARY PLAN11NG PLAN L-1 of 1 APN 0922-170-033 PA 16-009 VALLEJO ROAD - I 1191. MCI 111119.1 UM. DP at ILL KAMM LEGBID NI 1a0.ta masa eram..- ar9.0 re. tmema acr .1 era 915.511000100 tmaraps.& 9. At .W0 "JP.. OM. iCIF WHP lin CPC MI, 4.C, 44 ,44.412 rata id awn. 1,4 ILA 41,012P imart !ma aagl a p.m 6.41 44 44... .44411. er Jima 7..9W% rrtleL riziaarr 74.7.744441 411..411W .114111 r PI, a. UMW 111.11.1, 41•••• FM:kr ir .41W 117 414.4 134.1=P PCM. 1411. I oak .0Mze Arm. larramo rg pre cr %NW= 4.0 MO Mama 0.1.4 Iwtt Ta we men L- 9.119q 1...4 ?z( -10k ?P. =VC tgaM9aN mem Ala eilenr, rjr,. Tr. nes 1111. MED Erit kOWIPOM F'FIEPAPED FOR MP OIL SERVICES, INC/ PACJ C REAL ESTATE AN11111 &IOW ID€1180201kai 8416 OAK VALLEY F.V.ri ElfAUMONT, CA 92223 MI_ (734) 7,1-a1J V$J. (Has) $.13.-7n4 ,11011116-11:1 11#20111 UTE CALO.LATIONEI PAC. ird Ca°,111. Sur teeta 1114,107 110., re, 91.19a, 04099.1.1101.1 Lf21 ft tit051.R. .1.105 910. ri vaciapn ar711.1 LA41.4.4.11 meta Et KAI. Emig Si GliffIRPC WALE 15157iL t re. - a '1 LI-IAMBRA. GROUP LANDScAPE ARoirrEcTuRE cimrtchrN. rrc mut IG7 RECS./AM:NY FACILMS Puiatez aon,}}ripm GATEWAY TO TEMECULA LA FITNESS CONCEPTUAL COLOR PLANTING PLAN of 1 AM/1922-170-013 PA 16-009• 10.004,44 1 1.114.. OA. CAPP. WM btRa At Wt. 0.41 _ W. 4=114. 41.11411 . PPM, LA 2, .. it.. nig 0 4r...P G-5.1" _ Wes(00 +.4 • 1.111 L , 1,4L 1 • ....... .......... 1.14.4". I 1., `014.1 14. C .. P C .1.j SM., = ' 1i, 1114..1 -4 41 it fs.. a a i0 • R. Bzrad_ ...... II. ,1 411:00 91,11 , WE. V .•-• 4.4 _ .... *Mai ..11..1. 1... , °.11.1.14 WM.. 1.1141,1 .11- 1.10 • r-r,i, ....i. t • .1' i. . tk z.w.F -- ,Q, -----,01,../...1i `Kit n...ka-AW. Ielli.-10. I • +••••• ' i ILIN. II. .•-al'iclZri' A k I a Mr, 1 , .itiliWrpair... •-v--------" i.31. L7Lett a keler • 411 • • , 117r 1110.5 6.,. (.--1-2...- iliNtii.'4,...- -nii„ MI aai. IF irn ,..,,E95100 wax i ..1.14. •=4:0, -11. , ' - ' 10 i r..... a IA. 0 f 6 C !T..., liThal'. TC'tk. lalt. IMO 10.170 9. 091/956 1012.1. .01M9,11119Fna a 9.‘ .....4 . .., 4,At . 0.• ilin.:41 1... ..5 arri:Y. 11!_49!..... We %IMP 01.4 e.... • 13.191. 91 ..... : 0111,1. MA. a .24X-P4X1:411. atli190 CROW 11C .13.1111.1=1....• 'I. ..-, rx.c, item. ...ana ...... ...... ,,,,, •P • -04119:ea a5Eii r .•. 1 tat. ma .0 ate. MT, - 01...... ... 0%1 1.0. P.11. WEL lie 111014Lud, 11iie,o6 ..‘ a -. 11,9a,0111. rgmer L- 9.119q 1...4 ?z( -10k ?P. =VC tgaM9aN mem Ala eilenr, rjr,. Tr. nes 1111. MED Erit kOWIPOM F'FIEPAPED FOR MP OIL SERVICES, INC/ PACJ C REAL ESTATE AN11111 &IOW ID€1180201kai 8416 OAK VALLEY F.V.ri ElfAUMONT, CA 92223 MI_ (734) 7,1-a1J V$J. (Has) $.13.-7n4 ,11011116-11:1 11#20111 UTE CALO.LATIONEI PAC. ird Ca°,111. Sur teeta 1114,107 110., re, 91.19a, 04099.1.1101.1 Lf21 ft tit051.R. .1.105 910. ri vaciapn ar711.1 LA41.4.4.11 meta Et KAI. Emig Si GliffIRPC WALE 15157iL t re. - a '1 LI-IAMBRA. GROUP LANDScAPE ARoirrEcTuRE cimrtchrN. rrc mut IG7 RECS./AM:NY FACILMS Puiatez aon,}}ripm GATEWAY TO TEMECULA LA FITNESS CONCEPTUAL COLOR PLANTING PLAN of 1 AM/1922-170-013 PA 16-009• GATEWAY TEMECULA Temecula, CA COMPREHENSIVE SIGN PROGRAM AUGUST lith, 2016 PREPARED FOR Pacific Rett Estote LLC. ond B P SerAces Inc 886 Oak Volley PO ricwi;IY, Bacurmant, Cutifornia 92223 909 93E1.0979 PREPARED Ey AD/S 1160 Railroad St Carona, Calilforri;0 92882 951 278 0680 DEVELQP€I / OW Pia 54GCONS-LI LIASIT Pacific Real Estate LLC _ and 0 & P Oil Services $nc. 886 Oak Volley Parkway, Beciurnort California 92223 909,938,0979 1160 Rnilrood 51. Corona,. California 92882 951.278_0680 GATEWAY TEMECULA TABLE OF CONTENTS Objective Page 1 Sign Size Parameters 2 Sign Styles 3 Type Styles & Logos, Lighting, Colors 4 Approval Process 4 Prohibited Signs, Window Display Graphics 5 Fabrication & Installation 5 Biode Signs / Under Canopy Signs 6 Site Plan 7 Building Elevations BA - BE Corner Monument Sign 9A, 98 DIF Project & Tenant Monument 10 Gos Station 11 LA Fitness 12 S/F Directionat Sign 13 Parking Cade Entry, Stop and Hcindicap 14 Store Hours and Rear Entry Signs 15 Building Address Numbers 15 GATEWAY TEMECULA OBJECTIVE The objective. of the following Sign criteria is to provide 5liondards and specifications that assure consistent quality, size, voriety ond pia cornent for Tenant sign throughout this project. This critena is a intended to stimulate croarrve inverrhan and ach.ova the hsghest standard of emoiellerica in environmental graphic cornmunicalion. Such excellent@ is best achieved through open and frequent dielogue between Tenant, Landlord, and the project's graphic design consultant. Sigmas° at Gainwoy Temecula, Temecula, Colifornia is an integral parr of the conler$ image ord appeal, so signs must be thoughtfully designed, placed and proportioned to the incli,iiduol oirchrio.ourol focode on which they ore placard Core in ithe design end installation a Sion, 5 tign5 will enhance, ru.slomer's appreciation. OVERVIEW The ovehdew of this criteria is. to GiSi Si the Developer/70mM and City relationship, The Developer ondlor tondlard will be responsib4 to: a. Provide bow, building do5rgn orad construction inforrnatian requested by Tenant's sign design consultont. b- Review, common' and opprove Tenant sign submission. return,. the Tenant will be responsible for, Design, fabrication, porrnMing arid instalHation of signs, including onyx 5rructural support orid electrical service and any onY paI instollation requiring addition or modification to thisihII buildi rig opprod by the Developer. Tho Toriont shall employ professional sign 'obligators and instollers approved by the Devetoper who are woli qualified in ?h. 113 ch niques and procedures toga:Ir.:id to implemorit the sign design concept. The Tenant will abide by 011 provisions, guidelines and criteria contained within this •Goteoy To Torneculif Sign Frorcirn Ont y thou, sign types pro,ridecl for and %pacifically approved by the Dove toper in Tenant's $ign submission dixurriunh will bo allowed. The Devakipar may, al his d.,,,itrintien and at the Tenant's expense ond calor proper notice to Termini. roploce or remove any sLign !bpi is installikd without Developers written consent or that 1 not execuloct 11cOMOITFICIVICO h 1r. a F.1.5,MC1 submission. Tenant shall furnish the Developer with n copy of all sign fabricalion ornd installcrlion perrnas prior io raiollaiiori It will be the responsibility f the Tenant to satisfoclorily repair and patch holes of their Atoreironi sign area Shaw the Tenant vacate these premises. Note, This sign program is intended to show the lacatiari, size and square focrioge of signs (building and site signsl. Designs may change in the future as the project moves for.ard and aro subiect to change at Londlara's discretion. Such changes to this sign program must be appraved by the City al Temecula. ADS' COMP.MIES • GATEWAY TEMECULA SIGN SIZE PARAMETERS (A) Project Monument Oct@ (1) 171-3' high maximum, double faced illuminated rnonurnerrt sign with Project and Tendril Names. ( Project Meirkernent (Corner Monumerr0 Few Place 14) Mulii-LievaL 111-0' high maximum, single Faced illuminated monument sign wrth Tenant nornes, H_Im Monument Signs A 13 shall be located within planting 'weds consistent with development code .5c -ion 1 7,28.070. Ki Gas Prim MooAtter* Ons (1) 6cD" high maximum, double faced illuminated monument 5 in with on LED digital display option, )D] LA Fitness Two (2] illurninotecl charmel letter signs, One (1) illuminated logo sign; all Three () mall mounted,. {F) Wail & Canopy Me gmed Signs Each Tenant is allowed storefront ID signs above, their storefront_ Unarms with Elul/ding elevations fixing multiple eipaSsireS SUCh as publ.c streets and/or internal parking lots, streets or alleyways, may Pnto r porch: signage or each elicniciticiek, as approved by Landlord at Lonallon's discretion but not to exceed I 01 5 queue Feeiage allowed fac their loosed building arias 4, Sign o roc] allowed for orTenant shall be calEuluted as follows.: One 11.0) square 'Feet of sign area per knee., low oieach tenants olevotiorm. Secondary. sign copy ms pormifted but shall not exceed the total square footage of sign orea permitted by the Tenant's leased storefront The maximum width of any Tenant's storefront sign rricry riot exceed eighty (80%/ percent of the, Teriont's leosed storefro rit In no case may CI sign extend beyond the roof parapet or adjacent building eine line_ Signs ore riot allowed ion or against any roof s-tructures, ..119.21glir-ailEgmLez.iire merits-, When it is found that the strict or literal interpretation of the provisions set forth in this rriteri0 would cause undue difficulties and unn...wry hardship inconsistent with the purpose and intent of this criteria, o minor deviotiori or deyiation may bei ruffled subject to specific requirements and findings as set forth below. • The sign is in proportion to the enrckure or USG to which it r.ki.s. • The sign's externol ooPurco aro ir balorice and unity, and present a harrrionious appearanice. • The sign is conmic nit with the obiectives of the overall generol plan • Deviations mull be a ppro.od by Landbrd card the City cif Terneculo ALI signs shall be MOCISUritd for Wioo bycliewing a single, continuous, rectilinear parirneler 01 nol more than (Light stroigi lines, a nctosing the oAtrorrie edge. af the writing, reprosentotion, orniallem or other display. aockg rouindi r upporhog Frornewor k or cain ncidoniol le the display itself shall nut be included in ooliroloting this oreo, NA..1TL NAME GATEWAY TE ECU LA Examples of Mixed Media: Ir dual U41, iNVIIC t hh,n*l LIN. • e "ihaunl.d pn gr ppyr. Halo lit letters on wire mash background_ External downlightirig, External o3snecLighting Fixture, JuStiCe -it Wall mounted Halo illuminated channel letters with an aluminum panel and routed copy. Exte rno l dawn lig lit. ng. SIGN STYLES Creative and irnaginotr+re signage is strongly encouraged and will be the standard for Developers review/approval of oil sign design submittals_ There ore many acceptable sign treatments, however w Mixed Media ' thren-dirrbensionul approach combining .evwrol dilf.rorot fabrication and lighting tec rriiques is preferred Tenants ata strongly encouraged lo consider the specific arc h i tec1u ra l siyio of their Facade, file gall con pl of lex protect the scale of the propovod sign and the ctdi viewing angles and sight linos when designing o ppraprawo graphics and signs For the sit. Note 1hal specific locations and su,rrqundrng architectural ircohne.nis con krri I t mammon sign l,oghl and lengtirs, which may differ from the general guidelines prrapast d aborti. The Developer and 11.4 City of Temecula reserve the right to approve or reject any proposod sign an Ihe basis of the site and pk,,comont Acceptable sign styles Fn du die: 1- Creative use of Standard illumine+ed channel levers.. 2. Front and halo-iIlurni netted cno n neI letters_ 3_ Malo illuminated/utters, 3' deep minimum. 4. Mixed media / dimonsiontil signs using images, conS, la gas, etc. 5. Mixed media, 3-diinma teinrial signs pointed gold, silver or .Capper leaf. 15. Dimensional geometric slopes. 1- Sandblasted, Natured and/or burnished metal -lad faced ietiers, pin mounted hum fucade with gooseneck light Fixtures. Mixed Media s i g n.s ore signs employing two or more iJ;l u rn in rltion and fabrication methods. For example: Halo lit .remorse channel letters., Also, o Ctho, g h recwa n u to r co b i nor signs are not 01II ed rn, media signs may be composed of e I o morias, one of which mop bo o panel or cabinet_ However, the panel l cabinet sign should not owoad 50% of I bo 1o101 o sign area With the Developer a p prava Ir complex shaped Ci. a Polyhedrons sign cabinets which is pari of a motional Togo, may be used alone if they I o -petal's dimensional elements such as push -through letters, NOTE: ALL TENANT WALL SIGNS ON THE NORTH ELEVATION ABOVE. THEIR STORE FRONTS FACING THE RESIDENTIAL HOMES MAY ONLY EE HALO ILLUMINATED,. 3 TYPE STYLES & LOGOS ThO u=4:1 of.4 diStindl.3"Pa styles it encouraged for all Tenant signs Sri iTicy bit Mir bund dh 0111.0, grophics ond o dimensional elements denoting the type of business Tho Tenon, molt octc110 esloblitshad %tylo. logos ssrsdfor images the! are ili VW 041 sirnilor buildings operated by the Tenant in California! provided tho] th.i. knives OM OrChitliCIW011y COMpeiiiik arid approved by the Landlord and tho City of Tornecula. The typeface may be arranged in ono (1) or two (21 lines of copy ond may consist' of upper and/it r taWer Cum! lotions, The Tenoni should identify trademark pnolectod type and marks in 'heir sign submission to assist the Landlord and City of Temecula in iiho review process. UGHTiNG To-nont signs should be crealively illuminated using a V ri ety of lighting techniitherS. One or mare of the f0ktowing are 011Q.15d, 1. Light Emitting Diodes IUD'S) 2, Fiber °plies 3 Cove Lighting (Indirect Illuminarion) 4. In-candescerri light bulb If is is determined by Landlord el any time that 1ne primary lighting of Tenant's woll sign or blade sign in too intense. the Landlord may require at Tenant's expense lit risiuli u dimrner switch. COLOR5 The following guidelines ore for $0142,cting colors of Tenant's signing_ The propoct and the individual building Coracle will consist of a variety of colorand molar -lois Signs rricy incorporate regionall-y and nationally recognized logo colors. Sign colors should be selected lo provide sufficient contrast against building background qalorz, Sign colors should be compatible with and complement building background colors. Sign colors should provide variety, sophistication ond excite rn eat Color of lo -tor returns shall be a contrastirsg color to the face of the letter. hlean accent cialors should complement related signing elements. Bright colors 5U ch us " Mat Pink will nat be allowed. APPROVAL PROCESS .A1 least thirty 043) dors prior ra iho Lonatifed's scheduled delivery af this premises. Tenant shall provide tho following informailan la the Landlord for review. Note: This information is separate from opprovoF submission and store design and drawing 5Librnisziore... ond will be vsed to begin tr, do,ign process. Store Nome; Store Logo lin color with colors identified), Store interior maierials, colors and Finishes. Allowing reasonable time for Lancliold's review and Tenant's revision of submission in advanco of sign fabrication, Tenon' shall submii for Landlord's opproval, three (3] se1-5 of corriplela and fully dimensioned shop drawings of the Tenant's sign to the Landlord's Tenant De,eloprnont Director. Shop drawings snarl include ut leasi the following: Tenoni's enlire building facade elevation, showing the proposed sign, in calor drawing to senile of 1/4" Plus a site plori with the marked locations of the proposed sign(s), Storefront (portial building) elevation showing ihe location, size, color, construction and installation details of the Tenant's proposed sign, Typical 'section-thoughletter ond/or sign panel showing the diMenSioned projection Qf the letter or panel face ond the illumination rnetnocl. Color and material samples tagetner with a photograph fif possibl$ of a similar installation. Within ihirty (30) days of receipt of the sign submission, the Landlord *rift appro.., as noted. or clisopprave with comments the Tenant's sign design,. Tenant must naspond io the Lnadlord's ecirrimonts and re-nubmit within fourteen calendar dam, and repeat this process until all nign design,. fobricalion and inStgllution issuss are resolved to the Landlord's satisfackan. Upon receipt af .Enai sign approval, Tenant may submit. the proposed sign is the governing agony for review for consisiency with tho Sign Program and the required fabrication and installaiion Fiorrnits_ -Tenants are required to provide two (2) sets of the Landlord approved drawings to the City of Temecula when submitting for building and electrical permits.. 0 ritk.in.t odh pit*.d lritoi.iitn copy and dimitnoriol kcn, itr nwionitIy it Iszfl i.afidkrn+Own atmolictiomi, chemist lair' ctimot b. usid A D IS GATEWAY TEMECULA COMPANIES & 4 THE FOLLOWING SIGNS AND ELEMENTS ARE PROHIBITED 1. A sign that consists of only on unadorned rectangular cabinet sirwith. tronsluourrt or opaque faces. 2. Tern porory wall signs, Pennants, Sale irominotional Banners, Inflatable displays or Sandwich boards, unless with specific prior approval from Landlord 3_ Temporory signs oro subject la The City of l'OrrieCUI010.011PWOrlf Sign regulations. 4- Gold leaf treatments o windows or box signs without Londlord's written approval Note: Approval is at LoadJord's discretion. Off the shelf signs aro discouraged 5- Exposed junction boxes. wires, plug in Winn on window signs, tronsformars, lamps, tubing, conduits, raccrwoys or noon crossovers of any type, 6_ Sisals using iiirn-cop forainatim that do not match the color of the letter and logo returns (pdlishod gold, silver or bronle trim caps are NOT permitted'. 7 Pre-monufactured signs, SUctl 0.5 franchise signs that have not been modified to meet theriteria. 8. P'oper, cardboard, or .5tyrofoorn signs, stickers, or decals hung around or b& -id storefronts. (bi.cept those required by governmental agencies 9. aposoci lastenom unless decorotive fosic nor% are essential to the sign design concept 10- Simulated mclerials SUCh as wood grained plastic lommotosaiwait coverings, 11. Flashing, oscilkiting, animated lights or oihor moving sign components, 12. Rooftop signs or signs propecling above roof linos or ixiropeil 13. Signs an rnonsord roofs or equipment screens, 14. Advertising Or promotional signs on parked ,rehicles. 15 Sign company decals in fall view 'limit to one placement only). 16. Painieel signs. 17. Portable and A -frame signs, 18. Wind-acrivoted gad batloon signs. 19. Outdoor odyertising structures lbillboords). 20. Signs pointed directly onto the building will nOt be permitted, 21, Noncompliant signs are lo bo removed immediately upon request 22. Promotional and ternpbrory signs will not be pormiited without written Landlord approval and must be in crccordonce with Cit./ of Terneculo ordinances_ triPILAL FRONT EMIT ELEVATION GATEWAY TEMECULA —Thi lJtrlrba HOT perrn7aed. — tri* lir 1311E6147A lra 2'41` 31-11 75 si kmeg WINDOW DISPLAY GRAPHICS Each Tenant is allowed c irnilo.d amount of window sighoge on their storefront windows. 1. Two [2 sz;luore fee. aF cornporry vinyl name and/or logo in each storafroni window ar Nano 191 square foot of a company Logo (illurriinated or non-illurninotedi in any one (1) viiiriclaiw of a Tanoni's storefront Note: Exposed noon i5.not permitted in windows 2- One (1} icivare foot of compony store hoursto be whiie. vinyt non lit copy. 3, Alcohol & tobacco odverivsornents will riot be permitted, unless specrficoily approved by Landlord. All of the above requires approval from the Landlord and he content will bo of the sole discretion crf the Landlord. FABRICATION Tho Tenant must nsure that his sign fobricator and installer understand their responsibilities before they begin the sign fabrication. The Tenan.t's sign contractor is responsible far the following: 1. Signs must be fabricate -d of durable appropriate wixither resistant materials complementary to the b-1359 blinding ITItlitirinIS 2. Dissimilar rnetals used in sign fabrication shall be separated with non-conductive gask.ats to avoid electrolysis. Additionally stointess steel fasteners shall be used to attoch dissimilar metals, 3. Threaded rods or onchor bolts shall be used to 'mount sign letters which are held off the background pond. Angie clips alicschad to letter sides will NOT be permitted. 4. Colors, moierials, finishes shall axortly match those !ubmiited lo and approved by the Landlord 5- Vinible weldand seams shall be ground 5niooih and filled with out body compound before pointing. 6. No fasleners, rivets, screws or other atiachrnerri devise shall be visible from any public ntog 7. finished motel surfaces shall be free from conning and warping A.Il sign finishes shall be lino of dint, orange pool, drips and runs and ihall hove a uniform surfoce conforming to the hignoilt industry standards a. Reverse channel Tellers shall be pinned two inches, front the wall. The letter return depth shall be minimum three (3') inche5 and letters shall hove o clear acrylic Packing. 9. 4i1 Si gas lo be pegged a minimwin of o halt 11/311 inch from wall Of facode onto which the leters ore attached_ INSTALLATION The Tenants sign installer wilt provide the folfuwing; 1. Provide the Landlord with on original cer.ificete of insurance naming the Landlord as on additional insured. for liabiiity coverage in on amount required by Landlord 2. Obtain ail required sign permits From the City of Tome -colo, Coiifornio and deliver copies to the Landlord before installing the signfs). 3_ Keep a Loncllord approved set of sign drawings on ole when installing the 5ign(5), 4, omni the sign(st against latent defects in moteric Is and workmanship for a rniniroum of one (1) year. 5 '111 3'4 f SW' GATEWAY TEMECULA PEDESTRIAN ORIENTED PROJECTING BLADE SIGN Eo -Ch Tenant porrnitisci one (11 blade / under canopy sign per customer untronce. Tho blade sign program requires that each Tenonrs graphic identity be transformed into c3-dimonsionaldoublo,facied sign. Curt -stela signs ore not pentlitied The L onciounages the Tonant to propelle blade / under canopy sign design, which enrich th5 pedestrian anvkonmeaf with u creative .use of color ond malarial combined with a strong store Rama identificatian, 1.z." Bladeunder canopy signs will be non-iliuminoied The exiernal lighting method for tniass signs shell be deterreine.1 y usndtufd Blodd urrdar canopy 5.,grri shall prated no mom ikon thole foot sill. inches .13141 from Ph* building face, end shell be aa mare than two foal six (21-61 in haighi. with o maximum of eight 18quare foot cif area, for each face Cladranca Irom ho undomido of the blade sign, to the finishad common Groa pawing shall beu minimum of eight (w.cril fooT The blade sign may not be the Tenant's primary stare Identification sign and will not ha included the calculation for the overall area pertained. The blade sign may use creative shapes and be 3-dimensional. Landlord is not rosponsiOle for structural backing or the dedipated pringiury electrical power that may be required to Support the blade sign. This must b roordinaied with Tenant's Improvement Connecter prior to Installation. Lighting method examples. pf 6 rr i J ! Niejootivut • PF o,P u 1 { f z 1 r , LA f]TNE% SIGNS (D) 1._ DIRECTIONAL SIGN fiE • REST t. 5,F PROJECT AND II H; ENVY MONUMENT SIGN (B) - e TEMECUIA RKWY TEND LET • NAM aDMINATIO ONLY GATEWAY TE ECU LA e n GAS 5TATIKN SWN (C1 a Road Signs. C - - Reach Sig: SITE PLAN rT r 11 Netkattlicholly TENANT CHANNEL LET1€R5 - FACE UT DR LO !LUAU TED soSTOP SIGNS I OFILED Ate 5IM Mai' PARKING SIGNS FIR$ IANES CII 1 M.orwrn S Tann Sign (A) Bruit 5igns rry C 0 PA 4441, . # B. 7 1 GAS STATION BUILDING -A ELEVATIONS GATEWAY TEMECULA SOUTH ELEVATION N ORTli ELEVATION EAST ELEVATION TENANT 01ANVEL UTTERS - HALO 11I WAINATED ONLY WEST ELEVATION TENANT (FIANN.EL LETTERS - FEE LIT OR {LO ILLUMINATED ,Nlit-M WI< 8.A GATEWAY TEMECULA BUILDING -B ELEVATIONS NORTH ELEVATION EAST ELEVATION SOUTH ELEVATION TENANT CHANNEL LETTERS HALO ILLUMINATE DONLY WEST ELEVATION TENANT {I,kP E1 LETTERS - FACE LT QR HALL ILtl11+MNATED Fiff 8 SOUTH EL fAT1ON 0'C,'Q' Wit. a1" BOA. "4E0 [ate 0 NORTH ELEVATION GATEWAY TEMECU LA BUILD1NG-C ELEVATIONS WEST ELEVATION Hid CHANNEL LETTERS - HALO ILLUMINATE(' cIHut LAT ELEVATION TENANT (HANEL LEITER FACE 1.0 OR RAW ILLUMINATEU WEST ELEVATION BUILDING -D ELEVATIONS SOUTH ELEVATION NCIRTH ELEVATi014 GATEWAY TEMECULA TENANT CHAN NFL LOURS - 141.0 NELININATED OHY [AST ELEVATIOII MANI HANN E ETTER'S - FACf LIT OR IIALO I L LUMI NATE D. 8.0 SOUTH ELEVATION NORTH ELEVATION a EAST ELEVATION WEST ELEVATION GATEWAY TEMECULA M1TH E55 R51 COQ*LN,1E3 CORNER MONUMENT SIGN (A) TENANT NAME TENANT NAME i•,.� m:. TENANT NAME .� ice# # r .. 1.0 - 1: .a► tib# m, - ilr. . GATEWAY TEMECULA 90 CORNER MONUMENT SIGN (A) LAIFITNESS ArgaliW- SCALE: 1/41 GATEWAY TEMECULA -TENANT NAME TiNANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME LA Fiins552 132' A I4., 112.83 sit °Iowa, 33" ,s = 825 sif Tem nt Natats; ur 184 = 11 DO sti GATEWAY: 9&i3= II 67 ill TB meacp 82 AI4 = O3/f = 57/8 sfi hIJffIInuIn obinet pa in led PMS 2ale. )or trims lop, cop 7o ha ntriiiir,, u5hed-1 hrinirrioII illuminmEdi A.I u n 'nu rn obinc 1hoirsite1 emetior poihird [Ai Cr 311.1 finish,poinled tuit color, c07y lo b.e ouylit pirshad- frnheinalfr 111,4144W j Up. FON - Fu ra Bold Cr. rrier,,Hd 174' ANT' 111-10' 9b estiiimorwit ,r* _ 45„ qtr PROJECT ENTRY MONUMENT 1 Amigo chine with won veil eiturkw rtil cacti hit& or* limidunirom mites,, lc p1u milyilkaiitiodi Ahmiess worn Wit %ppm? fin mass ishlk ponied rust mlar Alumna vire mesh pilled Mt char, mage final' TetftePati TENANT NAME i TENANT NAME 2 TENANT NAME 3 TENANT NAME 4 TENANT NAME 5 TENANT NAME 6 TENANT NAME 7 TENANT NAME 8 rwith biz ,1r ,rrewun z, fir, ek pairold rtesi aier rt. math prv`t�ii. rauied cur alui b+x d•up •rh'rra l carry linermally Nlrrr hied) Co -pr FDNC - Fuhjro Bold Co ride nid IQTE; Only fan r' Fula ro bold condensed' 15 to ba ,rAd an each indilkwol Lena ret panel. N e other kill 15 perm ire d, Lugo 5) n1 hi I a re e+ot ;wanted GATEWAY: 10' a 75' = 5.21 s; f Temecula; 31'x `= 1.511 F Nonni' Homes: 48' x 1' (811 = 10:67 sif TOTAL = 1719 uIf Sroi n u i ConorE re FauJ p i Amd rrrsi rolc r In n iuic h Traject GATEWAY TEM ECU LA Ste:112" uu 1'y0" 2'44` 41- ON 155_ k. GATEWAY TEMECULA GAS STATION MONUMENT (C) SCALE: 3,fr = TOTAL 56.400 SFoie Corrcreire P. .=LairF& rust alar ro rich project Gas Price Monumeint 11) double Faced illuminated monument sign with mi LED digital display apticn. Fri LA FITNESS (D) Nate: Sign Locations are examples only, not exact and /nay vary slightly as shown, GATEWAY TEMECULA )2a LAIFITNESS TENANT NAME 1 TENANT NAME 2 - TENANT NAME 3 TENANT NAME 4 4Jurnieurn pond i1F flu; torten Iiraish p.erirnerer and painl ri rrpro u Ird, arrows - lisurfut opo qi. e !AM inyl ' LA FITNESS' foritilqa is opprErEdas is IL other tenant copy iu use font ' FL rura 9d Id Condensed' for ihei r copy, No � Ihnr' on1 in perm ifln n. fin Ingo Qirtois permitted. GATEWAY TEMECULA S/F DIRECTIONAL SIGN (F) PARKING CODE ENTRY SIGN SPEOFKATIONS; - 4 SO. POST PAINTED FAUX CORTEN. - FACE TO BE 14A LUMIN'Uhi PANTED FAUX (ORTEN. - COPY TO BE WHITE (220-12) VINYL. - "HANDICAP' LOGO TO BE REFLECTIVE UGHT BUIE (28-76) WITH WHIFF GRAPHIC. • "ARE LANE'. TO BE REFLECITVE RED (2O-72) VIM WITH WHITE COP ONE at mil enfl GATEWAY TEMECULA 14 SP FOFICATIONS: • 6" NIGH OPAQUE WHITE VINYL NUMBERS/LETTERS ON ENTRY GLASS ABOVE DOOR. - "STORE HOURS" TO BE *HITE VINYL ON WINDOW NEXT TD DOOR.. - ALL VINYL YO BE APPLIED SECOND SUR FACE_ - 2 SQ. FT MANUAL SIGN AREA. 1234 roiCikt FRONT ENTRY ELEVATION SCALE: 3/gi'=1'41" g11OILMEEM1N.E2 GATEWAY TEMECULA EDFIcITIONS: -4" AND 2" HIGH VINYL NINABERS/LETTERS ON REAR ENTRY DOOR, - COLOR TO BE IN CONTRASTING COLOR TO DOOR, -250. FT MAXIMUM SIGN AREA. zr' 1234 1 TENANT NAME 1234 wick REAR ENTRY ELEVATION SCALE:318 11,Pr: TO BE DEFEEXINiQ WINDOW HOURS AND REAR ENTRY SIGNS BUILDING ADDRESS NUMBERS SPECIFICATIONS: 101 ig 75." THICK SINTRA NUMBEM (Nob: stroke of Hier to be no less than - CB( sixtion 501.2) - PAINT COLOR TO HATCH PROJECT (CONTRASTIK TO BUILDING FASCIA (0100). - NUMBERS TO BE STUD MOUNTED TO BUILDING FASCIA, 1 1 I i234 Fr' . 15 STATEMENT OF OPERATIONS Statement of Operations - Development Plan (Gas Station witarvvash and Alcohol Sales and Other Retail Uses) Pursuant to Section J of the City of Temecula Development Plan Permit Application, the following is a justification and rationale outlining the request for a Development Plan Permit. 1. Hours and days of operation. The Project consists of a service station with carwash and alcohol sales, as well as other retail uses. As is standard with most businesses of this nature, we expect they will be open and operational seven (7) days a week, including holidays. Service stations are typically open 24 hours. The car wash is expected to be open for approximately 10 hours, between 7 am and 10 pm, per Section 171 0.020.G of the City of Temecula Development Code. Alcohol safes (including hours) are subject to California ABC regulations. The other retail uses are anticipated to be open 12-14 hours. 2. Number of employees. The specific numbers of employees are anticipated to be: Gas Station/Convenience Store Full-time: 5 Part-time: 15 Car Wash Fulf-time: 8 Part-time: 15 Other Retail Uses estimated Full-time: 10 Part-time: 30 3, Number of required parking. The amount of required parking for the proposed uses has been included in the overall parking for the entire site and based upon the square footage of gross floor area. According to the Temecula Development Code, the following parking is requrred and provided for the Project: Total required 99 spaces Tota provided 103 spaces 4. Average daily peak trips generated. The amount of daily trips generated will be presented in the traffic study for the Project, which will be submitted to the City at the appropriate time. 5. Type of equipment or processes used. The types of equipment or processes used can be anticipated to be similar to those associated with service stationicarwash and general retail uses that are allowed on the site. 6. Description of hazardous materials. The specific types of hazardous materials used for all uses on the site are unknown at this time. The types of hazardous materials used can be anticipated to be similar to those associated with assisted living facilities, service station, and general retail uses that are allowed on the site. Types of hazardous materials used will be presented in the Chemical Classification Packet (for some uses) as required by the Development Plan Application. 7_ Other descriptions that effectively describe the proposed use. None. Statement of Operations — Starbucks Pursuant to Section J of the City of Temecula Development Plan Permit Application, the following is a justification and rationale outlining the request for a Development Plan Permit. 1. Hours of operation. Drive Thru - open 24 hours. Cafe (inside store) - 4:00 a.m. to 1:00 a.m. (same hours of Starbucks to the east Hwy 79 and Pechanga). 2_ Number of employees. It is anticipated that there will be four (4) employees on each shift. 3. Number of required parking. Minimum number of parking stalls required by code will be provided. 4. Average daily peak trips generated. The amount of daily trips generated will be presented in the traffic study for the Project, which will be submitted to the City at the appropriate time. 5_ Type of equipment or processes used. Standard equipment used for the production of coffee. 6. Description of hazardous materials: No hazardous materials for the proposed use 7. Other descriptions that effectively describe the proposed use. Use group A-2 retail/restaurant with incidental food and alcohol use (incidental Beer & Wine sales for on-site consumption in cafO & patio). 2 PC RESOLUTION RECOMMENDING CITY COUNCIL CERTIFICATION OF EIR AND ACTIONS RELATED THERETO PC RESOLUTION NO. 16 A ,RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY AS ADEQUATELY PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GATEWAY PROJECT, CONSISTING OF APPROXIMATELY 8.79 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922470-014, 922- 170-015, 922-170-013, AND 922-170-012), AND TAKE ACTIONS RELATED THERETO The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PAI4-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-through facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application No. PA16-0090, a Development Plan. These applications were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the applications propose a change in the General Plan designation on the site from Professional Office to Community Commercial and a rezone of the site from Professional Office to Gateway to Temecula Planned Development Overlay District (to be known as PDO -14). PDO -14 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, parking, landscaping, lighting, screening, noise, control, water quality management, and other design aspects. Together, these regulations and standards seek to enable flexibility of the types of uses on the site, while ensuring cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -14, the project proposes a number of commercial/retail uses on the project site. These include a health and exercise club, a sit-down high turnover restaurant, fast-food restaurants, a gas station, drive-through car wash, and a convenience store with second -floor office space, retail and office uses, and a coffee shop with drive through (all -together, the Project). C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore an environmental impact report (EIR) should be prepared for the Project. E. On June 25, 2015, a Notice of Preparation of an EIR was released to all agencies and persons that might be affected by the Project. F. On July 22, 2015, a scoping session was held at which time interested persons had an opportunity to provide input on the range and scope of issues to be addressed in the EIR for the Project. G. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. R. On May 31, 2016 the City published a Notice of Availability for the Draft EIR to solicit public comment on the Draft EIR. The public comment period commenced on May 31, 2016 and concluded on July 14, 2016. The Notice of Availability was also sent to the State Clearinghouse (Office of Planning and Resources) and to adjacent property owners within a 700 foot radius of the Project site, to property owners within the Los Ranchitos Homeowners Association, and to interested persons who had requested notices relating to the Project. Copies of the Draft EIR have been available for public review and inspection at the offices of the Department of Community Development, located at it Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel'man Community Library located 41000 County Center Drive; and the City of Temecula website. 1. The City received nine written comments on the Draft EIR prior to the close of the comment period. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to each of these comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft ER pursuant to CEQA Guidelines Section 15088.5. The comments, written responses, and revisions to the Draft EIR, together with the Draft EIR itself and all appendices thereto, comprise the Final EIR, The Final EIR was made available to the public and to ail commenting agencies on September 15, 2016, which is at least 10 days prior to certification of the Final EIR, in compliance with Public Resources Code Section 21092.5(a). K. The Planning Commission, at a regular meeting, heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. L. The Planning Commission has reviewed and considered the Final EIR for the Project and based on the whole record before it, finds and resolves that: (I) Ail of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. (2) Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project. (3) The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. Ron Guerriero, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution N. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016 by the following vote: AYES: NOES: ABSENT: A PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: STAIN: PLANNING COMMISSIONERS: Luke Watson Secretary PC RESOLUTION ENEF AL PLAN AMENDMENT PC RESOLUTION . I - A RESOLUTION OF THE PLANNING MMI SI N OF THE CITY OF TEMECULA RECOMMENDING MENC IN THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PPRO ING PLANNING APPLICATION NO. P I -2858, A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION F FOUR EXISTING PARCELS FROM PROFESSIONAL OFFICE TO MMU NITY COMMERCIAL PN 922-170-014, 922-170-015, 922- -170-013, : - °1 - 1 , AND 922-170-012r Section 1. Procedural Fi nd f n s. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Ori July , 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay, On November 3, 2014, Tony and Amir Dehbozorgi filed Planning in p li ati n Nos. PA1 -2708, a Tentative Parcel Map; P 1 - 2707, a Development Plan; and P I -2709, a Conditional Use Permit for a gas station. On November , 2014, Tony and Amir Dehbozorgi filed Planning Application N . PA1 -271 , a Conditional Use Permit for a drive-thru facility. On December , 2014, Tony and Amir Dehbozorgi filed Planning Application PA 4- , a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P OH Services, filed Planning Application PAI -0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Arent Code. B. The Project 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 Project and environmental review on October 5, 2016, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested sted p r +on had an opportunity t and did testify either in support or in opposition to this matter. D. Ali legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the General Plan Amendment AppIi ati n No. PA14-2858, hereby finds, determines and declares that: General Plan. Amendment Ap licati n No. PA14-2858 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The General Plan Amendment is in the public interest. :\1AGENDA MANA ERPlarsning Commission Etems‘2016\100516\Gateway‘5-PC Resolution Genera Pfau Amendment (PA1-- 85S),doc The current Genera/ Flan designation for the proposed project area is Professional Office (P0). The proposed amendment would change this to Community Commercial (CC). The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional commercial service options that are consistent with the Temecula Parkway corridor, for citizens as well as pass by traffic on interstate 15. B. The General Plan Amendment is compatible with the health, safety and welfare of the community. uses. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. in addition, the Genera/ Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendrnent is compatible with existing and surrounding The proposed Genera/ Plan Amendment is compatible with surrounding land uses. The current /and uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial /and uses that can be utilized by the surrounding reside 17 tial. D. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed General Plan Amendment is consistent with the direction, goals and policies of the Genera/ Plan. The General Plan amendments will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to (and development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, pubic and open space land uses (Goal 1), and "a City of diversified development character, where rural and historical areas are protected and co -exist with newer urban development" (Goa/ 3). The project's land use mix will include commercial, retail, office and restaurant uses, intentional pedestrian -orient design of pathways and sidewalks that will maximize the connectivity of the area. This will ensure that focally -owned and operated Z:\lAGENDA MANAGERRanning Commfssion Items\2016\100516\Gateway\5-PC Resolufion General Plan Amendment (PA14- 2658).docx business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures_ The proposed General Flan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of General Plan Amendment Application, PAI4-2858 A. Pursuant to the California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (E1R) of the potential environmental effects of the approval of the Project, including the General Plan Amendment Application would be necessary. B. On June 25, 2015, a Notce of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held, at which time City staff and interested persons had an opportun4 to determine the extent of issues to be addressed in the Environmental Impact Report (EIR) for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. Tie public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have beer available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Hellman Community Library located 41000 County Center Drive; and the City of Temecu!a. website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. ZM AGENDA MANAGEMP la n n ng Commission Item sk201 6'..1 0051 61Gateway15-PC Resolution General Plan Amendment (PA1 4- 2858).docx G. On October 5, 2016, at a &fly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Manning Application No. PA14-2858, a General Plan Amendment application to revise the General Plan designations of four existing parcels from Professional Office (P0) to Community Commercial (CC) in the form attached to this Resolution as Exhibit "Al% attached hereto, and incorporated herein by this reference. ZMAGENDA IVIANAGER\Planning Commission ltemsX2016\100516\Gateway\5-PC Resolution General Plan Amendment (PA14- 2858) dam< Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Ron Guerriero, Chairman 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary Z:VIAGENDA MANAGER\Planning Commission items120161100516\Gateway\5-PC Resolution General Plan Amendment (PA14- 2858).docx EXHIBIT A CITY COUNCIL ORDINANCE RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA14-2858, A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FiNDS, DETERMINES AND RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay, On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tory and Amir Dehbozorgi filed Planning Application PA14- 2858, a Genera] Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Apphcation PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P 011 Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectedly "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; ZAIAGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\5a-City Council Resolution General Ran Amendment (PA14-2858).clocx Temecula Grace Meliman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Pian; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14 2858, a General Plan Amendment, and the final Environmental Impact Report ("ER'), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 116 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- recommending that the City Council adopt Planning Application No. PA14-2858, A General PEan Amendment Application to Revise the General Plan Designation of Four Existing Parcels from Professional Office (PO) to Community Commercial (CC) (APN 922-170-014, 922-170-015, 922-170-013, and 922- 170-012). G. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered ail the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - certifying the EIR, adopting a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, and adopting findings pursuant to CEQA. Resolution No. 16- and the findings therein are hereby incorporated by this reference as set forth in full. 1. All legal preconditions to the adoption of this Resolution have occurred. ZA1AGENDA MANAGERTIanning Commission Items\2016\100516\Gateway\5a-City Council Resolution General Plan Amendment (PA14-2858).docx Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines arid declares that: General Plan Amendment A. The General Plan Amendment is in the public interest. The current Genera/ Plan designation for the proposed project area is Professional Office (PO). The proposed amendment would change this to Community Commercial (CC). The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The Genera/ Ran Amendment is in the public interest because it provides for additional commercial service options, that are consistent with the Temecula Parkway corridor, for citizens as well as passby traffic on Interstate 15. B. The General Plan Amendment is compatible with the health, safety and welfare of the community. The Genera/ Plan Amendment is compatible with the health, safety, and welfare of the community. The Genera/ Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and we/fare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the Genera/ Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendment is compatible with existing and surrounding uses. The proposed Genera/ Plan Amendment is compatible with surrounding /and uses. The current land uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial land uses that can be utilized by the surrounding residential, 0. The amendment will not have an adverse effect on the communfty and are consistent with the goals and policies of the adopted General Plan. The proposed Genera/ Plan Amendment is consistent with the direction, goals and policies of the Genera/ Plan. The Genera/ Plan amendments will implement the goals and policies of the City's Genera/ Plan, provide balanced and diversified /and uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the Genera/ Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses" (Goal 1), and "a City of diversified development character, Z:VIAGENDA MANAGER\Planning Commission items\2016\100516‘Gateway\5a-City Council Resolution General Plan Amendment (PA14-2858).dorx where rural and historical areas are protected and co -exist with newer urban development" (Goa/ 3). The project's land use mix will include commercial, retail and restaurant uses, intentional pedestrian -oriented design of pathways and sidewalks that will maximize the connectivity of the area This will ensure that locally -owned and operated business and setvices will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Amendment to General Plan Text. The City Council approves and amends the Land Use Element of the General Plan to revise the existing General Plan designation from Professional Office (PO) to Community Commercial (CC) and amends Figure LU -11 of the Land Use Element of the General Plan as shown on Exhibit A, "Proposed General Plan" attached hereto and incorporated herein as though set forth in full. Section 5. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this General Plan Amendment Section 6, Consistency with General Plan. The Landuse Element of the General Plan, as amended by this Resolution, is consistent with the other elements of the General Plan, consistent with Government Code Section 65300.5. Insofar as other portions of the General Plan need to be revised to effectuate this General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this General Plan Amendment. Section 7. Severability. if any portion, provision. section, paragraph, sentence, or word of this Resolution is rendered or declared to be invaki by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Resolution. Section 8. Effective Date. This Resolution shall take effect upon its adoption. Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and cause it to be published in the manner required by !aw. ZMAGENDA MANAGEMPlanning Commission Items12016\1005161Gatewap5a-City Council Resolution General Plan Amendment (PA14-2858).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA Mike S. Naggar, Mayor 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , and that thereafter, said Resolution was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Joh!, City Clerk ZAIAGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\5a-City Council Resolution Genera Plan Amendment (PA14-2858).docx EXHIBIT A AMENDED ZONING MAP/GENERAL PLAN LAND USE MAP Proposed General Plan Land Use Proposed Zoning PC RESOLUTION ZOE CHANGEIPLANNED DEVELOPMENT OVERLAY PC RESOLUTION No. 1- A .RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING G P LI ATIO l NO. PA14-0167, A ZONING AMENDMENT TO REVISE 'ISE TH E ZONING DESIGNATION FROM PROFESSIONAL OFFICE (P0) TO PLANNED DEVELOPMENT MENT O E: L 1 PDO - 1 ON AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST EST C RNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922- 170-013, - 1- 1 , AND 922-170-012)" Section 1. Procedural Findings. The Planning Commission f the City of Temecula does hereby find, determine and declare that: A. On My 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PAI 4-01 7, a Zone Change/Planned Development v rl . On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA 1 -2708, a Tentative P a rte I Map; PA 1 -2707, a Development Pl rn; and PAI -2709, a Conditional Use Permit for a gas station. On November , 2014, Tony and Amir D hbo or :i filed Planning Application No. PAI -271 , a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PAI - 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Denbo r+ i filed Planning Application PA1 -o , a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of L P Oil Services, filed Planning Application P 1 -0090 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, at a duly noticed public hearing as prescribed 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. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, n recommending approval the Zone Change Application No. PAI - 1 7, hereby finds, determines and declares that: Zone Change/Planned Development Overlay Planning Application: No PA14-0167 is :n i t nt with the General Plan for The City of Temecula rid with all applicablerequirements of State lav and other Ordinances of the City: ZMAGENDA MAMA E R\Planning Commission Items‘2016\100516Gateway\6-PC Resolution Zone Change and Planned Development Overlay (PAI4-0167) doox A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula Genera/ Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 1 Policies LU -1.1, I .3, and LU -t6 of the General Plan Land Use Element In addition to employing the City's planned development overlay zoning district tool, the proposed project is also consistent with the above Genera/ Plan Land Use Element goals and policies in that it: provides a mix of community -serving commercial uses; has been planned and evaluated for consistency with the General Plan and its implementing programs (e.g., the planned development overlay zoning district); prescribes a unified commercial center rather than a strip mak and has been designed to minimize impacts on surrounding /and uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 14. Additionally, mitigation measures are identified in the Environmental Impact Report (BR) prepared for the project to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 14 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the Genera/ Plan and all applicable requirements of State Law and other Ordinances of the Cty. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following env[ronmental findings and determinations in connection with the approval of the Zone Change/Planned Development Overlay Application, PA14-0167: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an EIR of the potential environmental effects of the approval of the Project, including the Zone Change Application, would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. LVIAGENDA MANAGEMPlanning Commission Items2016\100516'..Gaeway\B-PC Resolution Zone Change and Planned Deve]opment Overlay (PA14-0167)_docx C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report (EIR) for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR, The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the ER as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners ircHcating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30500 Pauba Road; Temecula Grace Mehr Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt an Ordinance entitled ""AN ZA1AGENDA MANAGER\Pianning Commission Items120161100516\Gateway6-PC Resolution Zone Change and Planned Development Overlay (PA14-0167).docx ORDINANCE OF THE CITY COUNCIL OF THE CITY F TEMECULA AMENDING TITLE 17 F THE TEMECULA ZONING CODE TO ADD A NEIN ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT OVERLAY DISTRICT -14) TO CHAPTER 17.22 (PLANNED DEVELOPMENT 'ERLA' IN DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE P TO PLANNED DEVELOPMENT OVERLAY 14 (PDO -14) 0N AN 8.79 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ A (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) P - '167)f AND AMENDING THE TEMECULA ZONING MAP" in the form attached to this Resolution as Exhibit "A", attached hereto and incorporated herein by this reference. ZA1AGENDA MANAGER Planning Commission ltenns\2016\100516\Gateway\6-PC Resolution Zone Change and Planned Development Overlay (PA 14-01 7) docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Ron Guerriero, Chairman 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary ZMAGENDA IVIANAGEMPlanning Commission Items\201611005161Gatewayk6-PC Resoiution Zone Change and Planned Development Overlay (PA14-0167),docx EXHIBIT A CITY COUNCIL RESOLUTION ORDINANCE N . 16 - AN- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA MUNICIPAL CODE TO ACL A NEW ARTICLE XV (GATEWAY TO TEMECULA PLANNED DEVELOPMENT O' E RLAY 1 STRICT- TO 'HAPTE F 17.22 (PLANNED DDEVELOPMENT Pt' ENT ` E1 LAY ZONING DISTRICT) TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE P TO PLANNED DEVELOPMENT PMENT O E1 LAY 14 (PDO -14) OON AN 879 ACRE SITE GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 9. -1 - 1 , AND 922-170-012) (PAI - 1 , AND AMENDING THE TEMECULA ZONING MAP THE CITY COUNCIL OF THE CITY OF TEMECULA ULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. Ori November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PAI4-2708, a Tentative Parcel Map; PA14-2707, a Development Plant and PA14-2709, a Conditional Use Permit for a gasstation. On November 4, 2014, Tony and Amir Dehbozorgi file Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. Or December , 2014, Tony and Amir Dehbozorgi filed Planning Application PA 14- D c a General Plan Amendment. on July 2, 2015, Tony and Amir Dehbozorgi fil d Planning Application PA15-0985, a Sign Prograrn. On January 21, 2016, Sherrie Munroe, on behalf f B&P 011 Services, filed Planning Application PA1 -0090, Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula G neral Plan and Development Code. B. The Project was processed including, but not finite to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the al ifernis Environmental Quality Act Guidelines " E A" . Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EiR as required by law. The public comment period commenced via the State Clearing Z:VIAGENDA MANAGERTIanning Commission It ms\201 \10051 \ ata ra \ a -City Council Ordinance Zone Change and Planned Development OgrerI 4-0167).docx ).dc House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PAI4-2858 a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , an Ordinance of the City Council of the City of Temecula Amending Title 17 of the Temecula Zoning Code to revise the zoning designation from professional office (PO) to Planned Development Overlay 14 (PDO - 14) on a 8.79 acre site generally located on the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-014, 922-170-015, 922-170-013, and 922-170-012) (PA14-0167), and Amending the Temecula Zoning Map. G. On , the City Council of the City of Temecula considered the Project and the EIR Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter, The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. 1. All legal preconditions to the adoption of this Resolution have occurred. ZMAGENDA MANAGER\Planning Commission Items‘2016\100516\Gateway\6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx Section 2. Legislative Findings. The City Council in approving the Zone Change hereby makes the following findings regarding the zone change: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the Cty; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 1 Policies LU -1.3, and LU -1.6 of the Genera/ Plan Land Use Element In addition to employing the City's planned development overlay zoning district tool, the proposed project is &so consistent with the above Genera/ Plan Land Use Element goals and policies in that it: provides a n7ix of community -sewing commercial uses; has been planned and evaluated for consistency with the Genera/ Plan and its implementing programs (e.g., the planned development overlay zoning district); prescribes a unified commercial center rather than a strip mail,- and has been designed to minimize impacts on surrounding /and uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 14. Additionally, mitigation measures are identified in the EIR to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing Genera/ Plan land use designation for the project site. Planned Development Overlay 14 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and al/ applicable requirements of State Law and other Ordinances of the City. Section 3. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code by adding a new Article XV, entitled "Gateway to Temecula Planned Development Overlay District 14" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Zoning Map Amendment. Eased upon the findings contained in Section 2 of this Ordinance, the City Council hereby amends the Official Zoning Map of the City of Temecula to change the zoning classification for the properly located or 8.79 acres generally located at the northwest corner of TemecuEa Parkway and La Paz Road ZAil AGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\ea-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx (APNs 922-170-012, 013, 014, 015) from Professional Office to Planned Development Overlay (Temecula Gateway Planned Development Overlay -14). The amended Zoning Map is attached as Exhibit "B" to this Ordinance and is incorporated herein by this reference as though set forth in full. Section 5. Consistency with General Plan. On , the City Council adopted Resolution No. , which Resolution amended the Land Use Element Map of the Temecula General Plan to change the zoning designations of ABC to XYZ. Pursuant to Resolution No. the City Council also amended the Land Use Element text of the Temecula General Plan by changing the description of the Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Flan for the City of Temecula. Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. Z:VIAGENDA rvlANAGERTIanning Commission Items\2016\100516\Gateway\6a-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA Mike 8. Naggar, Mayor Randi Joh', City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula ori the day of , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Joh', City Clerk ZMAGENDA MANAGERTIanning Commission Items\2016\100516\GatewaylOa-City Council Ordinance Zone Change and Planned Development Overlay(PA14-0167).docx EXHIBIT PLANNED DEVELOPMENT OVERLAY Gateway to Temecula PDO -14 Prepared For: City of Temecula 41000 Main Street Temecula, California 92590 951.694.6444 Property Owner: Pacific Rea i Estate B & P 011 Services 886 Oak Valley Parkway Beaumont, CA 92223 951.849.5055 Prepared By: Matthew Fagan Consulting Services, Inc. 42011 Avenida Vista Ladera Temecuta, CA 92591 951.265.5428 Matthew Fagan Angie Douvres In conjunction with: Walt Allen Architect MDMG, Inc. The Alhambra Group August 2016 Gateway to Temecula Table of Contents 17.22.270 TITLE 17.22.272 PURPOSE 17.22.274 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS 17.22.276 USE REGULATIONS 17.22.276 PDO -14 DESIGN STANDARDS 9 17.22.280 PROJECT SETTING 14 5 5 5 5 A. Setting and Location 14 B. Existing Site Conditions 14 C. Surrounding Land Uses and Development 14 17.22.282 ARCHITECTURAL AND SITE DESIGN GUIDELINES 15 A. Architectural Design Guidelines 15 1. Overall Project Theme 15 2. Massing and Scale 15 3. Articulation of Design 16 4. Materials and Placement 17 5. Materials and Colors 24 6. Roof Forms and Materials 24 7. Storefronts, Windows and Doors 25 8. Balconies and Handrails 25 9. Exterior Stairs 25 10. Columns 26 B. General Site Design Guidelines 27 1. Building Plotting Concepts 27 2. Streetscapes 28 3. Vehicular Circulation 28 4. Pedestrian Circulation 29 5. Lighting 30 6. Water Quality Management Plan (WQMP) 35 7. Additional Site Design Parameters 35 a Acoustic Buffers 35 b. Drive-thrusiScreening 35 c. Trash Enclosures 39 d. Service, Loading, and Equipment Areas 39 e. Mechanical Equipment & Vents 40 Panned Development Overlay (FDO -14) Gateway to Temecula Table of Contents, continued 17.22.284 LANDSCAPE DESIGN STANDARDS 42 A. Landscape Elements 42 B. Streetscapes 44 1. Temecula Parkway 44 2. Gateway Drive 44 3. La Paz Road 44 4. Vallejo Avenue 45 C. Wails, Fences and Emergency Gate 56 D. Common Space Elements 62 Planned Development Overlay (PDO -1 4) 2 Gateway to Temecula List of Figures Figure 1 Overall Site Plan/PDO Planning Areas 12 Figure 2 Conceptual Grading 13 Figure 3 Building Form Guidelines 19 Figure 4a Materials, Finishes, and Details 20 Figure 4b Materials 21 Figure 4c Material Placement 22 Figure 5 Contemporary Details 23 Figure 6a Master Walkways and Pedestrian Linkages Plan 32 Figure 6b Decorative Paver Example 33 Figure 7 LED Canopy Light, LED Angled Reflector, LED Area Lights, and LED Wall Sconce 34 Figure 8 Drive-thrus 37 Figure 9 Drive-thru Screening 38 Figure 10 Trash Enclosures 41 Figure 11 Overall Landscape Plan 46 Figure 12 Plant Palette 47 Figure 13a Temecula Parkway Streetscape (West of Gateway Dive) 48 Figure 13b Temecula Parkway Streetscape (East of Gateway Drive) 49 Figure 14 Gateway Drive StreetscapelProject Entry 50 Figure 15a La Paz Road Streetscape and Corner Treatments at Temecula Parkway 51 Figure 15b La Paz Road Streetscape and Comer Treatments at Vallejo Avenue Figure 16a Vallejo Avenue Streetscape Plan Figure 16b Vallejo Avenue Streetscape Section Figure 16c Vallejo Avenue Street View 52 53 54 55 Planned Development Overlay (PDO -14) 3 Gateway to Temecula List of Figures, continued Figure 17a Master Wail and Fence Plan Figure 17b Wail and Fence Elevations Figure 17c Vallejo Avenue Emergency Access Gate Figure 18a Outdoor Gathering Area Plans Figure 18b Outdoor Gathering Area Examples Figure 18c Outdoor Furniture Examples List of Tables Table 1 Schedule of Permitted Uses Table 2 Development Standards Gateway to Temecula PDO -14 59 60 61 63 64 65 7 10 Planned Development Overlay (PD0-1 4) 4 Gateway to Temecula 17.22170 TITLE Section 17.22.270 through 17.22.284 shall be known as 4PDO-14" (Gateway to Temecula Planned Development Overlay District). (Ord 17.22.272 PURPOSE The purpose of the Gateway to Temecula Planned Development Overlay District ("PDO - 14') is to permit creative mixtures of uses in smaller areas where a specific plan or the village center overlay is not appropriate. The planned development overlay zoning district is intended to provide a mechanism to allow for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. These requirements are intended to provide regulations for the development of a variety of local and tourist -serving commercial uses, as well as potential assisted living, in a comprehensive and cohesive manner. The Project will contain well developed development standards and design guidelines that will create an aesthetic entry statement on Temecula Parkway, and provide more than adequate buffers and screening to the existing, large -lot, single-family residential units on Vallejo Avenue, adjacent to the Project site. 17,22.274 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS A. The permitted uses for the Gateway to Temecula Planned Development Overlay District are described in Section 17.22.276. B. Except as modified by the provisions of Sections 17.22.278, 17.22.282, or 17.22.284, the following rules and regulations shall apply to all planning applications in this area: 1. The Citywide Design Guidelines that are in effect at the time an application is deemed complete, 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. (Ord, 07-03 § 3) 17.22.276 USE REGULATIONS The Gateway to Temecula Planned Development Overlay District (PDO -14) located north of Temecula Parkway at Bedford Court, northwesterly of La Paz Road, and southwesterly of Vallejo Avenue, is intended to provide for the development a variety of local and tourist -serving commercial development on approximately 8.82 acres. PDO -14 is designed with a common architectural, landscaping, monumentation and signage theme. PDO -14 will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods in terms of scale and will be integrated into the existing development fabric by means of architectural theming, as well as Planned Development Overlay (PDO -14) 5 Gateway to Temecula buffering and setback requirements that go beyond those permitted by the underlying zoning designation. Table 1, Schedule of Permitted Uses, depicts the permitted and conditionally permitted uses that are allowed in PDO -14. Permitted uses are shown as a "P," conditionally permitted uses are shown as a "C+" This list shall apply to both PM and PA2 within PDO -1 4. Planned Development Overlay (PDO -1 4) 6 Gateway to Temecula Table Schedule of Permitted Uses Descriotion of Use A PAI & PA2 Aerobicsidanceigvmnasticsimartial arts <5,000sf) P Antique sales P Apparel and accessory shops P Automobile service stations/car wash/convenience store1 (not inciudins oil and lube or other repair shoes P Bakery retail P Banks/financiall P Barber/beaut shoes P Bic cle sales, rental. services P Bookstores c [Candy/confection P Ciothinasales P Computer salesiservice P i Congregate care housing for the elderly2 P Convenience market (with the sale of alcoholic beverages)1 13 Daycare centers DeTicatessen P Dru • store/phial-mac P Dry cleaners F Financial/insurance/real estate offices Floor covering sales P Florist G General merchandise/retail store >10,000s Grocery store, retail H Health and exercise clubs Health food store P Health care facility P Hotel Ice c ream ar lor Interior decorating service L Locksmith M Medical equipment sales/rental 0 Office equipment/supplies/services Offices, administrative, corporate headquarters and professional services including, but not limited to, business law. medical, dental, veterinarian, chiropractic, architectural, engineering, real estate and insurance Planned Development Overlay (PDO -14) 7 Gateway to Temecula Table I Schedule of Permitted Uses Description of Use PM & PA2 P Parcel delivery services Personal service shops Pet grooming/pet shop Photo,ra • }iv studio P Postal services R Restaurant with drive-thrulfast food Restaurants and other eating establishments (with or without the sale of beer and wine)1 S Specialt market &sorts and recreation faciljty P Swimrnine pool supplies/equipment sales P T Tailor W Wine tasting shop with or without product sale for off-site consumption (Department of Alcoholic Beverage Control Type 02 only) Wine tasting shop with or without product sale for off-site consumption (Department of Alcoholic Beverage Control License Types other than T pe 02) Notes: 1 Subject to the supplemental development standards contained in Chapter 17.10 of the City's Development Code. 2 Congregate care housing for the elderly shall use the residential performance and development standards for the high-density residential zone. Planned Development Overlay (PDO -1 4) 8 Gateway to Temecula 17.22.278 PDO -14 DESIGN STANDARDS PDO -14 has been divided into two (2) Planning Areas (PAs), as depicted on Figure 1, Overall Site Plan/PDO Planning Areas. These PAs have been established as a result of the existing and proposed topography on the site. Planning Area 1 (PA1) is approximately 4.5 acres in area, and will be located northwesterly of Gateway Drive. PA1 will be above the grade of SR791Temecula Parkway, yet will continue to get lower than the Vallejo Avenue grade as the parcel moves northwesterly. Planning Area 2 (PA2) is approximately 4.32 acres in area, and will be located southeasterly of the "4th leg" extension of Bedford Court. The northerly extension of Bedford Court will be a Project entry, rather than a public street, and will be referred to as "Gateway Drive" in PDO -14. PA2 will be relatively close in grade to the existing roadways; however, the northwesterly portion of PA2 will be below the grade of Vallejo Avenue. Reference Figure 2, Conceptual Grading. PA1 and PA2 of PDO -14 shall comply with the development standards set forth in Table 2, Development Standards Gateway to Temecula PDO -14. Planned Development Overlay (PDO -14) 9 Gateway to Temecula Table 2 Development Standards Gateway to Temecula PDO -14 Development Standards PDO -14 LOT AREA PAI West of Gateway Drive Minimurn gross area of sitel 0.50 acres PA2 East of Gateway Drive 0.50 acres Target floor area ratio2 0,60 0+50 Maximum floor area ratio with intensity bonus as per Section 17.08.050 of the Citys Development Code Front yard adjacent to a street: Arterial street Collector Local 1,0 25' 20' 10' 1.0 25' 20" 10' Yard adjacent to residentially zoned property 401 40 Interior Side Yard 0' 0' Rear yard 10' 10' Accessory structure—Side/rear setback 5+ 5' Full service car wash to closest residential structure N/A Minimum building separation: One story Two story Three stories or more 151 20' 25' 200' Linimurn 15' 201 251 Maximum hei9ht3 75+ 35 Maximum percent of lot c=e Minimum required landscaped open space 50% 25% 50% 25% Notes: 1 Does not include condominium parcels. 2 All projects proposing an increase in FAR beyond the target FAR. are required to comply with the criteria described in Section 17.08.050(A) of the City's Development Code, The height shall not exceed the maximum height as measured from finished pad grade, or no greater than two (2) stories, as visible from Vallejo Avenue, whichever is greater. 4 Minimum required landscaped open area does not include necessary planting within the right-of-way, Planned Development Overlay (PDO -14) 10 Gateway to Temecula PDO -14 Parkinq Re uirements The following parking requirements shall apply to PDO -14: • 1 parking space/300 gross s.fi: All retail/commercial uses Plus: o 1 parking space/75 s.f. (gross) for drive thru restaurant; and 1 parking space/100 s.f. (gross) for full/quick service restaurants. Note: patios are not counted in the parking calculation. • Reciprocal access and parking shall be provided throughout POO -14. A reciprocal access and parking agreement shall be approved by the City prior to the recordation of a final map. • Car wash: Tunnel parking required for maximum number of cars that can be in the tunnel at a time 5 spaces per car in tunnel. 1/2 of the spaces provided on drying side, and 1/2 spaces provided on entry side. In the event the use listed does not have a specific parking requirement, the Community Development Director shall have the authority to provide a consistency determination. Planned Development Overlay (PDO -14) Planing Area One (4.68 AC) VALLEJO AVE. PDO -14 Gateway to Temecula PlaningAreavo (4.S2AC OVERALL SITE PLAIWPDO PLANNNG AREAS - FIGURE 1 Page 12 N a VA URIC) A VENUE PDO -14 Gateway to Temecula 4 CONCEPTUAL GRADING - FIGURE 2 Page 13 Gateway to Temecula 1712.280 PROJECT SETTING A. Setting and Location PDO -14 is comprised of approximately &82 acres located north of Temecula Parkway at Bedford Court, northwesterly of La Paz Road, and southwesterly of Vallejo Avenue. B. Existing Site Conditions The site is currently vacant and undeveloped. The westerly portion of the PDO -14 site has been graded, and soil was removed from the site as part of a "borrow" operation to provide soil for the AD159 SR79 roadway improvement. The remainder of the site has been additionally disturbed by the development of adjacent roadways (La Paz Road and Vallejo Avenue). C. Surrounding Land Uses and Development PDO -14 is bordered by Very Low Density housing to the north and west, (with f -lope Lutheran Church currently occupying the parcel to the immediate west of the Project Site), vacant Professional Office designation to the east (which is slated to be a park- and-ride facility — source City of Temecula pp. 120-121 of CIP, FY 2014-2018), and both Highway Tourist Commercial and High Density Residential uses to the south. The P00- 14 Project site is shown as the black bordered area in the aerial photo below. PDO Site and Surrounding Land Uses City lit To rne clUf [Riverside County 1tMA GIS Planned Development Overtly (PDO -14) 14 Gateway to Temecula 17.22.282 ARCHITECTURAL AND SITE DESIGN GUIDELINES PDO -14 is located at one of the primary focal entry points to the City of Temecula, adjacent to the Interstate 15 (I-15) and Temecula Parkway intersection. Because FDO 14 is located in such an important focal point to the City, careful consideration has been given to the architectural design guidelines. A. Architectural Design Guidelines 1. Overall Project Theme PDO -14 has a been designed with a Project theme of 'Western Regional Ranch" with Eclectic Contemporary detaiiing and materials, as conceptualized in Figure 3, Building Form Guidelines, Figure 4a, Materials, Finishes, and Details, Figure 4b, Materials, Figure 4c, Material Placement, and Figure 5, Contemporary Details, Western Ranch architecture consisted of simple form buildings combined with lively storefronts, arcade, or gallery frontages. Common facade materials include vertical & horizontal siding, board and bat siding, heavy timber trellis, stucco, rusted steel, and metal roofing. The following are details that apply to the Project theme of "Western Regional Ranch" with Eclectic Contemporary detailing and materials. Additional details are also included in Section Al through A.8. When all of these architectural guidelines are utilized together, the "Gateway" essence of PDO -14 will be attained. Western Regional Ranch 2. Massing and Scale (Refer to Figure 3, Building Form Guidelines for Building Form and Articulation Guidelines), Building massing and scale should be sensitive to the existing built environment and shall be designed in a manner that compliments the existing development and the development within PDO -14. Structures within PM may be larger in scale and mass than those in PA2. Buildings within PAI may be up to 75' in height (as measured from finished pad elevation, or no greater than two -stories, as viewed from Vallejo Avenue, whichever is greater) and their mass should not impede views from the existing homes located on Vallejo Avenue. Internal to the Project, buildings shall be sited in such a manner as to not impede, or seem to dominate, the adjacent buildings. Building forms shall be consistent with the guidelines established in Figure 3, Building Form Guidelines. Building designs shall utilize a basic building form. The basic building form shall be articulated by adding an additional form and a contemporary canopy. Buildings over 4,001 square feet shall assemble multiple basic building forms along with the required articulation and canopy structures. Planned Development Overlay (PDO -1 4) Gateway to Temecula For buildings over 2 stories in height, the design shall employ the following additional measures, with the goal of reducing the overall massing, and perceived building size: • Varied massing above the 2nd floor (building offset from the primary vertical plane no less than 5' for a majority of the frontage). • Varied gabled roof forms & parapets to create articulated overall massing. • Additional architectural treatments shall include: O Additional materiaf treatments. O Color variation. 0 Decorative gable vents. o Spandrel windows. o Specially shaped barge board and/or outriggers. O Additional architectural canopy treatments at parapets (see figure 5). O Enhanced decorative wall treatments (varied materials/colors for each basic building form). • Deep eaves & rakes (3' minimum overhang). • Window openings shall be varied and spaced such that an overall repetitive appearance is avoided. 3. Articulation of Design (Refer to Figure 3, Building Form Guidelines for Building Form and Articulation Guidelines). • The building design shall incorporate 36O architecture. • Architectural elements that add interest and character to the prescribed architectural styles, such as recessed windows and shade canopies, shall be provided. • High quality materials shall be used to create a iook of permanence and a rustic nature within PDO -1.4. Variations in color and material consistent with the standards established in Figures 4a, Materials, Finishes, and Details, Figure 4b, Materials; and Figure 4c, Material Placement shall be utifized in order to create interest and reduce a monotonous appearance. • Fixtures and finishes will be selected for their contribution to the overall theme of the development. The building design shall incorporate 360° architecture, as depicted ori Figure 3, Building Form Guidelines through Figure 5, Contemporary Details. 3600 architecture means the appropriate articulation of all building facades, including variation in massing, roof forms, and wall planes, as well as surface articulation to create shadow patterns and massing shapes that contribute to a building's character. It is expected that the highest level of articulation will occur on the front facade and facades visible from streets; however, similar and complementary massing, materials, and details are encouraged to be incorporated into the other building elevations. The use of elements such as overhangs, trellises, and awnings will be used to lend character to the building. High quality materials shall be used to create a look of permanence within PDO -14. Variations in color and material will be used in order to create interest and reduce a monotonous appearance. Planned Development Overlay (P00-14) 16 Gateway to Temecula 4. Materials & Placement (Refer to Figures 4a, Materials, Finishes, and Details, Figure 4b, Materials, and Figure 4c, Material Placement for Material Guidelines for Quality of Finish and Placement). The materials cited throughout this PDO are intended to function as guidelines. At the time of construction, a product of equal or superior quality may also be permitted based on materials available to the developer, provided they meet the original intent and as approved by the Planning Department. Exterior Wall Materials Exterior Wall materials shall have a rustic appearance_ • Smooth finished stucco. Heavily textured stucco walls are not recommended unless it is used to recreate a cast in place concrete appearance (material samples shall be provided to the planning department prior to approval). • Board and batten wood siding. • Verticai wood siding. • Horizontal wood siding. • Native grey granite stone veneer, rock face finish. • Board forrned cast in place concrete (heavily rusticated). Cementitious materials are permitted. Material finishes shall have a rustic appearance. Roofs Roofs shall have a rustic appearance. • Flashing, vents, pipes, and sheet metal are recommended to be located out of view of the public street, and colored to match the adjoining roof or wall material. • Roofs may be flat or sloped. Western false front parapet walls are permitted but require speciar materials & glazing placement. The visible portion of sloped roofs should be sheathed with a roofing material having texture meaningful at the pedestrian scale, such as standing seam metal roofing. • Roof form should be consistent and integrated into the building composition. • The roof should be designed to screen rooftop equipment from public view. • Roofs or parapet walls should wrap around the entire building. Parapet Walls • Parapet walls are an integral component of ranch architecture. In addition to providing visual screening of roof top equipment, they provide opportunity to establish an architectural character and display of signs. The integration of parapet walls into building design is permitted when employing the fiat roof basic building form. Parapets shall conform to the following guidelines: o Parapet walls shall completely screen the roof behind and all roof -mounted equipment. o They shall be finished on any side visible from the street with materials compatible with those predominantly used on the building_ Planned Development Overlay (PDO -14) 17 Gateway to Temecula 0 Parapet walls visible from rear or side yards shall be finished as above. However, they may utilize exterior piaster in lieu of wood siding. Design Elements • Gabled roof with either low or steep pitch. • Tall first floor ceiling. • Symmetrical placement of windows and doors, entrances with side and transom, lights, and porches. • Large eave and gable overhangs. • Simple building massing with required articulation as required in Figure 3, Building Form Guidelines. Eclectic Contemporary Elements • Shade structures. • Patio covers. • Decorative paving, • Glazing and door systems. • Roof screens. • Sign stanchions. • Stair screens. • Projecting window assemblies. Materials • Coden Steel (or equivalent) fascia. • Corten Steel (or equivalent) columns (pipe & square profile). Planned Development Overlay (FDO -14) 18 1. basic forms -11.11111 single low gable 1110' single sleep gable flat roof wl parapet 2a. form articulation 4,000 sf or less' gabled farms cross-gabe flat roe forms ;able !NO wart -to PD0-14 Gateway to Temecula gabie wrooi fir incf ilean.ta IiaEitni W. gab - 2b. large articulated 4,001 sf or greater Plat Oot Curvel CiLade ipiNe With Cr= gable bi114 skie gdatr guidelines 4,000 sf or less 1. Choose a basic form. 2. Articulate the baslc form. 4,001 st- or greater 1. Choose multiple basic forms_ 2. Articulate the basic forms. Alf Forms 3 Allocate approved materials on building forms (refer to Fig. 4a and 4b) 4, Choose contemporary canopy structure (refer to Fig. 5 for canopy choices) BUILDING FORM GUIDELINES - FIGURE 3 Page 19 Building Form Concepts PDO -14 Gateway to Temecula Building Form Details Varnecl Materials and Articulation Building Materials SNIQC)131STUCCU --i:- SLURRY COAT SLUNIPSTONE --- : . • a CAST 1N PLACE CONCRETE STUCCO FINISH Glass Block Contemporary Canopy Structure Articulated Openings Stair Screen Wood Casement Windows Heavy Timber Trellis, Exposed Gusset and Botts,. Oversized Free Standing Planters 1. 111.41 Standing Seam Metal Bat and Board Siding Horizontal Siding Roof MATERIALS, FINISHES, and DETAILS - FIGURE 4a Page 20 single low gable single steep gable permitted overall finish (alt materrais shall appear rustic Hi nature) vertical board 1 • cementitious material n-Dri 6 b-oard exposure max 12board exposure • exposed face rough SSW n. reclaimed wood. mediurn lc dark tone honzontai siding board & bait smooth stucco • Cerneritit oils Material, batt. exposure min 3,59 rnax 5.5' boarc exposJire: min 6th max 1 2' vertical board flat roof w/ parapet • CerneiltitiOUS rratenal, min ir bawd exposure max. 12' boart exposure • exposed face 1114.1921 • $avirn. reams wood, rneiunr1 to dark tune • cementiSous material, mrn, 6'' board exposure rnax, 12' Ward ex,posuir• exposed face rough sawn, reciairriel wood,. medium 10 dark tone • smooth finish board & tett PDO -14 Gateway to Temecula rieavily rusticatad stucco typrcal visible roofing rock face granite • re2vy ttxture. to Imply board corned cast in place cc wrote • Cle$11 rnatenal. batt axPoSure' min 3.5' wax 55 board exposure: min 6' rrax IT rncotl.) mucco • smooth finish • native granite, extruded or raked Joint running loord, common bond. or sir etc?' er bon d rock face granite a native granite exinnled or raked crit running DOA. 00(nrhOn bond or SeEton' MATERIALS - FIGURE 4b Page 21 Material Ver!tail Board Material 2: Horizontal Siding Mater:al 3: Boarci & Bat Material 4: Smooth Stucco A Example 1 primary material secondary material Example 2 PDO -14 Gateway to Temecula Guidelines: 1.AsrtgIe material shall cover the majority of the proposed basic building form, 2. Articulated form (cross gable, gable with lean-to, gable with flat roof) shall be of contrasting material to basic building form material. 3. Additional materials and finishes shall be limited to stone wainscoting (2' max), steel canopy or screen structures, and window, door and eave iTirri or sign envelopes. These addttional materials must be from the approved pallette. 4. When combining basic building forms each indrvidual form shall have a distinct overall material. Repeating adjacent materials should be discouraged (see example 2). Material 5: Rock Face Granite Matertat 1 Material 2 Material or 3 MateriaE 2 or 4 wI wainscoat (Material 5) Material 1 or 3 MATERIAL PLACEMENT - FIGURE itc Page 22 PDO -14 Gateway to Temecula solid roof structure, corten steel fascia na.-filber trellis gusset anc bolt overs..7ed tree standing pl-an7ers open timber roof structure, corten steel fascia, corten pipe columns corlien steet canopy & sc:-een niteriai open corten steel structure, with square columns and fabric shade inserts Guidelines: 1. Select canopy structure 2. Apply to building tom) CONTEMPORARY DETAILS - FIGURE 5 Page 23 Gateway to Temecula 5. Materials and Colors A palette of materials and colors will provide character and identity for PDO -14. The following Guidelines shall be implemented: • Primary building colors shall use a combination of earth tones and light colors; bright colors shall be used sparingly. • Varied shades of colors shall be utilized to break up facades and should ideally feature darker -toned colors and materials at the base. • Accent colors and materials are acceptable if they are a complemental), contrast with the surroundings and are used for creating interest. • Traditional materials, including stone, brick, concrete, precast concrete, metal, colored or split face block, and stucco, shall be used creatively to provide a sense of permanence. • The use of natural materials arid textures as architectural accents is strongly encouraged. • High-quality and visually complementary manufactured materials also can be used for practical purposes (aesthetics, durability) and shall be of integral color of that specific material. • The following materials are strongly encouraged: o Vertical board and batten wood siding. o Vertical board wood siding, O Horizontal wood siding with horizontal 1V joint, horizontal channel joint shipiap. o Standing Seam Metal Roofing. O Stone. o Stucco. 6. Roof Forms and Materials The following Guidelines shall be implemented within PDO -14, as they pertain to roof forms and materials, and as depicted on Figure 3, Building Form Guidelines through Figure 5. Contemporary Details: • Rooflines shall be articulated with shorter elements to reduce building mass. • Occasional sloped roof forms shall be introduced over special areas and special functions to create visual interest. • Designs should create interesting building masses by varying rooflines and by maximizing offsets to roof planes where possible. • Combining single -story elements with two-story elements is encouraged. • Flat roofs with parapet walls are acceptable but should also be used in combination with simple pitched gable, hip or shed roof forms. • Roofs or parapet walls should wrap around the portions of buildings that are visible from the public view. All roofing materials must meet appropriate standards. • Parapet walls shall utilize ornamental trim at the top, or utilize a heavily ornamented corr'fte. • Mechanical equipment on roofs shall be screened from view of highway, roadways with materials consistent with those of the building. The use of parapet walls is strongly encouraged. Planned Development Overlay (PDO -14) 24 Gateway to Temecula 7. Storefronts, Windows and Doors The storefront on the ground floor is a key element in creating a successful pedestrian environment. The following Guidelines shall be implemented within PDO -14 as they pertain to storefronts, windows and doors, and are depicted on Figure 3, Building Form Guidelines through Figure 5, Contemporary Details: • Wooden sash windows with decorative transom are recommended. • Storefront windows typically project out from wall surface and are multi -lite. • Window shutters are optional. • The glazed area of the storefront should be between 70% and 80% of the ground floor facade, • The patterns of openings should correspond with the overall rhythm of the building and be in line with arcade and trellis openings. • Consideration should be taken to relate interior building design to pedestrian spaces through generous use of glazing in doors and windows. • Front doors and entrances to buildings shall be clearly defined and articulated by awnings, overhangs, and canopies and shall be easily recognizable from pedestrian and vehicular vantage points. • Other enhancements that are encouraged include: articulated windows and doorways, decorative treatments, accent trim or tiie at doorways, banded windows to emphasize the horizontal, glazing which follows roof pitch, canvas awnings with complementary accent colors, and wrought iron accents. • Silver or dark bronze window or door frames, reflective glass, and metal awnings are all discouraged. 8. Balconies and Handrails The incorporation of balconies and porches as part of the architectural style shall be provided for both practical and aesthetic value. The following Guidelines shall be implemented within the PDO -14, as they pertain to balconies and handrails: • They shall be used to integrate indoor and outdoor spaces, as well as break up large wall masses, and offset floor setbacks. • Elements which will be allowed include, but not be limited to: covered porches and balconies, smooth stucco or wood, simple, clean, bold projections, wood trimmed details, veranda style balconies with open railings, and wrought iron railings. • Pipe railing is allowed, as long as it is demonstrated that it is consistent with the architectural style. 9. Exterior Stairs Simple, clean, bold projections of stairways are encouraged to complement the architectural massing and form of the buildings. The following Guidelines shall be implemented within PDO -14, as they pertain to exterior stairs: • Handrails shall be constructed of solid stucco walls, wrought iron, or decorative wood railing. Planned Development Overlay (PDO -14) 25 Gateway to Temecula • The use of clay tile or brick as tread, use of accent tile on riser, balustrades, and pilasters is encouraged. • Exposed, untreated metal railings and stairs are not permitted, unless it is demonstrated that it is consistent with the architectural style. • Visual screening of stairs when exterior to the building is encouraged, 10. Columns The following Guidelines shall be implemented within PDO -14, as they pertain to columns: • Co[umns incorporated as a structural or aesthetic design element shall convey a solid, durable image as expressed through bold forms. • Coiumns may be used as a freestanding form or as a support for pedestrian links. • Columns should be made of materials such as simpre square posts. Columns are typically 6" x 6" lumber, tube steel, or stucco, which are decoratively shaped to depict a base, shaft and capital. • Decorative braced columns are recommended. • Exposed pipe columns and thin posts, such as metal pipe columns may be used if it is demonstrated that it is consistent with the architectural style. Planned Development Overlay (PDO -14) 26 Gateway to Temecula B. General Site Design Guidelines These general site design guidelines are not intended to restrict taste or preference, but are designed to foster harmony of development. Various site design elements elements/concepts shall be considered to create a high quality commercial development. In order to encourage a higher level of design direction and quality, the site design elements have been included in PDO -14 and are discussed in greater detail below: • Building Plotting Concepts. • Streetscapes. • Vehicular Circulation. • Pedestrian Circulation. • Lighting. • WQMP. Reference Figure 1, Overall Site Plan/10D° Planning Areas, as well as the Figures in the Section 17.22.284 (Landscape Design Standards) of PDO -14. 1. Building Plotting Concepts Commercial buildings should generally be oriented to take best advantage of visibility along Temecula Parkway and to provide additional separation and buffering opportunities to the adjacent, existing large -lot residential development on Vallejo Avenue. At a minimum, commercial buildings located within PDO -14 shall address a street or main drive Jane, a required pedestrian path, a vertical landmark element, a small plaza or other focal point. Commercial buildings will be designed to locate high activity uses, such as restaurants and entertainment facilities, adjacent to pedestrian ways. Commercial buildings shall be oriented toward activity centers, shopping and entertainment areas, and gathering spaces. Non-commercial, or semi -residential uses shall be oriented in a "campus" type setting, yet should also relate to the overall project in terms of design theme, massing, scale, vehicular circulation and pedestrian circulation. Reference Figure 1, Overall Site Plan/PDO Planning Areas. Building masses should be articulated to avoid long straight building facades and create enclosed patios and pedestrian spaces where possible. Examples of ways to articulate commercial retail stores are: • Buildings should be designed to create smooth transitions in scale through the use of low and mid -rise building forms or through the use of terraced elevations. • Arcades and trellises can be used to connect buildings and enclose patios. • Vertical mass at residential edges should be minimized_ The plotting of buildings shall take into account shade elements and maximize shade created by surrounding buildings. Planned Development Overlay (PDO -1 4) 27 Gateway to Temecula 2. Streetscapes PDO -14 shall be designed to allow adequate separation between parking and storefronts to allow for comfortable pedestrian spaces. The following concepts shall be incorporated for commercial buildings: • The front facade, along the face of the building, should be varied to provide visual interest. • Awnings shall be encouraged to promote interest and a human scale. • Loading zones shall be site planned to avoid exposure to adjacent streets, highways and residential uses. • Incorporating walls and fences can also be used to help screen areas. • Trash enclosures shall be planned in such a manner to minimize the exposure of such elements to sensitive adjacent uses. • Parking areas shall be planned in such a manner to allow for landscaping or low, decorative walls or a combination thereof. Where possible, buildings should be designed to separate service and delivery circulation from parking areas, 3. Vehicular Circulation Gateway Drive is the Project vehicular entry to PDO -14. Focal elements; which provide a sense of arrival, are incorporated into the design of the Project entry. These elements include, but are not limited to: enhanced landscaping, monumentation, and textured paving. Incorporation of these elements will ensure a sense of vehicular arrival to PDO -14. These elements are discussed in greater detail in Section 17_22284 of this PDO. A gated access for emergency access only will be located on Vallejo Avenue. This access will be a minimum of 30 in width. Public image features, i.e. water fountains (only allowed with reclaimed or recycled water), or sculptural art, or dramatic landscape elements, i.e. tree masses, will be located at key focal points and will serve to enrich the gateway nature of PDO -14. • When planning the interior vehicular circulation and parking, a hierarchy should be developed to help with traffic flow; however, the top priority rut be given to the pedestrian in the ultimate design. The needs of the pedestrian are further elaborated upon below. • Adequate areas for maneuvering, loading, and emergency vehicle access shall be accommodated on site. • Screening shall be provided for both aesthetic and functional (i.e., noise, odors) purposes. Landscaping shall be incorporated to soften the impact of paved areas. This will be accomplished through the use of elements such as, but not limited to: shading, accents and other green elements. This will be further detailed in the Landscape Design Standards Section of PDO -14_ • Parking aisles shall be oriented perpendicular to complexes to allow for easy pedestrian walkways to access shopping. • Large parking lot areas should be divided into a series of smaller connected lots separated by additional landscaping. Planned Development Overlay (PDO -14) 28 Gateway to Temecula • Low freestanding walls incorporating simple, tasteful signage with pilasters, balustrades, finials and other embellishments are desirable around and within the parking areas to provide an aesthetic and screening purpose. • All driveway dimensions, with the exception of those adjacent to any mid -rise structures, shall be a minimum of 24wide. Dimensions for driveways adjacent to mid -rise structures shall comply with Building Code requirements. Bike lanes, if required, are to be installed with any necessary street improvements at the time of construction. They shall conform to the City's Multi -Use Trails and Bikeways Master Plan. Hoop style bicycle racks will be provided on-site. Colors shall be brown or dark bronze to compliment the architectural style and racks are to be connected, as shown below. 4. Pedestrian Circulation A strong pedestrian circulation system, interconnected by walkways and sidewalks, hardscape, and landscape shall be provided in PDO -14. Parking shall not dominate the experience along any designated pedestrian path and off-street parking should be traversed by landscaped areas. Reference Figure 6a, Master Walkways and Pedestrian Linkages Plan. • Pedestrian access to and from PDO -14 is provided by sidewalks located along Temecula Parkway and La Paz Road. The sidewalk along Temecula Parkway, between the Project Entry and La Paz Road shall be curb adjacent and installed by the developer. • The sidewalk along Temecula Parkway between Gateway Drive and l-15 is an existing, curb adjacent sidewalk. • An eight -foot (8') wide decomposed granite (D G) trail is proposed along Vallejo Avenue and will connect to a sidewalk on La Paz Road. The sidewalk along La Paz Road, as well as a crosswalk at the La Paz Road and Temecula Parkway intersection, will connect off-site sidewalks to an enhanced Project pedestrian entry at the corner of La Paz Road and Temecula Parkway. Planned Development Overlay (PDO -14) 29 Gateway to Temecula • Pedestrian access shall be provided from potential transit stops. • Pedestrian crossing distances at driveways shall be minimized. • Additionally, walkways shall meet the following minimum standards: • Whenever possible, walkways should follow an alignment that connects building entries and should be at least 6' wide. • Whenever connecting walkways pass through parking lots, these walkways should be at least 5' wide (excluding car overhangs) with trees planted at least every 36'. • Walkways/pedestrian crossings should consist of special pavers or scored concrete with modules that generally should not exceed 3' in width, but may be allowed if included in final landscape design plans. Reference Figure 6b, Decorative Paver Example. 5. Lighting Exterior lighting can provide safe and effective evening character illumination for the pedestrian and vehicular areas of roads, sidewalks, and walkways through PDO -14. Design should reflect the concept and character of the community through illumination level, light fixture type, finish color and location. There can be streetlights for roads and sidewalks, pedestrian lighting for walkways, building illumination and accent lighting on special architectural and landscape features. Vallejo Avenue Interface Special attention shali be paid to the interface of PDO -14 and the existing, large -lot residences on Vallejo Avenue. A variety of lighting methods shall be employed in order to retain the existing nighttime views of these residents. This can be accomplished through the following methods: • Prohibit streetlights on Vallejo Avenue. • At a maximum, use low-level bollards to illuminate the D.G. trail on Vallejo Avenue. • Use low level bollards on-site for portions of the Project site that are adjacent to Vallejo Avenue. • Fully shield all lights that are taller than bollards. Gas Station eling Another area that will need special attention would be the canopy that covers the gasoline fueling stations. In addition to the on-site lighting requirements listed below, all lighting shall comply with the following: • Ali lighting shall be fully recessed. • All fighting shall be contained within the footprint of the canopy. On-site lighting shall comply with the following: • The level of on-site lighting shall comply with any and all applicable requirements of the City of Temecula and the Mount Palomar Lighting Ordinance. • All exterior lighting fixtures shall be consistent with the architectural style for the building that it serves. Planned Development Overlay (PDC -14) 30 Gateway to Temecula • Lighting shall be low-voltage/high-efficiency whenever possible. • Streetlights shall be focused downward to ensure pedestrian safety and way finding. • Footpath lights are acceptable as a means to illuminate a secondary path. • Inset stairway and stair step lights are encouraged to ensure pedestrian safety and way -finding. • Building mounted lighting fixtures are encouraged to be selected and located to cast downward and be shielded to minimize glare. • Accent lighting shall emphasize special features such as fountains (only allowed with reclaimed or recycled water), sculptures, wall niches, signs, planters or accent trees for decorative effects. • Accent lighting shall be inconspicuous and durable. • Small scale accent lights such as LED based fixtures can serve for way -finding or be used themselves as special design elements. • Flashing, neon, moving, high-intensity or exposed light source type luminaries are not permitted. Refer to Figure 7, LED Canopy Light, LED Angled Reflector, LED Area Lights, and LED Wall Sconce. Planned Development Overlay (PDC -14) 31 PDO -14 Gateway to Temecula Walkway Legend Accessible Concrete maks D.G. Trail Existing City Sidewalk MASTER WALKWAYS and PEDESTRIAN LINKAGES PLAN - FIGURE Page 32 PDO -14 Gateway to Temecula 00100-6Fibil, -,111111L 1-AukaiiAllailillir , — ..... ,- ' ., / •/ J i i f p •' .. ,:. .t\‘. „.,\.: 71111.; .., - - , '-';;"; if / :///114 /-. ' . i ,,, ' . 1 t i 1 ' . ,./ ./."' \-, '4. ' _„,,,\,:;s:is, //I IT : - :. . -.' ,,, / Aff F I -I 7-- ___j- 11-11 -,-- t. Belgard - ECO DUBLIN, smooth, mechanical pattern, color: foundry (or equivalent) DECORATIVE PAVER EXAMPLE - FIGURE 6b Page 33 CANOPY LIGHT AREA LIGHT PDO -14 Gateway to Temecula ANGLED REFLECTOR WALL SCONCE LED CANOPY LIGHT, LED ANGLED REFLECTOR, LED AREA LIGHTS, and LED WALL SCONCE - FIGURE 7 Page 34 Gateway to Temecula 6. Water Quality Management Plan (WQMP) Ultimate design of PDO -14 will require compliance with City and State water quality requirements. Each implementing Project (i.e., Development Plan, Subdivision Map, or Conditional Use Permit) will require the preparation of a Water Quality Management Plan (NQMP). While it is known that a WQMP will be required, the exact nature and location of the WOW' components are not identified at this time. The following is a list of Best Management Practices (BMPs) that may be required for the subsequent development within PDO -14: • Filtration BMP. • Harvest & Use. • Self -Treated Areas. • Bio Retention Planters,. • Porous Pavers. 7. Additional Site Design Parameters The following are additional site design considerations that will be required within PDO - 14: a. Acoustical Buffers Acoustical buffers will be required for any gas station use and any associated car wash facility. In order to reduce any noise impacts from these uses, to the adjacent residences on Vallejo Avenue, the following design features shall be required: • The gas pump canopy shall be located as far away from the Vallejo Avenue frontage as possible. • The convenience store of the gas station shall be located between the canopy and the Vallejo Avenue frontage. • All blowers associated with drying vehicles and vacuums used for cleaning interiors of vehicles shall be oriented away from Vallejo Avenue. • All blowers shall be internalized to the greatest extent possible. • Up to a 6high block wail may be installed in the areas where the blowers and vacuums emit noise. • All noise emanating from the blowers and vacuums shall be lower than the City's threshold for noise. b. Drive-thru(s)/Screening Noise and light impacts from drive-thru operations within PDO -14 will be addressed through design and strategic siting of the noise and light generating activities. The following design features, as depicted on Figure 8, Drive-thrus, and Figure 9, Drive-thru Screening, shall be required: • All drive-thru lanes shall be oriented away from the Vallejo Avenue frontage. • All ordering boxes, speakers and drive lane fighting shall be away from the Vallejo Avenue frontage. Planned Development Overlay ( P DO -14) 35 Gateway to Temecula • A maximum 4high screen wall shall be required to prevent vehicle lights from impacting on -coming traffic on Temecula Parkway as well as to provide a screen wall are the pick-up window. Wall heights, lower than 4', may be permitted, provided they screen headlights, and final well heights are supported by the Project's noise analysis. • Landscape screening shall be provided, in addition to the screen well, in order to soften the effects of the wall and provide additional mitigation for noise and lighting impacts. • A pick up window canopy structure shall be provided. Canopies must be architecturally integrated and shall utilize similar materials as the other shade structures on site, Planned Development Overlay (PDO -14) 36 MENU BOARD IAL POO -14 Gateway to Temecula PICK.UP WINIDOW PLAN PICK LIP WINDOW CANOPY 51 RUG I LINE P.CK UP WIN DOW SCREEN WALL 4 PrCkrUP WINDOW SCREEN WALL PICK UP C AN POPY STRUCTURE 4DRIVE THU SCREEN WALL DRIVE-THRUS - FIGURE 8 Page 37 r Paldrat cap and corners TEM ECU LA PARKWAY Stucco -Minh a i ng 01010 roglet) PDO -14 Gateway to Temecula 4. 4' or 5 Refer to PIk PICK UP VVIN DOW CANOPY STRUCTURE BEYOND 4' TALL SCREEN WALL, MENUSCREEN TREES BOARD BEYOND Santa Barbara Stucco iOOP1 ri# 'hump, and tximp C01017 Ffrnindl by Expo 4 PICK UP WINDOW SCREEN WALL DR1VE-THRU EE l l : FIGURE Page 38 Gateway to Temecula c. Trash Enclosures The following design features, as depicted on Figure 10, Trash Enclosures, shall be required: • Trash enclosures should be separated from adjacent parking stalls with a minimum of 5wide (interior clear dimension) planter and a 12" wide paved surface behind the curb to ensure adequate space is available for individuals to access a vehicle. • Trash/recycling containers should be large enough, placed frequently throughout the site, and collected frequently enough to handle the refuse generated by the Project. • Trash enclosures should be designed with similar finishes, materials, and details as listed in Section 1722.282.A.2 and 17.22.282.A.4 (stone, brick, concrete, precast concrete, metal, colored or split face block, and stucco), and shall be screened with landscaping. • Chain link fencing and gates with wood slats are not allowed. • Enclosures should be unobtrusive and conveniently located for trash disposal by tenants and for collection service vehicles. • Where feasible, a pedestrian entrance to the trash enclosure should be provided so that large access doors do not have to be opened. • Enclosures should not be visible from primary entry drives. • Enclosures shall have a concrete apron onto which trash/recycling containers will be rolled for collection. • Enclosures shall be surrounded by planting areas on three sides with a vine along each wall, and shall have solid roof covers. • All trash enclosures shall comply with the City of Temecula requirements. d. Service, Loading, and Equipment Areas The following Guidelines shall be implemented within PDO -14 as they pertain to service, loading and equipment areas in order to ensure that these functional site items are integrated with a sense and respect of the surrounding aesthetic: 1. Storage for supplies, merchandise, and similar materials shall be prohibited on the roofs of any buildings. 2. Merchandise, material, and equipment are not permitted to be stored to a height greater than any adjacent wall, fence, or building. 3. Service, loading, and storage areas shall be separated from pedestrian and private automobile circulation. 4. Service areas, loading docks, and equipment areas shall be screened from views either by locating these uses within a building or by screening them with landscaping, walls, fences, or other architectural treatments. 5. Any outdoor display ancillary to the business being conducted within the building, may be permitted without a temporary use permit, provided that the display complies with the regulations contained within Section 17.10.020 K. of the Supplemental Development Standards of the City's Development Code. Planned Development Overlay (PDO -14) 39 Gateway to Temecula e. Mechanical Equipment & Vents • On-site mechanical equipment visible from buildings or public streets shall be screened. Wall mounted mechanical equipment that protrudes more than six inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture or the subject buildings. Wall mounted mechanical equipment that protrudes six inches or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building. ▪ Ground mounted mechanical equipment shall be screened from view by a decorative architectural structure or landscape screening that is compatible with the architecture and landscaping of the development site. Such screening devices shall be of a height equal to or greater than the height of the mechanical equipment being screened. • Roof flashing vents exposed to public view shall be painted or otherwise given a finish to match adjacent surfaces or concealed in a manner consistent with the building's appearance. Planned Development Overlay (PDO -14) 40 Wooden Slats at Gabte Ends of Enclosure Min 4" Accessible Path Roof Shill Slope to Mow Furl Inter to IDrir1 Into an Area That Can Infiltrate ma Runoff SIDE ELEVATION TYP. Smooth StuGC0, F 1 ntridgo Sollsrd Ml Door Vilith Decorstive Wood Bats PDO -14 Gateway to Temecula Vrss h Enclosure Dl r�rss ns r DIA ante KaulerRequirements or Appropriate Level of Service Conte Service Apron Per Solid Waite Handler Rei irement1 Solid Roof Shell Cover to Entire Trash Enclosure FRONT ELEVATION -116 Varies, No Higher than 15" Dimension to Allow Durnpster Lid to Open Without Obstruction TRASH ENCLOSURES - FIGURE 10 Page 41 Gateway to Temecula 17.22.284 LANDSCAPE DESIGN STANDARDS A. Landscape Elements Landscape of PDO -14 shall conform to Section 17.08.060 (CommerciariOfficellndustrial Districts, Landscape Standards) of the City's Municipal Code. Figure 11, Overall Landscape Pl'an, and Figure 12, Plant Palette, have been developed to provide the guidance for the landscape theme for PDO -14. Landscaped areas proposed by the owner, including those in the Cty's right of way, shall be maintained by a Master Property Owner's Association, or designee. Landscape plans, consistent with Figures 11 and 12, shall be required as a part of any Development Plan or Conditional Use Permit for PDO -14 and shall include the following: • A combination of ornamental plants and the use of drought -tolerant plant materials. • Streetscape planted with a minimum 24" box specimen size street tree spaced at 30' on center spacing (maximum) with a combination of 5 -gallon and 1 -gallon shrubs and ground cover. • A Project entry designed to create an architectural statement as well as a landscape statement that reflects the landscape architectural character of PDO -14. • Common landscaped areas with appropriate shrubs, trees and ground cover and maintained by a Master Property Owner's Association for PDO -14. • An effort to preserve all existing Pine Trees located on the northeast boundary of the Project site. The following shall also be required as a part of any Development Plan or Conditional Use Permit for PDO -14: Sidewalks at building entries shall be a minimum of 6' wide where adjacent to head in parking to allow for car bumper overhang. Additionally a minimum landscape strip of 5' is required arid shall be provided between a building and parking where there is no pedestrian space. Landscape finger islands shall be included to meet the criteria of (1) island for every (10) spaces. Landscape fingers in parking areas shall have a minimum 5planting area with a monolithic poured 12" wide curb on both sides of the planter. Dual loaded parking stalls shall require tree diamond planters w/ 5'x5' clear planting area every 3 parking spaces in lieu of planting islands when the total run of spaces is less than 20. A minimum 5' wide landscape planting area shall be provided at the end of each parking isle with a monolithic poured 12" wide curb on the parking side of the planter only. See example below. Planned Development Overlay (PDO -14) 42 Gateway to Temecula . 1. . • 4 . • ,--i..--..A.-...,' " . . • ° -...--...-- „..,-.--, • .„,- .--,4. A 4.. 4 ' 12' LANDSCAPING (TYP) PLAN 11114. 6. 6* LANDSCAPING TYP 4 Air — • • a • ib - • h PROFILE 444. CONCRETE TO BE POURED MONOLITHICALLY ' • .; • 1 12 INCH STEP OUT CURB DETAIL NO SCALE • CONCRETE TO BE POURED MCNOUTHICALLY Trees and shrubs shall be placed a minimum of 5" away from water meter, gas meter, or sewer laterals; a minimum of 10' away from utility poles; and a minimum of 8' away from fire hydrants and fire department sprinkler and standpipe connections. • Drip irrigation is required wherever possible. Overhead spray irrigation is not allowed within 24" of any non -permeable surface. Planned Development Overlay (PDO -14) 43 Gateway to Temecula B. Streetscapes The following text and figures describes the streetscapes contained in PDO -14. The streetscapes have been designed in a comprehensive manner to provide continuity within PDO -14 as well as compatibility with the existing, surrounding development. 1. Temecula Parkway The Temecula Parkway streetscape west of Gateway Drive is depicted on Figure 13a, Temecula Parkway Streetscape (West of Gateway Drive), and east of Gateway Drive on Figure 13b, Temecula Parkway Streetscape (East of Gateway Drive). Utilizing the Plant Palette (Figure 12), these streetscapes will be planted with an array of trees, shrubs and groundcovers. The portion west of Gateway Drive is above grade. The portion east of Gateway Drive is at grade; however, berming will be incorporated into this streetscape to complement the screen walls and landscaping. The existing landscaping and sidewalk, west of Gateway Drive will remain. • The sidewalk along Temecula Parkway between La Paz Road and 1-15 is existing with curb adjacent sidewalk. 2. Gateway Drive The Project entry is located on Gateway Drive, which takes access off of Temecula Parkway, immediately across from Bedford Court. The design of this entry is depicted on Figure 14, Gateway Drive Streetscape/Project Entry. This entry proposes multiple ingress and egress lanes, as well as a landscaped median. Focal elements, which provide a sense of arrival, are incorporated into the design of the Project entry. These elements include, but are not limited to: enhanced landscaping, monumentation, and textured paving. Incorporation of these elements will ensure a sense of vehicular arrival to PDO -14. Both sides of the Gateway Drive entry MI include enhanced landscaping, which includes multiple layers of plantings of trees, shrubs and groundcover. Accent paving will be provided. 3. La Paz Road The La Paz Road streetscape is depicted on Figures 15a, La Paz Road Streetscape and Corner Treatments at Temecula Parkway and 15b, La Paz Road Streetscape and Corner Treatments at Vallejo Avenue. La Paz Road is at grade; however, berming will be incorporated into this streetscape to complement any screen walls and landscaping. Multiple layers of landscaping, including trees, shrubs and groundcovers will be installed on the La Paz Road streetscape. The sidewalk along La Paz Road, as well as a crosswalk at the La Paz Road and Temecula Parkway intersection, will connect off-site sidewalks to an enhanced Project pedestrian entry at the corner of La Paz Road and Temecula Parkway. The corner of Temecula Parkway and La Paz Road represents the primary pedestrian entry to PDO -14, Landscaping, monument signage, a sidewalk, and shade structures will be adjacent to this pedestrian entry. Three (3) separate shade structures will be located between the corner and along the walkway to the commercial retail in PA2. Each of these shade structures will tie into the overall gateway theme and will consist of Planned Development Overlay (POO -14) 44 Gateway to Temecula the following: • 24" cube concrete seats. • 2 x 8' wood trellis framing, beyond fascia at 16" on center. • Large Spanish Style Pot, planted with vines that will grow into and over the trellis. • 10" Corten Steel (or equivalent) fascia. • 2' x 8' wood crossbrace at each end, with non-galvenized malleable washers. • Trellis wire at each end of the vine. 4. Vallejo Avenue The Vallejo Avenue Streetscape is depicted on Figure 16a, Vallejo Avenue Streetscape Plan, Figure 16b, Vallejo Avenue Street Section, and Figure 16c, Vallejo Avenue Street View. Vallejo Avenue is considered the Project's most sensitive edge, as this is the rear of PDO -14 and it abuts the existing, large -lot, single-family development. Special attention has been paid to this edge and its interface with the neighbors. PDO -14 does not show any additional roadway improvements, but rather, utilizes the right-of-way (ROW) as an expanded landscape area that will serve to soften and obscure views to the site. An eight -foot (8') wide decomposed granite (0 G) trail is proposed along Vallejo Avenue and will connect to a sidewalk on La Paz Road. A gated access for emergency access only will be located on Vallejo Avenue. This access will be a minimum of 30' in width. Within this enhanced landscape area is: • Multiple layers of la dscaping, both on site and within the ROW. • A berm (varied heights) that will provide a visual barrier to the site. • A wall (varied heights) that will be atop the berm and will provide additional aesthetic relief, as well as mitigation from any noise and fight. • An eight -foot (8') wide D.G. trail. • A three-foot (3') high 2 rail fence. • Landscaping materials that will discourage potential gathering or loitering, such as sharkskin agave, or other approved species, as fisted on Figure 12, Rant Palette. Planned Development Overlay (PDO -14) 45 PDO -14 Gateway to Temecula Existing 'Pine Trees to remain and Fire Exire-ate /— 84 Wide DG protect in place typ — — mr, pia M.Mr_ nir ,..11M1Mr451n1.4 0 1.1:1 111VM AV:ir 5Tubular Steel 6' Wall on on 21 mound 2' mound Co -----'-- See Figure 12 for ail tree and shrub botanIcal and common names All trees shall be planted to avoid the overhead power lines per the SCE clearance requirements. OVERALL LANDSCAPE PLAN - FIGURE 11 Page 46 PDO -14 Gateway to Temecula SYMBOL • • 111 OE, NOT SHOWN L NO- SHOWN ABBREVIATION TREES: REMARKS ACA STE ARE. W. WATER USE! ACACIA STENOPI-IYLLA SHOESTRING ACACIA ARBUTUS MARINA ARBUTUS 15 GAL 24 BOX CHI, TAS. CHITALPA TASHKENTENSIS LAG F. "T.' LAGERSTROENIIA FAUERI 'TUSCARORA' FLOWERING CATALPA RED CRAPE MYRTLE 15C./ 24B. 24" BOX GU_ E OUE, SUB_ FLA. A. SHRUBS. HET. ARB. ANA. FLA, PER ATR. OLEA EUROPEA 'SWAN HILL: OUERCUS SUBER P LATANUS ACERIFOLIA 'SLOOD60001 FRUITLESS OLIVE - 24' BOX CORK OAK 36' Box LONDON FLAK TREE 24" BOX DOUBLE STAKE / HEIGHT 8-101 SPREAD 31-41 MIN DOUBLE STAKE / HEIGKF 8-10SPREAD 3-4' miN. 15 GALLON ON SLOPES & 24" BOX STREET TREES 1 DOUBLE STAKE / HEIGHT 8-10' , SFRE.40 3d-41 MIN. DOLIOLE STAKE /HEIGHT 8-10.1 , SPREAD 3-41 MIN. MILIEU STAKE /HEIGHT 101-12 , SPREAD 5P-6' MIN. DOUBLE STAKE / HEIGHT 8-10' SPREAD 31-4' MIN CALLISTEMON VIMINALIS *LITTLE JOHN' hi ESPERALOE PARVIFLORA H ETEROMELES ARBUTIFOLIA AGA_ `5,' LEU, F IG.C.' ROS, SAL GRE ATIAGOZANTHUS FLAVIDUS 'VELVET' P EROVSKIA ATRIPLICIFOLIA AGAVE 'SHARKSKIN' LEUCOPHYLLUM FIRUTICOSUM GR. CLOUD' ROSA 'GREEN CARPET SALVIA GREGGI VINES: CO'. CAL. RED MAR RED YUCCA T 070N KANGAROO PAWS RUSSIAN SAGE U 5 GAL 5 GAL 1 GAL 5 GAL SHARKSKIN AGAVE TEXAS RANGER 5 GAL 5 GAL RED GROUND COVE ROSE AUTLIMN SAGE 1 GAL 5 GAL DIS. BUEL FIC. REP, cLYTOSTOmA CALLEsTEGIOIDES DISTICTUS BUCCINITORIUS FICUS REPENS MULCH & GROUNDCOVER WOOD MULCH BAC P. P.P MYO. PAR. PPT FOREST BLEND WOOD MULCH BACCHARIS PILULARIS 'PIDGEON POINT' MYOPORuM PARVIROLJUM JUNCUS PATENS LAVENDER TRuNIDEr VINE RED TRUMPET VINE CREEPING nG FLOWERING SHRUB 0 3' 0.0 ACCENT SHRUB 0 3' O.C. (ALSO LISE IN POTS) LARGE SCREEN SHRUB 0 5' 0.C. ACCENT SHRUB 0 3' 0.0 (ALSO LSE IN POTS) L L L L SCREEN SHRUB 0 5' 0 LARGE ACCENT SHRUB 0 5 O.C. ALSO JSE IN POTS L L L LARGE SCREEN SHRUB 0 5 0 C ACCENT GROUNDCOVER 0 3' 0 C. .ALSO USE IN POTS) L ACCENT SHRUB 3' U.G. 5 GAL 5 GAL 5 GAL. MEDIUM GRIND W000 MULCH _3" MAX. PROSTRATL COYOTE ausH 1 GAL ATTACH TO WALL ATTACH TO WALL ATTACH TO WA_L • M AS REO'D. 3" DEE ci - INSTA_LED IN ALL SHRUE PLANTINC AREAS TTP PROSTRATE MTOPORUM CALWORhIIA RUSH 1 GAL GAL GROUNDCOVER TRIANGULAR SPACING 0 5 0.C_ GROUNDCOVER TRIANGULAR SPACING 5 0 C GRASS - IRIANGULAR SPACING 0 3` OC IN BASINS L PLANT PALETTE - FIGURE 12 Page 47 — Existing Planting to Remain See Figure 12 for all tree and shrub botanical and common names P J PDO -14 Gateway to Temecula Sidewalk Temecula Parkway TEMECULA PARKWAY STREETSCAPE (WEST of GATEWAY DRIVE) - FIGURE 13a Page 48 Building creen N Screen Wall Bu7ling PDD -14 Gateway to Temecula Trellis Screen Wall Monument Sign 1R.O.W. Basin — Concrete Walk Temecula Parkway i„751' Tr 4100, See Figure 12 for all tree and shrub botanical and common names r -0 o -, p)0 TEMECULA PARKWAY STREETSCAPE (EAST of GATEWAY DRIVE)— FIGURE 13b Page 49 ci t PD0-14 Gateway to Temecula See Figure 1 for all tree and shrub botanical and common nerves Planed Mocciain ....-i r A Ik 9 eh eol i:',k,, 110 .i.• Aron! Paving GATEWAY DRIVE STREETSCAPEI PROJECT ENTRY - FIGURE 14 Page 50 11 di O.W. \\ Existing P COO Trs to eniain PAR BUILDING 'ycreen Wall Concrate Walk Monument sib - Shaded Seating Areas '14.1es-1 ?af \cid a lecle Conuete Walk See Figure 12 for ail tree and shrub botanical and common names WiliOtri SficINIG Oct A PDO -14 Gateway to Temecula 040.1 THIRVI-- 7011. IIS Sitc: CA ROPY WA L BEY01443 4 Ma L. MAW im RNLI TALL R* r4u SC RLI14 614.1.1, C EV/ Mit 1, SHADED SEAT IN G AREAS Tomas...lir • ,h -P. , LA PAZ ROAD STREETSCAPE and CORNER TREATMENTS at TEMECULA PARKWAY- FIGURE 15a Page 51 Vallejo Avenue h PDO -14 Gateway to Temecula Er Wide D.G. Trail 2 Rail Fence both sides of Trail Existing Trees to Remain See Figure 12 for all tree and shrub botanical and common names Screen Wall Existing Tree to Remain Existing Tree to Remain Concrete Walk LA PAZ ROAD STREETSCAPE and CORNER TREATMENTS at VALLEJO AVENUE - FIGURE 15b Page 52 Vallejo Avenue —2 Rail Fence PDO -14 Gateway to Temecula End of Wall and Start of 1-,5T Fence Bike Path 8' Wide D.G. Trail 6' Wail on 2' mound See Figure 12 for all tree and shrub botanical and common names 6' HighTubular Steel Fence on 2' mound Living Wall Height Varies VALLEJO AVENUE STREETSCAPE PLAN - FIGURE 16a Page 53 PARIVNG AREA PDO -14 Gateway to Temecula VALLEJO AVENUE PATH PARKWAY PLANTING 8' WIDE 0,G. TRAIL 2 RAIL FENCE BOTH SIDES OF TRAIL MOUNDED PLANTING 6' HIGH WALL ON 2' MOUND, CHANGES TO 6P HIGH TUBULAR STEEL FENCE ON A 2` MOUND AT LOCATION SHOWN ON PLANS, VALLEJO AVENUE STREETSCAPE SECTION - FIGURE 16b Page 54 HIGH SCREEN WALL ON 2* MOUND LARGE EVERGREEN SHRUBS OLIVE THEE - OAK TREE ARBUTUS TREE BUILDING IN THE BACKGROUND HIGH TUBULAR STEEL FENCE ON Z HIGH MOUND PDO -14 Gateway to Temecula -- VINES ATTACHED TO THE TUBULAR STEEL FENCE - 2-2 RAIL FENCE ON EACII EDGE OF . TRAIL BUILDING ON THE PAD BELOW - 2 - 2 RAIL FENCE ON EACH EDGE OF D G. TRAIL STREET EDGE VALLEJO AVENUE STREET VIEW - FIGURE 1 Page 55 Gateway to Temecula C. Walls, Fences and Emergency Gate Walls provide edges, grade retention, spatial definition and privacy, but will also enhance the design character of PDO -14. Their design is encouraged to reflect the community environment through recalling historic wall design with materials, stone or masonry unit size and joinery. Materials, texture and color should be used to make walls visually interesting and compatible with the architectural and landscape architecture design. Walls and fences are particularly critical along the Project's most sensitive edge — Vallejo Avenue. Figure 17a, Master Wall and Fence Plan depicts the overall wall and fence concept for PDO -14. Figure 17a, Master Wall and Fence Plan shows the location for a variety of walls: • A 6' high wall along Vallejo Avenue. This wall rises from 6' on the mound to 8' at each side of the exit gate and shall connect to Building "D". • A 6' high tubular steel fence along Vallejo Avenue beginning at the termination of the 6wall and continue to the west property line. Vines will be planted on the fence for additional screening. • A 4' high wall adjacent to drive-thrus (for screening). • A 3' high 2 rail fence along Vallejo Avenue on either side of the D.G. trail. • A planted "Tensar Sierra Slope Living Wall" shall be incorporated along the northwestern portion of the site. Typical design and aesthetic should be as depicted below. • A "Tensar Rock Wall" shall be incorporated adjacent to and southerly of Vallejo Ave. Typical design and aesthetic should be as depicted below. Tensar Sierra Slope Living Wall after installation. Planned Development Overlay (PDO -1 4) 56 Gateway to Temecula Tensar Sierra Slope Living Wall after one year of growth. Tensar Rock Wall. Figure 17b, Wall and Fence Elevations depicts the elevations of walls and fencing not depicted above. Figure 17c, Vallejo Avenue Emergency Access Gate depicts the locked Planned Development Overlay (PDO -14) 57 Gateway to Temecula emergency access gate for PDO -14. This access will be a minimum of 30in width and shall be equipped with a knox rapid entry system. • Fences and walls should be minimized along public and private street right-of-way. • Walls should be stepped to follow the terrain. • Landscaping should be used to soften walls. • Landscape materials will complement the architectural theme. • Stone veneer, masonry, block and wrought iron combinations are acceptable. • Wood fence material should be of the quality to stain so as to prevent rotting and weathering. • Walls may be covered with stucco in colors suitable to the architectural theme. • Stone surfaces may remain natural and unpainted. • Materials, colors and textures shall be varied to create interest and relieve visual monotony. • Barbed wire, wire, electrically charged fences, corrugated metal, chain link, and grape -stake fencing is prohfbited. Planned Development Overlay (PDO -14) 58 Vallejo Avenue PDO -14 Gateway to Temecula Wall extends to 8 at the exjl gate on both si es.s r n x irm Wall Legend 81 High § exit gates 6' High Walt on a ' Mound 4 High Wall 6' High Tubular Steel Fence an a ' mound wJ vines 2 Rail Fence Ltvinq Wall MASTER WALL and FENCE PLAN - FIGURE 17a Page 59 A I • • • - • • SECTION Two Rail Fence (White) 0 .1-C.:AIL SLOTS EC: IC. ALL: 1(3 CHAV; ES riETWEEN CAL. 61ix€i" POLY ijOST -C" 2"x 5" POLY RAIL TvP • J \CRETE FC!:TING,. ▪ LL) LEAI- FOM P...1-! OF F.DTTHii,711-0V :•' '-TJ NATIVE IMTEqIAL oST tr--C C "x HAIL re FI\ GRE. ELEVATION Note: The two rail fence along Vallejo Avenue shall be 31 high 6-11b-i1ar SILIM14111.1.E wall 6" LIlyI1.Dorn Apply 1116,C19,,, 4ivr•EvliT siico boor, coot( 01.1/2.16 Slurry cow, Flint rid ge y Expo Deactplvtly 11, cap .0....11ro profilc Ctilow • 5p y Uchittat Wall beyand 3rikbrn at 5Dr-ir tfitervai5 Rote, ID ;Rail Rear Wall Elevation Pik.. W. at C011wri, Mi.. Wad L•ns 1 yp.c.ay .78% refer 04011 PDO -14 Gateway to Temecula •••••Ei.:=1_,•L'.1"Z; + kiiTt46.` ZKET rip ILJJ BUILDING BEYOND 1- V c 1& T.3, LP?. STEEL 1C5i I:1E7RA, PaS- kEa.-11a14 *T71 RON 3"' 117:1..1117i 511111 icKET IUED PL Fri[SJ-1 c.roFr WALL Tubular Steel Fence with Vines 4 TALL DRIVE THRU SCREEN WALL Refer to Figure 9 WALL and FENCE ELEVATIONS - FIGURE 17b Page 60 1 '),4 1 " GAUL IEEL MESH 0, GATE 5/8" SQ. T.S. BARS -4 O.C. TYP. 1"x - 1 /7" T.S. RAILS CONCRETE CAP PDO -14 Gateway to Temecula -\\ TOP, BTM. & SIDES rrp.-\ = 24' So_ STEEL V -GROOVED, HIGH SPEED BALL BEARING WHEEL TYP GATE RAIL TYR MOUND TRANSMONS TO GRADE TYPICAL BOTH SIDES Note: The gate shall be equipped with a knox rapid entry system 3W-0"± 3/16" X 6" CONT. STL PLATE CENTERED ON SIL TUBES. WELD ALL AROUND TYP. Tvrimill Gi;r frErers.nc, Cit r .16.1.. 4.1 ir..0 v., Pip 1,411 %%Po. 4.1,1 4. al gro46416.1116.111,1 I r F I ereiper64.4e4A111,11..iliikaL 1.41 F.1. lja I. P.11, r.11 rNr‘r p,;:i '041 411P., #1.11,....1.41,116 I' rand 1.tamt DUN KUlt tititarsal SksiNes5 Steel Model Numbe, 3K-St5 or apomseet totovelecti VALLEJO AVENUE EMERGENCY ACCESS GATE - FIGURE 17c Page 61 Gateway to Temecula D. Common Space Elements Figure 18a, Outdoor Gathering Area Plans, Figure 18b, Outdoor Gathering Area Examples, and Figure 18o, Outdoor Furniture Examples, depict the potential development of common space elements in PDO -14. The name and manufacturer of the element has been provided as a guideline. A product of equal, or superior quality may also be permitted. These areas will be located at several locations in PDO -14 for outside enjoyment of commerciar spaces. These spaces may contain, at a minimum: • Enhanced colored concrete paving: o Pedestrian Path: Top cast # 3, saw cut joints @ 7Z on center each way, 45 degree orientation o Seating Areas: Top cast # 3, saw cut © 36" on center each way, 45 degree orientation • Tables. • Chairs. • Benches. • Umbrellas or permanent shade structures. • Misters. • Covered walkways. • Trellis covered walkways. • Wine barrel or terra cotta planters. The retailer is free to add additional items as desired in order to enhance the outdoor space. Planned Development Overlay (PD0-14) 62 $1 -CE PEDESTRIAN PATH - COLORED C ORCRET E TO P. C '3 .10101114 o EACH WO sewn PIG AREAS. comae°, GONC,RETE PAYINGO OP CAST 43, DECOR.A1 YL JOIN PATTERN. WO C EAC1.t WAY DE CORATNE OVERSZED SPAlhaSiti STYLE TERRACOTTA PLANTER PDO -14 Gateway to Temecula . • COVERED PATO JL-)Frd-2'• #4.. 1/4 - ‘..t4 ?scoa‘i -rierDecu\e' Shaded Seeing Areas Concrete Wilk OUTDOOR GATHERING AREA PLANS - FIGURE 18a Page 63 TYPICAL TRELLIS STYLE COVERED WALKWAYS ENHANCED CONCRETE WINE BARREL PLANTERS PDO -14 Gateway to Temecula COVERED WALKWAYS AND OUTDOOR SEATING TYPICAL TRELLIS STYLE COVERINGS OUTDOOR GATHERING AREA EXAMPLES - FIGURE 18b Page 64 Bench L-N-rieriadi. sit riot TYP. RAT Eat STRAP, WELD ATT. ffai KJ a, L.= (or approved euuiva[enti ; [4-1-1 at. r 1 rL 111 TYR 14-5-14PPE bi-mseating Aruba ,or approved equivalent,[ PDO -14 Gateway to Temecula bfmseating Longport (or approved equ[valent) table tops bfrriseating (or approve° eq[iivalent) Abn OUTDOOR FURNITURE EXAMPLES - FIGURE 18c Page 65 EXHIBIT B AMENDED ZONING MAP/GENERAL PLAN LAND USE MAP Proposed General Plan Land Use Proposed Zoning APN: 922,170,013 PC RESOLUTION TENTATIVE TIVE PARCEL MAP PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-2708, A TENTATIVE PARCEL MAP TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) TO ALLOW FOR A COMMERCIAL CENTER GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922- 170-015, 922-170-013, AND 922-170-012)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. Pk14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Appfication PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 applications and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Tentative Parcel Map application PA14-2708, hereby finds, determines and declares that: Tentative Parcel Map application No. PA14-2708 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: ZA1AGENDA MANAGEMPlanning Commission Items\2016\1005161Gateway17-PC Resolution Tentative Parcel rviap(PA14- 2708)Aocx A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code, As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact /and designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 8.79 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula Genera/ Plan and the development standards for the Planned Development Over/ay 14 zoning designation, D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's Genera/ P/an and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of Overriding Consideration has been provided in order to account for temporary construction noises, greenhouse gases, and traffic on interstate 15 on ramps. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Z:VIAGENDA MANAGERNPlanning Commission rtems\2016\100516\Gateway7-PC Resolution Tentative Parcel Map(PA14- 2708),docx The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirement as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. Alt acquired rights-of-way and easements have been provided on the Tentative Map, The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a commercial development. No residential units are proposed that will be subject to Quimby. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map Application, PA14-0167: A. Pursuant to California Environmental Quality Act ('CEQA), City staff determined an Environmental impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Zone Change Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from ZMAGENDA MANAGER\Planning Commission Iterris\2016\100516,,Gatewayg-PC Resolution Tentative Parcel Map(PA14- 2708) docx May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016, Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hail, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Meilman Community Library located 41000 County Center Drive; and the City of Temecula website. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project_ Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2708, a Tentative Parcel Map to divide four existing parcels totaling 8,79 acres into six lots (with two lettered lots) to allow for a commercial center generally located on the northwest corner of Temecula Parkway and La Paz Road, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit B, attached hereto, and incorporated herein by this reference. Z:\IAGENDA MANAGERIPianning Commission Iterns\2016\100516\Gateway17-PC ResoEutTon Tentative ParceE Map(PA14- 2708).crocx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. Ron Guerriero, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES_ PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary Z:VIAGENDA MANAGER \Planning Commission Items1201611005161Gateway17-PC Resoluti On Tentative Parcel Map(PA14- 2708).docx EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP 36862 TO DIVIDE FOUR EXISTING PARCELS TOTALING 8.79 ACRES INTO SIX LOTS (WITH TWO LETTERED LOTS) ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of MP Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. 8. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House frorn May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Meliman Community Library located 41000 County Center Drive; and the City of Temecula website. Z:\1 AGENDA MANAGERIPIanning Commission Iterns\2016\100516\GatewayWa-City Council Resolution Tentative Parcel Viap(PA14-2708).docx D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PAI4-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report (EIR"), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 1 6 - recommending that the •City Council certify the Final Supplemental Environmental impact Report for the Project, adopt a Statement of Overridino Considerations, and approve a Mitigation MorOtoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a resolution of the City Council of the City of Temecula approving Tentative Parcel Map 36862 to divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) on the northwest corner of Temecula Parkway and La Paz Road. G. On the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving Tentative Parcel Map No. 36862 hereby makes the following findings: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. Z:\1 AGENDA MANAGERTianning Commission Items\2016\100516\GatewayWa-City Council Resolution Tentative Parcel Map(PA14-2708).docx As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula Genera/ Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 8.79 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 14 zoning designation. I. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property. An Environmental Impact Report (BR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems_ The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's Genera/ Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. A Statement of Overriding Consideration has been provided in order to account for temporary construction noises, greenhouse gases, and traffic on Interstate 15 on ramps. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all ZMAGENDAIVIANAGERTIanning Commission Items12016\100516‘GatewayVa-City Council Resolution Tentative Parcel Map(PA14-2708).docx appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunitieS. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a commercial development. No residential units are proposed that will be subject to Quimby. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA14-2708, a Tentative Parcel Map to divide four existing parcels totaling 8.79 acres into six lots (with two lettered lots) to allow for a commercial center generally located on the northwest comer of Temecula Parkway and La Paz Road (APNs 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. ZMAGENDA MANAGEMPlanning Commission Items)2016\100516\Gatewaylga-City Council Resolution Tentative Parcel Map(PA14-2708)docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mike S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA 1, Randi Joh', City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Joh!, City Clerk ZMAGENDA MANAGEMPlanning Commission Items12016\100516\Gateway\7a-City Council Resolution Tentative Parcel Map(PA14-2708).docx EXHIBIT B CONDITIONS F 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 B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL. PAI 4-2708 Temecula Gateway Tentative Parcel Map: A Tentative Parcel Map for the creation of six lots from four existing lots. The project is generally located en the north west corner or La Paz and Temecula Parkway. 922-170-013 922-170-012 922-170-015 922-170-014 Commercial Retail Commercial Retail Commercial N/A Non -Residential Project Within 48 Hours of the Approval 1. Filing Notice of Determination. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) fee, required by Fish and Wildlife Code Section 711.4(03) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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(0). 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 and its attorneys 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 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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 up to five extensions of time, one year at a trine 5 Com !lance with ER_ The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared El R (SCH 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6, Conformance with A roved Plans The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Modifications or Revisions_ The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Reciprocal Use Acreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to the Final Map recording), which provides for cross -lot access and parking across all lots. 9. Subdivision Map Act_ The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460 unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 10. 5ubdivision_Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. 11. Class I Multi -Use Trails. Class multi -use trails shall be provided as per the City of Temeculas Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 12. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Prior to Recordation of the Final Map 13. Final Ma. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 14. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) SCH No. 2015061086 was prepared for this project and is on file at the City of Temecula Planning Division. c. This project is within a Liquefaction Hazard Zone. d, This project is within a Subsidence Zone. 15. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000, The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 16. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 17, Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 18_ Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 19. !CC&Rs andManagementiMaintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 20. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance_ 21. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 22. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 2. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 24. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 25. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved_ 26. Consent of City of TemecuIa. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (insert #) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions &Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness OF legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 27. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA _ 1. The Conditions of Approval of Tentative Parcel Map Number 36862 requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The Citys consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approvat of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4_ These CC&Rs shall not be terminated, amended or cthetwise modified without the express written consent of the Director Community Development of the City of Temecula_ 28. Operation of Association_ No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall pemnit enforcement by the City for provisions required as Conditions of Approvai. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 29. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 30. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 31, Public Access Easement. A public access easement shall be provided, on the final map, for the trail located along Vallejo Road. Outside Agencies 32. General. The project must comply with all requirements set forth by Southern California Edison's letter dated July 22, 2016, a copy of which is attached herein. PUBLIC WORKS DEPARTMENT General Requirements 33.- Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 34. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision_ 35. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codesistanda rds, 36_ Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required, and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 37. PW -005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with CalTrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 38. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 39, Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 40, Trajlfilong Vallejo Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. Prior to Recordation of the Final Map 41. Plans, iPsgmernen.ts8( Semiitie_s. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 42. Riqht-of-Way Dedications_ All easements arid/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. :If dedications shall be free from all encumbrances as approved by Public Works_ 43. Environmental Constraint Sheet (EQ$). The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 44. Re_c4red__Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. CalTrans; b. Riverside County Flood Control and Water Conservation District; c. Rancho California Water District; d. Eastern Municipal Water District; or other affected agencies 45. jght of Access. Relinquish and waive right of access on the Parcel Map as delineated on the approved Tentative Parcel Map: a. Temecula Parkway with the exception one 60 -foot wide opening; b. La Paz Street with no opening; and c. Vallejo Avenue with the exception of one 30 -foot wide opening. 46, Existing/Current Easements. Ali underlying existing and/or current easements encumbering the property shall be vacated/abandoned/relinquished respectively with separate instruments or upon recordation of the Parcel Map. 47, Easements. Note the following: a. A note shall be added to the Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 48. Public Street Im rovernents and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted_ Plans shalt be approved by Public Works, All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltransstandards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No, 1008 — 134' (min) RAN) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left tum lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map, b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 10013 — 134' (min) RNV) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvennents) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 1008 — 134' (min) RAN) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' RNV) to include dedication of half -width street right-of-way, installation of half -width street improvements, curb and gutter; sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' RNV) to include dedication of half -width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map_ f. Temecula Parkway © Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g_ Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits, Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits, 49. Undergroundinq Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 50, Undergrounding Utility Systems. Ali utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 51. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract or Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 52_ Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 53, Property Taxes. Any delinquent property taxes shalt be paid. 54. Flection Procgdin . The developer shall file a notice of intention with the Finance Department to initiate election proceedings for acceptance of street lighting into the appropriate maintenance program (Service Level By All cost associated with this process shall be borne by the developer. 55. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility_ Prior to Issuance of a Grading Permit 56. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from affected agencies. 57. Gradin.s/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final VVQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: vlAvw.Te mecu la CA . g o v/E C M 58. Erosion & Sediment Control Securities, The developer shall comply with the provisions of Chapter 24, Section 18,24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 59. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a, A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The projectis Risk Level (RL) determination number; and o. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SVVRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review mvvv.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://viiww.waterboards.ca.goviwater_issuesiprograms/storrnwaterfconstruction.shtmi 60. Water Quality Management Plan (WQMF!) and O&IV1 Agreement.. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.Temecu I aCA.goviWQMP 61. Area Draina e Plan ADP Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&VVCD. If the full ADP fee has already been credited to this property, no new charge will be required. 62. DrairyJd . A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30T] RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 63. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soif conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 64. Qeoloigiol Report, The developer shall obtain approval from the County Geologist. 65. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 66. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid, Prior to Issuance of Building Permit(s) 67. Final Map. Parcel Map shall be approved and recorded. 68. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 69. Prior to Issuance of the last uilding Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following im provernents: a. La Paz Street/Ternecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith RoadiTernecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 70. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. 71. Street Iigfl. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If riot obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. Prior to Issuance of a Certificate of Occupancy 72. Prior to Issuance of the first Certificate of OCC1.1. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 73. ompletion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 74. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 75. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per .City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771_ 76, Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. FIRE PREVENTION General Requirements 77. Life Safetv Conditions. Final fire and life safety conditions ill be addressed when building pans are reviewed by the Fire Prevention Bureau under the Conditional Use Permits for this development and Deveiopment Plan. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal 5OUTI-41V11\ (Al IFORNIA EDISON Aik ansoN it.,\-rocy row. a CumparrY City of Temecula 41000 Main Street Temecula, CA 92590 Attention: Planning Department Subject: Parcel Map No, 36862 July 22, 2016 Please be advised that the division of the property shown on Tract Map No. 36862 will not unreasonably interfere with the free and complete exercise of any facilities and/or easements held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (909) 274-1087., cc: Utility Specialist 2 Innovation Way Pomona. CA 91768 Salvador Flores Title and Real Estate Services Real Properties PC RESOLUTION CONDITIONAL USE PERMIT (GAS STATION, ALCOHOL SALES, CAR WASH) PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNiNG COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-2709, A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TE1VIECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. 17%14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi flied Planning Application PA14 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PAI6-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Deve[opment Code. B. The Project 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Firchrgs. The Planning Commission, in recommending approval of Conditional Use Permit Application No. PA14-2858 hereby finds, determines and declares that: Conditional Use Permit application No. PA14-2709 is consistent with the General Ran for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: ZTIAGENDA MANAGEMPlanning Commission Items\201611005161Gateway18-PC Resolution Gas Sta!ion CUP(PA14-2709).docx A. The proposed conditional uses are consistent with the general plan and the development code. The conditional uses will consist of an automobile service station with a car wash and convenience store selling alcohol (Type 20 License). These uses are permitted upon the approval of a Conditional Use Permit per the proposed Planned Development Overlay. The uses are also consistent with the proposed Community Commercial General Plan designation proposed by the project. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is located north of the project site. However, approximately 750 feet separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. Per the City of Temecula Development Code, the proposed car wash will be fully screened from the residential across Vallejo Avenue. In addition, the use will be supervised by several employees during operating hours. The proposed operating hours are consistent with Development Code requirements. B. The proposed conditionat use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. A school and City operated park-and-ride are also adjacent to the project site. The alcohol use is approximately 750 feet from the entrance to the school. The Development Code requires a distance of 600 feet. The structure housing the conditional uses will be separated from the nearby residential with a six foot high wall. Therefore the uses are 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. ZMAGENDA MANAGERT[anning Commission Iterns\2016\100516\Gateway\8-PC Resolution Gas Station CUP(PA14-2709).docx The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general weifare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and genera/ we/fare of the community. No negative impacts are anticipated. 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA14-2709: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an EIR of the potential environmental effects of the approval of the Project, including the Zone Change Application would be necessary, On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. ZA1AGENIDA MANAGER\Ranning Commission Items\2016\1005161Gateway18-PC Resolution Gas Station CUP(PA14-2709).docx E Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellrnan Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2709, a Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and carwash to be generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit B", aftached hereto, and incorporated herein by this reference. ZA1AGENDA rvIANAGERTlanning Commission Items20161100516kGateway\8-PC Resolution Gas Station CLIP(PA14-2709).docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Ron Guerriero, Chairman 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary 7:\1AGENDA MANAGEMPlanning Commission Items‘2016\1005161Gateway\8-PC Resolution Gas Station CUP(PA14-2709).clocx EXHIBIT CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA14-2709, A CONDITIONAL USE PERMIT FOR A GAS STATION WITH A CONVENIENCE STORE (INCLUDING THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2018, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearhig House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, Caiifornia 92590; the Temecula Public Library located at 33600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Repot PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Panning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving Planning Application PA14-2709, a Conditional Use Permit for a gas station with a convenience store (including the sale of alcohol per ABC Type 20) and car wash to be generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012). G. On , the City Council of the City of Temecula considered the Project and the E1R, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the conditional use permit for a gas station with a convenience store (including the sale of alcohol per ABC license type 20) and car wash (PA14-2709), pursuant to Temecula Municipal Code Section 17.04.010, hereby finds, determines and declares that: A. The proposed conditional uses are consistent with the general plan and the development code. The conditional uses will consist of an automobile service station with a car wash and convenience store selling alcohol (Type 20 License). These uses are permitted upon the approval of a Conditional Use Permit per the proposed Planned Development Overlay. The uses are also consistent with the proposed Community Commercial Genera/ Plan designation proposed by the project. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park. The code indicates that this distance shall be measured between the main eritrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. A religious/educational facility is /orated north of the project site. However, approximately 750 feet separate the main entrance of the convenience store and the closest public entrance of the religious/educational facility. Per the City of Temecula Development Code, the proposed car wash will be fully screened from the residential across Vallejo Avenue. /n addition, the use will be supervised by several employees during operating hours. The proposed operating hours are consistent with Development Code requirements. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. A school and City operated park and ride are also adjacent to the project site. The alcohol use is appoximatley 750 feet from the entrance to the school. The Development Code requires a distance of 600 feet. The structure housing the conditional uses will be separated from the nearby residential with a six foot high all. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 director, planning commission, or city council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2709, a Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and car wash to be generally located on the nort west comer of La Paz Road and Temecula Parkway APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ATTEST: Randi Johl, City Clerk [SEAL]. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA Mike S. Naggar, Mayor 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEN1ECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2709 Project Description: Assessor's Parcel No.: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for a gas station with a convenience store (including the sale of alcohol per ABC license Type 20) and car wash to be generally located on the north west corner of La Paz and Temecula Parkway 922-170-014 922-170-015 922-170-013 rvisHcp Category Commercial DIF Category: Retail Commercial TUIVIF Category; Retail Commercial Quimby Category: NIA Non -Residential Approval Date: Expiration Date: PLANNING DIVISION General Requirements 1. 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 and its attorneys 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 appricable 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. 2. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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 3 Time Extension, The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 3 extensions of time, one year at a time, 4 Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016). 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. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7 Water Qualkand Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or frorn leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles on-site (with the exception of vehicle washing within the approved car wash). c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Sale of Motor Vehicle Fuel and Alcoholic Beverages. Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off -premises consumption shall abide by the following conditions: a. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. b. No sale of alcoholic beverages shall be made from a drive-thru window, c. No display or sale of beer or wine shall be made from an ice tub. d. No beer or wine advertising shall be located on motor fuel islands and no self -illuminated advertising for beer or wine shall be located on buildings or windows. e. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. f. Regular hours of operation shall be between (enter hours), (enter # of days) days each week. 10. Statement of 0 erations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. 11. Previous Conditions of Approval. Ali previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 13. City Review and Modification oLCUP, 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. 14. Propel -1v Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 15. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 16. Landscape Installation Consistent with Constructjon_ Pians. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17, Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 18_ Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 19. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 20. Compliance with Dept OLEnvironmta Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 21. Compliance with EMVVD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated January 12, 2015, a copy of which is attached. BUILDING AND SAFETY DIVISION General Requirements 22, Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 23. Compliance with Code. A!! 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 24. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas_ 25. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palornar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 26. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 27. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 28. Obtain Approvals prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 29. Obtaininate Approvafs and Permits_ Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 30. Sewer and Water Plan Approvs. On-site sewer and water plans will require separate approvals and permits. 31. Hours of Construction_ Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted ori Sundays and nationally recognized Government Holidays. 32. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 33. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 34. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 35. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. Prior to Issuance of Building Permit(s) 36. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature ori the plans. FIRE PREVENTION General Requirements 37. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6' x x (2) 2 Y2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15:16.020) 38. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 39. Fire Dept. Plan Review. Final fire and life safety conditions wilt be addressed when bui!ding plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 40. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow can be available from public and/or private water systems. (CFC Appendix 13 and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 41. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15A6020). 42. All Weather Access Roads_ Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of _25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Perm it(s) 43. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Flans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5), 44, Required Submittals (Fire Sprinkler Systems. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau_ These plans must be submitted prior to the issuance of building permit 45. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit Prior to Issuance of Certificate of Occupancy 46. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (bfue dots) (City Ordinance 15.16.020). 47. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 48. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16_020). 49, Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). 50, Additional Submittals Fire Above/Below Ground Tanks . The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 57 and City Ordinance 1516_020). 51_ Additional Submittals Hazardous Materials . The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 1 and 50 through 67 and City Ordinance 15_16.020). POLICE DEPARTMENT General Requirements 52. Type 42 License. The applicant has applied for a Type 20 License. The applicant shall apply for an ABC Type 20 license_ An ABC Type 20 license authorizes the sale of beer and wine, for consumption off the premises where sold (gas station & convenience store) Minors are allowed on the premises. Food service is not required. 53. 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. 54. 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. 55. 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 (riot 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. 56. DorderIy 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). 57. 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). 58. 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 Iega1 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 138,1='; 148 and 241 (b) PC). 59, Employee Training for identification Checks. The applicant shall ensure all enriployees 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 arid 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. 60. Questions Conditions.Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. Board of Directors President Randy A Record Directors Joseph J Kuchler, CPA Philip E Pauk David 1 Slawson Ronald W. Sullivan General Manager Paul D. Jones Ili P.E. Treasurer Joseph J. Kuchler, CPA Chairman of the Hoard, The Metropolitan Water District of So. Cakl. Randy A_ Record Legal Counsel Lemieux & O'Neill January 12, 2015 EASTERN MUNICIPAL WATER fl1STRJL SINCE 1950 Mr. Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, Ca. 92590 Re: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for a gas station with a convenience store and car wash to be generally located on the north west corner of La Paz and Temecula Parkway. Case/Plan Number: PA 14-2709, APN 922-170-013 and PA 14-2707, APN 922-170-015. Dear Mr. Jones, The subject project requires sewer services from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Pian of Service (P05), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our "New Development Process" web page, under the 'Businesses" tab, at www.emwd,org. This meeting will offer the following benefits: 1. Describe EMIND's development work -flow process 2. Identify project scope and parameters 3. Preliminary, high level review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a Plan Of Service (P05) will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check.. Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd,org The POS process will provide the following: 1- Technical evaluation of the project's preliminary design 2- Defined facility requirements, i.e. approved POS 3- Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have questions or concerns, please do not hesitate to contact me. Sine ely, LLkJ Maroun El -Rage, M.S., P.E. Senior Civil Engineer - New Business Dept. - Extension x4488 El-hagem@emwd.om PC RESOLUTION CONDMONAL USE PERMIT (DRIVE-THRU) PC RESOLUTION N . 16- A RESOLUTION N F THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAI -2710, CONDMONAL USE PERMIT TO LL ' "' DRIVE-THROUGH FOR PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012)" -1 - 1 )" Section 1. Procedural Find n + The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, , Tony and rir Dehbozorgi filed Planning pplic tion No. P 1 -01 7, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application. Nos. PA1 -2708 a Tentative Parcel Map; PA14-2707, a Development Flan and .I4- 709, a Conditional Use Permit for a gas station. On November , 2014, Tony and Amir Dehbozorgi filed Planning ppli ation No. P 1 -2710, a Conditional Use Permit for a drive-through facility. On December , 2014, Tony and Amir Dehbozorgi filed Planning Application P 1 -2858, a General. Flan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PAI5-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, n behalf of B&P oil Services, frl d Planning Application P 1 -00 0, a Development Plan.. These applications (collectively "Project") were filed in a manner er in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, at a duly noticed public hearing as prescribed y 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. Ali legal preconditions to the adoption of this Reno Fution have occurred, Section 2. Further Findings. The Planning Commission, in recommending approval of Conditional Use Application No. P ►1 -271 o hereby finds, determines and declares that: Conditional Use Permit application No. PA14-2710 is consistent with the General Plan for the City of Temecula n with all applicable requirements of State law and other Ordinances of the City: A. The proposed conditional uses are consistent with the General Plan and the Development Code. Z:\1 AGENDA IvlANAGERTIanning Commission It ms\2 1 V, 00516 ate ayl9-P Resolution Drum Thru UP(P I4- 710) doci The conditional use consists of a drive-through facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is also consistent with the proposed Community Commercial General Plan designation proposed by the project The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-through. These measures will help ensure that the visual impact from the drive-through will be minimal. The drive-through meets all requirements of the Temecula Development Code including stacking distance. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. The drive-through will be located adjacent to Temecula Parkway and is screened. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. E. That the decision to approve, conditionally approve, or deny the appiication for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission, or city council on appeal. Z: \ 1 AGENDA MANAGER1Planning Commission Items1201 6110051 61Gateway19-PC Resolution Drive Thru CUP (PA1 4-27 1 0).docx The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit, PA14-2710: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Conditional Use Permit Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disciosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Availability indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. The Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel'man Community Library located 41000 County Center Drive, and the City of Temecula website. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. Or October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City ZMAGENDA IVIANAGERTianning Commission Items\2016\ 0516kGateway‘9-PC Resolution Drive Thru CUP(FA14-2710),docx staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Z:\1AGENDA MANAGERTIanning Commission Items\.2016\100516\Gateway19-PC Resoiution Drive Thru CUP(PA14-2710).docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Ron Guerriero, Chairman 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No, 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: FUMING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary Z:\lAGENDA MANAGERTianning Commission items‘2016\100516).Gateway\9-PC Resolution Drive Thru CUP(PA14-2710).docx EXHIBIT CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA14-2710, A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PAU-2708, a Tentative Parcel Map: PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permft for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-through facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-2858, a General Plan Amendment. Or July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. The applications (collectively 'Project) were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590, the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Meliman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-through facility., PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , A Resolution of the City Council of the City of Temecula Approving Planning Appliation PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012). H. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. r. Following the public hearing, the Council adopted Resolution No. 16T adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Conditional Use Permit for a drive-through (PA14-2710, pursuant to Temecula Municipal Code Section 17.04.010, hereby finds determines and declares that: A. The proposed Conditional Uses are consistent with the General Plan and the Development Code The conditional use consists of a drive-through facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is also consistent with the proposed Community Commercial Genera/ Plan designation proposed by the project. The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-through. These measures will help ensure that the visual impact from the drive-through will be minima/. The drive-through meets all requirements of the Temecula Development Code including stacking distance. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by Highway Tourist, High density residential, and Very Low density residential uses. The drive-through will be located adjacent to Temecula Parkway and is screened. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 proposed Planned Development Overlay and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. No negative impacts are anticipated. 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications will be based on substantial evidence in view of the record as a whole before the City Council. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Appl[cation No. PAI4-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference, Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mike S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA 1, Randi JohI, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No, - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Joh!, City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2710 Project Description: Temecula Gateway CUP: A Conditional Use Permit to allow a drive-thru for a proposed coffee shop generally located ori the north west corner of La Paz and Temecula Parkway Assessor's Parcel No.: 922-170-015 922-170-013 922-170-014 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A Non -Residential Project Approval Date: Expiration Date: PLANNING DIVISION General Requirements 1. 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 and its attorneys 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. 2 Expiration!. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void, Use means the beginning of substantial construction contemplated by this approval within the 2 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. 3 Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant 5 one year extensions of time, one year at a time. 4. Com Hance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH #2015061086, September 2016), 5, ,Confosnlance with Ap_prp_v_d Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6, Water Ottakty and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 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. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 10. Revocation of CUP, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. Gity 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Screening of Loading_ Areas_ The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet wails are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development_ 13. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 14_ Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 15. Installation of Site lmprovements. All site improvements, including but not limited to, parking areas and striping shall be installed. 16. Compliance with ConditionsofApprovaL All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 17. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submiftal. 18. Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 19. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 20. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 21. Street Addressing_ Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residentiaE projects or a recorded final map for single-family residential projects. 22. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 23 Obtain A rchnpas x to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 24. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 25. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 26. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 700 a.m. to 6:30 p.m. No work is permifted on Sundays and nationally recognized Government Holidays. 27. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 28. Submittinq Plans and _Calcula ions. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanicat plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 29. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 30. Plans Res uire Stam • of Re istered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 31. Pre -Construction _Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FRE PREVENTION General Requirements 32. EireD.eiLPIan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Building Perm it(s) 33. Required Submittals (Fire Underground Watel)._ The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). If the water line was installed up to the building on the master underground water plans then this permit will not be required for this building. 34_ Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 35. Required Submittqls (*Fire Alarm ystem_...,1. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval_ Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 36. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 3T Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). PC RESOLUTION DEVELOPMENT PLAN (PLANNING AREA 1) PC RESOLUTION NO .16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0090, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amfr Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditionai Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P it Services, flied Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to ard did testify either in support or in opposition to this matter. D. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approva! of Development Plan Application PA16-0090 hereby finds, determines and declares that: Development Plan application No. PA16-0090 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: Z:\lAGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\10-PC ResoCution Development Plan La Fitness(IDA16-0090)_docx A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the Genera/ Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA16-0090: Pursuant to CEQA, City staff determined an Environmental impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Development Plan Application would be necessary. On June 26, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft El R for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E Thereafter, City staff circulated a Notice of Completion indicating the pubUc comment period and intent to adopt the EIR as required by law. Tie Z:VIAGENDA NIANAGER\Planning Commission Itemsli2016\100516\Gateway110-PC Resolution Development Han La Fitness(PA16-0090).docx public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590, the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel'man Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA16-0090, a Development Pian application to allow for the construction of an approximately 37,000 square foot fitness facility within the Temecula Gateway project site generally located on the northwest corner of Temecula Parkway and La Paz Road, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference ZA1AGENDA MANAGERTIanning Commission Iterns\2016\100516\Gateway\10-PC Resolution Development Pian La Fitness(PA16-0090).docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. Ron Guerriero, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES. PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary Z:V1AGENDA MANAGERNPlanning Commission Items\2016\100516\Gateway\10-PC Resolution Deveropment Plan La Fitness(PA16-0090),docx EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 37,000 SQUARE FOOT FITNESS FACILITY LOCATED ON THE TEMECULA GATEWAY PROJECT SITE, GENERALLY LOCATED ON THE NORTHWEST CORNER OF TEMECULA PARKWAY AND LA PAZ ROAD (APN 922-170-014, 922-170-015, 922-170- 013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Panning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment, On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On October 5, 2016, the Planning Commission considered a Final Environmental Impact Report; PA14-2858, a General Plan Amendment; Planning Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14- 2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station; PA -14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of informaVon received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving planning application No. PA16-0090, a Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the northwest corner of Temecula Parkway and La Paz Road (APN 922-170-014, 922-170- 015, 922-170-013, AND 922-170-012). H. On , the City Council of the City of Temecula considered the Project and the E1R, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. '16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. Ali legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a development plan application to allow for the construction of a fitness facility totaling approximately 23,666 square feet, consisting of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure generally located on the northwest corner of La Paz road and Temecula (PA14-2707), pursuant to Temecula Municipal Code Section 17.05.010, hereby finds, determines and declares that:: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and we/fare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA16-0090, a Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located ori the northwest corner of Temecula Parkway and La Paz Road, subject to the Conditions of Approval set forth on Exh bit B, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mike S. Naggar, Mayor ATTEST: Randi Joh], City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA 1, Rand' Joh, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Joht, City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0090 Project Description: LA Fitness Development Plan: A Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located on the northwest corner of Temecula Parkway and La Paz Assessor's Parcel No.: 922-170-012 922-170-013 MSHCP Category Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A Non -Residential Project Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1, filinatpti_ce of Deteffninatio.. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) fee, required by Fish and Wildlife Code Section 711.4(03) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Pubic Resources Code Section 21152 and California Code of Regulations Section 15904. tf 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 and its attorneys 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 three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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 up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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. 7 Signage Permits. A separate building permit shall be required for all signage. 8 Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. tf it is determined that the landscaping is not being mantained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water_chiAL‘t and Drainage. Other than stormwater, it is illegal to allow liquids, geis, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11, Paint InspectIon. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. 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 City staffs 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 Condition's 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. Main Walls, Merlex Stucco Santa Barbara Smooth Finish, colors, Desert Beige - Flintridge - IVloonshadow - Terracotta; Board and Butten Siding, color, Sandstone; Accent Siding, Corten Steel; Trellis, Corten Steel; Accent Wall, Horizontal Seam Butted Board Siding, color, Sable Brown. 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site, These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple Jots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposat of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Al Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code, 22. ari2oerty Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, wails, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class I MultilUse Trails. Class I multi -use trails shall be provided as per the City of Temeculas Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 24, Class IF Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Prior to Issuance of Grading Permit 25. Placementof Transformer. Provide the Planning Division with a copy of the underground water plans and •electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. Archaeological/Cultural Resources Grading Note. The following 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 Director of Community Development 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 Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeolog icallcultural resource, the Director of Community Development 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 Director of Community Development." 28. Cultural Resources Treatment Aireement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Archaeologi_al Monitor_in_gstfc_v_Itaal Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31. Tribal Monitoring of Cuftural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34 MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Han: "No grubbingiclearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or riot, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to issuance of Building Permit 37. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportatio_n_Uniform MitigationFee T111111V1F . The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downspouts. All downspouts shall be internalized. 40. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and ail its resolutions by paying the appropriate City fee. 41. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 42. Construction_Landscpping ondIrrigation _Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Landscaping Site lnspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44_ Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45, Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (Flo) factor of 0.70 for calculating the maximum allowable water budget. 46. Lgndlcapp Maintenance Prgcirarri. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program, 47, Specifications of LandscApg_Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open_ This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted_ This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48. Irgation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 49. I -landscaping_ The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 51. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 52. Landscapjrquirement for _Phased Development_ If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control_ 53. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LED) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQ1v1P" features. 54. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen_ Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Flan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 55. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping the covered mansard roof element or other screening reviewed and approved by the Director of Community Development 56. Landsca e Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests_ The irrigation system shall be properly constructed and in good working order. 57. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 58, installation of Site Im rovements. All site improvements, including but not limited to, parking areas and striping shall be installed. 59. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 60. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 3, 2016, a copy of which is attached. The fee is made payable to the Riverside County Rood Control Water District by either a cashier's check or money order, prior to the issuance of a grading pemnit (unless •deferred to a later date by the District), based upon the prevailing area drainage plan fee. 61. Complia.nce with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health_ 62_ Compliance with EMWD. Eastern Municipal Water attached. 63. Compliance with RCWD.. Rancho California Water attached. PUBLIC WORKS DEPARTMENT The applicant shall comply with the recommendations set forth in the District's transmittal dated February 29, 2016, a copy of which is The applicant shall comply with the recommendations set forth In the District's transmittal dated February 22, 2016, a copy of which is General Requirements 64. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 65. Entitlementljoproval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement_ Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 66. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 67. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall cornply with all conditions and requirements per the City's. Engineering and Construction Manual and as directed by Public Works. 68. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 69. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codesistandards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 70. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shaft continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 71. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 72. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event andfor is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 73. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 74. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 75. Trail aloneValle o Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. 76. Concurrent arphcations. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36662. Prior to Issuance of a Grading Permit 77. Environmental Constraint Sheet (ECa), The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 78. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 79. Grading/Erosion & Sediment -Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: wkivw.TerneculaCA.goviECM 80. ,Erosion 8, Sediment Control Securities, The developer shall comply with the provisions of Chapter 24, Section 18.24_140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 81. NPOES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCI3): b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCI3) requirements and Citys storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board_ Throughout the project duration, the SVVPPP shall be routinely updated and readily available (onsite) to the State and City. Review vvww.cabmphandbooks.com for S'WPPP guidelines. Refer to the following link: hftpliwww.waterboa rds .ca goviwater jssuesiip rog ramsistormwaterico n struct n .s htrn I 82. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works, A copy of the final project -specific WQMP must be kept onsite at all times, In addition, a completed WQMP Operation and Maintenance (amyl) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: witnv.Te meculaCA.goviWQM P 83. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 84, Drainage. AN applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 85. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 3011 RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 86. $oils.Ra iport. A soils report, prepared by a registered soil cr civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections, 87_ aeologoil. The developer shall obtain approval from the County Geologist. 88, Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 89. IrLgress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading p lan 90. jght Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 91. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated Januar), 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound on Gateway Drive - One Ieft-turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 92. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 93. Pubic Utility Agernr Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency_ 94. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 95. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 96. Street Trenching. All street trenches shall conform to City Standard No. 407: refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 97, Fina Mag. Parcel Map No. 36862 shall be approved and recorded. 98. Prior to [ssuance of the first_ Ruildinq Permit. All onsite and ensuing offsite infrastructure improverinent plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 99. Construction of Street f improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Ca!trans' standards to join existing street improvements. a Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B - 134(min) RNV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated Ieft turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100E3 - 134' (min) UN) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 1006 - 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 - 88' RAN) to include dedication of half-width street right-of-way, installation of half-width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified - 66' RAN) to include dedication of half-width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway j Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway © La Paz Street Traffic Signal Modification. The developer shall design and guarantee the sig naI modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz StreetlYnez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Pia ns shalt be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 100. Prior to Issuance of the last Building Permit, in concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street'Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: 1. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith RoadiTemecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 101. Undergrounding Wires. AM existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 102. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting_ All costs associated with the relocation of any existing street lights shall be paid by the developer. 103. Certifications, Certifications are required from the registered civil engineer -of -record certifying the building pad elevation per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad. Prior to Issuance of a Certificate of Occupancy 104. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 105 C o m pl Wiwi_ of I mproyerpertt5. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer_ This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 106. !JiiJ1tyAiency Clearances. The developer shall receive written clearance from applicable utility agencies (Le., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 107. Replacement of Damaged ImforovementsiMonuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the CaNfornia Business and Professional Code Section 8771. 108, Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 109. Final BuiIdinq and Safet Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 110, Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 111. CouRtyof_Rive_rside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 112. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and subrnifting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 113. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 114. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 115. Obtaininarate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 116. Demolition. Demolition permits require separate approvals and permits_ 117. Sewer and Water Plan ApprovEs. On-site sewer and water plans will require separate approvals and permits, 118. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours cf construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 119. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is riot specifically proposed. 120. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Officials approval. At Plan Review Submittal 121. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic} and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 122. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 123. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 124. Plans Require Sta nrip of Reqistered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 125. Pre -Construction Meetin . A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 126. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 W outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart. and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 127. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 128. Fire Flow. The Fire Prevention Bureau is required to seta minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 129. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 130. TwIcL Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 131. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80000 lbs. GVW with a minimum of AC thickness of ,25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 132. Re uired Submittals Fire Under round Water' The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 133. RequiredSubm!ttaIsFire tems . Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 134. ReQujrecl Submittals (Fire Alarm System§1. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 135. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 136. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be instal[ed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 137. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 138. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 139. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 140. Tree Prurling. The applicant shall ensure all trees surrounding ail building rooftops be kept at a distance to deter roof accessibility by 'would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings_ 141. Berm Height. Berms shall not exceed three feet in height. 142. Parking Lot 1-•_ging. All parking tot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations_ 143_ Exterior Door Lifititing. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 144. Exterior Buildigg. Li_gMing. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness_ 145. Outdoor Liqh._ During 1\latrs. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 146. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 147. Graffiti_ Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 148. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 149. Roof Hatches. All roof hatches shall be painted "International Orange." 150. Rooftop Addre_ssifig. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 151. Public Telephones_ Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 152. Crime Prevention Throu h Environmental Desi n. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCR) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflictg. improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users reed to be award of the risk of detection and possible intervention. Windows arid clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 153, Business_Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 154. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 3, 2016 Ladies and Gentlemen: Re: PA 16-0090 1995 MARKET STREET RIVERSIDE, CA 9250E 51.955,120-0 FAX 951.788.9965 www,rcflood.org 202965 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally !imited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considaeci a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage tees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the tiine of issuance of the actual permit. GENERAL INFORMATION This project !my require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has detemiined that thr project has been granted a permit or is shown to be exempt. I f this project jnvol es a FAeral Emergency Management Agency (FEMA) mapped floodplain, the it should require the applicant to provide all stulies, calculations, plans and other information required to meet FEMA requirements, and should further requir the F.pplicIpt obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Sectior 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit front the US ftirn Corps of Engineers, or written correspondence from these agencies indicating the project is exernpt from these requirements, A Clem Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, Engineering Project Manager c: Riverside 7rinty P!ann:nj, Department Attn: K-isti Limiciad) SKM:blrn:rlp Board of Directors President Randy A. Record Vice President David J Siawson Directors Joseph J. Kuebkr. CP.A Philip E. Paule Ronald W Sullivan General Manager Pat i D. Jones 1[, RE Treasurer Joseph J Kuchler, CPA Chairman ofthe Board, The Metropolitan Water District ofSo. Calif Randy A. Record Legal Counsd Lemieux & O'Neill to, /411,ar I C II- 5-4 February 29, 2016 City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Eric Jones SINCE 1950 Subject: LA Fitness Development Plan located at Temecula Gateway Project Site APN: 922-170-013 Location: NW corner of Temecula Parkway and La Paz The subject project requires water and sewer services from BAWD with the potential requirement for on-site and offsite facilities and associated easements to adequately serve the project demands from existing EMWD facilities. The details of said service connection points will be further detailed in a separate document, known as EMWD's Flan of Service (POS), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our New Development Process" web page, under the "Businesses" tab, at vomv.emwd.org. This meeting will offer the following benefits: I. Describe EMWDls development work -flow process 2. Identify project scope and parameters 3. Preliminary, high level review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this prolect, a POS will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The POS process will provide the following: 1. Technical evaluation of the project's preliminary design 2. Defined facility and easement requirements, i.e. approved POS 3. Potential facility oversizing and cost estimate of EMWD's participation 4. Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have que ons or concerns, please do not hesitate to contact me. Sincerely, A -A01-4"1/4 Maroun EI -Ha e, M.S., RE., Senior Civil Engineer Business Phone: 951-928-3777 Extension x4468 e-mail: El-hqg_em@ernwd rag Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road PeiTis, CA 92570 Hemet: www.emwd.org 11811010 wafer Board of Directors William E. Piturerney Pre iictecti Bert R. Drake Senior remdclit Stephen J. Corona Lisa D. Herman John E. Hoagland Danny J. Martin Bill J. Wilson Officer,s Jeffrey D. Armstrong General Manager Richard R. Aragon, CPPO Director of Fi arcaSiflr Jason A. Martin Director of Adnuwstrinuon Rich Ottolini, I riturirn Director of 'Operations & Maintenance Andrew L. Webster, P.E. Chief krigineci Kell' E. Garcia District Secretary James B. Gilpin Rest Beal & Krieger LLP General Counsel c0I ft.S' 22, 2016 Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY LA FITNESS; LOT NOS. 1 AND 2 OF TRACT MAP NO. 3750; APNS 922-170-013 AND 922-170-012; PA 16-0090 [SHERRIE MUNROE] Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue and an existing 20 -inch diameter recycled water pipeline within Temecula Parkway. Please refer to the enclosed exhibit map. Water service to the subject projectiproperty exists (under Account No. 3012052, Location No. 2009373). Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public andfor private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such 'commonfacilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCIND. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), andior the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. Rancho Cniirornin Water District 42135 Winchester Road • Post Office Box 9017 . Temecula. California 92589-9017 . (951) 296-6900 . FAX 1951 .1296-6860 www rancliowatercorn Eric Jones/City of Temecula February 22, 2016 Pa c Two in accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/properly, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Services Representative Enclosure: Exhibit Map cc: Corey Wallace, Engineering Manager -CTP & Development Phillip Dauben, Associate Engineer Corry Smith, Engineering Services Supervisor Sherrie Munroe, MDMG, Inc, 6\EP: hab006V21-50 FEG lj Rancho California Water District 42135 Winchester Road Pt DitIcE Box 9017 Torrietulai Cidifornia 92589-9017 (951) 296-5900 FAX 1951) 296-6860 %rum, rs. rili n PC RESOLUTION DEVELOPMENT PLAN (PLANNING AREA 2) PC RESOLUTION . 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEME UL , RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION TI ENTITLED " RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVINGPLANNING APPLICATION NO. PM 4-2707, A DEVELOPMENT ELOP ECT PL N APPLICATION TO ALLOW o THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET` THE STRUCTURES WILL CONSIST of A GAS STATION, A RETAIL/RESTAURANT STRUCTURE, OFFICE/RETAIL STRUCTURE, AND i I 'E -THF U RESTAURANT STRUCTURE. THE PROJECT IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012p Section 1. Procedural Findings. The Planning Commission i ion of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning ppli :tion Nos. PA14-2708, a Tentative Parcel Map; P 1 -2 07, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning App [ioation No. PA14-2710, a Conditional Use Permit for a dr o-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Appl ication PAI - , a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sire Program. On January 21, 2016, Sherrie Munroe, , on behalf of B&P Oil Services, filed Planning Application P I -coo, Development Pl n. These applications (collectively "Project") were filed in a manner i n accord with the City of Temecula General Plan and Development Code. B. The Project 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 Project and environmental review on October 5, 2016, at a &fly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either to support or in opposition to this matter. D. Ali legal preconditions to the adoption sof this Resolution have occurred. Section 2. Further Findings. The Planning Commission, ion, in recommending approval Development App!ication PA14-2707, hereby finds, determines and declares ZMAGENDA MAN E R\PI ars n i ng Commission Ftems\ O1 \1 O 51 1 atewa 1i i -P Resolution Development PCLn ateway(PA14- 7 7) .doc that: Development Plan application No. PA14-2707 is consistent with the General Nan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare, Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA14-2707: A. Pursuant to CEQA, City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Zone Change Application would be required. B On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Emdronmental Impact Report for the Project. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation ZA1AGENDA MANAGERAPlanning Commission Items\2016\100516\Gateway\l 1 -PC Resolution Development Plan Gateway(PA14- 2707) docx measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the ElR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F Nine written comments were received prior to the public hearing ard a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. On Ocotber 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final ER, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA14-2707, a Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail/restaurant structure, office/retail structure, and drive- thru restaurant structure. The project is generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "3", attached hereto, and incorporated herein by this reference. ZN1AGENDA MANAGER\Planning Commission Items12016\1005161Gateway\1 1 -PC Resolution Development Plan Gateway(PA14- 2707),docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. Ron Guerriero, Chairman ATTEST: Luke Watson 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. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT; PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary ZNIAGENDA MANAGER\Planning Commission Items2016\100516\Gateway\11-PC Resolution Development Plan Gateway0DA14- 2707).docx EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS TOTALING APPROXIMATELY 23,666 SQUARE FEET. THE STRUCTURES WILL CONSIST OF A GAS STATION, A RETAIL STRUCTURE, OFFICE/RETAIL STRUCTURE, AND DRIVE-THRU RESTAURANT STRUCTURE. THE PROJECT 15 GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PAI 4-2707 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. Or July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Developrnent Plan. These applications (cotlectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. Ari Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental •Quality Act Guidelines ("CEQA11. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. Or October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on October 5, 2016, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the EIR. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Appiication Nos. PA14-0167, a Zone Change and Planned Development Overlay; PAI 4-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment. H. On the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. J. Alt legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a development plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet, consisting of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure generally located on the northwest corner of La Paz road and Temecula (PA14-2707), pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the Genera/ Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA14-2707, a Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail structure, office/retail structure, and drive-thru restaurant structure. The project is generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922- 170-013, AND 922-170-012), subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. the City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ATTEST: Randi Joh!, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA Mike S. Naggar, Mayor 1, Randi Joh], City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of _1 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Joh', City Clerk EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2707 Project Description: Temecula Gateway Development Plan: A Development Plan application to allow for the construction of four commercial buildings totaling approximately 23}666 square feet. The structures will consist of a gas station, a retail/restaurant structure, office/retail structure and drive-thru restaurant structure. The project is generally located on the north west corner of La Paz and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) Assessor's Parcel No,: 922-170-015 922-170-013 922-170-014 MSFICP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: NIA Non -Residential Project Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. FrIini Notice of Determination. The applicantideveIoper shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) 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 Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 thecity. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to aftack, 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 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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 Extensipn. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Onizori Nance with El R. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCK # 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6. 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 7. Signage Permits. A separate building permit shall be required for all signage. 8, Lanclaintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrow0g.Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit, 10. Water Quality and Drainacie. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system orfrom leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paiidori. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12_ Photograpflic Prints. The applicant shall submit to the Planning Division for permanent filing two 8' X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. Al labels on the color and materials board and elevations shall be readable on the photographic prints. 13_ Materials and Colors_ 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 City staffs 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. Building A: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Parchment; Trellis, Heavy Timber Wood Trellis with Corten Steel Facia: Verticle Siding, Butted Board 12" BD, color Hemlock Green; Base, Granite, Native Gray Rock Face. Building B: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray; Vertical Board and Bat Siding, 2 1/2 Batt over 12" BD, color Autumn Red; Trellis, Heavy Wood Timber Trellis with Corten Steel Facia; Base, Granite, Native Gray Rock Face; Mechanical Screen, Coten Steel. Building C: Main Walls, Santa Barbara smooth finish stucco, color Desert Beige; Roof, Standing Seam Metal Roof, color Charcoal Gray; Trellis, Heavy Timber Wood with Corten Steel Facia; Trellis Support, Corten Steel pipe; Mechanical Screen, reclaimed barn wood, Base, Granite, Native Gray Rock Face. Building D: Main Wails, Santa Barbara Smooth Finish, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray 8, Parchment; Vertical Siding, Butted Board 12" BD, color, Sable Brown; Stair Screen, Cementitious Board Smooth, color, Sable Brown; Roll -Up Doors, color El Cajon Silver 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project_ 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include ail details of the trash enclosures, including the solid cover. 18. Reciprocal Use ,1..grgnient. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. lf the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development_ 20_ Construction and Demolition Debris. The developer shall contact the City's franchised solid waste ha u[er for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22. Propert Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class Multi -Use Trails, Class 1 multi -use trails shall be provided as per the City of Temeculas Multi -Use Trails and Bikeways Master Plan, The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 24_ Class 11 Bic iiLle Lanes. Class 11 bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development 27. Archaeoiqgical/Cultural Resources Grading Note. The following 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 sha!I 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development." 28. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "if cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Peohanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Archaeological Monitoring. of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31, Tribal Monitorin of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Trtal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Piechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey_ A 30 -clay preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35_ Burrowing Owl Cradim Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist.' 36. Rough Grading_Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 37. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be instalied at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation Unifourniiviiti a ion Fee TUMFt . The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15,08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downs outs. All downspouts shall be internalized. 40. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 41. Photometric Plan, The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 42. Construction Landscaping and Irrioation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the pants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continuer Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45. Water Usage Calculations,. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 46, Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program_ 47. Specifications of Landscape Maintenance Program, Specifications of the landscape maintenance program shall indicate, 'Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open, This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans_ The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48, Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall includebut may not be limited to, private slopes and common areas, 49. Hardsc_qagi . The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 51. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 52. Landscaping Requirement for Phased Development If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 53. WOIVIP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WO M P features. 54. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Pian planting beds and design around utilities. Locate a!! lig ht poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 55. Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection, 56. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 57. Landsca e InstaHation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 58. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant, 59. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 60. Compliance with Condifions_of Avorovat. AU of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 61. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated August 28, 2014, a copy of which is attached. The fee Is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 62. Compliance with Dept, of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated August 14, 2016, a copy of which is attached. 63_ Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 22, 2014, a copy of which is attached. 64. Compliance with RCVVD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 17, 2014, a copy of which is attached. 65, General, The applicant shall comply with the recommendations set forth in the County Geologist transmittal dated April 14, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 66. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 67_ Entitlerrieral. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 68. Precise Grading_ Permit_ A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 69. Haul Route Permit. A haul route permit may be required when soils are moved ori public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manua! and as directed by Public Works. 70. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required: and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 71. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and it codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 72. Right -of -Way Dedications. All easements andfor right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. Ail dedications shall be free from all encumbrances as approved by Public Works. 73, Signing iL% $tripinq Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement pians for approval. 74. Storm Drain Improvement Plans_ The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 75. Private Drainage Facilities_ All onsite drainage and water quality facilities shall be privately maintained. 76. Parkway Landscarin. All parkway landscaping areas shall be privately maintained. 77_ Trai! along Vallejo Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. 78. Concurrent Approvals. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 79_ Environmental Constraint Sheet (ECSJ. The developer shall comply with a H constraints per the recorded ECS with any underlying maps related to the subject property. 80, Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearancesipermits from affected agencies. 81. Gradin /Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TerneculaCA.govIECM 82. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24_140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 83. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WD1D) issued by the State Water Resources Control Board (SWRCB); b. The projects Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review wvvivv.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: httplivinvw.waterbo a rds,cagoviwater_issuesfprograms/stormwatericonstruction .shtml 84, Water Quality Mana ement Plan \A/0MP and O&M A reement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMF Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: mmtw.TemeculaCA.goviWQMP 85. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the fu ADP fee has already been credited to this property, no new charge will be required. 86_ _Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 87, Drainacie Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance. with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. lt shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 88. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 89. Geo!gicaI The developer shall obtain approval from the County Geologist. 90. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 91. 5Hrig_U:_)(stance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 92. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound ori Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 93. Habitat Conservation Fee, The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 94. Public Utiity Aency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 95. Traffic Control Plans.. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TOP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the CalTrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards® 96. Im rovement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by CalTrans and Public Works. 97. Street Trenching. All street trenches shall conform to City Standard No. 4O7 refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 98. FinaiMap. Parcel Map No. 36862 shall be approved and recorded. 99. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 100. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General PlaniCirculation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltransstandards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 10013 — 134' (min) RNV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping including one designated left turn lane with minimum stacking tength of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 1008 — 134' (min) RAN) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway fror-n Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 1008 — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' RAN) to include dedication of half -width street right-of-way, installation of half -width street improvements, curb and gufter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No, 103A Modified — 66' R/W) to include dedication of half -width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway © La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street_ Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. 101. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz StreetiTemecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Ternecula Parkway to provide the following lane geometrics: 1. 3 westbound left -turn lanes; and li. 3 westbound through lanes. c. Jedediah Smith RoadfTemecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 102_ Under roihni\Nires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34.KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 103. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to instailafion of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 104. Certifications, Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 105. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 106. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 107. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 108. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 109. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 110. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal, 111. Compliance with Code. 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, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City o Temecula Municipal Code. 112 Green Meosures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 113. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 114. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 115, Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 116. Clearance from TVLISD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 117. Obtain Approvals POT' to Construction_ Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 118. gbtainin Se arate Approvais.arid Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 119. Demolition. Demolition permits require separate approvals and permits. 120. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 121. Hours of Construction_ Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9_20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays, 122_ Nouse Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 123. Submitthigl Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities_ c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 124. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately fromthe building plans; shall be submitted to Building and Safety for review and approval, 125. Demolition Permits_ A demolition permit shall be obtained if there is an existing structure to be removed as part of the project Prior to Issuance of Building Permit(s) 126. Plans Require StamfBeqlstered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 127. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 128. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6'' x x (2) 2 Y2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 129. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the faciFity or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 130, Fire Dept. Plan Reyiew. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 131. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix 13 and Temecula City Ordinance 15.16,020) Prior to Issuance of Grading Permit(s) 132. Access Road Widths, Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 133. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. The second point of access off of Vallejo Drive will be for emergency access only and will be equipped with a knox rapid entry system. (CFC Chapter 5) 134_ Ali Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of _25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020), 135. Turning Radius. Dead end fire lanes, roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus with an outside turning radius of 45 -feet. (CFC Chapter 5 and City Ordinance 15.16.020), Prior to Issuance of Building Perm it(s) 136. Re uired_Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for aii private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the hydrants supplying the site. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 137. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau_ These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. 138. Re uired Submittals Fire Alarm S stems. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval_ Three sets of alarm plans must be submitted by the installing contractor to the Fire 1-revention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. Prior to Issuance of Certificate of Occupancy 139. Gates and Access All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 140. F-10rant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15_16.020). 141. Knox Box, A "Knox -Box" shall be provided for each building. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 142. ptddressir. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shalt have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 143. Site Plan, The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 144. Landsca e Hei ht. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 145. Tree Pruoing. The applicant shall •ensure all trees surrounding all buiftfing rooftops be kept at a distance to deter roof accessibility by "would-be burglars.' Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 146. Berm Heloht, Berms shall not exceed three feet in height. 147. Parking Lot_Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, &the California Code of Regulations. 148. Exterior DoorLicihting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 149. Exterior Building Lightinch All lighting affixed to the exterior of buildings shall be wail mounted light fixtures to provide sufficient lighting during hours of darkness. 150. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 151. Commercial or institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 152. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 153. ?klp_rm_Si st_Ltem. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specrfio building shall have their own alarm system. This condition is not applicable if the business is opened 2417. 154_ Roof Hatches. All roof hatches shall be painted "International Orange." 155. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street_ 156. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well-rit, highly visible area, and installed with a "car -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 157. ADA ParkinQ. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 158. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations_ Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer_ f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention_ h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 159. Business SecuritySurvey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 160. Questions Re_sardine Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 RIVERSIDE COUNTY FLOOD CON TR AND WATER CONSERVATION DISTRIX 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.718.9965 www,rcflood.org 163553 Attention: Eric Jones Ladies and Gendemen: Re: PA14-9167 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. Tlw District also does not plan check city land use cases, or. provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilitie,. other regional flood control and drainage facilities which could be considered a loidcal component or extension of a master plan system, and District Arca Drainage Plan fees (development mitigation IZes). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: No comment X This project would not be impacted by District I's/faster Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves 1)+,[rict Master Plan facilities. The District will accep[ ownership of such facilities on written request of the City. Facilities must be constructed to District standard,. and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature andior a loical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of such facilities on Written request orThe City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. X This project is located within the limits of the District's Murrieta Creek/Temecula VaIIey Area Drainage Plan for which drainage fees have been adopted; applicable feessThh-7be paid by cas ter's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance oldie actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of wdy of facilities. For furtlief information, contacL the District's encroachment perinit section at 95L955.1266. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) perrnit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project., the City should require the applicant to obtain a Section 1602 Agreement from the Calilornia Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, c: Riverside County Planning Department Attn: Kristi 1..ovelady SKM:blin Engineering Project Manager Date: Auust_28, 2014 COUNTY OF RIVERSIL DEPARTMENT OF ENVIRONMENTINE AIEALTI RECEIVED Steve Van Stockum, Director August 14, 2014 City of Temecula Planning Department Attn: Eric Jones P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: CITY OF TEMECULA — PLANNING APPLICATION (PA) 14-0167 GATEWAY PDO AMENDMENT (APN 922-170-013) Dear Mr. Jones: The project listed in the subject heading of this letter is proposing a Zoning Amendment application to change the zoning of four parcels generally located at the northwest comer of Temecula Parkway and La Paz from Professional Office to Planned Development Overlay District ("PDO -13") for retail, gas station, and hotel uses. in accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the project and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further infommtion indicate the requirements. Should you have any questions regarding this letter, please contact me at (951) 955-8980. ./ Michael Mistica, MBA, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division Land Use and Water Resources Program — Planning Review 3880 North Lemon Street, Suite 200 Riverside, CA 92501 Office Locations . Blythe • Corona Hemet • Indio . Murrieta • Palm Springs Riverside. Phone: (888)722-4134 www.rivcoell,org Board of Directors Pres/dew Phi ip Pa 1 Vice President Rand A R cord Joseph J. Kueb4:r, Davxi J. Skiwson Ronald W. Sullivan General Manager Paul D. Jones 11, P1 Treasurer Joscpti J Kocialcr, CPA Director of The Metropolitan Water District of SO, Calif Randy A. Rccord &lord Secrecy and Assislani to the General Manager Rosemarie V. Howard Legal Counsel Iiuueux & ONel October 22, 2014 EASTERN MUNICIPAL WATER DISTRICT SINCE 1950 CITY OF TEMECULA PLANNING DEPT 41000 MAIN STREET TEMECULA , CA 92590 Dear CITY OF TEMECULA PLANNING DEPT: Re: SAN53 — Will Sem APN 922-170.012 Ulm 015 — GATEWAY TO TEMECULA Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of sentice are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, arid payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. ap(iration - one ear from date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4447. Fred Azimie Civil Engineering Associate!! Eastern Municipal Water District Maiiing Address.. Po[ Office Box 8300 Perris, CA 925 2-8300 Telephone: (95 ). 928-3777 F. (951) 928-6i Location: 2770 Trumble Road Perris. CA 92570 Internet : www.eryiwdorir 4lelt:L41,11 ( 1? !tic 1..171 S. VI. 4' I% .•••...1 • ' I i• Ai5.1 rr-., r J- • t1 C.j :hi'. • October 17, 2014 Eric Jones City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILM LOT NOS. 1, 2, 3, AND 4 OF TRACT MAP NO. 3750; PLANNING APPLICATION NO. 14-0167; APNS 922-170- 012, 922-170-013, 922-170-014, AND 922-1704)15 IPACINC REAL ESTATE LLC & B&P OIL SERVICES! Dear Mr. Jones: Please be advised that he above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts existing 30 -inch and 36 -inch diameter water pipelines (1305 Pressure Zone) within Temecula Parkway, existing 12 - inch and 24 -inch diameter water pipelines (1305 Pressure Zone) within La Paz Street, an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue, and an existing 20 -inch diameter recycled pipeline (1380 Pressure Zone) within Temecula Parkway. Vacant Long -Term water service to the subject project/property exists for Lot N. 1 (under Account No. 0J-08-78600-4), Lot No. 3 (under Account No. 01.- 08-79g00-2), and Lot No. 4 (under Account No. 01-08-79900-2); meter reinstallation fees/deposits may apply. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will he shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such 'common' facilities will he owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent. upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. 11.0710.111t—i -.111forikin Wntior fl1-i ii 11`.. 17in. 'A 1, 0,, 11 1 phh, .01 ,r • fp.- . • 11 •1 IJtLiffik. sikehl.16.111 1 1,11 Eric Jonesinty of Temecula October 17, 2014 ljge Twii In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/o' off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands andfor fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for aJ1 landscape irrigation. Sewer service to the subject project/property, if available, would be provided Municipal Water District, if no sewer service is currently available to project/property, all proposed waste discharge systems must comply with the Resources Control Board andior health department requirements. If you should have any questions or need additional information, please contact an Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Kim Kerckhoff Engineering Services Representative cc: Corey Wallace, Engineering Manager -Design Warren Back. Engineering Manager -Planning Heath McMahon, Construciton Contracts Managur Corry Smith, Engineering Services Supervisor Vicky Philips, cio, MDMG, Inc. 1 AK K ha b0 I 2W4501FEG by Eastern the subject State Water Engineering I I 11".;•.." I ' L11... C11111 • . ..; JJ i IIM v6, IlL 1—i Li Sievert Weiss Planning Director 3,711.1 . Faj,t/ser: R519?6F757 Page: 112 Dale: 4114f2015 2:" •1041 P I b P RIVERSIDE COUNTY PLANNING DEPARTMENT April 14, 2015 City of Temecula Planning Department FAX: (951) 694-6477 Attention: Eric Jones RE: GE002395 Approval Comments Gateway- to. Temecula City of Temecula Case No. lA14-0167 Pages 2 (including this cover) County Geologic Report (GEO) No. 2395, submitted for this Temecula Gateway Development Plan in the City of Temecula WA14-0167) was prepaxed by Geo Environ Geotechnical & Environmental Eng. Consultants, Inc. and is entitled: "PrelimirAary Geotechnical & Geologic Investigation for Foundation. Design Proposed Commercial Development, NW Corner of Temecula Parkway & La Paz Road, Teecula, Riverside County, California", dated October 17, 2014. In addition, Geo Environ Geotechnical & EnvironmeD.tal Eng. Consultants, Inc. submitted the folloviing: "Response to Soil & Geology Report Comment by County of Riverside, NW Comer of Temecula Parkway and La Paz Road, Temecula RSCO, California", dated February 24,2015. These documents are herein incorporated as a part of 0E002395. 0E002395 concluded: L An active fault line has not been identified at the site proper. 2. The potential fortault line rupture is extremely unlikely. 3. The site in general is nit susceptible to liquefaction. 4. Soils on the site have low expansiori potential. 5. - Subsidence due to grading is estimated to be .1 feet. 6. The site is located outside of the flood hazard zone. GE002395 recommended: 1. Prior to general grading operations, the existing structures on the site shall be demolished and the debris hauled off the site. 2. The proposed building areas shall be overexacavated to a depth of 5.0 feet below the proposed finisb.ed grade, or 3 feet below the proposed footing bottoms, whichever is greater and replaced as a certified compacted fill. ert Office 77588 El Duna -Court Riverside Office 4080 Lemon Street, 12thFloor Patm Deert, California 92211 PAD. Box 1409, Riverside, California 92502-1409 (760) 863-8277 Fax (760) 863-75.a- This_fax was received byGgrailxAliF'aker fax server. For rn ore information, visit: httpDAnivw.gfi.com CIIy 1.1.6. 111,1,1,1141, 11-1 F!'itT": 8.519•5F767 Page: 212 t 41;1 442012. vj 0 .1. • GEO No. 2395 satisfies the requirement for a geologic/geotechnical study for Plning/CEQA purposes. GEO No. 2395 is hereby accepted for planning purposes. Engineering and other 'Uniform Building Code parameters were not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permit. Engineering and other building code parameters should be reviewed and additional comments and/or conditions may be imposed by.the City upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call mac at (951) 955-6863 if you have any questions. Sincexely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director IP 4 i D L. 'nes, CG No. 2283 CIY Engineelin Geologist, TIALk-Planning cc: Tenaeculi File: PA14-0167 MDMG, Atin; Laity Markham, Fax: (951)296-3476 0E002395 BAGeolomATeatecula Reviews\GE02395 Approval PA14-0167.d0cx This fax was received by GF! FaxMaker fax server. For more information, visit: http://vvww.gfi.com PC RESOLUTIONSIGN PROGRAM PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0985, A SIGN PROGRAM FOR THE PROPOSED TEMECULA GATEWAY PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby fird, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PAI4- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Pan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Project and environmental review on October 5, 2016, 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. Al! legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Sign Program PA15-0985, hereby finds, determines and declares that: Sign Program application No. PA16-0090 is in consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed signs enhance the development, and are in harmony with, and visually related to: I. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, 7:11AGENDA MANAGER\Planning Commission Itemsk2016\100516\Gateway\1 2 -PC Resolution Sign Program(PA15-0985).docx letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed signs utilize complementaty colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) ail of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify,- and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program only allows deviation from the Development Code with regard to sign size. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Sign Program Application, PA15-0985: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Sign Program Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. Z: V1 AGENDA MANAGERTianning Commission Iterns\2016\1005161GatewayVI 2 -PC Resolution Sign Program(PAI5-0985)docx D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project E. Thereafter, City staff circulated a Notice of Availability indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. The Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Commun4 Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mel'man Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Applicafior No. PAI 5-0985, a Sign Program for the proposed Temecula Gateway Project generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "13", attached hereto, and incorporated herein by this reference. LVIAGENDA MANAGER\Pranning Commission ltems\20161100516\Gateway'd 2 -PC Resolution Sign Prograrn(PA15-0985).clocx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Ron Guerriero, Chairman 1, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary Z:VIAGENDA MANAGERTIanning Commission Items\201611005161Gatewayvl 2 -PC Resolution Sign Program(13A15-0985).docx EXHIBIT CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) (PM 5-0985) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section I. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Panning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PAI4-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Allman Community Library located 41000 County Center Drive; and the City of Temecula website. Z:11 AGENDA MANAGERTlanning Commission Items\2016\100516\Gateway‘12a-City Council Resolution Sign Program(PA15-0985).docx D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental impact Report ("EIR'), 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 of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16 - recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings ard due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving a Sign Program for the proposed Gateway to Temecula project generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA15-0985). G. On , the City Counci, of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16 - adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. 1. AR legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a sign program for the Project generally located on the northwest corner of La Paz Road and Temecula Parkway (PA15-0985), pursuant to Temecula Municipal Code Section 17.28.080, hereby finds, determines and declares that: A. The proposed signs enhance the development, and are in harmony with, and visually related to a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, Z:VI AGENDA MANAGERTIanning Commission Items\2016\100516\Gatewayk12a-City Council Resolution Sign Program(PA15-0985).docx letter style, colors, illumination, sign type or sign shape; b. The buildings arid/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified, and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved sgns. The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape, b) the buildings the signs Identify; and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program amendment on/y allows deviation from the Development Code with regard to sign size. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA15-0985, a Sign Program, aftached as Exhibit A and incorporated herein by this reference, for the proposed Gateway to Temecula Project generally located on the northwest corner of La Paz Road and Temecula Parkway (APNs 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) , subject to the Conditions of Approval set forth ori Exhibit B, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. ZMAGENDA IVIANAGEMPlanning Commission Items\2016\100516\Gateway\12a-City Council Resolution Sign Program(PA15-0985).clocx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA 1, Randi Joh', City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Z:V1AGENDA MANAGERIPlanning Commission Items\2016\100516\Gatewayk12a-City Council Resolution Sign Program(PA15-0985).docx EXHIBIT 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 B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA15-0985 Temecula Gateway - Sign Program: A sign Program for the proposed Temecula Gateway Project generally located on the northwest corner of La Paz and Temecula Parkway 922-170-013 922-170-014 922-170-015 Commercial Retail Commercial Retail Commercial Retail Commercial Within 48 Hours of the Approval 1. Ring_ Rotice_pf DeterminatiQu. 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 Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($31120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070,00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50,00) County administrative fee, to enable the it to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the appilcantideveloper 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 and its aftorneys 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 fudherance 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 2 years of the approval date; othetwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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 flied prior to expiration, and for good cause, grant 5 extensions of time, one year at a time. 5 Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016) 6 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. 7 Signage Permits. A separate building permit shall be required for all signage. 8. Modifications or Revision4. The permit -tee shall obtain City approval for any modifications or revisions to the approval of this project. 9_ Previous Conditions of A royal_ All previous Conditions of Approval from PA14-2707 & PA16-0090 shall remain in full effect unless superseded herein. 10. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 11. Rooftop Signs. Rooftop signs are not permitted. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DRAFT ENVIRONMENTAL IMPACT REPORT(DEIR) WITH APPENDICES (1-lardcopies for PC, and staff) The report is available at the City's website: http://temeculacaugoviDocumentCenterlHomeNiewil 217 FINAL ENVIRONMENTAL IMPACT REPORT Hardco es for PC and staff) The report is available at the i 's website: http:/It m ul a.i I[ uman ent rIH me i wI1824 NOTICE F PUBLIC HEARING Case Nos Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: PA14-0167, PA14-2707, PA14-2708, PA14-2709, PA14-2710, PA14-2858, PA15- 0985, PA16-0090 Tony and Amir Dehbozorgi and Sherrie Munroe A General Plan Amendment application to revise the General Plan designation of four parcels from Professional Office (PO) to Community Commercial (CC): a Zoning Amendment application to change the zoning from Professional Office (PO) to a Planned Development Overlay District ("PD0-14''); a Tentative Parcel Map application to create six parcels from four existing parcels; a Development Plan application for commercial structures totaling approximately 23666 square feet of gas station, retail, office, and restaurant uses; a Minor Conditional Use Permit for a drive-thru; a Minor Conditional Use Permit to allow for a gas station selling alcohol and providing a car wash; a Sign Program; and a Development Plan application for a fitness facility totaling approximately 37,000 square feet. Generally located on the northwest corner of La Paz Road and Temecula Parkway. The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The proposed project will have three significant impacts upon the environment (temporary construction noise, greenhouse gas emissions, and traffic) based upon a completed Environmental Impact Report (ER) and Mitigation Monitoring and Reporting Plan. As a result, a Statement of Overriding Considerations will be required in compliance with CEQA. Staff is recommending that the Planning Commission take action on a recommendation that the City Council adopt the EIR for the project. Eric Jones, (951) 506-5115 City of Temecula, Council Chambers October 5, 2016 6:00 p.m. Project $ite 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 Cityls website www.TemeculaCA.. 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.org — 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 Community Development Department, (951) 694-6400. DRAFT ENVIRONMENTAL IMPACT REPORT The report is on file in the Planning Department and can be viewed on the City's website through the link below: http://TemeculaCA.gov/DocumentCenter/Home/View/1217 CITY OF TEMECULA TEMECULA GATEWAY PROJECT FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGHOUSE No. 2015061086 Lead Agency: CITY OF TEMECULA 41000 MAIN STREET TEMECULA, CA 92590 SEPTEMBER 2016 TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Background and Purpose of the EIR 1.0-1 1.2 Intended Uses of the EIR 1.0-2 1.3 Organization and Scope of the Final EIR 1.0-3 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR 2.1 Introduction 2.0-1 2.2 List of Commenters 2.0-1 2.3 Comments and Responses 2.0-1 3.0 REVISIONS TO THE DRAFT E I R 3.1 Introduction 3.0-1 3.2 Revisions to the Draft EIR 3.0-1 APPENDIX A Restaurant exhaust pollution/odor control systems City of Temecula Temecula Gateway Project Final Environmental Impact Report i TABLE OF CONTENTS This page intentionally left blank. Temecula Gateway Project City of Temecula Final Environmental Impact Report ii 1.0 INTRODUCTION 1.0 INTRODUCTION This Final Environmental Impact Report (FEIR) was prepared in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Section 15132). The City of Temecula (City) is the lead agency for the environmental review of the proposed Temecula Gateway Project. The City has the principal responsibility for approving the project. This FEIR assesses the expected environmental impacts resulting from approval and implementation of the proposed project, as well as responds to comments received on the Draft EIR. 1.1 BACKGROUND AND PURPOSE OF THE EIR OVERVIEW OF CEQA REQUIREMENTS FOR PREPARATION OF AN EIR The City, serving as the lead agency, has prepared this EIR to provide the public and responsible and trustee agencies with information about the potential environmental effects of the proposed project. As set forth in the provisions of CEQA and implementing regulations, public agencies are charged with the duty to consider the environmental impacts of proposed development and to minimize these impacts where feasible while carrying out an obligation to balance a variety of public objectives, including economic, environmental, and social factors. State CEQA Guidelines Section 15121(a) states that an EIR is an informational document for decision -makers and the general public that analyzes the significant environmental effects of a project, identifies possible ways to minimize significant effects, and describes reasonable alternatives to the project that could reduce or avoid its adverse environmental impacts. Public agencies with discretionary authority are required to consider the information in the EIR, along with any other relevant information, in making decisions on the project. CEQA requires the preparation of an EIR prior to approving any project that may have a significant effect on the environment. For the purposes of CEQA, the term "project" refers to the whole of an action which has the potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378[a]). With respect to the proposed project, the City has determined that the proposed Temecula Gateway Project is a "project" within the definition of CEQA. BACKGROUND OF ENVIRONMENTAL REVIEW PROCESS OF THE PROJECT The following is an overview of the environmental review process for the proposed Temecula Gateway Project that has led to the preparation of this FEIR. Notice of Preparation The Notice of Preparation public review period began June 30, 2015, and ended July 29, 2015. A public scoping meeting was held at the Temecula City Hall Conference Center on July 22, 2015, to receive additional comments and input from the public as to the scope and content of the EIR. Eight comment letters were received by the City of Temecula (included in Appendix 1.0 of the Draft EIR). The major topics of the received letters that are relevant to the Draft EIR were potential for increased traffic, concerns about odor and air quality, and potential impacts to cultural resources. City of Temecula Temecula Gateway Project Final Environmental Impact Report 1.0-1 1.0 INTRODUCTION Draft El R The Draft EIR was made available for public and agency review from May 31, 2016, to July 14, 2016. The Draft EIR contains a description of the project, description of the environmental setting, identification of project impacts, and mitigation measures for impacts found to be significant, as well as an analysis of project alternatives. The Draft EIR was provided to interested public agencies and the public and was also made available for review at City Hall, local libraries, and on the City's website. Final EIR The City received nine comment letters from agencies, the public, and interested parties in response to the Draft EIR. These letters and the City's responses to these letters are included in Section 2.0 of this FEIR. This document also contains revisions to the Draft EIR resulting from the comments received (Section 3.0, Revisions to the Draft EIR). These FEIR documents will be made available to the commenting agencies and general public at least 10 days prior to any action taken on the proposed project. Certification of the Final EIR/Project Consideration The City will review and consider the FEIR. If the City finds that the FEIR is "adequate and complete," the City may certify the FEIR. The rule of adequacy generally holds that the EIR can be certified if: (1) it shows a good faith effort at full disclosure of environmental information; and (2) it provides sufficient analysis to allow decisions to be made regarding the project in contemplation of its environmental consequences. Upon review and consideration of the FEIR, the City may take action to adopt, revise, or reject the proposed project. A decision to approve the proposed project would be accompanied by written findings in accordance with State CEQA Guidelines Section 15091 and Section 15093. Public Resources Code Section 21081.6 also requires lead agencies to adopt a mitigation monitoring and reporting program to describe measures that have been adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. 1.2 INTENDED USES OF THE EIR The EIR is intended to evaluate the environmental impacts of the proposed project. This EIR, in accordance with CEQA Guidelines Section 15126, should be used as the primary environmental document to evaluate all planning and permitting actions associated with the proposed project. Please refer to Section 2.0, Project Description, of the Draft EIR for a detailed discussion of the proposed project. CITY OF TEMECULA The EIR is intended to be used by the City as a tool in evaluating the proposed project's environmental impacts and can be further used to modify, approve, or deny approval of the proposed project based on the analysis provided in the EIR. A description of any requested entitlements and subsequent approvals associated with approval and implementation of the proposed project are described in Section 2.0, Project Description, of the Draft EIR. Temecula Gateway Project City of Temecula Final Environmental Impact Report 1.0-2 1.0 INTRODUCTION KNOWN TRUSTEE AND RESPONSIBLE AGENCIES For the purpose of CEQA, the term trustee agency means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. In CEQA, the term responsible agency includes all public agencies other than the lead agency that may have approval authority in some regard associated with the proposed project. Interested agencies may have a general interest in the proposal with respect to issues germane to their organization. The following agencies have been identified as potential responsible, trustee, or interested agencies with a direct or indirect interest in the project: • California Department of Transportation, District 8 • California Department of Fish and Wildlife, Region 6 • Regional Water Quality Control Board, Region 9 • US Army Corps of Engineers • South Coast Air Quality Management District • US Fish and Wildlife Service 1.3 ORGANIZATION AND SCOPE OF THE FINAL El R This document is organized in the following manner: SECTION 1 .0 — INTRODUCTION Section 1.0 provides an overview of the EIR process to date and the contents of the Final EIR. Section 2.0 — COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Section 2.0 provides a list of commenters, copies of written comments (coded for reference), and the responses to those written comments made on the Draft EIR. Section 3.0 — REVISIONS TO THE DRAFT EIR Section 3.0 provides a list of revisions made to the Draft EIR as a result of comments received. City of Temecula Temecula Gateway Project Final Environmental Impact Report 1.0-3 1.0 INTRODUCTION This page is intentionally left blank Temecula Gateway Project City of Temecula Final Environmental Impact Report 1.0-4 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR 2.1 INTRODUCTION This FEIR was prepared in accordance with CEQA (California Public Resources Code Section 21000 et seq.) and State CEQA Guidelines (California Code Regulations Section 15000 et seq.). The City is the lead agency for the environmental review of the proposed project and has the principal responsibility for approving the project. This FEIR assesses the potential environmental impacts resulting from the approval and implementation of the proposed project and responds to comments received on the Draft EIR (referred to as Draft EIR or DEIR). 2.2 LIST OF COMMENTERS The following agencies and individuals submitted written comments on the Draft EIR. The comment period for the Draft EIR began May 31, 2016, and ended July 14, 2016. Confirmation of lead agency compliance with CEQA for public review of the Draft EIR was received by the Governor's Office of Planning and Research on July 15, 2016. Letter Agency Date Received A South Coast Air Quality Management District July 8, 2016 B Eastern Municipal Water District July 8, 2016 C Governor's Office of Planning and Research July 15, 2015 1 Don Griffin, Resident June 5, 2016 2 Rincon Band of Luiseno Indians June 7, 2016 3 Don Griffin, Resident June 27, 2016 4 SoCal Environmental Justice Alliance July 11, 2016 5 Don Griffin, Resident July 11, 2016 6 Pechanga Cultural Resources July 14, 2016 2.3 COMMENTS AND RESPONSES REQUIREMENTS FOR RESPONDING TO COMMENTS ON A DRAFT EIR State CEQA Guidelines Section 15088 requires that lead agencies evaluate all timely received comments on environmental issues on the Draft EIR and prepare a written response. The written response must address the significant environmental issue raised and must be detailed, especially when specific comments or suggestions (e.g., additional mitigation measures) are not accepted. In addition, there must be a good faith and reasoned analysis in the written response. However, lead agencies need only respond to significant environmental issues associated with the project and do not need to provide all the information requested by commenters, as long as a good faith effort at full disclosure is made in the EIR (State CEQA Guidelines Section 15204). State CEQA Guidelines Section 15204 recommends that commenters provide detailed comments that focus on the sufficiency of the Draft EIR in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. This section also notes that commenters should provide an explanation and evidence supporting their comments. Pursuant to State CEQA Guidelines Section 15064, an effect shall not be considered significant in the absence of substantial evidence supporting such a conclusion. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-1 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR State CEQA Guidelines Section 15088 recommends that where a response to comments results in revisions to the Draft EIR, that those revisions be incorporated as a revision to the Draft EIR or as a separate section of the FEIR (see Section 3.0 Revisions to the Draft EIR). RESPONSES TO COMMENT LETTERS Written comments on the Draft EIR are reproduced on the following pages, along with responses to those comments. To assist in referencing comments and responses, the following coding system is used: • Agency and service provider comment letters are coded by letters and each issue raised in the comment letter is assigned a number (e.g., Comment Letter A, comment 1 is referred to as A-1). • Individual and interest group comment letters are coded by numbers and each issue raised in the comment letter is assigned a number (e.g., Comment Letter 1, comment 1 is referred to as 1-1) . Where changes to the Draft EIR text result from responding to comments, those changes are included in the response and demarcated with revision marks (underline for new text, strike -out for deleted text) . Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-2 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR South Coast AQMD Letter A South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 + www.aqmd.gov SENT VIA E-MAIL AND USPS: July 8.2016 eric.jones@cityoftemecula.org Mr. Eric Jones. Associate Planner City of Temecula — Community Development Department 41000 Main St. Temecula, CA 92590 Draft Environmental Impact Report for the Proposed Temecula Gateway Project The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to comment on the above-mentioned document. The following comments are intended to provide guidance to the lead agency and should be incorporated into the Final Environmental Impact Report (EIR) as appropriate. The Lead Agency proposes to develop a commercial shopping center and gasoline service station. Since the proposed project includes a gasoline service station, a permit from SCAQMD would be required and the SCAQMD should be identified as a responsible agency under CEQA for this project. The Final EIR should also demonstrate compliance with SCAQMD Rules, including but not limited to, Rule 201 — Permit to Construct. Rule 203 — Permit to Operate, and Rule 461 — Gasoline Transfer and Dispensing. If there are permitting questions concerning the gasoline service station, they can be directed to Engineering and Permitting Stall at (909) 396-2551. The Lead Agency determined that the project's regional operational air quality impacts would he less than significant. However, the air quality analysis did not include emissions generated from the operation of the gasoline service station equipment. It is important to note that while the Ca1EEMod model quantifies mobile source emissions (e.g., trip visits by patrons) associated with operating a gasoline service station, the model does not quantify the operational stationary source emissions from the storage tanks and fueling equipment. Thus, the SCAQMD staff recommends quantifying operational stationary source emissions and incorporating those emissions into the analysis. Should the Lead Agency determine after revising the air quality analysis that project operational air quality impacts will exceed the SCAQMD recommended regional daily significance thresholds, the SCAQMD staff recommends the incorporation of mitigation measures into the project description and air quality analysis in the Final EIR to reduce those impacts below significant levels in accordance with the requirements CEQA Guidelines §15126.4. A-1 A-2 City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-3 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Eric Jones Letter A continued July 8, 2016 The SCAQMD staff is available to work with the Lead Agency to address these concerns and any other air quality questions that may arise. Please contact Jack ChengAir Quality Specialist at (909) 396-2448, if you have any questions regarding these comments. We look forward to reviewing and providing comments for the Final EIR associated with this project. Sincerely, Vevidevm Reldiet Barbara Radlein Program Supervisor, CEQA Special Projects Planning, Rule Development & Area Sources BRJC RVC160602-09 Control Number A-3 Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-4 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER A BARBARA RADLEIN, SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Response A-1: Response A-2: The identification of the South Coast Air Quality Management District (SCAQMD) as a Responsible Agency under CEQA for this project has been added to p. 1.0-1, as shown in Section 3.0 of this Final EIR. The SCAQMD was included as a Responsible Agency on page 2.0-30 of the Draft EIR. Additionally, the descriptions of Rule 201 - Permit to Construct and Rule 203 - Permit to Operate have been added to the list of noteworthy SCAQMD rules listed on pages 3.2-9 and 3.2-10 of the Draft EIR that are applicable to the proposed project, as shown in Section 3.0 of this Final EIR. As stated on page 3.2-23 of the Draft EIR, stationary sources having the potential to emit toxic air contaminants (TACs), including gas stations, are required to obtain permits from the SCAQMD. Permits may be granted to these operations provided they are operated in accordance with applicable SCAQMD rules and regulations. The SCAQMD's permitting procedures require substantial control of emissions, and permits are not issued unless TAC risk screening or TAC risk assessment can show that risks are not significant. The SCAQMD may impose limits on annual throughput to ensure risks are within acceptable limits. (In addition, California has statewide limits on the benzene content in gasoline, which greatly reduces the toxic potential of gasoline emissions.) It is noted that CaIEEMod does not quantify operational stationary source emissions from gasoline storage tanks and fueling equipment. Such facilities are a source of gasoline vapors that would include TACs such as benzene, methyl tertiary -butyl ether, toluene, and xylene. Benzene is the primary TAC associated with gas stations due to its health risk potential. It is important to note that TACs are not criteria air pollutants and thus are regulated differently. For instance, the generation of TAC emissions are not compared to regional operational significance thresholds for criteria air pollutants. TACs are considered either carcinogenic or noncarcinogenic based on the nature of the health effects associated with exposure to the pollutant. For regulatory purposes, carcinogenic TACs are assumed to have no safe threshold below which health impacts would not occur, and cancer risk is expressed as excess cancer cases per one million exposed individuals. Noncarcinogenic TACs differ in that there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occur. As stated on page 3.2-24 of the Draft EIR, the SCAQMD has developed screening health risk tables for a typical retail gasoline service station. The screening tables assume Phase I and Phase II vapor recovery systems, as required of the proposed project, and calculate for cancer risk accounting for the meteorological conditions of different locations throughout the South Coast Air Basin (SoCAB). As shown in Table 3.2-12 of the Draft EIR, the health risk associated with the proposed gas station is below SCAQMD screening thresholds. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-5 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR In addition, as stated on page 3.2-6 of the Draft EIR, the location/distance of a source of air toxics in relation to sensitive receptors is a major factor in determining whether it will result in localized air quality impacts. According to the California Air Resources Board (CARB), the potential for adverse air quality impacts increases as the distance between the source of emissions and members of the public decreases. CARB published an informational guide entitled Air Quality and Land Use Handbook: A Community Health Perspective. The purpose of this guide is to provide information to aid local jurisdictions in addressing issues and concerns related to the placement of sensitive land uses near major sources of air pollution. The handbook includes recommended separation distances for various land uses. These are summarized in Table 3.2-4 of the Draft EIR, which shows that CARB recommends avoiding the operation of a new large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater) within 300 feet of any sensitive land uses. A 50 - foot separation is recommended for typical gas -dispensing facilities. As shown in Table 3.2-12 on page 3.2-25 of the Draft EIR, the nearest sensitive receptor to the proposed gasoline -dispensing facility is 302 feet distant. Since a comparison of the proposed gas station to the SCAQMD screening health risk tables (Table 3.2-12 of the Draft EIR) shows that the associated health risk is below the health risk screening threshold, coupled with the fact that the proposed gasoline -dispensing facility would be located beyond the CARB-recommended buffer between an operating large gas station and sensitive receptor, the project will result in a less than significant impact regarding air toxics generated by gasoline dispensing on the project site. Response A-3: This comment contains concluding remarks. No further response is necessary. Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-6 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT El Letter B July 8, 2016 Mr. Eric Jones City of Temecula 41000 Main Street Temecula, CA 92590 Subject: NOA DEIR Temecula Gateway Project Dear Mr. Jones: d EASTERN MUNICIPAL e m w WATER DISTRICT For the subject project, Eastern Municipal Water District (EMWD) has provided a prior completed Plan of Service (P05) our Project Na 2015-120 for Water and Sewer services to the City of Temecula. Please note that within the DEIR for Temecula Gateway, the sentence noted on page 3.12-25, paragraph 1, sentence 1, is incorrect in stating "the project will connect to EMWD for recycled water". The project shall connect to Rancho California Water District's (RCWD) recycled water system. B-1 B-2 RCWD purchased recycled water from EMWD, per the December 2013 Agreement and the B-3 March 2009 Three Party Agreement between the District, EMWD and the Elsinore Valley Municipal Water District (EVMWD). If you have questions or concerns, please do not hesitate to contact me at (951) 928-3777, extension 4468 or by e-mail at El-hagem@emwd.org. Sincrely, 45,A Maroun El -Hae, M.S., P.E. Senior Civil Engineer New Business Department Eastern Municipal Water District MEH:emn Attachment 2270 Trumble Road • PO. Box 8300 • Perris, CA 92572-8300 T 951.928.3777 • F 951.928,6177 emwd.org City of Temecula 2.0-7 Temecula Gateway Project Final Environmental Impact Report 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER B MAROUN EL-HAGE, EASTERN MUNICIPAL WATER DISTRICT Response B-1: Comment noted. The commenter does not provide a discussion on environmental issues that requires further response to this comment. Response B-2: Response B-3: The identification of the Eastern Municipal Water District (EMWD) as the recycled water source in this sentence has been corrected as shown in Section 3.0 of this Final EIR. The error in the identification of the EMWD as the recycled water source in this sentence does not change the impact analysis regarding recycled water in the Draft EIR as all analysis was based on the recycled water being provided by the Rancho California Water District (RCWD). The Draft EIR does identify and provide analysis for the RCWD as the source for recycled water in Section 3.12.4 of the Draft EIR. Comment noted. The commenter does not provide a discussion on environmental issues that requires further response to this comment. The Draft EIR identifies that the RCWD purchases recycled water from EMWD per the December 2013 Agreement and the March 2009 Three Party Agreement on page 3.12-14. Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-8 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Edmund a Brown Jr. Governor Letter C STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit July 15, 2016 Eric Jones City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Temecula Gateway Project SCH#: 2015061086 Dear Eric Jones: S- riAF,* -2.1111160011W, '14 Ot rtAtAt" Ken Alm( Director The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. The review period closed on July 14, 2016, and no state agencies submitted =MOMS by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft enviromnental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process, if you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, _ ) Scott Morgan Director, State Clearinghouse 1400 TENTI] STREIIT P.O. BOX 3044 SACRAMENTO, CALIFORNIA 93812-3044 TEL (916) 441-0613 FAX (916) 323-3018 WWW.Opr.ca.gov C-1 City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-9 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Document Details Report State Clearinghouse Data Base SCH# 2015061086 Project Title Temecula Gateway Project Lead Agency Temecula, City of Type EIR DraftEIR Description General Plan Amendment and Planned Development Overlay/Zone Change to Community Commercial and PDO -14; a Development Plan for six commercial buildings (approx. 65,320 sf), including: a gas station with car wash and convenience store (approx. 7,257 sf); a retail/restaurant building (approx. 6,310 sf); a coffee shop with drive thru (approx 1,931 sf); a retailirestaurantioffice building (approx. 7,822 sf); a health and exercise club (approx. 37,000 sf) and a stand-alone restaurant (approx. 8,000 sf); a Tentative Parcel Map to create six lots from four lots; a CUP for a gas station with attached full-service car wash and convenience store that will serve alcohol; a CUP to allow for a drive-thru coffee/eating establishment. Lead Agency Contact Eric Jones City of Temecula 951 506 5115 Name Agency Phone email Address 41000 Main Street City Temecula Fax State CA Zip 92590 Project Location County Riverside City Temecula Region L.at/L.ong 33 284567' N 117' 611.071' W Cross Streets La Paz Road and Temecula Parkway Parc& No. 922-170-012, 013, 014, 015 Township 85 Range 2,3W Section 1 Base 56 Proximity to: Highways 1-15; SR 79 Airports Railways Waterways Schools Yes Land Use Vacant land / Professional Office zoning / Professional Office GPLUD Project issues Agricultural Land; Air Quality; Archaeologic -Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Septic System; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Water Quality; Water Supply; Wetland/Riparian; Growth Inducing; Landuse; Cumulative Effects; Aesthetic/Visual Reviewing Agencies Resources Agency; Department of Fish and Wildlife, Region 6; Department pf Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 8; State Water Resources Control Board, Division of Drinking Water, District 14; Regional Water Quality Control Board, Region 9; Native American Heritage Commission Date Received 05/31/2016 Start of Review 05/31/2016 End of Review 07/14/2016 Temecula Gateway Project Final Environmental Impact Report 2.0-10 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER C SCOTT MORGAN, GOVERNOR'S OFFICE OF PLANNING AND RESEARCH Response C-1: The comment letter confirms the City has complied with the State Clearinghouse public review requirements pursuant to CEQA and states no state agencies have provided comments. The City acknowledges the confirmation and no other response is required. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-11 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Letter 1 June 5, 2016 Eric Jones 41000 Main St. Temecula, CA 92590 Hello Mr. Jones, This EIR document is huge! Bet the paper stack is 4-5 inches high. Anyway, I have some questions for you. see a lot about La Paz Street (3.13.8A, 3.13.1A, 3.13.1). I understand that not everything in the EIR (so far) is relevant, such as Global Warning effects of the Project, but you know my concern is about my largest investment, the promises the developer made to us and the "fate" of my neighbors. I read 4 lanes, street parking for La Paz and Vallejo, and other unclear "stuff". Please help me 1-2 out in this area. 1-T Also, I need to read and understand more of the document, but it seems our desire/the developer's promise of no drive-through with speakers (maybe you can give the hours of operation) is long gone. Still looking for the odor and wind "blockage" from the beautiful tall building directly south of 1.3 4 our property. 1- Thanks so much for your time and cooperation! Don Griffin 44405 La Paz street Temecula, CA 92592 Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-12 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER 1 DON GRIFFIN, RESIDENT Response 1-1: The commenter does not provide a discussion on environmental issues that requires further response to this comment. Response 1-2: Response 1-3: Response 1-4: The project does not propose four travel lanes for La Paz Road or Vallejo Avenue. However, the project is required to pay its fair share for improvements to the La Paz Road /Temecula Parkway intersection. These improvements include dual left turn lanes, one through lane, and one right turn lane. These improvements are a result of cumulative traffic increases in the area and not a result of the proposed project alone. The project does not propose on -street parking for La Paz Road or Vallejo Avenue. As shown in Table 2.0-2 of the Draft EIR, the proposed project meets and exceeds the number of off-street parking spaces required by the City's parking standards. The commenter does not comment on the adequacy of Draft EIR analysis with this comment. The commenter is referred to pages 3.10-25 through 3.10-26 of the Draft EIR for a discussion of the potential for noise impacts related to the drive-through speaker. As discussed on this page, noise levels from the speaker board and drive-through vehicles are anticipated to be approximately 49 dBA, which would be below the City's 65 dB Ldn/CNEL threshold. The commenter does not comment on the adequacy of Draft EIR analysis with this comment. The Draft EIR discusses odors throughout Section 3.2. For odors specific to the proposed project, the Draft EIR discusses the potential of objectionable odors from the coffee shop, fast-food and sit-down restaurants in Impact 3.2.7. As stated, the proposed project restaurant uses would be equipped with kitchen exhaust systems and pollution/odor control systems. Pollution/odor control systems typically include smoke control, odor control, and exhaust fan sections. Such equipment would ensure that pollutants associated with smoke and exhaust from cooking surfaces would be captured and filtered, allowing only filtered air to be released into the atmosphere. For further information on the type of odor neutralizer that is proposed to be used on the restaurants, the commenter is referred to Appendix A of this Final EIR. Regarding the wind blockage comment, it is assumed from the commenter's description that he is referring to Building D. The commenter does not provide any information on the effect of the building to blocking wind. As shown on the site plan, this building is located in the southwestern portion of the project site, as far away from all residential uses on Vallejo Avenue as physically possible or approximately 225 feet from the nearest residential unit. There is no information provided in the comment or the administrative record of the proposed project to suggest that it is reasonably foreseeable that the development could substantially change wind patterns and result in a significant environmental impact. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-13 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 2 RINCON BAND OF LUISESTO INDIANS Cultural Resources Department 1 W. Tribal Road Valley Center. Caiifornia 92082 (760) 297-2635 Fax:(760) 749-2639 June 7, 2016 Eric Jones City of Temecula Community Development Department 41000 Main Street Temecula, CA 92592 Re: Temecula Gateway Project Dear Mr. Jones: This letter is written on behalf of Rincon Band of Luisefio Indians. We have received your notification regarding the Temecula Gateway Project and we thank you for the consultation notification. The location you have identified is within the Territory of the Luisefio people. Ernbedded in the Luisefio Territory are Rincon's history, culture and identity. The project is within the Luise() Aboriginal Territory of the Luisefio people however, it is not within Rincon's Historic Boundaries. We do not have any additional information regarding this project but, we defer this project to the Pechanga Band of Luisefio Indians or Soboba Band of Luisefio Indians who are located closer to your project area. Thank you for the opportunity to protect and preserve our cultural assets. Vincent Whipple Manager Rincon Cultural Resources Department Bo Mazzetti Tribal Chairman Stephanie Spencer Vice Chairwoman Steve Stallings Council Member Laurie E. Gonzalez Council Member Alfonso Kolb Council Member 2-1 2-2 Temecula Gateway Project Final Environmental Impact Report 2.0-14 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER 2 VINCENT WH I PPLE, RINCON BAND OF LU ISE NO INDIANS Response 2-1: Response 2-2: The City acknowledges that the site is within the territory of the Luiseno people. The commenter does not present comments on environmental issues that require further response to this comment. The City appreciates the information provided by the commenter identifying the Luiseno Aboriginal Territory and the Pechanga Band of Luiseno Indians and the Soboba Band of Luiseno Indians as tribes that may be associated with this area. The commenter does not present comments on environmental issues that require further response to this comment. Both the Pechanga Band of Luiseno Indians and the Soboba Band of Luiseno Indians were sent the Notice of Availability for the Draft EIR. Proposed revisions and mitigation measures provided by the Pechanga Band of Luiseno Indians, in their comment letter (Letter 6), have been incorporated into the Final EIR. No comments on the Draft EIR were received from the Soboba Band of Luiseno Indians. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-15 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT El Letter 3 June 27, 2016 Eric Jones, Associate Planner City of Temecula 41000 Main Street Temecula, CA 92590 Hello Eric, am attempting to "wade" through the DEIR, so 1 have more concerns to relay to you. The biggest concerns I have regarding this project are: 1. Odor from restaurants or businesses and 2. The effect/reduction of the "Temecula afternoon breeze from the 2 story buildings, the surrounding wall, and etc.", and, 3. Traffic and the effect of new lanes and etc. First, what exactly is the "common loading zone", located in the Northeast corner of the project? I believe that might be the polite name for a dumpster?! Can that be re -located and mitigated as I requested in an earlier letter? Second, the DIER Impact 3.2.7, pg. E-7, states no mitigation for odor is required and yet nothing has been measured? Also, 3.2 calls odors, "an annoyance". I contend that living downwind and smelting an unacceptable odor on one's own property for life, is more than an annoyance! 3-1 3-2 3-3 On parcel 6, building D, is fast food restaurant. Where is the mitigation for this operation? Also, we (the 3-4 neighbors), requested no "sound ordering boxes", but I see them authorized in the DEIR. How do we get these items addressed/fixed?? I would like to invoke Rule 402 and insist that odors be 3-5 measured and reviewed on a fixed or as needed schedule. The DEIR states on page 3.1-6 that the city considers the "health, safety and welfare of the city's 3-6 residents", I'm not feeling it. Thank you. Don Gri 44405 L ax Temecula, CA Temecula Gateway Project Final Environmental Impact Report 2.0-16 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER 3 DON GRIFFIN, RESIDENT Response 3-1: The commenter provides an introductory statement regarding his concerns. No further response is necessary. Response 3-2: Response 3-3: Response 3-4: Response 3-5: "Common loading zone" refers to the area where supplies for the various project uses will be unloaded. As shown on Figure 2.0-6, this area also includes a trash enclosure. The location of the common loading zone is not associated with any significant environmental impacts in the EIR, so mitigation in the form of site redesign/relocation is not required within the context of CEQA. The Draft EIR discusses odors in Section 3.2. For odors specific to the proposed project, the Draft EIR discusses the potential of objectionable odors from the coffee shop, fast-food and sit-down restaurants, in Impact 3.2.7 (p. 3.2-27) . As stated, the proposed project restaurant uses would be equipped with kitchen exhaust systems and pollution/odor control systems. Pollution/odor control systems typically include smoke control, odor control, and exhaust fan sections. Such equipment would ensure that pollutants associated with smoke and exhaust from cooking surfaces would be captured and filtered, allowing only filtered air to be released into the atmosphere. For further information on the type of odor neutralizer that is proposed to be used on the restaurants, the commenter is referred to Appendix A of this Final EIR. The commenter does not identify specific impacts or requested mitigation measures related to Building D, but based on previous comments, the City assumes the primary concerns are that of odor and noise. With regard to restaurant odors, the commenter is referred to Response 3-2 above. For drive-through speaker noise, as the fast-food restaurant in Building D does not have a drive-through, outside ordering boxes will not be required. For those uses which will have a drive-through (Building C), the commenter is referred to page 3.10-25 of the Draft EIR for a discussion of the potential for noise impacts related to the drive-through speaker. As discussed, noise levels from the speaker board and drive-through vehicles are anticipated to be approximately 49 dBA, which would be below the City's 65 dB Ldn/CNEL threshold. As no significant impacts have been identified in the EIR with respect to odors or drive-through noise, no mitigation is required. The evaluation of these specific issues take into account the location, design, existing conditions, and features such as the odor reduction technologies included in Appendix A. The Draft EIR identifies Rule 402 and acknowledges that the proposed project would be required to comply with this rule as would all existing and proposed restaurants within SCAQMD boundaries. Based on the information and analysis provided in Section 3.2 of the Draft EIR, potential odors associated with future restaurant uses on site would not constitute significant impacts under CEQA. The commenter has not provided any evidence, nor is there any evidence in the record of the project, to suggest City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-17 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR that the types of uses proposed will result in reasonably foreseeable significant odor impacts. In the event that a unique or unusual circumstance arises during operation of a restaurant that results in a public nuisance, the SCAQMD has authority pursuant to Rule 402 to act upon that restaurant to remedy the nuisance. Response 3-6: This comment appears to be a comment on the project itself and not on the adequacy of the Draft EIR. No further response is required. Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-18 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 4 SoCifilpvironmentat Justice Alliance Green Jobs & Clean Communities July 11th, 2016 VIA US MATT. AND EMAIL City Planning Commission & City Council City of Temecula 41000 Main Street Temecula, CA 92590 Eric Jones, Associate Planner eric:oecula.or° SUBJECT: COMMENTS ON TEMECULA GATEWAY PROJECT To whom it may concern: Thank you for the opportunity to comment on the Draft Environmental Impact Report (DEIR) for the proposed Temecula Gateway Project. Please accept and consider these comments on behalf of SoCal Environmental Justice Alliance. Air Quality Impacts The DEIR use of SCAQIVID LST modeling for a 3.5 acre site is not appropriate as the proposed project site is 8.79 acres. As stated by SCAQMD, "The LST mass rate look -up tables only apply to projects that are less than or equal to five acres.. _In the event that the project area exceeds five acres, it is recommended that lead agencies perform project -specific air quality modeling for these larger projects." (htt.://www.a md.orovice a/handbook/Ist/Ist.html). The proposal that 3.5 acres may be disturbed a day is immaterial. Project specific modeling must be prepared for this potential impact, particularly where residential uses are located in close proximity to the Project site. Further, the project propose 29,634 square feet of retail/eating and drinking establishments/and offices. During the operational phase, it can be anticipated that retail/eating and drinking establishments/offices will have deliveries/shipments on a regular basis that can involve stationary or mobile sources of pollutants idling or queuing for long periods of time_ The DEIR states that the proposed project does not propose any uses that will require stationary or mobile 4-1 4-2 City of Temecula 2.0-19 Temecula Gateway Project Final Environmental Impact Report 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 4 Continued sources of pollutants that idle or queue for long periods of time but does not provide evidence to support this statement, The DEIR states that "construction projects contained in a site of less than 5 acres are generally considered to represent less than significant health risk impacts" with regards to air quality. The DEIR does not state a source for this reasoning or a legal requirement or exemption for project site size. Further, the proposed project site is 8.79 acres, which is larger than 5 acres. The proposed project does not offer analysis or mitigation measures to determine if construction could result in increased exposure of existing or planned sensitive land uses to construction - source toxic air contaminant (TAC) emissions. The project site is not subject to any 5 -acres or less rule and analysis/mitigation for potential TAC emissions must be conducted. Noise Impacts The DEIR states that "Per the Municipal Code, construction activities would be limited to between the hours of 6:30 p.m. and 7:00 a.m. Monday through Friday, and between 7.00 a.m. and 6:30 p.m, on Saturday'. However, Temecula Municipal Code Section 9.20.060 (D) states that "No person shall engage in or conduct construction activity. , _between the hours of six -thirty p.m. and seven a.m., Monday through Friday and shall only engage in or conduct construction activity between the hours of seven a.m. and six -thirty p.rn. on Saturday". The DEIR indicates that proposed construction activities will occur between the hours of 6:30 p.m. and 7:00 a.m. Monday through Friday. The proposed hours of construction for the Project are the hours of prohibited construction per the Temecula Municipal Code. This is inconsistent with the Temecula Municipal Code permitted hours of construction and mitigation is not offered. Further, if the DEIR is amended to demonstrate compliance with the legal hours of construction, this would only offer mitigation for nighttime noise impacts. Daytime noise levels will still exceed the maximum allowable dBA. The DEIR indicates that noise related to construction will be "absorbed- by ambient traffic noise on Temecula Parkway. However, there is no source or evidence provided for the "absorption" of construction related noise by ambient traffic noise. The construction related noise must be evaluated as its own possible source of impact without the immaterial possibility of -absorption" by ambient traffic noise. The daytime noise levels will exceed the prescribed maximum dBA levels (See, Berkeley Keep Jets Over the Bay COMM. V. Rd. Of Port Com 'rs (2001) 91 Cal.App.4th 1344, 1380 [compliance with noise standard not determinative in setting threshold of significance], Oro Fino Mining Corp. it County of El Dorado (1990) 225 Cal.App.3d 872, 881-882.) This impact is thus not mitigated below a level of significance and remains potentially significant. The DEJR finds a Permanent Increase in Ambient Noise Levels (Standard of Significance 3) with operation of the project to be less than significant. The DEIR analyzes operational noise levels from increased local traffic volumes solely based on noise activity from employees and patrons at the site. This analysis does not include noise generation related to typical business activity including but not limited to: truck deliveries, truck shipments, or overnight activities (inventory). 4-2 cont. 4-3 4-4 4-5 4-6 4-7 Temecula Gateway Project Final Environmental Impact Report 2.0-20 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 4 Continued The DEIR provides no analysis or mitigation measures for increased traffic volume noise related to typical business activity. Additionally, the Temecula Municipal Code Section 9.20.040 provides land use/noise standards for residential and public/institutional properties receiving noise (see Table N-1 below). TMC 9.20.040 states that No person shall create any sound, or allow the creation of any sound, on anv property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Tables N-1", thus interpreted as noise from construction at the proposed project site may not exceed the maximum noise levels listed at any of the properties in the project vicinity. Maximum noise levels are described for interior and exterior dBA. However, the DETR fails to analyze interior noise levels at any of the sensitive receptor sites. The interior noise standard for residential properties is 45 dBA This impact is significant and remains unmitigated, Table N-1 TENIECTLA LAND USE1NOISE STANDARDS -11!,pc of Use Residential Propert:6 Receiving Noise Land Use Desi,guatiou MaAimum Noise Level (dBA) Interior Hillside Rural Ve7y Low Low Low Medium 4'5 Exterior 65 Medium 45 IIigh Commercial and Office Licht Industrial Neighborhood Community Ilighway Tourist Service Professional Office 70' 7 Industrial Park 55 public -Institutional Schools 50 65 Ali others 50 70 Open Space ",..1:1:2-ardstAcriculture 70 Open Space 7065 Maximum exterior noise levels up to 70 MA are allowed for multiple -family he,,,Ingr Where quiet is a basis required for the land use. The following additional mitigation should be incorporated to reduce operational noise impacts from the Project. 4-7 cont. 4-8 4-9 City of Temecula 2 . 0-21 Temecula Gateway Project Final Environmental Impact Report 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 4 Continued 1, Provide upgraded windows with a minimum Sound Transmission Class (STC) rating of 34 for all buildings, and/or require the installation of dual -paned windows for residences (multi -family and single-family) impacted by the Project_ 2. Require the use of rubberized asphalt for construction of all roadways and parking areas. 3. Keep new driveways away from noise sensitive receptors to the extent possible_ 4. Require resurfacing of roads adjacent to the Project or to be used by the Project. 5. Maintain quality pavement conditions that are free of bumps, pot holes, pavement cracks, differential settlement in bridge approaches or individual pavement slabs, etc. Utilities and Service Systems The findings that the Project would not result in significant impacts to utilities and service systems is conclusory and unsupported by evidence included with the DEER. For example, a review of the proposed project by the RCWD is cited as the reasoning for a less than significant impact to public water lines, however there is no evidence or report of the RCWD review of the proposed project to determine there are existing water lines. Also, the DEIR inaccurately states that "the proposed project is consistent with the current land use of the project site anticipating the increased waste generation" when the proposed project requires a General Plan Amendment to change the current zoning designation of the project site from Professional Office to Community Commercial. There is no evidence or reasoning to demonstrate that the levels of waste generated by Professional Office are similar or consistent with levels of waste generated by Community Commercial properties/projects. The DEIR inaccurately cites the consistency of the current land use of the project site with as the reasoning for the impact to be less than significant. Further. the DEIR analyzes waste generation based on employees only. This could possibly be an adequate analysis for a Professional Office zoning designation. However, the project requires a zone change to Community Commercial in which it can be assumed that waste is generated by not only employees but also patrons, deliveries, etc. There is also no evidence Ranch California Water District has determined there will be adequate water to serve the Project_ No water supply assessme-nt was prepared for this Project, and the DEIR fails to cite the standard used to determine the project's water demand. There is no evidence the project will not significantly deplete water supplies where any assurances by Rancho California Water District or evidence supporting those assurances is not provided. A WSA may be needed. These additional mitigation measures should be required in the DEIR to reduce water supply impacts caused by the project: 4-9 cont. 4-10 4-11 4-12 4-13 4-14 Temecula Gateway Project Final Environmental Impact Report 2.0-22 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Letter 4 Continued 1. Use only recycled water for landscaping purposes. Require installation of a recycled water line to the Project. 2 Utilize low water intensive turf or artificial turf_ Minimize the use of turf/ artificial turf to recreational areas. 3. Install only ultra -low -flow plumbing fixtures in all buildings 4. Install only dual flush toilets, which allow users to choose a larger or smaller flush as needed. 5. Require drip irrigation for landscaping where technically feasible. 6. Require mulching or equivalent organic ground cover to reduce water needs for all landscaped areas. Project Alternatives The alternatives analysis fails to satisfy CEQA's requirements. CEQA requires an EIR consider a "reasonable range" of project alternatives. The DEIR considers two alternatives beyond CEQA's mandatory "no project" alternative. However, Alternative 4 is not comparable to the proposed project. The evaluation of a hotel use within this project is not comparable. A hotel is subject to the requirements of a Conditional Use Permit within a Community Commercial district (Temecula Municipal Code Section 17.08.030 Use Regulations). While the project proposes for hotel use to be permitted in the Planned Development, it is not consistent with Temecula Municipal Code regulations. The project requires a CUP for the restaurant drive thru and gas station with convenience store that sells alcohol, which is consistent with Temecula Municipal Code regulations. A CUP is not proposed for the hotel use in Alternative 4 while the Temecula Municipal Code requires a CUP for hotels in Community Commercial zones. Thus, a hotel use is not comparable with the proposed project and the Alternatives sections does not provide a -reasonable" range of alternatives. Conclusion SoCal Environmental Justice Alliance believes the DEIR for the proposed project fails to comply with CEQA and must be substantially supplemented, amended, and recirculated before the reviewing bodies make a recommendation or decision on the proposed project, The Alliance encourages the city to require the DEM to address the Environmental Justice Element as outlined in the California General Plan Guidelines and give the Element the same weight as the mandatory elements of the General Plan. 4-14 cont. 4-15 4-16 City of Temecula 2.0-23 Temecula Gateway Project Final Environmental Impact Report 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 4 Continued For these reasons, SCEJA respectfully requests the need for this Project's DEIR to be substantially supplemented, amended, and recirculated and the City's denial to certify this DEIR. SoCal Environmental Justice Alliance requests to be notified via email at socalejaagmail.com regarding any subsequent environmental documents, public notices, public hearings, and notices of d et errn n afi on for this project. Sincerely, Joe Bourgeois Chairman of the Board SoCal Environmental Justice Alliance 4-17 Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-24 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER 4 JOE BOURGEOIS, SOCAL ENVIRONMENTAL JUSTICE ALLIANCE Response 4-1: As stated on page 3.2-15 of the Draft EIR, the SCAQMD has established that impacts to air quality are significant if there is a potential to contribute to or cause localized exceedances of the federal and/or state ambient air quality standards (NAAQS/CAAQS) . Collectively, these are referred to as Localized Significant Thresholds (LSTs), which represent the maximum emissions from a project that will not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard at the nearest residence or sensitive receptor. According to the SCAQMD, the use of LSTs are "voluntary, to be implemented at the discretion of local public agencies acting as a lead agency pursuant to the California Environmental Quality Act (CEQA)" and "lead agencies have the discretion to identify appropriate thresholds and analysis methodologies." (http://www.agmd.gov/home/regulations/cega/air-quality-analysis- handbook/localized-significance-thresholds). The Draft EIR makes use of methodology included in the SCAQMD Final Localized Significance Threshold Methodology. The significance of localized emissions impacts depends on whether ambient levels in the vicinity of the project are above or below state standards. Therefore, the SCAQMD developed LSTs are based on the ambient concentrations of pollutants within the project source receptor area (SRA) as determined by SCAQMD-air pollutant modeling (As demarcated by the SCAQMD, the project site is located in SCAQMD SRA 26 )• LSTs are identified by the SCAQMD in LST mass rate look -up tables and calculated by pollutant dispersion modeling. Specifically, LSTs for nitrogen dioxide (NO2) and carbon monoxide (CO) are derived by adding the incremental emission impacts from the project activity to the peak background NO2 and CO concentrations and comparing the total concentration to the most stringent ambient air quality standards. Background criteria pollutant concentrations are represented by the highest SCAQMD-measured pollutant concentration in the last three years at the air quality monitoring station nearest to the proposed project site. Fine particulate matter (PM2.5) and course particulate matter (PM1o) LSTs are developed by the SCAQMD using a dispersion model to back -calculate the emissions necessary to exceed a concentration equivalent to 50 micrograms per cubic meter (pg/m3) averaged over five hours, which is the control requirement in SCAQMD Rule 403. The commenter is incorrect that LSTs only apply to projects that are less than or equal to 5 acres. The SCAQMD provides specific guidance on applying LSTs to project sites of varying acreages using the CaIEEMod emissions software in its Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-25 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-2: (http://www.agmd.gov/docs/default-source/ceqa/handbook/localized- significance-thresholds/caleemod-guidance.pdf?sfvrsn=2) In this guidance document, the SCAQMD instructs how to employ the CaIEEMod model to determine the "maximum daily disturbed acreage for comparison to LSTs." In order to determine the appropriate methodology for determining localized impacts that could occur as a result of project -related construction, the following process was undertaken in the Draft EIR: • The CaIEEMod model was utilized to determine the maximum daily on-site emissions that could occur during construction activity. As stated on page 3.2-16 of the Draft EIR, project construction is anticipated to disturb a maximum of 3.5 acres in a single day. • The SCAQMD's Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds was used to determine the maximum site acreage that could be actively disturbed based on the construction equipment fleet and equipment hours as estimated in CaIEEMod. It was determined that the total acreage that could be disturbed is less than five acres per day (see page 3.2-15 of the Draft EIR), and therefore the SCAQMD's screening look -up tables were utilized to determine if the project has the potential to result in a significant impact. The SCAQMD's methodology clearly states that "off-site mobile emissions from the project should not be included in the emissions compared to LSTs." Therefore, for purposes of the construction LST analysis, only emissions included in the CaIEEMod "on-site" emissions outputs were considered. The nearest existing sensitive receptor to the development boundaries is located adjacent to the proposed development. However, the methodology explicitly states, "It is possible that a project may have receptors closer than 25 meters (82 feet). Projects with boundaries located closer than 25 meters to the nearest receptor should use the LSTs for receptors located at 25 meters." As such, LSTs for receptors at 25 meters (82 feet) are used in the analysis. As stated on page 3.2-25 of the Draft EIR, development projects that involve numerous heavy-duty truck trips on-site create substantial quantities of diesel PM emissions, described as a toxic air contaminant (TAC), and therefore can negatively affect sensitive land uses. Operations associated with the proposed project would result in a variety of commercial buildings and therefore require the use of delivery trucks during normal operations. According to CAPCOA's Health Risk Assessments for Proposed Land Use Projects, operations that require more than 100 heavy-duty delivery trucks daily are considered a potential health risk. The proposed project would require an estimated 10 heavy-duty truck deliveries or less per day, mostly associated with gas station refueling tanker trucks and beverage and food service deliveries. All other business deliveries would be via small trucks and Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-26 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-3: vans that do not emit substantial amounts of diesel partculates. There are no heavy-duty truck loading docks or loading areas associated with the project. Because the 100 heavy-duty trucks/day guidance threshold is well in excess of what could reasonably be assumed to be associated with this type of project, as explained above, the potential for associated health risks is less than significant. Furthermore, the SCAQMD provides guidance for analyzing cancer risks from diesel particulate matter from mobile sources in the document titled Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis (2003). This document may be downloaded at http://www.aqmd.gov/ceqa/hdbk.html. This guidance describes analysis of potential cancer risks associated with diesel PM from truck idling and truck movement at truck stops, warehouse and distribution centers, and transit center land uses, as well as ship hoteling at ports and train idling. It is noted that commercial land use project such as that proposed are not included in this guidance document for analyzing mobile sources of diesel PM under CEQA. This is because commercial land use project such as that proposed do not generate the level of heavy duty truck trips to be considered a substantial source of diesel PM. Additionally, all heavy-duty trucks visiting the site would be regulated by CARB's Air Toxic Control Measure (ATCM) to Limit Diesel -Fueled Commercial Motor Vehicle Idling. The purpose of the CARB ATCM to Limit Diesel -Fueled Commercial Motor Vehicle Idling is to reduce public exposure to diesel PM and criteria pollutants by limiting the idling of diesel -fueled commercial vehicles. The driver of any vehicle subject to this ATCM is prohibited from idling the vehicle's primary diesel engine for greater than five minutes at any location and is prohibited from idling a diesel -fueled auxiliary power system (APS) for more than five minutes to power a heater, air conditioner, or any ancillary equipment on the vehicle if it has a sleeper berth and the truck is located within 100 feet of a restricted area (homes and schools). CARB Final Regulation Order, Requirements to Reduce Idling Emissions from New and In -Use Trucks, which began in 2008, requires that new 2008 and subsequent model -year heavy-duty diesel engines be equipped with an engine shutdown system that automatically shuts down the engine after 300 seconds of continuous idling operation once the vehicle is stopped, the transmission is set to "neutral" or "park," and the parking brake is engaged. As described on page 3.2-22 of the Draft EIR, the project will result in a less than significant impact concerning the exposure of sensitive receptors to substantial concentrations of construction -generated air toxics. Potential impacts to sensitive receptors were analyzed in the Draft EIR using the SCAQMD's LST protocol. LSTs were developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-27 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-4: Response 4-5: To address the issue of localized significance, the SCAQMD adopted LSTs that show whether a project would cause or contribute to localized air toxic concentrations impacts and thereby cause or contribute to potential localized adverse health effects. The analysis in the Draft EIR makes use of methodology included in the SCAQMD Final Localized Significance Threshold Methodology. Results indicate that the proposed project would not exceed the SCAQMD LSTs; therefore, sensitive receptors would not be subject to substantial concentrations of air toxics during project construction and the impact is less than significant. The commenter is incorrect that the Draft EIR does not offer analysis to determine if construction of the project could result in the increased exposure of existing or planned sensitive receptors to construction -sourced air toxics. As described on page 3.2-22 of the Draft EIR, the project will result in a less than significant impact concerning the exposure of sensitive receptors to substantial concentrations of construction -generated air toxics. Potential impacts to sensitive receptors were analyzed in the Draft EIR using the SCAQMD's LST protocol. LSTs were developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. To address the issue of localized significance, the SCAQMD adopted LSTs that show whether a project would cause or contribute to localized air toxic concentrations impacts and thereby cause or contribute to potential localized adverse health effects. The analysis in the Draft EIR makes use of methodology included in the SCAQMD Final Localized Significance Threshold Methodology. Additionally, the SCAQMD provides specific guidance on applying LSTs to project sites of varying acreages using the CaIEEMod emissions software in its Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds (http://www.agmd.gov/docs/default-source/ceqa/handbook/localized- significance-thresholds/caleemod-guidance.pdf?sfvrsn=2) . In this guidance document, the SCAQMD instructs how to employ the CaIEEMod model to determine the "maximum daily disturbed acreage for comparison to LSTs." (As stated on page 3.2-16 of the Draft EIR, daily disturbed construction area is not expected to exceed 3.5 acres.) Results indicate that the proposed project would not exceed the SCAQMD LSTs; therefore, sensitive receptors would not be subject to substantial concentrations of air toxics during project construction and the impact is less than significant. No mitigation is necessary. The Draft EIR contained a typo, listing "p.m." instead of "a.m." where permitted construction hours were listed. This typo has been corrected (see Section 3.0 Revisions to the Draft EIR). Construction of the project will comply with the City's noise ordinance, including permitted construction hours. The analysis in the Draft EIR is based on the correct, permitted construction hours, and therefore the correction of this typo does not change the Draft EIR's analysis or conclusions. Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-28 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-6: Response 4-7: Response 4-8: Impact 3.10.1 discusses the potential for exposure to excessive noise levels during construction. As indicated in this analysis, with the use of construction equipment during the construction phases, the proposed project would expose these surrounding off-site sensitive receptors to increased exterior noise levels. While the Draft EIR provides mitigation measures to reduce noise levels, the Draft EIR (page 3.10.24) clearly states that the nearest off- site sensitive receptors would continue to experience a substantial temporary or periodic increase in ambient noise levels during project construction. Therefore, the project's construction noise would be a temporary and intermittent significant and unavoidable impact on the nearby sensitive receptors. As such, the City Council is required to provide findings (per CEQA Guidelines Section 15091) and adopt a Statement of Overriding Considerations per CEQA Guidelines Section 15093) for this significant and unavoidable impact, if the project were to be approved. Typical business activity noise is considered to be operational noise in the Draft EIR. Operational noise, such as parking lot noise, gas pump use noise, noise from the car wash, coffee shop drive-through, heating, ventilation and air conditioning systems as well as delivery of goods to the commercial and retail operations are all incorporated in the analysis contained in the discussion of Impact 3.10.2 on pages 3.10-24 through 3.10-26. As shown, the noise from these activities would have a less than significant impact. Typically, stock inventorying is conducted in the interior of the building as the types of businesses proposed for the project would not keep their stock outside the building. Interior stock inventorying would not create substantial levels of noise to the adjacent residential uses. As stated on Page 3.10-5 of the Draft EIR, the average exterior -to -interior noise reduction is 20 dBA. As described under Impact 3.10-2, operational noise levels are not anticipated to exceed 65 dBA at any of the off-site residential uses in the vicinity of the project site. Therefore, assuming that the exterior -to -interior noise reduction is 20 dBA, interior noise levels would not exceed 45 dBA at any off-site residential uses, and this impact would remain less than significant. Regarding those interior noise levels during construction, this noise impact is discussed in Impact 3.10.1. An exterior -to -interior reduction of 20 dBA will also apply during construction. As indicated on page 3.10-22, construction noise typically ranges from approximately 74 dBA to 89 dBA Lmax at 50 feet. A reduction of 20 dBA would result in a range of 54 dBA to 69 dBA interior noise levels during construction. As with exterior noise levels, this level of interior noise would exceed the City's noise standard of 45 dBA CNEL. However, as discussed in Impact 3.10.1, the project, even with implementation of noise mitigation measures MM 3.10.1a through MM3.10.1 c, would still result in a temporary significant and unavoidable impact. Therefore, the Draft EIR determined that the proposed project would result in construction noise impacts, whether it be interior or exterior, which cannot be reduce to a less than significant level. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-29 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-9: Response 4-10: Response 4-1 1: Response 4-12: While the commenter has provided suggested measures to reduce operational noise, no substantial evidence has been provided that establishes the need for the measures (i.e., no operational phase significant impacts). As discussed in Impact 3.10.2, as well as Impact 3.10.4, implementation of the proposed project would not result in a significant impact; therefore, mitigation for operational noise impacts is not required. Contrary to the assertion in the comment, all conclusions regarding the ability of public services and utilities to serve the project are supported within the analyses provided in Section 3.12. Information as to the location of existing water lines was provided by the 2015 Rancho California Water District (RCWD) Facilities Master Plan Appendix A, which is listed on p. 3.12- 37 of the Draft EIR as a source for the analysis in that Section. The comment provides no other specifics to support the assertion that analyses are conclusory. The statement "the proposed project is consistent with the current land use of the project site anticipating the increased waste generation" is part of the Impact 3.12.6.1 introductory paragraph. This statement is meant to convey that the project site is consistent with the General Plan use of urban development. However, in order to provide greater clarification, the sentence has been revised to say "the proposed project is consistent with the current land useplanned urban type development of the project site anticipating the increased waste generation" in the Final EIR (see Section 3.0 Revisions to the Draft EIR) . Solid waste generation factors are provided by the California Department of Resources Recycling and Recovery (CalRecycle) . The generation factors are available in two categories; Resident Disposal Rate and Employee Disposal Rate. As such, the type of business, whether an office or a commercial use, is not considered in the evaluation of the potential for solid waste production from a particular type of use. All commercial/office uses would use the same "Employee Disposal Rate". Therefore, for planning and CEQA-compliance purposes, there is no difference in the disposal rate between Professional Office and Community Commercial land uses. Additionally, as noted in the Draft EIR on page 3.12-30, based on solid waste generation rate assumptions provided by CalRecycle and information related to the Badlands Sanitary Landfill, the proposed project would result in a 0.06 percent increase in the amount of daily solid waste delivered to this landfill, well within the designed peak daily tonnage. Contrary to the assertion presented in the comment, the Draft EIR does not analyze solid waste generation based on employees only. The use of waste - generating factors by employee represents all of the solid waste generated from a particular commercial use type as defined by CalRecycle. The use of "employee" is a factor identifier used by CalRecycle in its solid waste by source analysis. This is not based on how much the individual employee produces in solid waste but the overall waste coming from the particular commercial type divided by the average number of employees. As such, the analysis of waste generation in Section 3.12.6 (beginning on page 3.12 - Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-30 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-13: 26) is inclusive of all solid waste of a commercial site, including patrons, not just employee solid waste. Further, the amount of solid waste generated by the project is not based on the Professional Office land use but on those commercial categories identified in Table 3.12.6-2 of the Draft EIR. Evidence that RCWD has adequate water supply is discussed in Impact 3.12.4.1 (pp. 3.12-18 to 3.12-19) which identifies, based on RCWD's Facilities Master Plan and current water consumption, that the RCWD has adequate water to supply the project. As stated in CEQA Guidelines Section 15155, as well as Section 10910 of the California Water Code, a water supply assessment (WSA) is not required for a commercial project of this size. The following levels of development are required to complete a WSA: (A) A residential development of more than 500 dwelling units. (B) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. (C) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. (D) A hotel or motel, or both, having more than 500 rooms. (E) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. (F) A mixed-use project that includes one or more of the projects specified in subdivisions (a) (1) (A), (a) (1) (B), (a) (1) (C), (a) (1) (D), (a) (1) (E), and (a) (1) (G) of this section. (G) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. (H) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria: 1. A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system's existing service connections; or 2. A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections. (CEQA Guidelines Section 15115; Water Code Section 10912) The proposed project does not meet or exceed any of these levels of development. Therefore a WSA is not required. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-31 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-14: Response 4-15: Response 4-16: The Draft EIR clearly cites the standard used to determine the amount of water the project will use. As stated on page 3.12-18: "The RCWD's Water Facilities Master Plan uses a demand factor of 1,585 gallons per day per acre (gpd/ac) for commercial uses to determine future water use (RCWD 2015, p. 63). Based on this demand factor, the proposed project would result in 13,932.15 gpd or 15.6 AFY of potable water demand." Additionally, as discussed on page 3.12-19 of the Draft EIR, the water analysis completed for the proposed project determined that the proposed project represents 0.57 percent of the potable surplus water supply and 0.33 percent of the recycled water available to the RCWD. As such, the proposed project would not require the increase of potable or recycled water capacity to serve the project and would result in a less than significant impact. The project would not result in a significant impact to water supply and therefore the suggested measures for recycled water in the SCEJA letter are not required. However, many of these measures are already required by Temecula Municipal Code Chapter 17.32 Landscape (for recycled water) or the California Plumbing Code (for water efficient plumbing fixtures) as a part of project development or included in the project design policies guiding development within the PDO -14 design guidelines (recycled water in fountains). Contrary to the assertion presented in the comment, the Draft EIR wholly satisfies CEQA's requirements regarding the development and analysis of project alternatives (CEQA Guidelines Section 15126.6). There is no requirement in CEQA that a project alternative be "comparable" to the proposed project as is asserted in the comment. Rather, the EIR must provide a "reasonable range" of alternatives that can accomplish most of the key objectives of the project while reducing at least one of the significant impacts associated with the proposed project; to that end, the focus is on environmental impacts and the purpose of an alternative is not simply to compare what entitlement may be necessary. The Draft EIR includes two development alternatives in addition to two "no -project" scenario alternatives. The Draft EIR also includes a discussion of other alternatives that were considered but rejected as infeasible (p. 4.0-5). Additionally, as shown in Table 2.0-1 of the Draft EIR, a hotel would be a permitted use under PDO - 14 and thus would not require a CUP, as asserted in the comment. The comments provide no other specifics or substantiation to support the assertion that the EIR does not comply with the CEQA requirements for treatment of project alternatives. The City does not have an Environmental Justice Element as a part of the General Plan and an EIR is not required to analyze a project against the General Plan Guidelines. As demonstrated in the above responses, contrary to the assertions contained in this comment letter, the EIR complies with all CEQA requirements and therefore no supplemental, amended, or other type of subsequent CEQA review is required. Furthermore, recirculation of the EIR is Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-32 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR Response 4-17: not warranted as none of the conditions for recirculation, as detailed in Section 15088.5 of the CEQA Guidelines, have been triggered. The commenter has not presented any substantial evidence that recirculation is required based on identification of a new significant impact, a substantial increase in the severity of an impact, a feasible project alternative or mitigation measure that is considerably different from those presented, or fundamental inadequacy and conclusory nature of the EIR. Where such EIR inadequacy assertions have been made above in comments 4-1 through 4- 15, the City has provided substantial evidence to the contrary in the response. See response 4-16. As requested, the City has added socaleja@gmail.com to the CEQA distribution list for any subsequent environmental documents, public notices, public hearings and notices of determination for the proposed project. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-33 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 5 July 11, 2016 Mr, Eric Jones 41000 Main Street Temecula, CA 92590 This is my Los Ranchitos homeowner concern with the "Gateway" project. When we first looked at this property on 44405 La Paz Street, we asked, what was the status of the vacant property just to the south of our future home. We were told that the parcel was controlled by the Los Ranchito's homeowner's association and the association was very protective of its residents. Skip to later years and we find the association has allowed the city to re -zone the property and we meet Tony Dehbozorgi. We spend many meetings listening to promises of this and that. We participated and attended these "meetings" until we figured Mr. Dehbozorgi was a great snake oil salesman. By the way, Mr. Dehbozorgi is a member of the Los Ranchitos Association (can you say conflict-of-interest)? Down to the point. Since we have lived here, NEVER were we given notice by the City of Temecula and/or the Los Ranchitos association that the project land was re -zoned and would include: (First Story), property would be only one story professional businesses. (Second Story) That plan/tale morphed at some point and the property was re -zoned into basically, anything except a Nuclear Power plant. I believe there is a serious legal issue in the "Gateway Project". That is, I'm sure the city is re tq .irtc1 to notify "near -by" residents of any projects that would have an impact on their home investment or quality of life and obtain their input for consideration, prior to the "done -deal" phase. Second, I would have expected the Los Ranchitos Association to notify and protect the affected citizens within their area of this action or, at least, seek input from these neighbors. Neither of these actions occurred. I work for the Federal Government and when we are considering legal action on an individual, we are required to notify them with a Registered letter with Return Receipt. Again, we did not receive any notice of these actions. 1" believe this failure to notice could be argued in Court that the entire Gateway Project is illegal. So, I request proof and copies of the legal process to include how the "affected neighbors" were, through due legal process notified of the "Gateway to Temecula Project" and copies of the approval by said neighbors of this action were obtained and are on file. Th nk knald 44405 Temecula, t. A 92592 Copy to Los Ranchitos Association via Ralston Management 5-1 5-2 5-3 5-4 5-5 5-6 Temecula Gateway Project Final Environmental Impact Report 2.0-34 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER 5 DONALD GRIFFIN, RESIDENT Response 5-1: The commenter does not present comments on environmental issues or identify any inadequacies with the Draft EIR with this comment. Response 5-2: Response 5-3: Response 5-4: Previous rezoning of the project site, while providing historical information, does not relate to the proposed project. The commenter does not present comments on environmental issues or identify any inadequacies with the Draft EIR with this comment. The City is required to notify property owners within 300 feet of a pending rezone or change in the General Plan land use of an adjacent property. However, pursuant to Temecula Municipal code Section 17.03.040 and California Government Code Section 65091(a) (4) this notification is required to be at least 10 days before any Planning Commission or City Council hearing for which the rezone/land use amendment will be discussed. As of the writing of this response, the public hearing date has not been set and therefore public notification has not been initiated. When said hearing is scheduled, public noticing, as required by Section 65091(a) (4), will commence. CEQA Section 15087 Public Review of Draft EIR requires that notice shall be mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing, and shall also be given by at least one of the following procedures: (1) Publication at least one time by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas. (2) Posting of notice by the public agency on and off the site in the area where the project is to be located. (3) Direct mailing to the owners and occupants of property contiguous to the parcel or parcels on which the project is located. Owners of such property shall be identified as shown on the latest equalized assessment roll. Public noticing for the release of the Draft EIR was published on May 31, 2016, for the 45 -day review period. Additionally, as identified on page 1.0- 4, of the Draft EIR, the Notice of Preparation of the Temecula Gateway EIR was published on June 30, 2015, for a 30 -day review period. The EIR has complied with all of the public noticing requirements established in Article 13 of the CEQA Guidelines. Identification and analysis of any responsibilities of the Los Ranchitos Homeowners Association to notify citizens falls outside of the scope of CEQA and the EIR, and no further response is required. Response 5-5: See responses 5-2 and 5-3. Response 5-6: See response 5-3 for noticing requirements. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-35 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 6 LCCA CULTURAL RESOURCES Temecula Band of Luiseno Mission Indians VIA E-MAIL and USPS Mr. Eric Jones Project Planner City of Temecula 41000 Main Street Temecula, CA 92590 Post Office. Box 2183 • Temecula, CA 92593 Telephone (951) 308-9295 • Fax (951) 506-9491 July 14, 2016 Chairperson: Nat Ibanez Vice Chairperson Bridgett Barcello Committee Members: Mary Bear Magee Evia Gerber Darlene Miranda Richard B. Seearce, III Michael Vasquez Director: Gary DuBois Coordinator: Paul Macarro Planning Specialist: Tuba Ebru Ozdil Cultural Analyst: Anna Hoover Re: Pechanga Tribe Comments on the Temecula Gateway Project Draft Environmental Impact Report (PA14-2707; PAI 4-2708; PA14-2710; PA14-2709; PA14-2858; PA141- 0167; PA16-0090) Dear Mr. Jones: This comment letter is written on behalf of the Pechanga Band of Luisefio Indians (hereinafter, "the Tribe"), a federally recognized Indian tribe and sovereign government. The Tribe formally requests, pursuant to Public Resources Code §21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). If you have not done so already, please add the Tribe to your distribution list(s) for public notices and circulation of all documents, including environmental review documents, archeological reports, and all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project. Please also incorporate these comments into the record of approval for this Project. The Tribes submits these comments concerning the Project's potential impacts to cultural resources and to assist the City in developing appropriate avoidance and preservation standards to protect and preserve sensitive and important cultural resources that may be impacted by the proposed Development. The Tribe is concerned that the Draft Environmental Impact Report (DEIR) does not identify that this area is within close proximity to the Luiserlo Ancestral Origin Landscape Area, which is listed on the National Register of Historic Places and the California Register of Historic Resources. Additionally, the DEIR does not reflect the standard City mitigation measures. Thus, we have provided our recommended language regarding the Origin Landscape and the revised mitigation measures for inclusion in all appropriate environmental documents below. 6-1 6-2 6-3 Sacred Is The Duty Trusted Unto Our Care And With Honor fli-! Rise To The Need Temecula Gateway Project Final Environmental Impact Report 2.0-36 City of Temecula 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Pechanga Comment Letter to the City of Temecula Letter 6 Continued Re: Pechanga Tribe Comments on the DEIR — Temecula Gateway Project July 14, 2016 Page 2 THE CITY OF TEMECULA MUST INCLUDE INVOLVEMENT OF AND CONSULTATION WITH THE PECHANGA TRIBE IN ITS ENVIRONMENTAL REVIEW PROCESS It has been the intent of the Federal Government' and the State of California2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other governmental concerns. The responsibility to consult with Indian tribes stems from the unique government -to -government relationship between the -United States and Indian tribes. This arises when tribal interests are affected by the actions of governmental agencies and departments. In this case, it is undisputed that the project lies within the Pechanga Tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the City of Temecula consult with the Tribe in order to guarantee an adequate knowledge base for an appropriate evaluation of the Project effects, as well as generating adequate mitigation measures. The City of Temecula has consulted consistently, adequately and appropriately with the Tribe throughout the processing of this Project. We look forward to continuing the SBI 8 and CEQA consultation processes with the City and working closely with both the City and the Applicant once the Project is approved and grading permits have been issued. PECHANGA CULTURAL AFFILIATION TO PROJECT AREA The Pechanga Tribe asserts that the Project area is part of Luisetio Territory and is located 0.10 miles north of the Luiseflo Ancestral Origin Landscape Area, which includes, Luisa° place names, pictographs and petroyglyphs -- rock art (16oia yixelval), village complexes, Native American burials, Traditional Cultural Properties, and other sacred places associated with the Tribe's Origin Landscape. The above information may not be exhaustive of all the cultural resources that may be impacted by this Project. The Origin Landscape is one of the most sacred areas to the Tribe and is evidenced by our oral tradition, ethnographic studies and historic documents. It is presently included in the Sacred Lands File with the State Native American Heritage Commission and is listed on both the California Register of Historic Resources and the National Register of Historic Places (1974 and 2014). The Pechanga Tribe's knowledge of our ancestral boundaries is based on reliable information passed down to us from our elders; published academic works in the areas of anthropology, history and ethno-history; and through recorded ethnographic and linguistic accounts. Of the many anthropologists and historians who have presented boundaries of the I See e.g., Executive Memorandum of April 29, 1994 on Government -to -Government Relations with Native American Tribal Governments, Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments, Executive Memorandum of September 23, 2004 on Government -to -Government Relationships with Tribal Governments, and Executive Memorandum of November 5, 2009 on Tribal Consultation. 2 See California Public Resource Code §5097.9 et seq.; California Government Code 1165351, 65352.3 and 65352.4 Pechanga Cultural Resources • Temecula Band of Luisefio Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need 6-4 6-5 6-6 City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-37 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 6 Pechanga Comment Letter to the City of Temecula Co ntin ued Re: Pechanga Tribe Comments on the DEIR — Temecula Gateway Project July 14, 2016 Page 3 Luisetio traditional territory, none have excluded the Temecula area from their descriptions (Sparkman 1908; Kroeber 1925; White 1963; Harvey 1974; Oxendine 1983; Smith and Freers 1994), and such territory descriptions correspond almost identically with that communicated to the Pechanga people by our elders. While historic accounts and anthropological and linguistic theories are important in determining traditional Luiseltio territory, the most critical sources of information used to define our traditional territories are our songs, creation accounts, and oral traditions. The following information was prepared and written by Dr. Lisa Woodward, Archivist for the Pechanga Band of Luisefio Indians. The Tribe requests that the entirety of the following information to be included in the public record. The Temecula Gateway Project falls within the larger area identified as Temecula Village which spans for two miles along the banks of what is now known as Temecula Creek, extending from the confluence of the Temecula and Murrieta Creeks to what is now known as Butterfield Stage Road. The Temecula people lived in this area for thousands of years. According to traditional Luiselio beliefs, the world was created at 'Exva Terneku (EXH-vah teh-MEH-koo), located at the convergence of the Murrieta and Temecula Creeks. Exva is translated as a "place of sand" and Temeku means, "sun place." The original inhabitants of Temecula have always lived within hail of their Creation place. Before European contact, the people lived along the banks of Temecula creek in several locations in the valley. The river provided water year round from the many springs that fed into the river. The abundant water in the valley allowed for the people to live in this location year round. The valley was known as the village of Temeku and when the Spanish-speaking settlers arrived in the valley, the name was changed to Temecula. The namesake for the City of Temecula is derived from this Luisa.° name. The history of this location is not only important to the Luiseno Tribe but also to the City of Temecula. The village of Temecula was established during the mission era to support the San Luis Rey populations but it became an important stage stop and housed one of the first post offices in southern California after statehood. The Pechanga Tribe recognizes 'wa Temeku, Temeku and the larger Temecula Village area as a Traditional Cultural Property (TCP). These three regions, although covering distinct time periods, represent one continuous occupation of the valley, from the Creation of the world, to the creation of the historical village, to the establishment of the Pechanga Reservation. This region is the most important locality for the Luiseflo People; it is the place of their origin and where cultural social norms and practices were received. The Pechanga Tribe identifies these important places that are connected to the Creation as the Luisa° Origin Area, a TCP. A portion of Env Terneku was listed on the National Register of Historic Places (NRI -IP) in 1972 (P-33-011443). According to National Register guidelines the Origin Area does meet the required guidelines. It is associated with the traditional beliefs of a Native American Group; includes patterns of land use reflecting the cultural traditions valued by its long-term Pechanga Cultural Resources • Temecula Band of LuiseFio Mission Indians Post Office Box 2183 s Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need 6-6 cont Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-38 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 6 Pechanga Comment Letter to the City of Temecula Continued Re: Pechanga Tribe Comments on the DEIR — Temecula Gateway Project July 14, 2016 Page 4 residents; it is a location where Native American religious practitioners have historically gone and to perform ceremonial activities in accordance with traditional cultural rules of practice; and is a location where a community has traditionally carried out cultural practices important in maintaining its historic identity (Parker and King 1998:1), The Luisa() Origin Area is associated with cultural practices that are part of cultural beliefs "rooted in the community's history and important in maintaining the continuing cultural identity of the community" (Parker and King, Bulletin 38, 1998:1). LUISERO CREATION AND ORIGIN AREA According to the Luisefio Creation account, in the beginning there was nothing Kiwvish 'attivvish (ICEYW-vish ah-TAH-vish) meaning 'empty', 'unpopulated.' Several periods of time passed during which things began to take shape. This is where the Luisefio Origin recounted in ancestral songs say Tflukurnit (TOO-koo-mit, Father Night Sky) and Tanuiayawut (Ta-MAI-yah-whoot, Mother Day Earth) created the world. When Tthilcutnit and Tamidayawu: became one, their first offspring were earth and sand, which in Luiserio are 'extra (EXH-la) and 'exvai (EXH-vol). 'Ex-va Ter is therefore in reference to the first offspring of Ttiukumit and Tanuiayawut (Elliott n.d.:1069). Their children were known as the first people or Kcianwlani (KAH-mah-lam) and were all things, including mammals, birds, trees, fog, and rocks. The birth of the world took place near the confluence of what is now known as the confluence of the Temecula River and Murrieta Creek which form the Santa Margarita River. The last of the Kaamaiain born was Wuyoot (We-YOHT). He was innately gifted with knowledge and he knew how to make the first food, toovish (T0H-vish, white clay), to feed the Kew/m:1am 11 is said Wuyaot gave the people ceremonial songs when he lived at (Ex-va Temeeku, which are still sung today (Dubois 1908: 116-117). According to the Creation narratives, Wuyoot was poisoned, and in an attempt to be cured, he visited several hot springs throughout the area that is now recognized as Luisefio territory. Several of the traditional songs relate this account of the people taking the dying WuyOot to various hot springs, which included Churfikunuknu $arkiwuna, Murrieta Hot Springs, meaning 'sliding place where hot water bubbles', and ritengvu Wunichvinu, the hot springs at Lake Elsinore, where he died at the end of his journey. As he traveled to these various springs, TfuyOot also named the increments of time that had passed, which became the months of the Luiserio calendar. During this time, he taught the First People all of his knowledge (Dubois 1908; Roberts 1933: 6-7). Upon Wuyelot is death, he was taken to 'Ewa Temeeku and cremated. WuyOot is passing was the first death of the Kciamalam. Death did not exist before this time. The Kaanwlam were so overcome with grief that the quail, roadrunner, and woodpecker cut their hair. This is a mourning custom still practiced today. The rocks and trees cried. WuyOot is death frightened the people, but to console the Kewmalam he was resurrected as A/141a (moon). Before that event, night had only been known to be full of darkness. The Kciamalam knew Pechanga Cultural Resources • Temecula Band of Luiserio Mission Indians Post Office Box 2183 . Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need 6-6 cont. City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-39 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 6 Continued Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Comments on the DEIR — Temecula Gateway Project July 14, 2016 Page 5 Mayla-Wuyoot would always be with them. It is said after Wuyaot is death, they called a Grand Council at Kciamalam Pomki, located in the hills above iErva Temeeku, During this Council the Kciamalam discussed who would become food, since toovish (white clay) would no longer be provided by Wuyoot. After several arguments as to why certain Kciamalam should not become food, it was determined that $z/cat (SHOE -cut, deer) would be sacrificed. Upon the conclusion of this meeting, the First People dispersed to all comers of Creation, which is now recognized as Luisefio territory. TEMEICUITEMECULA VILLAGE When looking at the entire footprint of pre -contact Luisefio villages, they are much like towns today. Such is the case with Temekurremecula, the village encompasses other named places within it; Yamiinga, Wanki, and Pavkun, These areas are located within a 2-3 mile from the Santa Margarita River, east along Temecula River to what is now known as Butterfield Stage Road. This would be the equivalent to the City of Temecula with the areas of "Rainbow Canyon," "Vail Ranch" and "Redhawk." and which are all located within the boundary. So, when looking at a village, such as Terneku, which has a long rich documented history, assigning hard and fast boundaries is difficult. The 30+ sites located along Temecula Creek represent thousands of years of continuous occupation in the Valley. While archaeologists deem these sites individual "habitation areas," the Tribe sees them as one village with different components. REOUESTED TRIBAL INVOLVEMENT AND MITIGATION The proposed Project is on land that is within the traditional territory of the Pechanga Band of Luisefio Indians. The Pechanga Band is not opposed to this Project. However, we are opposed to any and all adverse effects and significant impacts to the Luisello Ancestral Origin Landscape Area. The Tribe's primary concerns stem from the Project's proposed impacts on Native American cultural resources. The Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luisefio village sites, sacred sites, traditional landscapes and properties, human rernains and associated grave goods, and physical archaeological/cultural resources which would be displaced by ground disturbing work on the Project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The Tribe appreciates the thoroughness of the archaeological study and the environmental document prepared for this Project. We have reviewed the DE1R and proposed mitigation measures and request that the standard City mitigation measures, with one new addition, be included as indicated below (underlines are additions, strikeouts are deletions). Pechanga Cultural Resources • Temecula Band of LuiseFio Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need 6-6 cont. 6-7 Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-40 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Pechanga Comment Letter to the City of Temecula Letter 6 Continued Re: Pechanga Tribe Comments on the DE1R — Temecula Gateway Project July 14,2016 Page 6 MM 33.2 activities cultural resources are discovered on the project site, work shall be halted • gist and the Pechanga Tribe (Tri be The developer, the project archaeologist, and the Tribe shall assess the significance of such resources an4fi1ia14 cultural rescpur-ces that are discaver-ed shall be evaluated and a final report prepared by the qualified archaeologist. The report shall include a list or the resauFees disefweee-utrientat ion of each - In the event the significant resources are recovered and if the qualified avoid anee—anslier—iiiit-igatieft—wou-tel—be—r-ei*-r-ediatiffiaftat—te—afid—eensistent with C I KA Guidelines Sections Prior to beginning project construction, the Project Applicant shall retain a City of Temecula =proved archaeologist to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources_ Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation in consultation with the Pechanga Tribe. MM 33.3 The qualified archeologit, or an archaeologist working under the direction of the qualified archeologist, along with a representative designated by the Pechanga Tribe shall conduct .re -construction cultural resources worker sensitivity trainin to inform construction personnel of the types of cultural resources that may be encountered, and to brinareness to personnel of actions to be taken in the event of a cultural resources discovery. The applicant shall ensure that construction personnel are made available for and shall _ attend the training and retain documentati on demonstrating attendance, MM 3.5.4 At least 30 days prior to beginning project construction, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading,excavation and the monitoring program, and to develop a Cultural Resources Treatment and Monitorin A eement between the A licantiDevelo •er and the Tribe. The A _reement shall address the treatment of known cultural resources the desi • nation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities project grading and development scheduling: terms of compensation for the monitors: and treatment and final dis osition of any cultural resources sacred sites and human remains discovered on the site, MM 33.5 Prior to beginning project construction, the Project Archaell file a re- grading report with the City of Temecula (if required) to document the proposed Pechanga Cultural Resources • Temecula Band of LuiseFio Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need 6-7 cont. City of Temecula 2.0-41 Temecula Gateway Project Final Environmental Impact Report 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Pechanga Comment Letter to the City of Temecula Letter 6 Continued Re: Pechanga Tribe Comments on the DEIR — Temecula Gateway Project July 14, 2016 Page 7 methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM 3.5.4, the archaeological monitor's authority to skv and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. MM 3.5.6 All cultural materials. that arc collected duringithe grading monitoring program and from any previous archaeological studies or excavations on the project site. with the exception of sacred items, burial goods and human remains which will be addressed in the Treatment Agreement required in MM 3.5.4 shall be tribally curated according to the current professional repository standards, The collections and associated records shall be transferred, including title, to the Pechanga Tribe's curation facility which meets the standards set forth in 36 CRF Part 79 for federal repositories. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation if feasible. MM 3.5.7 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer. the project archaeologist, and the Tribe shall assess the significance cif tich resources and shall meet and confer regarding the miti ation for such resources. Pursuant to Calif Pub. Res. Code 21083.2 b avoidance is the referred method of reservation for archaeolo lical resources. If the Developer, the project archaeologist and the Tribe cannot agree on the significance o_Lthe mitigation for such resources, these issues will be presented to the Plannin Director for decision. The Plannin Director shall make the determination based on the provisions of the California Environmental Ouality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding anv other rights available under the law, the decision of the Plannin Director shall be a. .ealable to the Planning Commission and/or City Council. MM 3.5.8 Not applicable MM 3.5.4 9 If human remains are encountered, California Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Pechanga Cultural Resources Temecula Band of Luiseilo Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred is The Duty Trusted Unto Our Care And With Honor We Rise To The Need 6-7 cont. Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-42 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT [IR Letter 6 Pechanga Comment Letter to the City of Temecula Continued Re: Pechanga Tribe Comments on the DEIR — Temecula Gateway Project July 14, 2016 Page 8 Native American, the Native American Heritage Commission shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 24 hours of receiving notification from the coroner. The most likely descendant shall then have 48 hours to make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. The Tribe reserves the right to fully participate in the environmental review process, as well as to provide further comment on the Project's impacts to cultural resources and potential mitigation for such impacts. The Pechanga Tribe looks forward to working together with the City of Temecula in protecting the invaluable Pechanga cultural resources found in the Project area. Please contact me at 951-770-8113 or at eozdil@pechanga-nsn.gov once you have had a chance to review these comments. Thank you. Sincerely, Tuba Ebru Ozdil Planning Specialist cc Pechanga Office of the General Counsel Pechanga Cultural Resources Temecula Band of Luiseho Mission Indians Post Office Box 2183 Temecula, CA 92592 Sacred Is The Duly Trusted Unto Our Care And With Honor We Rise To The Need 6-7 cont. 6-8 City of Temecula Temecula Gateway Project Final Environmental Impact Report 2.0-43 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT EIR LETTER 6 TUBA E B RU OZDIL, PECHANGA CULTURAL RESOURCES, TEMECULA BAND OF LU ISE NO MISSION INDIANS Response 6-1: The City acknowledges the Tribe and its request to be included on the public notice distribution list for this project, and to have its comment letter included in the record. Response 6-2: The City acknowledges the submittal of comments concerning the potential impacts to cultural resources. Response 6-3: The Draft EIR, on page 3.5-10, does identify that the proposed project is "located within 0.1 mile from the Luiseno Ancestral Origin Landscape Area." Those mitigation measures and revisions to mitigation measures presented by the commenter have been incorporated into the EIR. The commenter is referred to Section 3.0 of this Final EIR for those revisions. Response 6-4: The City appreciates the Tribe's acknowledgement of the City's efforts to consult the Tribe throughout the EIR process. Response 6-5: Response 6-6: Response 6-7: The commenter provides information regarding the location, attributes, and history of the Luiseno Ancestral Origin Landscape Area. The comment does not identify any EIR issues to be addressed, but the information is included herein for the record. The commenter provides information regarding the history and culture of the tribe. The comment does not identify any EIR issues to be addressed, but the information is included herein for the record. All of the proposed revisions to existing mitigation and new mitigations provided by the commenter have been incorporated into the EIR. The commenter is referred to Section 3.0 Revisions to Draft EIR for these changes. Response 6-8: The City acknowledges the right of the Tribe to comment on the proposed project. Temecula Gateway Project City of Temecula Final Environmental Impact Report 2.0-44 3.0 REVISIONS TO THE DRAFT [IR 3.0 REVISIONS TO THE DRAFT EIR 3.1 INTRODUCTION This section includes edits to the Draft EIR in response to comments received during the Draft EIR public review period. Revisions herein do not include any new significant environmental impacts or otherwise constitute significant new information as defined in Section 15088.5 of the CEQA Guidelines. Changes are provided in revision marks (underline for new text and strike out for deleted text). 3.2 REVISIONS TO THE DRAFT EIR SECTION 1 .2 RESPONSIBLE AND TRUSTEE AGENCIES Page 1.0-1: The following agencies have been identified as potential responsible, trustee, or interested agencies with a direct or indirect interest in the project: • California Department of Transportation, District 8 • California Department of Fish and Wildlife, Region 6 • Regional Water Quality Control Board, Region 9 • US Army Corps of Engineers • South Coast Air Quality Management District • US. Fish and Wildlife Service SECTION 2.4 REQUIRED APPROVALS Page 2.0-30 In addition to the above City actions, the project will require an encroachment permit from the California Department of Transportation (Caltrans) for any work undertaken within its jurisdiction of the State Route 79 right-of-way (Temecula Parkway). Finally, the project may require approvals, permits, and entitlements from other public agencies for which this EIR may be used, including, without limitation, the following: • California Department of Fish and Wildlife, Region 46 • Regional Water Quality Control Board, Region 59 • South Coast Air Quality Management District • State Water Resources Control Board • US Army Corps of Engineers • US Fish and Wildlife Service City of Temecula Temecula Gateway Project Final Environmental Impact Report 3.0-1 3.0 REVISIONS TO THE DRAFT El SECTION 3.2 AIR QUALITY Page 3.2-9: The following is a list of noteworthy SCAQMD rules that are required of the proposed project during construction activities: • Rule 201 (Permit to Construct) - This prohibits the building, erection, installation, alteration, or replacement of any equipment that might cause the issuance of air contaminants or that might eliminate, reduce, or control the issuance of air contaminants without first obtaining written authorization for such construction from the SCAQMD. A permit to construct remains in effect until the permit to operate the equipment for which the application was filed is granted or denied, or the application is canceled. • Rule 402 (Nuisance) - This rule prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. This rule does not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. Page 3.2-10: The following is a list of noteworthy SCAQMD rules that are required of the proposed project during project operations: • Rule 203 (Permit to Operate) - This rule prohibits the operation or use of any equipment that might cause the issuance of air contaminants, or might reduce or control the issuance of air contaminants, without first obtaining a written permit to operate from the SCAQMD. • Rule 461 (Gasoline Transfer and Dispensing) - This rule applies to the transfer of gasoline from any tank truck, trailer, or railroad tank car into any stationary storage tank or mobile fueler, and from any stationary storage tank or mobile fueler into any mobile fueler or motor vehicle fuel tank. • Rule 1401 (New Source Review of Toxic Air Contaminants) - This rule specifies limits for maximum individual cancer risk (MICR), cancer burden, and noncancer acute and chronic hazard index (HI) from new permit units, relocations, or modifications to existing permit units which emit toxic air contaminants. SECTION 3.5 CULTURAL AND PALEONTOLOGICAL RESOURCES Page 3.5-12 (and corresponding Executive Summary Table ES -2 on page ES -5): Mitigation measure MM 3.5-2 is revised as follows: MM 3.5.2a During any ground disturbing activities, a member of the Pechanga Tribe and a certified archaeologist will be required to monitor. If during grading or construction activities cultural resources are discovered on the project site, work shall be halted immediately within 50 feet of the discovery and the Temecula Gateway Project City of Temecula Final Environmental Impact Report 3.0-2 3.0 REVISIONS TO THE DRAFT EIR resources shall be evaluated by a qualified archaeologist and the Pechanga Tribe (Tribe). The developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Any unanticipated cultural resources that are discovered shall be evaluated and a final report prepared by the qualified archaeologist. The report shall include a list of the resources discovered, documentation of each site/locality, and interpretation of the resources identified, and the method of preservation and/or recovery for identified resources. In the event the significant resources are recovered and if the qualified archaeologist and the Tribe determine the resources to be historic or unique, avoidance and/or mitigation would be required pursuant to and consistent with CEQA Guidelines Sections 15064.5 and 1 51`2-44 and Public Resources Code Section 21083.2. Prior to beginning project construction, the project applicant shall retain a City of Temecula -approved archaeologist to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation in consultation with the Pechanga Tribe. This mitigation measure shall be incorporated in all construction contract documentation. Timing/Implementation: During ground disturbing Prior to construction activities Enforcement/Monitoring: City of Temecula Community Development Department Page 3.5-12 is revised as follows: MM 3.5.2b MM 3.5.2c The qualified archeologist or an archaeologist working under the direction of the qualified archeologist, along a representative designated by the Pechanga Tribe, shall conduct pre -construction cultural resources worker sensitivity training to inform construction personnel of the types of cultural resources that may be encountered, and to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery. The applicant shall ensure that construction personnel are made available for and shall attend the training and retain documentation demonstrating attendance. Timing/Implementation: Prior to construction activities Enforcement/Monitoring: City of Temecula Community Development Department At least 30 days prior to beginning project construction, the project applicant shall contact the Pechanga Tribe to notify the tribe of grading, excavation, and the monitoring program, and to develop a Cultural Resources Treatment and Monitoring Agreement between the applicant/developer and the tribe. The agreement shall address the treatment of known cultural resources, the designation of responsibilities, and participation of professional Native American tribal monitors during grading, excavation, and ground -disturbing City of Temecula Temecula Gateway Project Final Environmental Impact Report 3.0-3 3.0 REVISIONS TO THE DRAFT El MM 3.5.2d MM 3.5.2e MM 3.5.2f activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Timing/Implementation: Enforcement/Monitoring: At least 30 days prior to commencement of construction activities City of Temecula Community Development Department Prior to beginning project construction, the project archaeologist shall file a pre -grading report with the City of Temecula (if required) to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in mitigation measure MM 3.5.2c, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation, and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. Timing/Implementation: Prior to commencement of construction activities Enforcement/Monitoring: City of Temecula Community Development Department All cultural materials which are collected during the grading monitoring program and from any previous archaeological studies or excavations on the project site, with the exception of sacred items, burial goods, and human remains, which will be addressed in the Treatment Agreement referenced in mitigation measure MM 3.5.2c, shall be tribally curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to the Pechanga Tribe's curation facility which meets the standards set forth in 35 CRF Part 79 for federal repositories. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Timing/Implementation: During construction activities Enforcement/Monitoring: City of Temecula Community Development Department If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the developer, the project archaeologist, and the tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to California Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the developer, the project archaeologist, and the tribe cannot agree on the significance of the Temecula Gateway Project City of Temecula Final Environmental Impact Report 3.0-4 3.0 REVISIONS TO THE DRAFT EIR mitigation for such resources, these issues will be presented to the Planning Director of the City of Temecula for decision. The Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or the City Council. Timing/Implementation: During construction activities Enforcement/Monitoring: City of Temecula Community Development Department SECTION 3.10 NOISE Page 3.10-23, 1st paragraph Per the Municipal Code, construction activities would be limited to between the hours of 6:30 pa.m. and 7:00 Gp.m. Monday through Friday, and between 7:00 a.m. and 6:30 p.m. on Saturday. Further, Section 9.20.060 of the City's Municipal Code prohibits construction activity on Sundays and nationally recognized holidays. Page 3.10-29, 3rd paragraph Per the Temecula Municipal Code, construction activities would be limited to between the hours of 6:30 pa.m. and 7:00 €p.m. Monday through Friday, and between 7:00 a.m. and 6:30 p.m. on Saturday. Further, Municipal Code Section 9.20.060 prohibits construction activity on Sundays and nationally recognized holidays. SECTION 3.12 PUBLIC SERVICES AND UTILITIES Page 3.12-25, 1st paragraph: The project will connect to the Eastern Municipal Water District (EMWD) for wastewater disposal and recycled water. In order to provide wastewater disposal for the proposed project, wastewater infrastructure must be extended from the existing 8 -inch sewer pipe under La Paz Road west of Temecula Parkway to the project site. The proposed connection would include the undergrounding of an 8 -inch sewer pipe from the southern border of the project site approximately 550 feet within both the La Paz Road right-of-way and the Temecula Parkway right-of-way to the existing facilities west of the project site. Page 3.12-28 (and corresponding Executive Summary Table ES -2 on page ES -5): Impact 3.12.6.1 While implementation of the proposed project will generate increased amounts of solid waste that will need to be disposed of in landfills or recycled, the proposed project is consistent with the current land useplanned urban type development of the project site anticipating the increased waste generation. This impact is considered Tess than significant. There are no other revisions to the Draft EIR. City of Temecula Temecula Gateway Project Final Environmental Impact Report 3.0-5 3.0 REVISIONS TO THE DRAFT El This page intentionally left blank. Temecula Gateway Project City of Temecula Final Environmental Impact Report 3.0-6 APPENDIX A RESTAURANT EXHAUST POLLUTION/ODOR CONTROL SYSTEMS ass Filte Introduction Air quality is a major concern in many large cities world wide, particularly in America. As a result, many commercial kitchens will require pollution control equipment in their exhaust systems to comply with the increasing demands of environmental control agencies. In addition, pollution control equipment is being used for other reasons such as kitchens in high-rise buildings to al- low the exhaust to discharge out the side of the structure saving the cost of running the duct up many floors to the roof. Smoke pollution control, in kitchen exhaust systems, has typically been accomplished by any one of the following methods: gas fired incinerators, scrubbers, filtration units or electrostatic pre- cipitators (ESP). Incinerators literally burn the pollutants and, while effective, can be very costly and hazardous to operate. Scrubbers consist of a water bath and extraction baffles to remove the pollut- ants and though quite effective on grease removal, they typically require the addition of high efficiency filters to abate smoke below control agencies' standards. Filtration units use a series of im- pingement filters to remove the pollutants and done properly can be quite effective on both smoke and grease. Gaylord Industries, Inc. has manufactured Pollution Control Equipment specifically designed for commercial kitchen ex- haust systems since the early 1970's, longer than any other manufacturer. This experience has made us acutely aware of the special engineering operational and maintenance consid- erations to ensure the most efficient and cost effective design. Gaylord Industries manufactures two types of pollution control equipment, the TPF Series (triple pass filter) detailed in this brochure and the ESP Series (electrostatic precipitator) de- tailed in the ESP Series brochure. The TPF Series removes smoke particulates by mechanical filtration, using a series of high efficency filters, and the ESP Series removes smoke par- ticulate by high-voltage ionization using electrostatic cells. Both units are available with odor control and built-in exhaust fan. ESP units have a higher first cost than TPF units however, filtra- tion units require frequent replacement of filters thereby gener- ating additional costs in materials, labor and filter disposal. Basic Facts About Smoke Smoke particles are extremely small and not visible to the hu- man eye unless thousands of them are grouped together to form what we see as smoke. Individual particles are measured in units called microns and one micron equals 1/25,400 of an inch. Smoke generated by commercial cooking equipment has a particulate size of between 0.3 and 0.8 microns and it is these very small particles that smoke abatement equipment must remove from the airstream. The amount of smoke discharging from a kitchen exhaust duct is measured in terms of its density, referred to as opacity—the degree to which emissions block light. A 100% opacity level would be solid black and 0% would be perfectly clear. Control agencies that have adopted smoke pollution ordinances are requiring an opacity level of no more than 20%, which is a very light blue smoke. Typically, heavy smoke producing equipment such as charbroil- ing, creates an opacity level of 60% to 70%. Opacity readings are taken by the human eye by viewing the smoke being dis- charged and then assigning a percentage of opacity to what is seen. Though this method is quite subjective, it is the method practiced by control agency inspectors who are trained and certified in determining opacity percentages. 2 Other more technical methods of determining opacity or particu- late density are achieved through the use of opacity meters and cascade impactors. This level of analysis is usually referred to as source testing. Control agencies occasionally require this type of analysis and if so, the testing is conducted by state certified con- tractors, which can be quite costly and time-consuming. The effi- ciency of a pollution control unit is based on how well it reduces the opacity level of a given airstream. The Gaylord ClearAir ESP Series unit will reduce the opacity level below 20%, thereby meeting the requirements of environmental control agencies. Basic Facts About Odor Cooking odors (molecules) generated by the combustion of animal and vegetable matter result in an extremely complex mixture of reactive organic gases (ROG's). A small percentage of these odors may be absorbed by the grease particles but the vast majority exists separately in the airstream. The ROG mol- ecules are much too small to be removed by any type of filter and therefore, other methods must be used. The three common meth- ods of abating odor are 1) the use of activated charcoal, which absorbs and retains the odor molecules, 2) the use of an odor - oxidant (potassium permanganate) which oxidizes the molecules to solids and then retains them and 3) a spray odor neutralizer system. Activated charcoal media, while less expensive than odor - oxidant media, is not a popular choice, as charcoal is highly flam- mable and when it becomes fully saturated, begins to desorb and release odors. Odor -oxidant media is very effective, is not flammable and will not release odors. In either case, once the abatement media is saturated the media must be replaced. The life of the media is dependent upon several factors such as how much media is used, type of odor, amount of odor molecules, grease loading and air temperature. Spray odor control neutral- izes the odor by adsorption and is typically non-toxic and biode- gradable and is the least expensive initially and operationally. Typically, either of the above mentioned types of odor control can remove 85% – 90% of the molecules depending upon the type of cooking. Determining the efficiency of odor control can be very subjective, as testing is usually conducted by the hu- man nose. More scientific testing is available through ROG analysis, but this involves considerable costs. Gaylord Industries offers spray odor control as the standard method and a media bed of 50/50 potassium permanganate and carbon blend. Grease Removal — The Important First Step Grease particles are also measured in terms of microns and grease generated by commercial cooking equipment varies in particulate size from sub -micron to 10 microns and up. Pollution control equipment is not limited to removing smoke particles, but will also remove a majority of the grease particles remaining in the airstream. Therefore, the grease extraction efficiency of the exhaust hood plays an important role in the operation and performance of pollution control equipment. Removal of grease particles before they reach smoke and odor control equipment will significantly increase the smoke abate- ment efficiency and the life of the odor abatement media if me- dia type is used. It is highly recommended that a Gaylord GX2 or CG3 Series Ventilator be used with the ClearAir unit as it has a grease extraction efficiency of 90% and 95% respectively. Other high efficiency exhaust hoods may be used with the ClearAir unit. Contact Gaylord Industries for details. ClearAir Unit Description The Gaylord "ClearAir" TM Pollution Control unit, TPF Series, is designed specifically for the removal of smoke particles from the air stream of commercial kitchen exhaust systems and to eliminate or reduce odor to an acceptable level if equipped with the optional odor control section. The ClearAir Unit is designed for use with a Gaylord high efficiency water -wash or cartridge extractor ventilator but may be used with other high efficiency exhaust hoods. In general, use of any pollution control equip- ment with baffle filter style hoods is not recommended. The typical ClearAir Unit includes a smoke control, odor control and exhaust fan section and is available in sizes ranging in capac- ity from 2000 CFM to 32,000 CFM. The ClearAir Unit is of heavy duty construction and is suitable for indoor or outdoor installations. Smoke Control Section Smoke control consists of a three phase, (triple pass) filter system. Phase one filters are a 4" deep pleated filter with an average efficiency of 25% to 30%. Phase two filters are a deep bag type with an average efficiency of 90% to 95%. Phase three filters are a 12" deep high efficiency filter rated at 95% on 0.3 Micron particles (DOP smoke test). Odor Control Options The standard odor control offered is a spray odor control system using Gaylord Formula GS -710 that neutralizes odors by ad- sorption. GS -710 is specifically formulated to chemically neutral- ize organic compounds and bacteria found in kitchen exhaust. It is non-toxic, non -caustic, biodegradable, and people safe. The spray system is mounted in a cabinet on the side of the unit and includes a control system, a high pressure spray pump to atomize the solution and a 5 gallon container. The spray control is adjustable for continuous or intermittent operation as deter- mined by the amount of odor control required. The second option is a media bead of 50/50 potassium per- manganate and carbon blend. When heavy and extra heavy Fan Electrical Box Fan Access Formed Galvanized Steel Base duty cooking equipment is involved, a double pass media bed is required. The life of the media is dependent upon several factors such as the type of odor, amount of odor molecules, grease loading and air temperature. The media bed has a slightly better performance than spray odor control. Refer to the specifications on page 6 for further details. Exhaust Fan Options An exhaust fan may be provided as an integral part of the ClearAir unit as illustrated on the following pages. The fan may be a utility set with upblast discharge or a tubular centrifugal type for discharge out the end of the unit. Refer to the specifications on page 7 for further details. Controls and Monitoring A filter monitoring panel, Model FM -100, is supplied for the operation and monitoring of the unit. The panel is constructed of 18 gauge stainless steel and may be surface or recessed mounted. The panel would typically be located in the kitchen area and if a Gaylord Water Wash Ventila- tor is included as part of the ventilation system, that panel is incorporated with the Water Wash Control Panel. The panel contains the following indica- tor lights: • Fan On • Normal Air • Low Air • Replace Pre Filters • Replace Bag Filters • Replace Final Filters • Missing Filter • Fire in Unit TYPICAL CLEARAIRTM UNIT TPF SERIES 16 Gauge Steel Housing AMCA Certified Heavy Duty Exhaust Fan Phase Three — Final Filter H -10"--H7" 30" FILTER MONITORING STATION FM -100 Phase Two — Bag Filter Spray Odor Control Final Filter Access Bag Filter Access Lifting Lugs Pre Filter Access Phase One — Pre Filter Unit illustrated with optional Spray Odor Control and Housed Exhaust Fan 3 y7/7/ 3 WIRES 120 VAC 20 AMP SERVICE FM -100 FILTER MONITORING STATION 2 WIRES TO MAKE-UP AIR FAN (0 required) CONTROL WIRES ELECTRICAL SERVICE FOR EXHAUST FAN GAYLORD CLEARAIR UNIT t DISCHARGE FAN ELECTRICAL BOX FINAL FILTER ACCESS BAG FILTER ACCESS PRE FILTER ACCESS Hit II n Li L VENTILATOR TYPICAL SCHEMATIC NON WATER WASH VENTILATOR WITH FM -100 FILTER MONITORING STATION SERVING THE CLEARAIR UNIT rill i7iiiiiii i////7/ EXHAUST FAN ACCESS SPRAY ODOR CONTROL ILLUSTRATION 1 3 WIRES 120 VAC 20 AMP SERVICE WATER WASH CONTROL CABINET 2 WIRES TO MAKE-UP AIR FAN (If required) CONTROL WIRES ELECTRICAL SERVICE -\ FOR EXHAUST FAN GAYLORD CLEARAIR UNIT FCONTROL WIRES COMMAND CENTER -- Controls ventilator and ClearAir / functions FM -100 FILTER MONITORING STATION HOT WATER INLET 4 t DISCHARGE FINAL FILTER ACCESS BAG FILTER ACCESS PRE FILTER ACCESS HOT WATER LINE TO VENTILATOR - 1" DRAIN 66 ©I J. nu Li WATER WASH VENTILATOR ,- VENTILATOR DRAIN TYPICAL SCHEMATIC WATER WASH VENTILATOR WITH WATER WASH CONTROL CABINET AND FM -100 FILTER MONITORING STATION SERVING THE WATER WASH VENTILATOR AND THE CLEARAIR UNIT SPRAY ODOR CONTROL FAN ELECTRICAL BOX EXHAUST FAN ACCESS ILLUSTRATION 2 KEY RSPC = Remote Smoke Pollution Control PF = 30% Pre Filter BF = 95% Bag Filter FF = 99% Final Filter SPO = Spray Odor EF = Exhaust Fan — Un -housed EFH = Exhaust Fan — Housed C = Centrifugal Exhaust Fan T = Tubular Exhaust Fan => PF BF FF SPO Vim El 1r nn EF -C RSPC-TPF-SPO-EF-C SMOKE CONTROL WITH SPRAY ODOR AND UN -HOUSED EXHAUST FAN TYPICAL CONFIGURATIONS => n nn • PF BF FF PF BF FF SPO RSPC-TPF SMOKE CONTROL • I^nn PF BF 1-- 4 0 FF SPO EFH-C RSPC-TPF-SPO- EFH-C SMOKE CONTROL WITH SPRAY ODOR AND HOUSED CENTRIFUGAL EXHAUST FAN RSPC-TPF-SPO SMOKE CONTROL WITH SPRAY ODOR => ❑I. => nom+ PF BF FF SPO EF -T RSPC-TPF-SPO-EF-T SMOKE CONTROL WITH SPRAY ODOR, AND UNHOUSED TUBULAR EXHAUST FAN NOTES 1."D" dimension is either 3/4" or 12" depending if an Ansul fire system is used. If a water spray fire system is used or if no fire system is installed, "D" dimension = 3/4" 2. SO = Single Pass Media Bed Odor Control DO = Double Pass Media Bed Odor Control 3. A Plenum Section is required for the Spray Odor option 4. Varies with Size of Exhaust Fan E 3.5" Typ. t rill DIMENSIONAL DATA PLAN VIEW 1` 13" SPRAY ODOR OPTION (SPO) ELECTRICAL BOX rui D E -I - • - k. -- G -I - H -I SMOKE CONTROL SECTION TPF ODOR SECTION PLENUM SO OR DO ONLY SECTION ELEVATION SECTION EXHAUST FAN SECTION Elevation Section View Dimensions Plan View Dimensions Max. CFM Filter Configuration W x H A B C 2000 1 x 1 29 23 42 4000 2 x 1 53 47 N/A 6000 3 x 1 77 71 N/A 8000 2 x 2 53 47 N/A 12000 3 x 2 77 71 N/A 16000 4 x 2 101 95 N/A 18000 3 x 3 77 71 N/A 24000 3 x 4 77 71 N/A 24000 4 x 3 101 95 N/A 32000 4 x 4 101 95 N/A ODOR SECTION PLENUM SO OR DO ONLY SECTION ELEVATION SECTION EXHAUST FAN SECTION Elevation Section View Dimensions D E F G Note 3 H Note 4 J K L No Ansul With Ansul SO Note 2 DO Note 2 0.75 12 50 33 50 36 42 39 26 50 0.75 12 50 33 50 36 42-54 39 26 50 0.75 12 50 33 50 36 54 39 26 50 0.75 12 50 33 50 36 70 65 52 70 0.75 12 50 33 50 36 70-78 65 52 80 0.75 12 50 33 50 36 70-78 65 52 85 0.75 12 50 33 50 36 90 91 78 91 0.75 12 50 33 50 36 90 117 104 117 0.75 12 50 33 50 36 90 91 78 91 0.75 12 50 33 50 36 90-92 117 104 117 All dimensions in inches 5 1110 SPECIFICATIONS General Furnish one (1) Gaylord ClearAir Pollution Control Unit model RSPC-TPF series as manufactured by Gaylord Industries Inc. of Tualatin, Oregon in accordance with the following: The pollution control unit shall consist of a smoke control sec- tion, odor control section (optional) and an exhaust fan section (optional) all built on a common base as an integral unit. Smoke control shall be accomplished by a three stage high efficiency filter section (TPF). The unit shall be ETL listed and labeled. Smoke Control Section The smoke control section shall have three phases of filters The filters shall consist of replaceable 30% pre -filter, 95% bag filter and a replaceable 99% final filter. Replaceable filters shall be mounted in filter slide tracks to prevent air bypass around the ends of the installed filter bank. Filters shall be accessed through removable side access panels with lift and turn latches. Phase one filters shall have an average efficiency of 25 to 30% and an average arrestance of 90 to 92% in accordance with ASHRAE test standard 52.1-1992. Media support grid shall be on 1" centers with an open area 96%. Filter enclosing frame shall be a rigid, high wet strength beverage board, with diago- nal support members 4" deep. Phase two filters shall have an average efficiency of 90 to 95% in accordance with ASHRAE test standard 52.1-1992. Sealing surface and pocket retainers shall be configured to provide 84% open area. Seams in bag filters shall be sealed with foamseal adhesive to completely eliminate air leakage through stitch holes. Phase three filters shall be 95% efficient on .03 micron par- ticles (DOP smoke test), 97% efficient on nebulized staphylo- coccus aerosols, 99+% efficient on atmospheric test dust (ASHRAE standard 52.1-92). The casing shall be 16 gauge steel with corrugated aluminum separators to insure media stability. Media shall be fine -fiber, high strength microfiberglass paper. Media end cuts shall be encapsulated in urethane pot- ting adhesive. A thermostat, set at 250° F, shall also be located in the filter section to shut down the exhaust fan in the event of a fire. ❑ Optional Fire Damper for use in Canada The unit shall include a UL listed fire damper, with a 280° F fusible link, located downstream of the filters to prevent pas- sage of fire to the duct downstream of the unit Filter Monitoring Panel A monitor panel, for remote location, shall be supplied for the operation and monitoring of the unit. The panel shall be con- structed of 18 gauge stainless steel, number 4 finish, and be suitable for surface or recessed mounting. The panel face shall be a gasketed hinged door with a lift and turn flush latch. The panel shall include an air proving time delay, relays and indicator lights to continuously monitor the unit. Indicator lights shall be "Fan On", "Normal Air", "Low Air", "Replace Pre -Fil- ters", "Replace Bag Filters", "Replace Final Filter", "Missing Filter", and "Fire In Unit". An audible alarm, with an alarm cancel button, shall be included and shall activate whenever 6 the unit status is low air, replace filters, missing filters or fire in the unit. Status other than "Fire In The Unit" shall not shut down the exhaust fan. Specifier Note: If the ClearAir unit is used in conjunction with a water wash ventilator, the monitor panel is built into the main water wash control cabinet model GPC -6000 series. Odor Control Options ❑ Media bed of 50/50 Blend Potassium Permanganate and Carbon Blend The unit shall be provided with odor control utilizing a media bed of 50% potassium permanganate 50% carbon blend. The odor removal media shall be housed in slide out reusable steel modules. There shall be a 30% pleated media after filter located immediately downstream of the odor control media. Replaceable filters shall be mounted in filter slide tracks to prevent air bypass around the ends of the installed filter bank. The odor control media and after filters shall be removable through side access doors with lift and turn latches. El Spray Odor Control The unit shall be provided with a spray odor control system utilizing an odor neutralizer chemical. The odor spray control cabinet shall be mounted on the side of the unit and shall contain a liquid spray compressor piped to the spray nozzle in the fan plenum, adjustable delay timers with fuse protected circuitry factory wired to the unit electrical panel. The cabinet shall include one 5 gallon container of Gaylord Formula GS - 710 Odor Neutralizer. The cabinet shall contain a heater to prevent freezing of the odor neutralizer, Exhaust Fan Options ❑ Exhaust Fan (Standard Centrifugal Fan) The unit shall include a centrifugal exhaust fan. The exhaust fan shall be an SWSI upblast arrangement #9 or #10 with a non -overloading BI, AF or FB wheel. The motor, drives, bearings and fan mounting base shall be located out of the exhaust air stream as required by the IMC (International Mechanical Code) and NFPA-96. The fan shall be AMCA certified and bear the AMCA seal for performance. The fan housing shall be constructed of heavy gauge steel. The fan bearings shall be heavy duty self - aligning pillow block type rigidly mounted on heavy structural steel supports. The motor shall be ODP three phase mounted on a common base with the fan and shall be pre -wired to the electrical cabinet located on the unit. The electrical cabinet shall include a disconnect switch, motor starter, overloads and fuses. The factory provided drive assembly shall be adjustable pitch on 5 HP and smaller, fixed pitch on 7.5 HP and larger. It shall also be sized for a minimum 1.5 service factor. After final system balancing, fixed pitch sheaves shall be provided and installed by the air balancing contractor to provide proper flow at actual installed conditions. ❑ Exhaust Fan (Optional Tubular Fan) The unit shall include a tubular centrifugal exhaust fan. The exhaust fan shall be an arrangement #10 with a non -overload- ing BI, AF wheel. The motor, drives, bearings and fan mounting base shall be located out of the exhaust air stream as required by the IMC (International Mechanical Code) and NFPA-96. The fan shall be AMCA certified and bear the AMCA seal for perfor- mance. The fan housing shall be constructed of heavy gauge SPECIFICATIONS steel. The fan bearings shall be heavy duty rigidly mounted on heavy structural steel supports. The motor shall be ODP three phase mounted on a common base with the fan and shall be pre -wired to the electrical cabinet located on the unit. The elec- trical cabinet shall include a disconnect switch, motor starter, overloads and fuses. The factory provided drive assembly shall be adjustable pitch on 5 HP and smaller and fixed pitch on 7.5 HP and larger. It shall also be sized for a minimum 1.5 service factor. After final system balancing, fixed pitch sheaves shall be provided and installed by the air balancing contractor to provide proper flow at actual installed conditions. ❑ Exhaust Fan Housing The exhaust fan section of the unit shall be enclosed with the same material as the smoke control section. There shall be a removable panel for access to the fan. Unit Construction The unit housing shall be constructed of a minimum of 16 gauge G90 bright galvanized steel. The perimeter base shall be 12 gauge formed channel with lifting lugs at each corner and along the length as required. The internal housing shall be externally welded liquid tight for compliance to the Interna- tional Mechanical Code and NFPA-96 grease duct construc- tion requirements. Fire Extinguishing system options Specifier Note: NFPA-96 requires a fire extinguishing system for protection of the smoke and odor control sections and pro- tection of the duct down stream of any filters or dampers. Not all authorities having jurisdiction require protection. Check with your AHJ. If required, specify one of the following systems. ❑ Wet chemical system Provide a complete factory mounted Ansul wet chemical fire extinguishing system, including nozzles piping and detection runs. Pipe penetrating the unit cabinet shall use a UL listed fitting. System shall be installed in accordance with the systems listing and NFPA-96. The Ansul Automan cabinet shall be mounted on the side of the unit for easy access, certification and service. ❑ Water spray sprinkler fire system Specifier Note: Units that are located indoors may be factory pre -piped for a wet pipe building sprinkler system. Provide a pre -piped water spray fire system installed in accor- dance with NFPA-96. The unit shall be piped with one pendent type sprinkler nozzle located in the smoke control section, one in the odor control section, if equipped with 50/50 media bed, and one in the exhaust fan section for interconnection to the building sprinkler system by the appropriate trades. Pipe pen- etrating the unit cabinet shall use a UL listed fitting. Nozzles shall be the bulb type rated at 325° F. Check out and Demonstration Upon completion of installation, the entire pollution control sys- tem, including the kitchen exhaust hoods, shall be commis- sioned by a factory certified service technician. Start-up shall include checking all filters, filter monitoring station, odor con- trol and exhaust fan. The appropriate maintenance personnel shall be given a technical manual and a complete demonstra- tion of the system, including operation and maintenance pro- cedures. Upon completion of the commissioning, a detailed start-up report shall be made available to the architect and owner certifying proper system operation. Changes required in fan drive components shall be performed by the air balancing contractor per instruction of the Gaylord start-up technician. 7 GAYLORD CLEARAIRTM FEATURES Constructed specifically to meet kitchen exhaust duct standards 16 Gauge all welded exterior housing 99% Efficient three phase filter system State -of -the -Art optional spray odor control system Heavy duty exhaust fan with motor, drives, and bearings located outside the air system Stainless steel monitoring panel to monitor all major components Suitable for indoor or outdoor installation Unit may be shipped in one piece or in sections to facilitate entry and installation GAYLORD CLEARAIRTM BENEFITS • Single source responsibility when Gaylord Ventilators are used guaranteeing compatibility between the two systems • Pre-engineered for the most efficient and cost- effective systems • Listed by ETL Testing Laboratories, assuring acceptance by local building officials Service network of over 100 factory trained agencies responding to your service needs 30 years of experience in the engineering, design and manufacturing of pollution control equipment specifically for commercial kitchen exhaust systems One year parts and labor warranty Over 55 years of experience in kitchen ventilation has made us acutely aware of the special engineering and operational considerations necessary for the proper design of pollution control equipment in kitchen exhaust systems. Each ClearAir unit is designed for the specific application, guaranteeing the most efficient and cost effective system. Fan Electrical Box Fan Access Formed Galvanized Steel Base TYPICAL CLEARAIRTM UNIT TPF SERIES 16 Gauge Steel Housing AMCA Certified Heavy Duty Exhaust Fan Phase Three — Final Filter Phase Two — Bag Filter Spray Odor Control Final Filter Access Bag Filter Access Lifting Lugs Pre Filter Access For More Information: Phone: Fax: Toll Free: email: (503) 691-2010 (503) 692-6048 (800) 547-9696 info@gaylordusa.com GAYLORD® is a registered trademark of Gaylord Industries, Inc. ClearAireTN, is a trademark of Gaylord Industries, Inc. "Expand-O-Cell"TM is a trademark of Gaylord Industries, Inc. Form No. GBTPF-8-03/30675 Phase One — Pre Filter Unit illustrated with optional Spray Odor Control and Housed Exhaust Fan Web site: www.gaylordusa.com Write: Gaylord Industries, Inc. P.O. Box 1149 Tualatin, Oregon 97062-1149 U.S.A. © Copyright 2003, Gaylord Industries, Inc. Litho USA cc: Luke Watson October 4, 2016 To: Ron Guerriero, Chairman, Temecula Planning Commission John Telesio, Vice -Chair Gary Youmans, Commissioner Gary Watts, Commissioner Lanae Turley-Trejo, Commissioner Copy: Mayor Michael Naggar Temecula City Council From: Robert and Leslie Monsour, rmlwl@yahoo.com OC , L1 /6 N Subject: Proposed zoning change and development of lot at La Paz Road and Temecula Park- wa y Dear Planning Commission Members: We are writing today to ask that you do not approve the requested zoning change from Pro- fessional Office to Community Commercial for the lot at La Paz and Temecula Parkway. We also wish to express our strong disapproval of the proposed strip mall/commercial develop- ment. Our child is a student at the school immediately adjacent to the lot described above (Murrieta Middle School Academy). There is also a preschool on the same grounds. We first learned of the proposed development one day ago. Honestly, it was almost unbelieva- ble to hear that anyone would consider it a good idea to build a gas station and liquor store next to a school. There are a number of serious problems with this plan: 1. Gas stations - no matter how "well-built- create serious environmental hazards with alarm- ing frequency. Children are especially susceptible to harm. Please see the following Scien- tific American article for examples (http:llwww.scientificamerican.comlarticielis-it-safe-to- lii -n r taiitir'i/) 2. Most AM/PM liquor stores are open 24 hours. This means people will be buying liquor in the middle of the night next door to a school with a large, accessible parking lot. What could possibly go wrong? 3. Although we understand that the new strip mall will not be accessed via Vallejo, people will still use Vallejo as a throughway to access the site. This will add even more congestion to the street our school is on than your new Ride Share lot will. Children walking, parents driv- ing their kids to school, people rushing to get to their new 24 Hour Fitness and liquor store again, what could possibly go wrong? 4. Gas stations and convenience stores are frequent targets for robbery and other crimes. You will be putting a "watering hole" for criminals next to a school and pre-school. Commissioners, can any of you think of another gas station/liquor store built adjacent to a school in Temecula? I'm going to go out on a limb and guess you can't. I've been looking for the last day and haven't found one yet. The reason for this is clear -it's a staggeringly bad idea that flies in the face of all common sense. So bad, in fact, we question whether it is in fact legal un- der the current regulatory framework. Moreover, there, is already a gas station directly across the street, arid a 24 Hour Fitness a mile away This new prnjed simply does not meet a strong enough need to justify the negative im- partit will have orrpur school and children. As wrO mentioned, we only learned of this plan one day ago. The few parents we have had a chance to speak with had never heard of it, nor had the school staff we spoke with. This seems -Hke a glaring oversight and is truly unfair to all of us at the school who care deeply about our children's safety. We therefore ask that you at least delay your decision on the proposed zoning change in order to allow our parents and staff time to submit their comments to you. it is imperative that you provide time for fair and open public participation in this process that is of vital interest to us and our students. In addition, we would like to mention that it's our sense that a project fitting the current Profes- sional Office zoning would likely meet with little resistance. A busy strip mall with alcohol and gasoline and all the attendant problems is a far different thing than an office building or office park. We are also extremely concerned that you are considering changing the zoning of this lot to fit a particular project, rather than rE.,,quiring the project to comply with the current zoning designation. This type of action renders zoning laws meaningless, and shows residents that they cannot rely on their representatives to enforce the city's zoning plan. Commissioners, we understand that you probably want to move forward with this project. How- ever, it is your duty to consider the health and safety of children who will be impacted by pro- jects you approve. It is also your duty to allow public comment on projects under your consid- eration. The parents of our school have not been informed, and we have not had adequate (or any) time to review the proposal and prepare comments. Our hope would be that you would put our childrens' safety first, and vote to permanently disal- low the zoning change from Professional Office to Community Commercial. If, however, you are unwilling to do so, we request that you at least table the vote until next month's meeting. Please demonstrate your willingness to be open transparent, and to hear from the public. Sincerely, Leslie and Robert Monsour Eric Jones From: Sent: To: Subject: Wayne Teece < WTeece@wtpe.com > Wednesday, October 05, 2016 4:09 PM Eric Jones RE: Email Address Eric, my Wife Kim L. Teece and 1, Wayne E. Teece both vote absolutely NO. We have lived here 15 years and the tract we bought in has been slowly degraded by these changes to our CCRR's. From: Eric Jones [mdlIto:er 1cjon s©atemeculac ov.] Sent: Wednesday, October 5, 2016 4:06 PM To: Wayne Teece Subject: Email Address Hello Mr. Teece, Feel free to reply to this email. Thank you, Eric Jones Associate Planner City of Temecula (951) 506-5115 eric,jones@cityoftipmecula.on Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 1 Eric Jones From: Sent: To: Subject: Attachments: Hi Eric, Bob Brooks <bobbrooksbb@verizon.net> Thursday, October 20, 2016 2:55 PM Eric Jones Planning Commission considering splitting existing four Lots into six Tots PA14-0167, PA14-2707, PA14-2708, PA14-2709, PA14-2710, PA14-2858, PA15-0985, PA16-0090 2008 Amendment to LRHOA CC&Rs limiting lot splits.pdf Thank you for your call back regarding the Public Hearing on the General Plan Amendment for the Temecula Gateway project. I have attached the 2008 Amendment to the Los Ranchitos Homeowners Association Covenants, Conditions and Restrictions. This amendment to our CC&Rs limits all subsequent lot splits within our homeowners association to yield a minimum of 23 acres in all resulting lots. This is an essential part of our CC&Rs to control commercial development in our 188 lot homeowners association. I believe the development agreement with the Temecula Gateway developers and the amendment now being voted upon by LRHOA members violates our existing CC&Rs. This is why I wanted the City to be aware of this conflict. Please give me a call or email me with any comments, questions or recommendations. I appreciate your time. Thank you, Bob Brooks 760-845-7290 botbrooksbh@vetizoiLnet 1 Case Nos: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula CITY COUNCIL to consider the matter described below: PA14-0167, PA14-2707, PA14-2708, PA14-2709, PA14-2710, PA14-2858, PA15-0985, PA16-0090 Tony and Amir Dehbozorgi and Sherrie Munroe A General Plan Amendment application to revise the General Plan designation of four parcels from Professional Office (PO) to Community Commercial (CC); a Zoning Amendment application to change the zoning from Professional Office (PO) to a Planned Development Overlay District ("PDO -14"); a Tentative Parcel Map application to create six parcels from four existing parcels; a Development Plan application for commercial structures totaling approximately 23,666 square feet of gas station, retail, office, and restaurant uses; a Minor Conditional Use Permit for a drive-thru; a Minor Conditional Use Permit to allow for a gas station selling alcohol and providing a car wash; a Sign Program; and a Development Plan application for a fitness facility totaling approximately 37,000 square feet. Generally located on the northwest corner of La Paz Road and Temecula Parkway. The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The proposed project will have three significant impacts upon the environment (temporary construction noise, greenhouse gas emissions, and traffic) based upon a completed Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Plan. As a result, a Statement of Overriding Considerations will be required in compliance with CEQA. Eric Jones, (951) 506-5115 City of Temecula, Council Chambers November 15, 2016 7:00 p.m. 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 — TemeculaCA.gov. 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 — TemeculaCA.gov — 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 Community Development Department, (951) 694-6400. REQUESTS TO SPEAK City Council Meeting 11/15/16 R .., CITY OF TEMECULA TO SPEAK I wish to speak on: Date: Public Commnt CITY COUNCIL / CSD / SARDA / THA ./ TPFA (Circle One) D O o s[_1 t" e N j Subect: l +I k- Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: \4Ns<2--\ ` 1 Address: Phone Number: * - If you are representing an or nization or group, lease give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: //// cS/-4 jxj Public Comment CITY COUNCIL / CSD / SARDA / THA / TPFA (Circle One) �-, Subject: nAgenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: I f2(zs If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Z REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Subject: Public Comment CITY COUNCIL / CSD / SARDA / THA / TPFA (Circle One) s (P R&5447— I SzdeU AsA, -414) c-kj ‘T) z C eece/Ke•-4 Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: Address: * Phone Number: If you are representing an organization or group, please give the name: -P' CI'1i G_ arf Of 41?swS C(k2 (3r- L t ATTeL--any 5445 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA / THA / TPFA (Circle One) Agenda Item No. For 17 I Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. - F AANsZ6w s��; Name: Address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: n Public Comment CITY COUNCIL / CSD / SARDA / THA / TPFA (Circle One) Subject: C EV Agenda Item No. Z- I For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: Address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: / )A-5//‘ Public Comment CITY COUNCIL / CSD / SARDA / THA / TPFA (Circle One) Subject: Agenda Item No. Z ( For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium ande go tyour name for } record. Name: / 71 Address: Phone Number: �- - If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.