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HomeMy WebLinkAbout062117 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 21, 2017 — 6:00 PM CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Next in Order: Resolution: 17-11 Gary Youmans Guerriero, Telesio, Turley-Trejo, Watts and Youmans A total of 15 minutes is provided for members of the public to address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form may be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form may be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of May 17, 2017 1 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Community Development Department application and must be accompanied by the appropriate filing fee. 2 Planning Application Number PA15-1158, a Major Modification to a Development Plan to allow for a phased revision of an existing structure that will include facade improvements, a reduction in the size of an existing use to allow space for additional uses, and a new approximately 3,808 square foot structure. PA16-0517, a Minor Modification to an existing Conditional Use Permit (CUP) for a dance hall that includes a reduction of the building area for the existing use and a revision to the previously approved hours of operation. The project is located at 28721 Old Town Front Street, Eric Jones RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1158, A MAJOR MODIFICATION FOR A DEVELOPMENT PLAN TO ALLOW FOR A PHASED REVISION OF AN EXISTING STRUCTURE THAT WILL INCLUDE FACADE IMPROVEMENTS, A REDUCTION IN THE SIZE OF AN EXISTING USE TO ALLOW SPACE FOR ADDITIONAL USES, AND A NEW APPROXIMATELY 3,808 SQAURE FOOT STRUCTURE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-073-025) 2.2 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0517, A MINOR MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (CUP) FOR A DANCE HALL THAT INCLUDES A REDUCTION OF THE BUILDING AREA FOR THE EXISTING USE AND A REVISION TO THE PREVIOUSLY APPROVED HOURS OF OPERATION AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-073-025) 2 3 Planning Application Number PA17-0261, a Finding of Public Convenience or Necessity for 99 Cents Only Stores Corporation to obtain a Type 20 (Off -Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road, Brandon Rabidou RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0261, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR 99 CENTS ONLY STORES CORPORATION TO OBTAIN A TYPE 20 (OFF -SALE BEER & WINE) ABC LICENSE FOR THE STORE LOCATED AT 40355 WINCHESTER ROAD (APN 920-080-003), AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 4 Planning Application No. PA17-0525, a Finding of Public Convenience or Necessity for Antro Latin Sports Lounge. A valid Conditional Use Permit (PA96-0168) for a Bar/Nightclub currently exists on the property, however the California Department of Alcoholic Beverage Control requires a Finding of Public Convenience or Necessity due to the business ownership change located at 27725 Jefferson Avenue, Suite 10, Scott Cooper RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0525, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR ANTRO LATIN SPORTS LOUNGE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-400 031) 5 Planning Application Nos. PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, Scott Cooper RECOMMENDATION: 5.1 Adopt a resolution entitled: 3 PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS AND A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD" (APNS 955-020-019, 955-020-018, 955-020- 012, 955-020-017) 5.2 Adopt a resolution entitled: PC RESOLUTION NO. 17- 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 A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-019, 955-020-018, 955-020-012, 955-020-017) (PA15-1886)" 5.3 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-018) (PA15-1885)" REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT 4 ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, July 5, 2017, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951) 694-6400. 5 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 17, 2017 — 6:00 PM Next in Order: Resolution: 17-09 CALL TO ORDER: Flag Salute: ROLL CALL: Chairperson Telesio (6:00 p.m.) Lanae Turley-Trejo led the Flag Salute Commissioners Present: Telesio, Turley-Trejo, Watts, and Youmans ABSENT: GUERRIERO Staff Present: Watson, Fisk, Marroquin, Thomas, Cooper, West, Rabidou, Peters, and Jacobo PUBLIC COMMENTS There were no public comments. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR APPROVED 4-0-1; MOTION BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS; GUERRIERO ABSENT 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of April 19, 2017 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report City of Temecula Page 2 Planning Commission - Regular Meeting Action Minutes May 17, 2017 6:00 — 6:50 p.m. COMMISSION BUSINESS 3 Long Range Planning Application Number LR17-0474, a Land Use Determination for Brewery Tasting Rooms within the Old Town Specific Plan area, Scott Cooper APPROVED 4-0-1; MOTION BY COMMISSIONER WATTS, SECOND BY COMMISSIONER YOUMANS; AYE VOTES FROM COMMISSIONERS TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS; GUERRIERO ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 17-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA MAKING A LAND USE DETERMINATION TO ALLOW BREWERY TASTING ROOMS AS A PERMITTED USE WHEN THE APPLICANT POSSESSES A TYPE 23 (SMALL BEER MANUFACTURER) ABC LICENSE AND A CONDITIONALLY PERMITTED USE WITH ANY OTHER TYPE OF ABC LICENSE WITHIN THE RESIDENTIAL/LIMITED MIXED-USE AND DOWNTOWN CORE/DOWNTOWN CORE -HOTEL OVERLAY DISTRICTS OF THE OLD TOWN SPECIFIC PLAN Michael Wagner, Old Town merchant, addressed the Planning Commission 4 General Plan Consistency Review of the Fiscal Year 2018-22 Capital Improvement Program (CIP) (LR17-0707), Dale West APPROVED 4-0-1; MOTION BY COMMISSIONER WATTS, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS; GUERRIERO ABSENT RECOMMENDATION: 4.1 That the Planning Commission review the Fiscal Year 2018-22 Capital Improvement Program (CIP) and make a determination that the projects included in the CIP are in conformance with the adopted City of Temecula General Plan. PUBLIC HEARING ITEMS 5 Planning Application Number PA17-0323, a Maior Modification to modify the previously approved Home Product Review for Arbor Vista including architecture, plot plans, plan mixes and removal of private street lights, for Tract 36479 located at the southeast corner of Nicolas and Via Lobo Roads (APNs 919-350-017, 018, 019, 020), Brandon Rabidou Planning Application Number PA17-0652, a Minor Exception to allow for a 5.7% front yard setback reduction (from 20' to 18.9') on lot 81 located within Tract 36479, Brandon Rabidou 2 City of Temecula Page 3 Planning Commission - Regular Meeting Action Minutes May 17, 2017 6:00 — 6:50 p.m. APPROVED 4-0-1; MOTION BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER WATTS; AYE VOTES FROM COMMISSIONERS TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS; GUERRIERO ABSENT 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 17-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0323, A MAJOR MODIFICATION TO MODIFY THE PREVIOUSLY APPROVED HOME PRODUCT REVIEW FOR ARBOR VISTA INCLUDING, ARCHITECTURE, PLOT PLANS, AND PLAN MIXES, FOR TRACT 36479 LOCATED AT THE SOUTHEAST CORNER OF NICOLAS AND VIA LOBO ROADS (APNs 919- 350-017, 018, 019, 020) AND PLANNING APPLICATION NUMBER PA17-0652, A MINOR EXCEPTION TO ALLOW FOR A 5.7% FRONT YARD SETBACK REDUCTION (FROM 20' TO 18.9') ON LOT 81 LOCATED WITHIN TRACT 36479 AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Cheryl Williams, Temecula resident, addressed the Planning Commission REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT The Planning Commission meeting was adjourned at 6:50 p.m., to the next regular meeting: Planning Commission, Wednesday, June 7, 2017, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John H. Telesio, Chairperson Luke Watson Planning Commission Director of Community Development 3 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 21, 2017 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 Number PA15-1158, a Major Modification to a SUMMARY: Development Plan to allow for a phased revision of an existing structure that will include facade improvements, a reduction in the size of an existing use to allow space for additional uses, and a new approximately 3,808 square foot structure. PA16-0517, a Minor Modification to an existing Conditional Use Permit (CUP) for a dance hall that includes a reduction of the building area for the existing use and a revision to the previously approved hours of operation. The project is located at 28721 Old Town Front Street. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Exempt Section 15162, Subsequent EI Rs and Negative Declarations PROJECT DATA SUMMARY Name of Applicant: Christopher Campbell, Walt R. Allen Architects and Associates General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Specific Plan 5 (Old Town Specific Plan — Downtown Core) Existing Conditions/ Land Use: Site: Existing Commercial Structure / Specific Plan Implementation North: 2nd Street, Existing Commercial / Specific Plan Implementation South: Existing Parking Lot, 1St Street / Specific Plan Implementation East: Old Town Front Street. Existing Commercial, Vacant Lot / Specific Plan Implementation West: Existing Parking Lot / Specific Plan Implementation 1 Existinq/Proposed Min/Max Allowable or Required Lot Area: 1.17 Acres 0.08 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY On March 25, 1993, the City of Temecula Planning Director approved a Minor Conditional Use Permit (CUP) at a Planning Director's Hearing. The CUP allowed for an 18,230 square foot dance hall with an additional 8,934 square feet to be used for storage. On August 4, 2015, Christopher Campbell submitted Planning Application PA15-1158, a Major Modification to a Development Plan to allow for a phased facade revision to an existing structure (Stampede building) and the addition of a new approximately 3,808 square foot commercial structure at the west side of the property. The existing structure currently houses a dance hall. Square footage for the dance hall will be reduced and the remaining square footage will be used to house two additional suites that can be used for restaurant or retail space. The dance hall currently occupies the entire structure and in its reduced form will occupy the center of the structure. The proposed phasing plan is attached to this report. The applicant also submitted PA16-0517, a Minor Modification to an existing Conditional Use Permit (CUP) on April 5, 2016. The original CUP (PA93-0030) was approved at the March 25, 1993 Planning Director's Hearing. The new CUP application will allow for a revision to the hours of operations for the now existing dance hall. In addition, the modification will reflect the newly proposed footprint of the use of 15,064 square feet. The project is located within the Old Town Specific Plan (OTSP) and the structure is classified as legal nonconforming. The proposed revisions to the project meet the intent of the OTSP by activating the public realm. In addition, the architecture has been significantly enhanced with styles approved in the OTSP. Structural limitations prevent any further significant enhancements from being applied to the project. The project was presented to the Old Town Local Review Board on January 9, 2017. The Board unanimously recommended approval of 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. ANALYSIS Site Plan The proposed project is located on the northwest corner of Old Town Front Street and 1St Street. Vehicular access to the site will remain unchanged and is provided via 2nd Street and a public 2 entrance off 1St Street. A patio and sidewalk is proposed to replace existing parking on the north end of the project site, adjacent to the structure. Two standard parking spaces and one disabled space will be eliminated from this area. The new patio and sidewalk are designed to provide active street frontage along 2nd Street by incorporating outdoor dining opportunities and pedestrian accessibility along the street. Parking is not required per the OTSP for the commercial uses proposed for this project. However, a large public parking lot currently exists to the immediate west of the project site. Additional pedestrian points of entry will be added to the structure. These entrances will provide access to the proposed suites located at the north and south ends of the structure. In addition, the Stampede's main entrance will be relocated from 2nd Street to Old Town Front Street. This will create additional pedestrian activity along Old Town Front Street. A new 3,808 square foot commercial structure is proposed on the northwest portion of the project site. The OTSP establishes allowable frontage types appropriate for a vibrant public realm. The following frontage types are permitted in the Downtown Core (DTC): Shop Front, Arcade, Gallery, Two -Story Gallery, and Forecourt. The proposed structure incorporates the Shop Front frontage type. The building meets all design requirements and standards, including building height, size, and massing for this style. This new structure and the overall application are consistent with the OTSP and have proposed an effective design to create a vibrant streetscape. Architecture The project will feature a complete facade renovation of the existing structure as part of its scope. The architectural design of this building will now meet the intent of the OTSP. As previously stated, structural issues limit the level of renovations that can take place. The new structure has been designed to be in conformance with the OTSP. Both structures will incorporate the Western Frontier and American Mercantile architectural styles allowed by the OTSP. The project also incorporates colors from the Sherwin Williams Preservation Palette. The structures include cornice dentil molding, brick facade, and false front parapet walls. Landscaping Liquid Amber trees (36 inch box) will be planted on Old Town Front Street. London Plane trees will be planted along 2nd Street. Both streets will incorporate the tree grates specified in the OTSP. These trees are in conformance with the OTSP. Conditional Use Permit (CUP) Modification A CUP (PA93-0030) was first approved for the dance hall on March 25, 1993. The original hours of operations were as follows: Monday through Friday, 6:00 p.m. through 2:00 a.m.; Saturday and Sunday, 12:00 p.m. through 2:00 a.m. A special provision was added to the original Conditions of Approval allowing the dance hall to operate between 12:00 p.m. and 2:00 a.m. on Friday's and Monday's of legal holidays and weekends. The applicant is now requesting a modification to the originally approved hours of operation. The proposed hours of operation will now be seven days a week from 11:00 a.m. to 2:00 a.m. The City has recently instituted a new policy indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. Therefore final call for alcohol will be 1:30 a.m. 3 The revised CUP will also reflect the reduced footprint of the dance hall. The dance hall originally totaled 27,164 square feet. The modification will reduce this square footage to 15,064 square feet. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on June 9, 2017 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION The Old Town Specific Plan was formally revised in 2010. An Environmental Impact Report was prepared and certified as part of this effort. The proposed project has been determined to be consistent with the previously adopted OTSP EIR and is exempt from further environmental review (Section 15162, Subsequent EIRs and Negative Declarations). The project meets all requirements and mitigation contained in this document. FINDINGS Modifications — Development Plan (Section 17.05.030.E) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed use is in conformity with the stated objective of the OTSP to animate the public realm. The OTSP provides that one objective of animating the public realm is to "[e]ncourage connectivity and walkability throughout Old Town by linking sidewalks, alleyways, trails and paseos to public areas and open spaces..." The OTSP includes a policy of, as appropriate, requiring that "new development projects provide pedestrian paseos, open spaces and other opportunities for connectivity and gathering spaces that connect and relate to the public realm" The proposed use will replace existing parking on the north end of the project site with a patio and sidewalk. The new patio and sidewalk are designed to provide active street frontage along 2nd Street by incorporating outdoor dining opportunities and pedestrian accessibility along the street. Additional pedestrian points of entry will be added to the structure. These entrances will provide access to the proposed suites located at the north and south ends of the structure. In addition, the Stampede's main entrance will be relocated from 2nd Street to Old Town Front Street. This will create additional pedestrian activity along Old Town Front Street. The proposed use will feature a complete fagade renovation of the existing structure.. The architectural design of this building will now meet the intent of the OTSP. The new structure has been designed to be in conformance with the OTSP. Both structures will incorporate the Western Frontier and American Mercantile architectural styles allowed by the OTSP. The project also incorporates colors from the Sherwin Williams Preservation Palette. The structures include cornice dentil molding, brick fagade, and false front parapet walls. The overall development of the land is designed for the protection of the public health, safety, and general welfare. 4 The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. These codes contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Modifications — Conditional Use Permit (Section 17.05.030.E) The proposed conditional use is consistent with the General Plan and the Development Code. The modification application will allow for the revision of operating hours and a reduction in the footprint of an existing business. As conditioned, this business will remain in conformance with the General Plan for Temecula and the Development Code. 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 modification will allow for a revision of operating hours and a reduction in the footprint of an existing business. The use will remain the same other than these revisions. Therefore the existing use will remain 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 Council in order to integrate the use with other uses in the neighborhood. The modification will allow for a revision of operating hours and a reduction in the footprint of an existing business. The use will remain the same other than these revisions. Therefore the existing use will continue 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 required by the Planning Commission. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been reviewed to ensure compliance with the Development, Fire, and Building Codes. These codes are designed to ensure for the health, safety, and general welfare of the community. 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 approve, conditionally approve, or deny the application for the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map 5 Plan Reductions Resolution — Structure Major Modification Exhibit A - Draft Conditions of Approval Resolution — CUP Minor Modification Exhibit A - Draft Conditions of Approval Phasing Schedule Statement of Operations Notice of Public Hearing 6 VICINITY MAP City of Temecula PAI5-I 158 NORTH 0 250 500 Feet This map was made by the City of Temecula Geographic Information System, The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for tine most current information This map is not for reprint or resale. 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Alien z ��z Li 0 0 N 0 Q Z W = W ;zrCeZ0 LL w z 0 CIO 0 z 0 LL 0 Ow u)0 W Z w0 fx (1) 0 z 0 U w Existing Building Wall 3' Frontage Zone 7' Pedestrian Zone 4' Street 6" Furnishing Curb J Property Line OLD TOWN FRONT STREET SHOP FRONT FRONTAGE Walter R. Alien Southwest on 2nd fl rirarimP.Imime View from Roadway Inn North from Front St. C N '7C - et et Walter R. Aiie North from Santia - East From 2nd St. PLANNING COMMISSION RESOLUTION MAJOR MODIFICATION - STRUCTURE PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1158, A MAJOR MODIFICATION FOR A DEVELOPMENT PLAN TO ALLOW FOR A PHASED REVISION OF AN EXISTING STRUCTURE THAT WILL INCLUDE FACADE IMPROVEMENTS, A REDUCTION IN THE SIZE OF AN EXISTING USE TO ALLOW SPACE FOR ADDITIONAL USES, AND A NEW APPROXIMATELY 3,808 SQAURE FOOT STRUCTURE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-073-025) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2015, Chris Campbell of Walter R. Allen Architects and Associates filed Planning Application No. PA15-1158, a Major Modification Application for a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA15-1158 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Modifications, Development Code Section 17.05.030.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed use is in conformity with the stated objective of the OTSP to animate the public realm. The OTSP provides that one objective of animating the public realm is to "[e]ncourage connectivity and walkability throughout Old Town by linking sidewalks, alleyways, trails and paseos to public areas and open spaces..." The OTSP includes a policy of, as appropriate, requiring that "new development projects provide pedestrian paseos, open spaces and other opportunities for connectivity and gathering spaces that connect and relate to the public realm" The proposed use will replace existing parking on the north end of the project site with a patio and sidewalk. The new patio and sidewalk are designed to provide active street frontage along 2nd Street by incorporating outdoor dining opportunities and pedestrian accessibility along the street. Additional pedestrian points of entry will be added to the structure. These entrances will provide access to the proposed suites located at the north and south ends of the structure. In addition, the Stampede's main entrance will be relocated from 2nd Street to Old Town Front Street. This will create additional pedestrian activity along Old Town Front Street. The proposed use will feature a complete fagade renovation of the existing structure.. The architectural design of this building will now meet the intent of the OTSP. The new structure has been designed to be in conformance with the OTSP. Both structures will incorporate the Western Frontier and American Mercantile architectural styles allowed by the OTSP. The project also incorporates colors from the Sherwin Williams Preservation Palette. The structures include cornice dentil molding, brick facade, and false front parapet walls. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. These codes contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application: The Old Town Specific Plan was formally revised in 2010. An Environmental Impact Report was prepared and certified as part of this effort. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be exempt from further environmental review (Section 15162, subsequent EIRs and Negative Declarations) Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15-1158, a Major Modification to allow for a phased revision of an existing structure that will include facade improvements, a reduction in the size of an existing use to allow space for additional uses, and a new approximately 3,808 square foot structure located at 28721 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June 2017. John H. Telesio, 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. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-1158 Project Description: First and Front Major Modification: A Major Modification to allow for a phased revision of the existing structure that will include facade improvements, a reduction in size of an existing use to allow space for additional uses, and a new structure. The new structure will total approximately 3,808 square feet. The project will be phased and is located at 28721 Old Town Front Street. Assessor's Parcel No.: 922-073-025 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A (Non -Residential Project) New Street In -lieu of Fee: N/A (Not within Uptown Temecula Specific Plan Area) Approval Date: June 21, 2017 Expiration Date: June 21, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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 3 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 five extensions of time, one year at a time. A request for an Extension of Time beyond the fifth approval of an extension of time maybe granted by the City Council at a public hearing. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town) except as approved herein for the prior existing building. 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR SCH No. 2009071049. 7 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. 8. Signage Permits. A separate building permit shall be required for all signage. 9. 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. 10. 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. 11. 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. 12. 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. Brick Veneer: Pacific Clay, Face Brick, Red Flashed Pacific Clay, Americana, Concord Dark Flashed Arriscraft, Thin Clad, Oak Ridge Stone Veneer: Arriscraft, Thin Clad, Graphite Concrete Trim: Gray Exterior Trim: Sherwin Williams, Garrett Gray Exterior Walls: Sherwin Williams, Colonial Revival Sea Green Decorative Trim: Sherwin Williams, Downing Sand Roll -up Door: Sherwin Williams, Sovereign Roycroft Bottle Green 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. Property Maintenance. All landscaping, walls, fencing, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Grading Permit 21. 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. 22. 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. 23. 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 Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 24. 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 the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 25. Archaeological Monitoring Notes. 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 thThe 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 potential resources discovered on the property." 26. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 27. 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." 28. 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." 29. Pechanga. Pechanga band of Mission Indians are not requesting monitoring of this project; however they would like to be notified at the time of grading for the new building and have the ability to spot check the grading from time to time. Should the grading take place, then the following terms and conditions shall apply. 30. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor 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 (See PL -4). 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 potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 31. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states 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 must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 32. 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 for exceeding square footage of existing building only. 33. Downspouts. All downspouts shall be internalized. 34. 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 for exceeding square footage of existing building only. 35. 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 Hardscape Plan. 36. Utility Screening. All new 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 37. Screening. 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. 38. 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. 39. 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. 40. Installation of Site Improvements. All site improvements shall be installed. 41. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit with the exception of the existing tenant. Outside Agencies 42. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated May 12, 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. 43. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated May 4, 2016, a copy of which is attached. 44. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated May 10, 2016, a copy of which is attached. 45. Compliance with Geotechnical Review. The applicant shall comply with the recommendations set forth in the County transmittal regarding Phase 4 dated October 4, 2016, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 46. 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. 47. Entitlement Approval. The developer shall comply with the approved site plan 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. 48. 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. 49. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements Prior to Issuance of Encroachment Permit(s) 50. 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. 51. 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. 52. 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) 53. Prior to Issuance for the first Building Permit. The Developer shall submit an easement for the privately maintained access and sidewalk for public use along the vacated Second Street for review and approval by the Department of Public Works and City Attorney. 54. Prior to Issuance of the first Building Permit. The Hardscape Plan shall be reviewed and approved. 55. 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, subject to the Parking Agreement, including but not limited to Paragraphs 7,8,9,11 and 18. 56. Prior to Issuance of the second Building Permit. a. The Developer shall provide a copy of the recorded easement within the vacated Second Street in favor of Rancho California Water District. b. The Developer shall provide a recorded copy for the vacated easement of Public Utilities within the vacated Second Street. c. The Developer shall provide a recorded copy for the privately maintained access and sidewalk easement for public along the vacated Second Street. 57. Construction of Street Improvements. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City's Old Town Specific Plan and corresponding City standards. a. Old Town Front Street (Old Town Specific Plan Standard) to include installation of sidewalk and utilities (including but not limited to water and sewer). 58. 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. Prior to Issuance of a Certificate of Occupancy 59. Prior to Issuance of the first Certificate of Occupancy. The Developer shall complete the improvements on Old Town Front Street, along its property frontage, in accordance with the Old Town Specific Plan. 60. Prior to Issuance of a Certificate of Occupancy in Phase II or III. The Developer shall complete the improvements along the vacated Second Street. 61. 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 and public improvements. 62. 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. 63. 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. 64. 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 65. 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. 66. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 67. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. Provide curb ramp with detectable warnings, at west side walk. b. Path of accessibility from parking to furthest point of improvement. c. Path of travel from public right-of-way to all public areas on site, and to trash enclosure. 68. 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. All exterior LED light fixtures shall be 3,000 kelvin or below. 69. 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. 70. 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 for exceeding square footage of existing building only. 71. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 72. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 73. Demolition. Demolition permits require separate approvals and permits. 74. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 75. 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. 76. 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 77. 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 hardscape plan to building and safety for verification of accessibility and for minor hardscape modifications. c. Truss calculations( for only new trusses) that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) 78. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. 79. Onsite Water and Sewer Plans. Any new proposed onsite water and sewer plans, submitted separately from the building plans, for the new building, shall be submitted to Building and Safety for review and approval. FIRE PREVENTION General Requirements 80. 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 and multi -family 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). 81. 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. 82. 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 2,500 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) 83. 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). 84. Turning Radius. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 85. 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). 86. 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. Area 'E' and Area 'A' will each have their own separate fire sprinkler riser room. 87. 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 88. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 89. 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). 90. 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). POLICE DEPARTMENT General Requirements 91. Defensible Plants. Applicant shall ensure any landscaping surrounding buildings is 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 prevent would-be intruders from breaking into the buildings utilizing lower level windows. 92. Trees. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent 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. 93. Berms. Any berms shall not exceed three feet in height. 94. Exterior Building Lighting. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 95. Exterior Door Illumination. 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. 96. Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 97. Graffiti. Any graffiti painted or marked upon the buildings or other structures 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 98. Alarm System. Upon completion of construction, each building or business shall have an alarm system that is monitored 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 each have their own alarm system. This condition is not applicable if the business is open 24/7. 99. Roof Hatches. Any roof hatches shall be painted "International Orange." 100. 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. 101. 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. 102. Crime Prevention Through 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 below: 1. 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. 2. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. WARREN D. WILLIAMS General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT May 12, 2016 City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: Eric Jones Ladies and Gentlemen: Re: PA 15-1158 1995 MARKET STREET RIVERSIDE, CA 92501 951 955.1200 FAX 951.788.9965 www.rcflood.org 204768 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 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 may 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 he exempt. If this project involves a Federal 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 Agreement from the California Department of Fish and Wildlife 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, HENRY OLIVO Engineering Project Manager c: Riverside County Planning Department Attn: Kristi Lovelady SKM:blm May 4, 2016 Mr. Eric Jones City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Project Name: First and Front Major Modification Case No.: /PA 15-1158 APN: 922-073-025; Address: 28721 Old Town Front Street Dear Mr. Jones: Aublex emw Thank you for the opportunity to review the above -referenced project. The subject Project requires sewer service from EMWD. Detail of the proposed development requires a submittal to EMWD by the project proponent. Upon receipt of submittal, EMWD will review further and provide requirements for obtaining service which include but are not limited to: 1. Review of the project within the context of existing infrastructure. 2. Evaluation of the project's preliminary design and points of connection. 3. Formal Application for Service detailing applicable fees and deposits to proceed with EMWD approved service connections. To begin the submittal process the project proponent may contact EMWD's New Business Department at: Eastern Municipal Water District New Business Department 2270 Trumble Road Perris, CA 92570 (951) 928-3777, Extension 2081 Again, EMWD appreciates the opportunity to comment on this project. Sincerely, Elena Navarre Administrative Assistant! New Business Department Engineering Department 2270 Trumble Road • P.O. Box 8300 • Perris, CA 92572-8300 T 951.928.3777 • F 951.928.6177 emwd.org EASTERN MUNICIPAL WATER DISTRICT Rancho Water Board of Directors William E. Plummer President Ben R. Drake Senior Vice President Stephen J. Cnrnna 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 May 10, 2016 Eric Jones City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY 28721 OLD TOWN FRONT STREET; APN 922-073-025; PA 15-1158 [CHRISTOPHER CAMPBELL] 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 24 -inch diameter water pipeline (1305 Pressure Zone) within Old Town Front Street, and an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Second Street. Please refer to the enclosed exhibit map. Water service to the subject project/property exists (under Account No. 3004837, Location No. 2003857). Additions or modifications to water 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. Rancho California Water District 42115 Winchester Ro:? • Posi Office Bos 9017 • Temecula. California 92589-9017 • (951) 296-6900 • FAX i9i 1) 296-6860 • w ww ranchov,atei coin f Letter to Eric Jones/City of Temecula May 10, 2016 Page Two 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. 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 Christopher Campbell 16\EP:1m015\F450\FEG f2 nchoC'aliForniaWarerDistrici L'135 ) A flcJ e uI .r.�l - Yost, U7 901 Deruecuia, Gnnforuia 92,689 9011(95 U 291j-6900 [-L> .-1n1: 196 68e, 91.0Z ` 61.)eW `i(apsaupaM RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss Planning Director October 4, 2016 Pages 2 (including this cover) City of Temecula Planning Department Attention: Eric Jones (enc.jonesacityoftemecula org) RE: GE002519 Conditions of Approval First and Front Major Modification City of Temecula Case No. PA15-1158 County Geologic Report GEO No. 2519, submitted for the project APN 922-073-025, City of Temecula Case No. PA15-1158, was prepared by Earth Systems Southwest. The report is titled; "Geotechnical Engineering Report, Proposed Stampede -Temecula Addition, APN 922-073-025/28721 Old town front Street, Temecula, Riverside County, California," dated September 7, 2016. In addition, the following document was submitted for the project: "Site Plan, First and Front, 28721 Old Town Front Street, Temecula, CA", Sheet PR -1, Job No. 1411, dated 8/25/16, by Walter A. Allen, AIA. These documents are hereby incorporated as a part of GEO No. 2519. GEO No. 2519 concluded: 1. The scope of this report consists of the geotechnical evaluation for an addition to the existing structure. Other development beyond that described within will require further geotechnical evaluation which could consist of addendum letters to confirm this report and its recommendations, to further field studies and additional reporting for more complex structures (such as multistory structures or structures located closer to Murrieta Creek, etc.) 2. The project site does not lie within a currently designated State of California, Alquist-Priolo Earthquake Fault Zone. No readily observable evidence of fault rupture was observed during onsite mapping or historical aerial photography review. 3 Based on a historical groundwater depth of 15 feet below existing ground surface, the total estimated liquefaction settlement is on the order of 0.9 to 1.2 inches, and the total estimated settlement (liquefaction and dry seismic settlement) is on the order of 1.2 to 1.4 inches. 4. The site is relatively flat, therefore, potential hazards from slope instability, landslides, or debris flows are considered low. However, a setback of at least 60 feet from the top of slope adjacent to Murrieta Creek is recommended for any structures where slope stability is not performed for the creek channel slope. 5. The risk of areal subsidence in the future is more a function of whether groundwater recharge continues and/or over -drafting stops, than geologic processes, and therefore, the risk cannot be predicted or quantified from a geotechnical perspective. Riverside Office • 4080 Lemon Street, 12th Floor P 0 Box 1409, Riverside, California 92502-1409 (951) 955-3200 • Fax (951) 955-1811 Desert Office • 77588 El Duna Court Palm Desert, California 92211 (760) 863-8277 Fax (760) 863-7555 GEO No. 2519 recommended: 1. At the start of grading, existing pavement, vegetation, irrigation systems, undocumented fill, soils with "high" or "very high" Expansion Indexes, construction debris, and underground utilities should be removed from the proposed building pads and improvement areas and disposed. 2. Due to the undocumented nature of the fill within the existing pads onsite and the expansion potential of the soils in the existing fill, the existing soils within the building pad and foundation areas should be over -excavated a minimum of 6 feet below existing or finish grade, or 3 feet below the bottom of the deepest foundation, whichever is lower. 3. The exposed subgrade should be observed and tested by the geotechnical engineer or his representative to verify that an in-place density of the undisturbed subgrade bottom is at or greater than 85% relative compaction or soils are firm (no more than 2 -inch insertion with a tapered 1/2 -inch hand probe at 200 lbs. or as determined by the geotechnical engineer). 4. Six- and eight -inch canyon subdrains should be constructed in canyon drainages in accordance with the recommendations of this report. 5. Deeper over -excavation may be recommended if the required in-place density is not achieved or soils are not firm. GEO No. 2519 satisfies the requirement for a geologic/geotechnical study for Planning/CEQA purposes. GEO No. 2519 is hereby accepted for planning purposes. Engineering and other 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 of Temecula upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call me at (951) 955-6187 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director Daniel P. Walsh, CEG No. 2413 Associate Engineering Geologist, TLMA-Planning Cc. First and Front, Attn: Neil Cleveland (rianinc(verizon net) MDMG, Attn: Sherrie Munroe (sJm aAmarkhamdmq.com) B:1Geology\Temecula Reviews1GE02519 Approval for PA15-1158.docx PLANNING COMMISSION RESOLUTION MINOR MODIFICATION - CONDITIONAL USE PERMIT PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0517, A MINOR MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (CUP) FOR A DANCE HALL THAT INCLUDES A REDUCTION OF THE BUILDING AREA FOR THE EXISTING USE AND A REVISION TO THE PREVIOUSLY APPROVED HOURS OF OPERATION AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-073- 025) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 25, 1993 the Planning Director approved Planning Application No. PA93-0030, Minor Conditional Use Permit for a western dance hall to be located within an existing 27,164 square foot building. B. On August 4, 2015, Chris Campbell of Walter R. Allen Architects and Associates filed Planning Application No. PA16-0517, a Minor Modification Application to a Conditional Use Permit in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA16-0517 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Modifications, Development Code Section 17.05.030.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The modification application will allow for the revision of operating hours and a reduction in the footprint of an existing business. As conditioned, this business will remain in conformance with the General Plan for Temecula and the Development Code. 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 modification will allow for a revision of operating hours and a reduction in the footprint of an existing business. The use will remain the same other than these revisions. Therefore the existing use will remain 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 modification will allow for a revision of operating hours and a reduction in the footprint of an existing business. The use will remain the same other than these revisions. Therefore the existing use will continue 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 required by the Planning Commission. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been reviewed to ensure compliance with the Development, Fire, and Building Codes. These codes are designed to ensure for the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission, or city council on appeal. The decision to approve, conditionally approve, or deny the application for the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification Application: The Old Town Specific Plan was formally revised in 2010. An Environmental Impact Report was prepared and certified as part of this effort. A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be exempt from further environmental review (Section 15162, Subsequent EIRs and Negative Declarations) Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA16-0517 a Minor Modification to an existing Condition Use Permit (CUP) for a dance hall that includes a reduction of the building area for the existing use and a revision to the previously approved hours of operation located at 28721 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June 2017. John H. Telesio, 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. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June, 2017 by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0517 Project Description: First and Front Minor Modification: a Minor Modification to an existing Conditional Use Permit (PA93-0030) for a music and entertainment venue, dance hall and restaurant /saloon that includes reduction of the building area for the existing use and a revision to the previously approved hours of operation. The project is located at 28721 Old Town Front Street. Assessor's Parcel No.: 922-073-025 MSHCP Category: N/A (Previously Grading and Constructed Site) DIF Category: N/A (Existing Building) TUMF Category: N/A (Existing Building) Quimby Category: N/A (Non -Residential Project) New Street In -lieu of Fee: N/A (Not within the Uptown Temecula Specific Plan Area) Approval Date: June 21, 2017 Expiration Date: June 21, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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 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 three extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town) except as approved herein for a prior existing building. 6. Compliance with EIR. The Project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR SCH No. 2009071049. 7 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 30, 2017, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 10. Previous Conditions of Approval. All previous and presently applicable Conditions of Approval from PA -93 0030 that have not been superseded by the subsequently executed Parking Agreement and the subsequently enacted Old Town Specific Plan are hereby incorporated into this document (See copy of Parking Agreement attached hereto). 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 12. 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 or 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. Changed Circumstances shall not be defined as the transition from the existing footprint of the premise under the existing CUP to the new footprint under this Minor Modification. 13. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 14. Noise. Exterior noise levels shall not exceed 65 decibels as measured 50 feet from the property line. Applicant shall bear the cost of a noise study if noise level reading is requested as a result of three (3) or more written complaints received by the City and after written notice thereof to Applicant and Applicant's tenant. 15. Parking Security. Subject to the obligations of the City under the Parking Agreement, the parking area servicing the Project, as identified in the Parking Agreement, shall be monitored by security personnel for the limited purpose of discouraging loitering and drinking of alcohol. 16. Permitted Use. The use hereby permitted is for a music, entertainment, dancehall, restaurant / saloon to be located in a revised space of approximately 17,000 +/- sq. ft. 17. Special Events Permit. Refer to Parking Agreement in Paragraph 13. 18. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. 19. General. This modification of the existing CUP represents a restatement of the existing CUP issued in 1993 (No. PA -93-0030) (the "Existing CUP") after removing those conditions that have, as a result of the recordation of that Agreement and Grant of Real Property Subject to and Reserving Parking Easement dated April, 1999 between Applicant, as grantor and dominant tenement holder, and City of Temecula, as grantee and servient tenement holder, and recorded on May 13, 1999, as Instrument No. 1999-208241 (the "Parking Agreement"), been rendered obsolete and no longer applicable. A copy of the Parking Agreement is attached hereto and incorporated herein by this reference. 20. Hours of Operation. Hours of operation shall be limited to between 11:00 AM to last call at 1:30 AM and close at 2:00 AM, Sunday through Saturday. The Permittee may be open during any Old Town street -wide -functions. 21. Interior Lighting. The interior lighting shall be sufficient for a police officer or employee to identify any person inside the business. 22. Queue Mechanism. Permittee shall develop and utilize a queue mechanism at the outside entrance located adjacent to Old Town Front Street. The queue mechanism shall consist as a single file type or a different type of mechanism that will operate efficiently and safely, accommodating the transition from the public sidewalk to the private entrance. Prior to Issuance of Building Permit 23. Use Permit. The existing and fully operational Dance Hall now occupying the Premises (described as 28721 Old Town Front Street) and operating under the terms and conditions of an existing and approved CUP (PA93-0030), Amendment 3), dated and approved March 25, 1993 (the "Existing CUP") shall remain in full force and effect, excluding any parking requirements (such requirements having been superseded and rendered obsolete by the Parking Agreement), until such time that this Minor Modification to the existing CUP set forth herein (the "Restated and Modified CUP") is approved and a final Certification of Occupancy is issued. The Restated and Modified CUP: The following conditions are included in and made a part of the Restated and Modified CUP: A. Applicant and / or the Dance Hall shall have the right to continue to operate the existing business under the Existing CUP, within the existing footprint, until such time that the Dance Club premises is reconfigured (reduced in size), the Restated and Modified CUP is activated and a certificate of occupancy is issued, as reconfigured; B. The City has approved the Phased Major Modification entitlements, as set forth in PA15-1158; C. The City has approved all new tenant improvement plans and has issued all building permits necessary for the new tenant improvements for the Dance Hall premises; D. The new tenant improvements related to the reconfigured Dance Hall premises and directly related to the Dance Hall have been constructed and deemed complete/approved by the City; E. The Restated and Modified CUP shall become fully operational in the new reconfigured Premises upon: (i) the completion of construction of the approved new tenant improvement plans related to the Dance Hall, (ii) the completion of the phased exterior improvements related to the Dance Hall, and (iii) the owner of tenant conversion of the Dance Hall occupancy from the existing (larger) footprint of the Premises into the (smaller) reconfigured Dance Hall Premises as set forth in PA -15-1158. F. The Restated and Modified CUP shall become effective upon the issuance of a Certificate of Occupancy of the reconfigured Dance Hall Premises. The Dance Hall transition from the existing (larger) footprint into the reconfigured (smaller) Dance Hall Premises the Restated and Modified CUP shall be seamless, occurring outside of normal Dance Hall business hours. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 24. Compliance with Conditions of Approval. Applicant shall be in compliance with all of the foregoing conditions prior to occupancy or any use allowed under this Permit, excluding however, the occupancy of the existing tenant under the Existing CUP. Outside Agencies 25. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. BUILDING AND SAFETY DIVISION General Requirements 26. 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. 27. Compliance with Code. All design components shall comply with applicable provisions of the 2016 National Electrical Code; 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 28. 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. All exterior LED light fixtures shall be 3,000 kelvin or below. 29. 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. (For exceeding square footage of existing building only) 30. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 31. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 32. Demolition. Demolition permits require separate approvals and permits. 33. 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. 34. 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 35. 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 "hardscape plan" must be submitted to Building and Safety for verification of accessibility and for minor hardscape modifications. c. Truss calculations ( For only new trusses) that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 36. Plans Require Stamp of Registered Professional. The applicant shall provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 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. Prior to Beginning of Construction 38. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION Prior to Issuance of Grading Permit(s) 39. 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). 40. 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). 41. Turning Radius. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus Outside turning radius is 45 -feet. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 42. 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). 43. 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. Area 'E' will have its own separate fire sprinkler riser room, and Area 'A' will have a riser room for the entire other building. 44. 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 45. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 46. 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). 47. 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). POLICE DEPARTMENT General Requirements 48. Sale of Alcohol. Any business that serves or sells any type of alcoholic beverage shall comply with all guidelines within the Business and Profession Codes and all rules, regulations and guidelines of the California Department of Alcoholic Beverage Control. 49. Alcohol Related Training and Inspections. Contact the Temecula Police Department for alcohol related inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. 50. Alcohol in Public Prohibited. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 51. Sales of Alcohol - Identification. 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. 52. Sales of Alcohol - Identification Requirements. 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 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. 53. Civil Demand Program. Penal Code Section 490.5 affords merchants the opportunity to recover thei losses through a civil demand program. The text of this section of the penal code can be found at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9 54. Crime Prevention Training. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment, call (951) 506-5132. 55. Business Security Survey. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506-5132. 56. Contact. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. Z/3z9/'-L/ Recording Re' 'r )ed By First American La company When Recorded Return to: Susan Jones City Clerk City of Temecula Post Office Box 9033 Temecula, CA 92589-9023 0-73-6)2 r+2A- j3 -0A3 S �z- v4 -c 72. Orr 466 .r AGREEMENT AND GRANT OF REAL SERVING PARKING EASEMENT •�iC !S 1999--208241 05/13/1999 08:00A Fee:NC Page 1 of 25 Doc T Tax Paid Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111 s PAGE PCOR NOCOR SAF I PAM A R oPY LONA EXN PROPERTY SUBJECT TO AND RE - FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, FIRST & FRONT, a Califor- nia general partnership, (herein "Grantor") hereby grants and conveys to the CITY OF TEMECULA (herein "Grantee") and its successors and assigns, that real property particularly described in Exhibit "A" (some- times herein the "Servient Tenement") attached hereto subject to and reserving an easement thereon in favor of Grantor and Grantor's successors and assigns as the owner of that Real Property of the Grantor, contiguous to the Servient Tenement, and more particularly de- scribed in Exhibit "B" attached hereto (herein the "Dominant Tenement"). The Servient Tenement as described in Exhibit A con- sists of two contiguous parcels designated therein and herein as Parcel 2 and Parcel 3. The easement rights being reserved herein include the non-exclusive right of the Grantor, and its successors and assigns as the owner in fee of the Dominant Tene- ment, and the tenants, servants, visitors, invitees,. licensees, visitors of the tenants, invitees of the tenants and licensees of the tenants of the owner in fee of the Dominant Tenement, to park motor vehicles of all kinds thereon, at all times of the day or night, free of any charge in connection with the uses on the Dominant Tenant whatsoever, and to have commercially reasonable access thereto for such purposes. The Grantee accepts the Grant of title to the Servient Tenement and for itself and its successors and assigns does acknowledge the reservation of an easement as pro- vided for herein and the parties further agree as fol- lows: 1. Purpose of the Servient Tenement. Grantee covenants for itself and its successors and assigns that, except as otherwise provided herein concerning the construction of improvements with respect to Parcel 3, the Servient Page 1 of 12 total pages 094 ) 208241 Tenement and all portions thereof shall always be main- tained at all times in the future as a public parking lot for motor vehicles and for no other purpose. Should the Servient Tenement not be so maintained as a public parking lot for motor vehicles, title in fee thereto shall revert to the then owner in fee of the Dominant Tenement. Before title and fee shall revert to the then owner in fee of the Dominant Tenement as provided for herein, the owner in fee of the Dominant Tenement or the duly appointed agent thereof shall pro- vide the owner in fee of the Servient Tenement with no- tice of the violation giving rise to the reversion and the owner in fee of the Servient Tenement shall have thirty (30) days in which to cure the default, if it can be cured, and if not cured within said thirty (30) day period, title in fee to the Servient Tenement shall automatic revert to the then owner in fee of the Domi- nant Tenement. 2. Free Parking. Except as otherwise provided herein concerning the construction of improvements with re- spect to Parcel 3, the owner in fee of the Servient Tenement shall allow free parking of motor vehicles on the Servient Tenement at all times of the day and night by the owner in fee of the Dominant Tenement and by all tenants of the Dominant Tenement, and by all.customers, employees, and persons dealing with the owner in fee of the Dominant Tenement and by all customers, employees, and persons dealing with tenants of the Dominant Tene- ment in connection with all uses on the Dominant Tene- ment. The owner of -the Servient Tenement shall refrain from taking any action that would impair or diminish any of the easement rights provided for herein. 3. Sufficien#Spaces. Subject to the rights of the owner of the Dominant Tenement as set forth in Section 9, 12 and 19 below, the owner of the Servient Tenement shall take all necessary actions to assure that in the Servi- ent Tenement is developed and thereafter maintained with as many parking spaces as is practicable given the parking space size, parking lot landscaping, and turn- ing aisle requirements of Title 17, Development Code, of the Temecula Municipal Code." 4. No Buildings or Structures. Except as provided sections 9 and 12 herein, no buildings or other structures shall be constructed or placed on the Servient Tenement ex- cept as reasonably required for the management and ad- ministration of the Servient Tenement as a public park- ing lot, and for no other purpose. 5. Signs., The owner in fee of the Servient Tenement shall allow the owner in fee of the Dominant Tenement to place any prominent sign on the Servient Tenement at Page 2 of 12 total pages 208241 each access/egress point explaining that parking is available to customers of businesses located on the Dominant Tenement. No such signs inshall be in a size in excess of 4 feet by 3 feet and each such sign shall in any event conform to all local signage ordinances. Although such parking will in fact be free, no sign shall be placed on the Dominant Tenement stating that such parking is free; but a sign on the Dominant Tene- ment may state that parking is available on the Servi- ent Tenement to customer of business located on the Dominant Tenement. 6. 'Procedures. The owner in fee of the Servient Tene- ment, at its own expense, shall establish commercially reasonable procedures to assure that customers of the owner in fee of the Dominant Tenement and customers of all tenants of the Dominant Tenement will have access to free parking privileges as provided for herein. 7. Maintenance of Servient Tenement. The owner in fee of the Servient Tenement shall maintain the parking lot per City of Temecula standards using the same operations and maintenance procedures and not less than the level of care as the existing City of Temecula public parking lot on Sixth Street in Old Town Temecula and in connec- tion therewith, the owner in fee of the Servient Tene- ment, at its own expense, shall maintain and keep the Servient Tenement in good order and condition for park- ing purposes with a hard -top surface pavement and prop- erly striped, clean of all debris, ice, and snow. The owner in fee of the Servient Tenement, at its own ex- pense, shall maintain sufficient floodlights and other means of illumination to illuminate the Servient Tene- ment during all twilight and evening hours when commer- cial activity is taking place on the Dominant Tenement in accordance with all federal, state and local law and in no event shall the illumination be less than the il- lumination provided for in the public parking lot on Sixth Street and Old Town Temecula. The owner in fee of the Servient Tenement, at its own expense, shall re- move all papers, debris, filth, and refuse from the Servient Tenement on a regular basis so as to maintain the parking lot surface in a neat, clean, and orderly condition. The owner in fee of the Servient Tenement, at its own expense, shall maintain the ground surfaces of the Servient Tenement in a level, smooth, and evenly covered condition (including without limiting the gen- erality of the foregoing in full compliance with all Federal and State statutes and local ordinances includ- ing full compliance with ADA specifications and all provisions of the American Disabilities Act) with high quality and durable surfacing material. The owner in fee of the Servient Tenement, at its own expense, shall place, repair, and replace any necessary and appropri- Page 3 of 12 total pages 208241 ate directional signs, markers, and lines and any arti- ficial lighting facilities that are reasonably re- quired. 8. Construction on Servient Tenement. x,11 construction of. parking improvements by the Grantee or owner of the Servient Tenement on the Servient Tenement and on the Dominant Tenement shall be undertaken and completed promptly and diligently in a manner so as not to unrea- sonably impair the day to day business of the Grantor or Tenants of the Dominant Tenement. In order to re- duce the effects of construction within the parking ar- eas on the business of the Grantor or Tenants of the Dominant tenement, the Grantee agrees to: (1) prepare a construction schedule and written plan to mitigate the impact on Grantor and Tenants of the Dominant Tenement during construction and provide a copy of the construc- tion schedule and mitigation plan to the Grantor and Tenants of the Dominant Tenement not less that fifteen days prior to the commencement of construction; (2) limit construction activities to Monday through Thurs- day, with no construction activities on Fridays, Satur- days or Sundays, except for emergency repairs; and (3) fill trenches for lighting conduit or cover them with steel plates so as to allow vehicle and pedestrian travel over them if work is left uncompleted on a Fri- day, Saturday or Sunday. In the event that construc- tion on the parking areas will prevent the use of twenty-four (24) or more spaces on a Friday, Saturday or Sunday, then Grantee shall provide the owner of the Dominant Tenement and the Tenants of the Dominant Tene- ment and their respective visitors, invitees and cus- tomers with the same number of commercially reasonable alternative parking spaces in close proximity to the Servient Tenement as may be made unavailable due to construction. Grantee shall improve and maintain the parking areas on the Dominant Tenement in the same man- ner and quality as the improvements to the parking area on the Servient Tenement at no expense to the owner of the Dominant Tenement. All Drainage on the Dominant Tenement and Servient Tenement shall drain away from the improvements on the Dominant Tenement. Nothing contained herein, however, shall be construed as obli- gations the owner of the Dominant Tenement to continue to use the existing parking areas on the Dominant Tene- ment for parking purposes and in the event the owner of the Dominant Tenement converts the existing parking area thereon to a different use, all easement rights of the owner of the Servient Tenement shall be automati- cally extinguished. 9. Construction on Parcel 3. Buildings may be constructed on Parcel 3 of the Servient Tenement for purposes other than the management and administration of the Servient Page 4 of 12 total pages 208241 Tenement as a parking lot. Any portion of Parcel 3 of the Servient Tenement not improved with such a building shall remain as a parking lot and shall be subject to the provisions of this Agreement and to the parking easement rights of the owner of the Dominant Tenement its tenant and the customers of said owner and the tenants of said owner. 10. Eastern Municipal Water District Lift Station. If the Eastern Municipal Water District Lift Station is relocated to a new location and if the City of Temecula acquires the Eastern Municipal Water District Lift Station property, the City of Temecula shall add additional public park- ing within the Eastern Municipal Water District Lift Station area, which such public parking shall be avail- able at no charge to the Owner of the Dominant Tenement and to the tenants and customers and invitees of said Owner or tenants as provided in this agreement. How- ever, the City of Temecula is not required to acquire the Eastern Municipal Water District Lift Station prop- erty. If the City of Temecula does not acquire the Eastern Municipal Water District Lift Station property and the Owner of the Dominant Tenement does, then the City of Temecula will grant access and free parking .rights to the Owner of the Dominant Tenement and to the tenants and customers and invitees of the tenants of the Dominant Tenement across Parcel 2 of the Servient Tenement to the Eastern Municipal Water District Lift Station property. 11. Alignment of First Street Bridge. When First Street is rea- ligned along with the First Street Bridge project, the City of Temecula will add additional public parking ad- jacent to the new realignment of First Street as appro- priate and all such public parking will be made avail- able to the Owner of the Dominant Tenement and to the tenants and customers and invitees of the tenants of the Dominant Tenement free of charge as provided in this Agreement. 12. Substitute Parking Re Parcel 2. Buildings may be con- structed on Parcel 2 of the Servient Tenement for pur- poses other than the management and administration of the Servient Tenement as a parking lot under the fol - following terms and conditions only: a. The most south easterly portion of Parcel 2 of the Servient Tenement fronting First Street and the northerly 150 feet shall not be improved and no buildings or structures of any kind whatsoever shall be constructed thereon and said portion of Parcel 2 of the Servient Tenement shall always re- main a driveway for entering and exiting the Ser- vient Tenement. Page 5 of 12 total pages 208241 b. If a building or structure to be constructed on Parcel 2 of the Servient Tenement shall have the effect of reducing the,number of parking spaces thereon, the owner of the Servient Tenementshallnotify in writing the owner of the Dominant Tene- ment at least ane year prior to the proposed con- struction and said notice shall be accompanied by a set of plans clearly showing the number of park- ing spaces that will be abandoned or eliminated by reason of the proposed construction. c. The owner of Parcel 2 of the Servient Tenement shall under no circumstances be entitled to com- mence construction until and unless it shall have provided a number of parking spaces equal to the number of parking spaces to be abandoned or elimi- nated by reason of said construction and said sub- stitute parking spaces shall in any event be lo- cated within three hundred (300) feet from the Dominant Tenement. All such substitute parking spaces shall be contiguous and shall not be street parking. Further such substitute .parking spaces shall not be located on the West Side of the creek. Further, all such substitute parking spaces shall be visible from Front Street and shall be accessible from Front Street. The owner of Parcel 2 of the Servient Tenement shall also provide at its sole expenseprominent signage adadvertising that such parking is available and is free. d. All such substitute parking spaces shall be lo- cated in a parking lot that shall consist of and contain an improvement level equal to or better than the parking area of Parcel 2 of the Servient Tenement and shall have an asphalt surface, curb and gutter and lighting of the same or greater quality than on Parcel 2. e. Without in any way limiting the generality of the obligations of the owner of the Servient Tenement as set forth herein, the parking lot in which the substitute parking will be located will be main- tained by the Owner of the Servient Tenement in the same or better condition than said owner is required to maintain the Servient Tenement. f Such new substitute parking spaces shall be com- pleted and available for parking at least thirty (30) days prior to the abandonment or elimination of the parking spaces in Parcel 2 on the Servient Tenement. 0954 Page 6 of 12 total pages ) 218241 g. Any construction of improvements on Parcel 2 of the Servient Tenement shall be done in such a man- ner so as not to unreasonably interfere with the business operations occurring on the Dominant Tenement. h. The Owner of the Dominant Tenement shall be al- lowed to place signage on the Dominant Tenement -and on the Servient Tenement and on the parking lot containing all substitute parking places noti- fying customers of any business located on the Dominant Tenement that parking is available in said places for the benefit of said customers. None of the signs shall be of a size in excess of 4 feet by 3 feet and all such signs shall conform to local signage ordinances. 13. Special Events Permit. Subject to the applicable provi- sions of the Temecula Municipal Code, the owner of the Dominant Tenement shall have the right to utilize up to twenty five (25%) of the entire parking easement on an exclusive basis for not more than two (2) special events in any calendar year provided that said Owner: (i) complies with the City of Temecula's procedures for special event permits and pays the fees or charges that are required, and (ii) provides the owner of the Servi- ent Tenement with at least six (6) months prior written notice of any such special event. 14. Right of First Refusal. Should the Owner of the Servient Tenement decide to sell the Servient Tenement or any portion thereof or the parking lot in which substitute parking is located or any portion thereof, the Owner of the Dominant Tenement shall first be given the opportu- nity to purchase said real property for the price and on the same terms as offered by any third party and the Owner of the'Dominant Tenement shall have sixty (60) days in which to make its decision to purchase and no sale to a third party shall be valid for any purpose whatsoever unless there has been compliance with the procedures set forth herein. If the Owner of the Domi- nant Tenement does not exercise its right to purchase said real property.under this right of first refusal, the Owner of the Servient Tenement shall have the right for a period of ninety (90) days only in which to com- plete the sale of said realty to the third party pro- vided however that there shall be no deviation from the price, terms and conditions originally set forth. The right of first refusal in the Owner of the Dominant Tenement as set forth herein shall not be applicable if the Grantee (i) sells the Servient Tenement to a third party at a price below market value or with other in- centives in a transaction tied to or directly connected 0955 Page 7 of 12 total pages with a Redevelopment Agency agreement, or (ii) conveys the property directly to the Redevelopment Agency. 15. Runs With the Land. All obligations of the Owner of the Servient as set forth herein shall be binding upon all successor owners of said real property. The obli- gations of the Servient Tenement run with the real property and in the event of a material breach of said obligations, full title thereto shall revert to the owner of the Dominant Tenement. Before title in fee shall revert to the then owner in fee of the Dominant Tenement as provided for herein, the owner in fee of the Dominant Tenement or the duly appointed agent thereof shall provide the owner in fee of the Servient Tenement with notice of the violation giving rise to the reversion and the owner in fee of the Servient Tenement shall have thirty (30) days in which to cure the default if it can be cured, and if not cured within said thirty (30) day period, title in fee to the Servi- ent Tenement shall automatic revert to the then owner in fee of the Dominant Tenement. 16. No Diminution of Rights. Modifications to the improve- ments on the Dominant Tenement, including the creation of new structures, the destruction of old structures, additions to existing and new structures, including but not limited to improvements by either the owner of the Dominant Tenement or the tenants of the Dominant Tene- ment, special use improvements or alterations, remodel- ing, multiple uses with multiple tenants, reconstruc- tion of the improvements, including the existing build- ing on the Dominant Tenement shall not impair the ease- ment rights, as provided herein, of the owner of the Dominant Tenement or the tenants of the Dominant Tene- ment, or the visitors, invitees or customers of the owner of the Dominant Tenement or the tenants of Domi- nant Tenement. 17. Insurance. The owner in fee of the Servient Tene- ment, at its own expense, shall at all times maintain for the mutual benefit of City of Temecula and the owner in fee of the Dominant Tenement and all tenants of the Dominant Tenement, general public liability and property damage insurance covering the entire Servient Tenement indemnifying the owner in fee of the Dominant Tenement and all tenants of the Dominant Tenement and holding it harmless from any liability for personal in- jury, death, or property damage arising on Servient Tenement or out of the operations or activities on the parking area except for the negligent or wrongful acts or omissions of the owner of the Dominant Tenement or Tenants of the Dominant Tenement with limits of five million dollars ($5,000,000) for personal injury or death and of One million dollars ($1,000,000) for prop - Page 8 of 12 total pages 208241 11956 208241 erty damage, and upon request the Owner in fee of the Servient Tenement shall furnish the Owner in fee of the Dominant Tenement with certificates evidencing the ex- istence of the required insurance. The owner or the tenant or tenants of the Dominant Tenement shall pur- chase and maintain the insurance with the same limits covering the entire Dominant Tenement indemnifying the owner in fee of the Servient Tenement and holding it harmless from any liability for personal injury, death, or proper damage arising on_ the Dominant Tenement or out of operations or activities on the Dominant Tene- ment except for the negligent or wrongful acts or omis- sions -of the owner of the Servient Tenement and upon request the owner in fee of the Dominant Tenement will furnish the owner in fee of the Servient Tenement with a certificate evidencing the existence of the required insurance. If the City of Temecula cannot obtain such insurance at reasonable rates, it may self -insure. This option to self -insure under the conditions set forth herein shall be.applicable: to the City of Teme- cula and the Redevelopment Agency only and not to any other successor owners of the Servient Tenement. All such successor owners, excepting only the Redevelopment Agency under the conditions set forth above, of the Servient Tenement shall provide for the insurance cov- erage set forth herein. 18. Other Easements. The Grantor, on behalf of itself and its successors and assigns as owners of the Domi- nant Tenement,, and the tenants, servants, visitors, in- vitees, licensees of the tenants of the Dominant tene- ment, further reserves an easement for the ingress and egress of vehicles and pedestrians from First Street and Front Street over and across the Servient Tenement to and from the Dominant Tenement. Subject to the pro- visions of Section 8, the Grantor, on behalf of itself and its successors and assigns as owners of the Domi- nant Tenement hereby grants to Grantee, its successors and assigns, an easement for public parking on the parking areas of the Dominant Tenement, which parking areas shall be improved and maintain by Grantee at its sole expense in accordance with the same standards, and subject to the same rights and obligations, as Grantee will improve and maintain the Servient Tenement pursu- ant to this Agreement 19. Acknowledgment of Approved Parking Requirements. The City of Temecula agrees and covenants that present usage of the Dominant Tenement is in conformity and will be in conformity with all zoning ordinances and use permits presently or at any time in the future in existence and that so long as the present or related usages continue to exist, no action shall be taken by the City of Teme- cula to place further restrictions upon the use of the Page 9 of 12 total pages 208241 Dominant Tenement and in that respect the City of Teme- cula agrees that the parking space on the Dominant Tenement together with all parking rights in Parcel 2 and all substitute parking rights as more particularly set forth here will be adequate and meet all city stan- dards and city requirements for parking now or in the future. The execution of the within instrument shall in no way adversely affect the usage rights of the owner of the Dominant Tenement and may not be used as. a reason to place any restriction on future usages. Ir- respective of the uses of the Dominant Tenement, the City of Temecula will not make any modifications to the parking requirements for the Dominant Tenement, nor shall it modify the building usage or occupancy re- quirements for the Dominant Tenement. Without limiting the generality of the foregoing, the City of Temecula shall not now or at any time in the future require ad- ditional parking or additional parking improvements in respect of the Dominant Tenement irrespective of whether the owner of the Dominant Tenement modifies any portion of the existing building or replaces the exist- ing building with an entirely different structure or changes the use of any structure on the Dominant Tene- ment. Further, it is understood and agreed that in the event that the Dominant Tenement is used partially or in whole for retail usage and/or any and all usages provided for in the general plan (including zoning, conditional use permits and/or special uses), the owner of the Dominant Tenement and the Dominant Tenement shall be conclusively deemed to be in full compliance with all parking 'requirements of the City of Temecula. 2Q_ Property Taxes. The owner in fee of the Servient Tenement shall and does hereby indemnify and hold the Owner in fee of the Dominant Tenement and all tenants of the Dominant Tenement safe and harmless from all property taxes assessed upon the Servient Tenement. If a possessory interest tax is assessed against the owner of the Dominant Tenement with respect to the easement interest in the Servient Tenement, the owner of the Do- minant Tenement shall pay such tax. If a possessory interest tax is assessed against the owner of the Ser- vient Tenement with respect to its easement in the Dominant Tenement, the owner of the Servient Tenement shall pay such tax. 21. Amendment or Termina tion. The Easement provided for herein may be amended or modified only upon a writing duly approved and executed by all parties then holding fee title to the Servient Tenement and the Dominant Tenement and duly recorded in the Official Records of Riverside County, California. 0953 Page 10 of 12 total pages 208241 22. Execution of Other Instruments, Deeds. Etc. The parties hereto covenant for themselves and their respective successors and assigns to execute such other instru- ments, deeds, documents and writings as may be reasona- bly and commercially necessary or desirable in order to carry out the intentions of the parties as more par- ticularly set forth herein. 23. Inftjnctive Relief. The Owner of the Dominant Tenement and all tenants of the Dominant Tenement shall have: the authority and standing to enforce the covenants and ob- ligations of the owner in fee of the Servient Tenement as provided herein and in that respect the owner in fee of the Dominant Tenement and the tenants of the Domi- nant Tenement shall have the right, in addition to dam- ages, to obtain appropriate injunctive relief to assure that the owner in fee of the Servient Tenement complies with the terms, provisions and covenants contained in this instrument. Prior to the filing of a suit for damages by the owner of the Dominant Tenement against the, owner of the Servient Tenement or by the owner of the Servient Tenement against the owner of the Dominant Tenement, written notice must be given to the alleged violator or breaching party and the alleged breaching party or violators shall have thirty (30) days in which to cure or mitigate damage and no such suit shall be filed until the expiration of said thirty (30) days. No such written notice need be given if such a party seeks equitable or injunctive relief. 24. Binding on Successors. The Easement and- all other rights set forth herein shall inure to the benefit of the successors and assigns in fee title interest of the Dominant Tenement and Servient Tenement and to the ten- ants of the Dominant Tenement Servient Tenement and their respective visitors, invitees and customers and shall inure to and pass with the conveyance of title to each and every portion of the Dominant Tenement. 24. Attorneys' Fees. In the event suit is brought for the interpretation or enforcement of this instrument, the prevailing party shall be entitled to recover its rea- sonable attorneys fees and costs. 25, Entire Agreement. This instrument supersedes any and all other agreements, either oral or in writing, be- tween the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to that subject matter. 26. Effect of Waiver. The failure of the owner in fee of the Dominant Tenement to insist on strict compliance with any of the terms, covenants, or conditions of this Page 11 of 12 total pages 0959 208241 instrument shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relin- quishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. IN WITNESS WHEREOF this Deed, Agreement and Reservation and Creation of Easement has been executed on April _, 1999. I'G;antoru FIRST & FRONT, a General Partner- ship, By: Temecula Investment Company, Inc., a California Corporation, General Partner By: Rog- rl-pperso', President And by: Cleveland Investment Co., Inc., a California Corporation, General Partner r By: Neil Cleveland, Prsident "Grantee&' And By: NOTARIAL ACKNOWLEDGMENTS C LEVET R STF R N T\EA S EM E NT4-14 APP ity Clerk RM: Pete M. Thorson, City Attorney Page 12 of 12 total pages 0960 208241 EXECUTION OF INSTRUMENT BY GENERAL PARTNERS Execution of Agreement and Grant of Real Property Subject to and Reserving Parking Easement ("Agreement & Grant") by First and Front, A California General Partnership, by Maurice L. Muehle and Scott L. Whitman, partners thereof. Maurice L. Muehle and Scott L. Whitman, and each of them, general partners of First & Front, do hereby consent to that transaction of First & Front described in the Agreement & Grant heretofore executed by First & Front, as grantor, and by City of Temecula, as grantee, and they, and each of them, do hereby execute this instrument and by doing so agree that the execution of this instrument by them, and each of them, constitutes further execution of the foregoing Agreement & Grant by the undersigned in their capacities as general partners and that they, and each of them, do hereby confirm and ratify the due execution of said instrument by First & Front. Executed this!C)th day of May, 1999 at Los Angeles, California. 4laurice L. Muehle CLEVEIFRSTFRNTIEXECUTION OF AGREEMENT SLW & MLM 0961 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT P �. s-1 r ^r;! r�rxr�r,--//. �s;cf-• µ1r — - —• �: ,.� ,. , ��._,. _ State of California County of Riverside ". ss. On May 11. 1999 before me, _ Margie T. Cohee. Notary Public Dale Name and Tale of Officer te.g., 'Jane Doe, otaryr PubIto ) personally appeared Peter N. Thorson MARG E T. COliE£ Ccrr,: t ,ssikrt #!'167659 No -cry Pticlic - CaI fornia Riverside County My Comm. Expires Ion a. 2032 Plop Notary Seal Above 208241 Name's) al Slgnetls) 'personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument ancf acknowledged to me that he/shJthey executed the same in his/14.e. their authorized capacity(ies), and that by his/hefE4#ieir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signore of Notary Punic Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner — ❑ Limited 0 General ❑ Attomey in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: RIGHT T1iUr1BPRINT OF Thp of Ihumb here e 1997 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No 5907 Reorder. Call Toll -Free 1-800-876-6827 0902 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. 208241 On May 11, 1999 , before me, Margie T. Cohee, Notary Public Date Name and Title of Officer (e.g. 'Jane Doe. Notary Public') personally appeared Steven Ford & Susan Jones m3arneis) of Sisylarlal ipersonally known to me. 1-1 proved to me on the basis of satisfactory evidence ral"lb-ah-ah-a"1."1"almlia-dihml. RGIE T. COHSE Commission # 1167659 + AM No-ary Public - California Riverside County My Comm. Expires Jan 5. 2CO2 Place Notary Seal Above to be the person(s) whose name(s) 4e/are subscribed to the within instrument and acknowledged to me that hefehe/they executed the same in hisAlaer/their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL • Though the information below is not required by laws it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual O Corporate Officer — Title(s): _ O Partner — 0 Limited 0 General ❑ Attomey in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: IGHTTHUMBPHINT OF SIGNER Top of thumb here © 1997 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 09 3 208241 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ...mrrc ��rrnr • State of Califomia County of R t v, ,z 5 /vi - ss. On /n,4 / /,_ /99, before me, L.'n �/ v Dale personally appeared jam! f Name and TNk of Oh r {e.g..'Jane Doe. e vez et-eJeoneie tv. Nome(s)of Signer(e) personally known to me proved to me on the basis evidence USA R. ALLBI Commission * 1212121 Notary Public - Callfamia Riverside COWdy MyCamm. hies Ma42D00 Plea Notary Seal Above iwla,y roeuc ) of satisfactory to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that hekslte I) executed the same in I3i~d authorized capacity(ies), and that by biz/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESy hand and official seal t OPTIONAL Mgnebr. or Novy Fabric i4 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 this form to another document } Description of Attached Document Title or Type of Document: ,, „r-- edz5t$ tfr:( - Gr. IA Document Date: 1, Signer(s) Other Than Named Above: 5*. _� V_ er of Pages: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): giV' Partner --- ❑ Limited ijeGeneral ❑ Attomey in Fact ❑ Trustee O Guardian or Conservator ✓ Other: Signer Is Representing: IGHT THUMBPRINT OF SIGNER Top of thumb here .17- A © 1997 National Notary Associalion • 9350 De Soto Ave., P O Box 2402 • Chatsworth. CA 91313-2402 Prod. No 5907 Reorder: Call Toll -Free 1-800-876-5827 09x;4 ti CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ti } 208241 State of California County of Los Angeles On May 10, 1999 Oats before me, Laura Hua, Notary Public Name and Title o4 Officer te.g.,'Jane (ker. Notary PubrIel personally appeared Maurice L. Muehle and Scott L. Whitman ttarnols} ul S:gnErrst 1E personally known to me – OR –LI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hier#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. WITNESS my hand and official seal. Signature of Notary Pud8c 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 this form to another document. Description of Attached Document Title or Type of Document: EXecution of Instrument= by General Partners Document Date: May 10, 1999 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual O Corporate Officer Title(s). _. ❑ Partner — D Limited O Attomey-in-Fact O Trustee O Guardian or Conservator O Other: 0 General Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O Individual ❑ Corporate Officer Title(s): O Partner — ❑ Limited ❑ Attomey-in-Fact O Trustee O Guardian or Conservator O Other: 0 General Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here .�1.,�..rr�.�J�.�JYs�.1rJ'1.1.1.iJJJJ'��l!/.�..�J�.,.�..Cts.,�.�,�1�..+'l��l../l.�.r.IY�►�.�yl!1�1��1���1 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 Prod. No. 5907 Reorder iCaff Toll-I-SOcg76-6827 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2: 208241 BEING LOTS 1, 2, 19 THROUGH 22, PORTIONS OF LOTS 3, 4, 5, 6, AND 18 OF BLOCK 30 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS ADJUSTED BY NOTICE OF LOT LINE ADJUSTMENT NUMBER PA93-0107 RECORDED AUGUST 26, 1993 AS INSTRUMENT NO.334292 AND DEEDS RECORDED DECEMBER 15, 1995 AS INSTRUMENT NOS. 416438 AND 416439, ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO THAT PORTION OF THE VACATED ALLEY RECORDED FEBRUARY 14, 1975, AS INSTRUMENT NO. 18241, AND ALSO THAT PORTION OF SECOND STREET VACATED, RECORDED NOVEMBER 9, 1993 AS INSTRUMENT NO. 447563, EXCEPT THAT PORTION OF LOTS 1, 2, AND 6 AS GRANTED TO THE COUNTY OF RIVERSIDE RECORDED FEBRUARY 24, 1988 AS INSTRUMENT NO. 47941 ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND SECOND STREET AS SHOWN ON SAID MAP; THENCE ALONG THE CENTERLINE OF SAID SECOND STREET SOUTH 44° 30' 26" WEST 30.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF FRONT STREET, SAID RIGHT OF WAY LINE ALSO BEING THE NORTHEASTERLY LINE OF SAID VACATED SECOND STREET; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 45° 29' 34" EAST 330.00 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF FIRST STREET; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 44° 30' 26" WEST 135.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 44° 30' 26" WEST 19.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 50' 04" AN ARC LENGTH OF 4.95 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 45° 29' 34" WEST 109.00 FEET; THENCE SOUTH 44° 30' 26" WEST 71.72 FEET; THENCE SOUTH 45° 29' 34" EAST 90.93 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF FIRST STREET PER DEED RECORDED FEBRUARY 24, 1988 AS INSTRUMENT NO. 47941 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50 FEET, A RADIAL TO SAID POINT BEARS NORTH 30° 01' 40" WEST; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 68° 35' 42" AND AN ARC LENGTH OF 59.86 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF RIVER STREET AS SHOWN ON SAID MAP; �9 6 208241 THENCE ALONG SAID RIGHT OF WAY LINE NORTH 45° 29' 34" WEST 305.12 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 44° 30' 26" EAST 118.00 FEET; THENCE SOUTH 45° 29' 34" EAST 181.00 FEET; THENCE NORTH 44° 30' 26" EAST 31.05 FEET; THENCE SOUTH 45° 29' 34" EAST 124.12 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3; BEING LOTS 1 THROUGH 8, OF BLOCK 29 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK15 PAGE(S) 726, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, INCLUDING A PORTION OF THE VACATED ALLEY RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863, ALSO INCLUDING A PORTION OF SECOND STREET VACATED, RECORDED NOVEMBER 9, 1993 AS INSTRUMENT NO. 447563 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND SECOND STREET AS SHOWN ON SAID MAP; THENCE ALONG SAID CENTERLINE OF SECOND STREET SOUTH 44° 30' 26" WEST 30.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF FRONT STREET, SAID RIGHT OF WAY LINE ALSO BEING THE NORTHEASTERLY LINE OF SAID VACATED SECOND STREET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 44° 30' 26" WEST 85.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 44° 30' 26" WEST 55.83 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 59° 55' 42" WEST 21.00 FEET; THENCE SOUTH 30° 04' 18" EST 22.26 FEET; THENCE SOUTH 45° 29' 34" EAST 9.00 FEET; THENCE SOUTH 44° 30' 26" WEST 118.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF RIVER STREET AS SHOWN ON SAID MAP; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 45° 29' 34" WEST 204.$8 FEET TO AN INTERSECTION WITH THE CENTERLINE OF SAID VACATED ALLEY; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF SAID VACATED ALLEY NORTH 44° 30' 26" EAST 200.00 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 45° 29' 34" EAST 180.00 FEET TO THE TRUE PONT OF BEGINNING. 096; H T 1 z i 1 i JL!. 39 5 D ! `1 719 208241 ,13 3: i 1D 19 i2 17 It 11 is 13 S •A)I IP i •_•frnv 4� • • f )1\1 :::' f i c 1 f 1h. e1 i4: , 1, i 2?) 0 . ill 1...5 fi ,_, ,, ) -0 : i z I( 1 L , 1 . I> i , i 1 ....._ ..• 11 1 e, ;;I 1-r i I - I„ 1: 1k' i - . - F 1 n ! T r._.4 ` 'I 1 ,. ay lit.— 4- . i .,._., ;�. 7 4_. - _ t -9•44,.— " 9 J'1 11 s ' ,\. f i. f , , •,;.t; 1 � , 1-"r r r r I IIS Y �"`—• . a• 1= 1 is 1 J, J .-- TENANT IMPROVEMENTS STREIT • F1 DAM saui 0968 w 1 I 208241 EXHIBIT "B" LEGAL DESCRIPTION Parcel 1 of Waived Parcel Map 27746 Being Lots 7 through 17, and a portion of Lots 5, 6, and 18 of Block 30 of the Town of Temecula, as shown by map on file in Book 15 of Maps, page 726, in the office of the San Dego County Recorder, State of California, as adjusted by Notice of Lot Line Adjustment Number PA93-0107 recorded August 26, 1993 as inst, no, 334292 and deeds recorded December 15, 1995 as inst nos. 416438 and 416439, Riverside County records, together with that portion of Front Street vacated per inst. no. 46491 recorded April 23, 1975, also that portion of the vacated alley per inst. no. 18241 recorded February 14, 1975, and also that portion of Second Street vacated per inst. no. 447563 recorded November 9, 1993, in the office of the Riverside County Recorder, described as follows: Commencing at the centerline intersection of Front Street and Second Street as shown on said map; Thence along the centerline of said Second Street South 44° 30'26" West 30.00 feet to the intersection with the southwesterly right of way line of said Front Street, said right of way line also being the northeasterly line of said vacated Second Street, also being the True Point of Beginning; Thence along said southwesterly right of way line of Front Street South 45°29'34" East 330.00 feet to the northwesterly right of way line of First Street; Thence along said right of way line of First Street South 44°30'26" West 135.95 feet; Thence leaving said right of way line North 45°29'34" West 124.12 feet; Thence South 44°30'26" West 31.05 feet; Thence North 45°39'34" West 190.00 feet; Thence North 30°04'18" West 22.26 feet; Thence North 59°55'42" East 21.00 feet to a point of intersection with the centerline of said vacated Second Street; Thence along said centerline North 44°30'26" East 140.83 feet to the True Point of Beginning. 0969 208241 OTHER EASEMENTS That portion of Parcel 1 of Waived Parcel Map 27746, as described in Certificate of Compliance PA96-0011, recorded August 22, 1996 as instrument number 317123, in the: office of the County Recorder, County of Riverside, State of California, described as follows: Beginning at the most southerly corner of Parcel 1; Thence along the southeasterly line of Parcel 1 North 44°30'26" East 15.00 feet; Thence leaving said line North 45°29'34" West 136.12 feet; Thence South 44°30'26" West 38.50 feet; Thence South 45°29'34" East 12.00 feet to a point on the southwesterly line of said Parcel 1; Thence along said line North 44°30'26" East 23.50 feet; Thence South 45°29'34" East 124.12 feet to the Point of Beginning. The above described parcel of land contains 0.053 acs. (2,324 s.f ), more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. -72 arkham, RCE 30657 3-31-00 09 V OTHER EASEMENTS AVOW STREET WAIVED P.M. 27744 CERT OF COMP 134 91,-0311 MA/9T. N0.317123, 842-96 PARCEL I C44'30'241,/ 38.50 N45° 29134"141 134./2' G45'1;9'1446 12.00' h? 4 PARCEL 2 124.IQ' S4561'9'3'1"E RIVER STREET f F1URRIETA CREEK ) CRR R. MARKHAM, RCE 30%57 QE: EXP. 3-31-00 ' No. 30657 "" + Ali Exp. 3 i 31 !OD */ 208241 N44 30' "E 1.5.00' POINT OF BEIAIn1IW tit li 0971 OTHER EASEMENTS That portion of Parcel 2 of Waived Parcel Map 27746, as described in Certificate of Compliance PA96-0011, recorded August 22, 1996 as instrument number 317123, in the office of the County Recorder, County of Riverside, State of California; described as follows: Beginning at the most easterly corner of said Parcel 2; Thence North 45°29'34" West 124.12 feet along the northeasterly line of said Parcel 2; Thence South 44°30'26" West 23.50 feet; Thence leaving said line South 45°29'34" East 12.00 feet; Thence North 44°30'26" East 8.50 feet; Thence South 45°29'34" East 112.12 feet to a point on the southeasterly line of said Parcel 2; Thence North 44°30'26" East 15.00 feet along said line to the Point of Beginning. The above described parcel of land contains 0.045 acs. (1,964 s.f ), more or less. See Exhibit "D" attached hereto and by this reference made a part hereof. 11 Mar am, RCE 30657 g xp. 3-31-00 208241 1i97 OTHER EASEMENTS FRONT STREET PARCEL 3 1 WAIVED RM. 27746 CERT. OF COMP PA94-00II (NST NO. 317123, 8-22-96 PARCEL 1 644°30'26"W 25.50' 208241 NQS°29'94 "W IZ4.12' S4.5°Q9134"E IZ.00 PaRCEI, 2 MINT OF 8G1NN1 N� N44°50'Q6"E 15.00' S4 • P 69°12z p_6,• RIVER STREET (MVRRIETt CREEK) 41 Fi. 111,1,1•?..../. SP ct- ".:, sT1 . a No. 30857 ar l = ol Exp. 3 ;31 ! 0 * f Civ OF CAlost LAR y R. MARKHAM, RCE 30&57 F'Fg/EX. 3-31-00 Co 14. 0973 208241 CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the attached Agreement and Grant of Real Property Subject to and Reserving Parking Easement was approved by the City of Temecula pursuant to that certain document entitled Agreement and Grant of Real Property Subject to and Reserving Parking Easement dated May 6, 1999 was accepted by order of the City of Temecula made on April 20, 1999, and the grantee consents to the recordation thereof by its duly authorized officer. 511211? Date R:\HOUSIa:i5/12/99jrm x:974 PHASING SCHEDULE Phase I Improvements: 1. (N) AREA "A"/"D" EXTERIOR ENTRANCE AT EAST ELEVATION AND (N) ENTRY DOOR, INTERIOR QUEUE STAIRWELL WITH MEZZANINE ENTRANCE 2. ESTABLISH 2 -HOUR RATED WALL BETWEEN STAMPEDE (AREA A) AND NORTHERN SPACE (AREA B) 3. FACADE IMPROVEMENTS ALONG EXTENTS OF PHASE I AREA AT OLD TOWN FRONT STREET 4. HANDICAP AND FIRE ACCESS ON WEST SIDE FROM (N) ADDITION OF BULL AREA TO (N) TRASH ENCLOSURE 5. STREET IMPROVEMENTS OF GUTTER, SIDEWALK AND TREES ALONG EXTENTS OF PHASE I AREA "A" AT OLD TOWN FRONT STREET 6. (N) SIGNAGE FOR TENANT(S) 7. (N) FIRE RISER ROOM/FACP AT NORTHWEST CORNER OF AREA "B" Phase II Improvements: 1. AREA "B": NORTHERN FACADE IMPROVEMENTS TO INCLUDE (N) WINDOW TREATMENTS, (N) ENTRANCE, PATIO AND BACK OF HOUSE IN AREA "B" 2. IMPROVE PORTION OF CURB, GUTTER, SIDEWALK AND TREES ALONG SECOND STREET UP TO WESTERN EDGE OF AREA "B"/ EAST EDGE OF AREA "E"(PHASE V) 3. CREATE EASEMENT IN FAVOR OF RCWD FOR (E) UTILITIES. VACATE EASEMENT OF PUBLIC UTILITIES FROM VACATED 2ND STREET ON SUBJECT PARCEL (SOUTHERN PORTION) 4. GRANT 12 FT. EASEMENT TO CITY FROM THE WESTERLY TERMINUS OF EASEMENT NO. 4 ON APPLICANT'S NORTHERLY PROPERTY BOUNDARY ON SUBJECT PARCEL TO NORTHWEST PROPERTY CORNER. 5. (N) SIGNAGE FOR TENANT(S) Phase III Improvements: 1. CITY TO GRANT ENCROACHMENT PERMIT TO APPLICANT FOR INSTALLATION OF SIDEWALK ALONG SOUTHERN PROPERTY LINE 2. STREET IMPROVEMENTS ALONG EXTENTS OF PHASE III AREA "C" AT OLD TOWN FRONT STREET 3. SOUTHERN AND EASTERN FACADE IMPROVEMENTS OF PHASE III ALONG AREA "C" EXTENTS TO INCLUDE (N) WINDOW TREATMENTS AND (N) ENTRANCES 4. (N) SIGNAGE FOR TENANT(S) 5. (N) WESTERN EXTERIOR PATH OF TRAVEL FROM SOUTHWEST CORNER TO NORTHWEST CORNER ALONG EXTENTS OF AREA "C" Phase IV Improvements: 1. AREA "D": MEZZANINE TI FOR POSSIBLE SEPARATION FROM STAMPEDE BASED UPON FUTURE TENANT NEEDS 2. (N) SIGNAGE FOR TENANT(S) Phase V Improvements 1. AREA "E": NEW WESTERN BUILDING WITH GARDEN/PATIO/COURTYARD (FENCING) 2. COMPLETE CURB, GUTTER, SIDEWALK AND TREES ALONG NORTHWESTERN PROPERTY BOUNDARY 3. REMOVE (E) PARKING LOT TREES AND LIGHTING ALONG WESTERN FACADE (BY OTHERS) 4. (N) SIGNAGE FOR TENANT(S) STATEMENT OF OPERATIONS Revised March 30, 2017 Exhibit for Modification Application for CUP SECTION I. STATEMENT OF OPERATION • The primary equipment used for the Stampede business model includes: Various forms of media and sound equipment, a dance floor, a fully stocked bar, a mechanical bull; • Hours of operation shall be limited to between 11:00 am to last call at 1:30 a.m. and close at 2:00 a.m., Sunday through Saturday. The permittee may be open during any Old Town Street -wide function; • Number of employees: 25-30, as of this writing; • Proposed private security: 6 security hosts; • Proposed number of attendees: approximately 100 to 999; • Parking requirements detailed within Parking Agreement between Landowners and City of Temecula; • Music: DJ music, dance and dance instruction with occasional live act; • Signage, lights etc. as per existing codes; • No portable restrooms are required as building has adequate facilities; • All ADA improvements will be provided by City on the adjacent parking area. SECTION J. STATEMENT OF JUSTIFICATION • The site is suitable and adequate for the proposed use as it has been of the same use for over 20 years and has shown to qualify as such during that time, representing as the anchor tenant in the Old Town section of the City; • There will be no adverse traffic effect, again as stated above; • There will be no adverse impact on the general welfare of person residing in the community, again as stated above; • The design is and will be compliant with the existing and proposed development within the district and its surroundings. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING w= ' COMMISSION to consider the matter described below: CASE NO: APPLICANT: PROPOSAL: RECOMMENDATION: ENVIRONMENTAL: CASE PLANNER: PLACE OF HEARING: DATE OF HEARING: TIME OF HEARING: PA15-1158 & PA16-0517 Christopher Campbell PA15-1158, a Major Modification to allow for phased revisions to an existing structure (The Temecula Stampede) that will include facade improvements, an expansion of additional uses, and a new 3,808 square foot structure. PA16-0517, a Minor Modification to an existing Conditional Use Permit (CUP) for a dance hall that includes a reduction of the building area for the existing use and a revision to the previously approved hours of operation. The project is located at 28721 Old Town Front Street. Adopt a Resolution approving the project subject to Conditions of Approval In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15162, Subsequent EIRs and Negative Declarations) Eric Jones, (951) 506-5115 City of Temecula, Council Chambers 41000 Main Street, Temecula, CA 92590 June 21, 2017 6:00 p.m. The complete agenda packet (including any supplemental materials) 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.qov and will be available for public review at the respective meeting. Any writing 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 meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 21, 2017 TO: FROM: PREPARED BY: APPLICANT NAME: PROJECT SUM MARY: Planning Commission Chairperson and members of the Planning Commission Luke Watson, Director of Community Development Brandon Rabidou, Case Planner Steve Rawlings Planning Application Number PA17-0261, a Finding of Public Convenience or Necessity for 99 Cents Only Stores Corporation to obtain a Type 20 (Off -Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval PROJECT DATA SUMMARY General Plan Designation: Community Commercial (CC) Zoning Designation: Community Commercial (CC) Existing Conditions/ Land Use: Site: North: South: East: West: Commercial Shopping Center/ Community Commercial (CC) Santa Gertrudis Creek/ Open Space Conservation (OS -C) Lowe's/ Specific Plan # 6 (Camino Campos Verdes) Chaparral High School/ Public Institutional (PI) Winco/ Community Commercial (CC) BACKGROUND SUMMARY On February 7, 2017, Steve Rawlings submitted a Finding of Public Convenience or Necessity application (PC or N) for the 99 Cents Only Stores Corporation to obtain a Type 20 (Off -Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road. The existing store is located in Census Tract 496.00. Census Tract 496.00 currently has five (5) active off -sale licenses. The below table provides a listing of those licenses and the type of off - sale license. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\334C4F4E-AAF9-47B1-ABD9-328AA3F1 B2EF\17035.docx 1 LICENSE TYPE BUSINESS LOCATION 20 (Off -Sale Beer & Wine) Chevron 40635 Winchester Road 21 (Off -Sale General) Trader Joe's 40665 Winchester Road 21(Off-Sale General) Winco 40435 Winchester Road 21(Off-Sale General) CVS 40365 Winchester Road 20 (Off -Sale Beer & Wine) 7 Eleven 41125 Winchester Road Under the California Department of Alcoholic Beverage Control's (ABC) regulations, Census Tract 496.00 is considered "over -concentrated." By ABC's regulations, only four (4) off -sale licenses are permitted before a PC or N is required. The applicant is seeking a PC or N due to unique demographics (senior citizens and fixed incomes), products (discount grocery items), and the need to stay competitive in the grocery market. Additionally, the site is located along the high volume Winchester Road (79 North) corridor, and services an area much larger than Census Tract 496.00. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Staff examined the surrounding area for sensitive uses and found that the store is located near Chaparral High School and KinderCare (preschool/daycare). Under Temecula Municipal Code Section 17.10.020.B.2, the sale of alcoholic beverages at grocery stores and/or discount/department stores is a permitted use when the primary use is permitted by right (the 99 Cents Only Corporation Store qualifies as a discount/department store and is permitted by right in the Development Code). The discount/department store is permitted by right use; the setback requirement for education centers, day cares, and religious institutions does not apply. Additionally, Ralph's Grocery Store operated in a portion of the same location with a Type 21 (Off -Sale General) license for approximately ten (10) years. Adjacent to the 99 Cents Only Stores Corporation, a CVS pharmacy currently operates with a Type 21 ABC license (Off -Sale General). According to the applicant, 99 Cents Only Stores Corporation has been expanding grocery sections at all of its locations as a part of the company's growth strategy. As with many other grocers, 99 Cents Only Stores Corporation has included alcohol sales in many of its stores. Staff confirmed that various 99 Cents Only Stores Corporation locations, including Murrieta, Menifee, Poway, and Corona, offer the sale of beer and wine. 99 Cents Only Stores Corporation is proposing proactive measures to address potential areas of concern associated with discount alcohol sales. These proactive measures include: • No advertising of beer or wine posters in store windows • Beer and Malt packages are sold in the original manufactures packaging (such as 6 packs, 12 packs, 18 packs, 24 packs, or 30 packs) • Single wine bottles will be sold in a minimum of 375 ml in size • Wine coolers will be sold in a minimum of 2 -packs • All beer and wine will be displayed on shelves and there will be no cold storage of beer or wine • Alcohol sales are limited to 12 linear feet of shelf space in a highly visible location that is distanced from easy exits C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\334C4F4E-AAF9-47B1-ABD9-328AA3F1 B2EF\17035.docx 2 In addition to 99 Cents Only Stores Corporation self -imposing the above measures, staff has conditioned the project to ensure that the above standards are incorporated into the PC or N regulations. 99 Cents Only Stores Corporation also requires alcohol sales training, entry of birthdates into their point of sales, and has 13 security cameras located throughout the store. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on June 9, 2017 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery/discount stores, and the sale of beer and wine (off -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. FINDINGS Finding of Public Convenience or Necessity (Section 17.10.020) Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial designation includes retail, professional office, and service oriented business including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. The sale of beer and wine would serve as an incidental use to the establishment operations. The proposed use is consistent with the Development Code which allows for discount stores and grocery stores. Development Code Under Temecula Municipal Code Section 17.10.020.8.2, the sale of alcoholic beverages at grocery stores and/or discount/department stores is a permitted use when the primary use is permitted by right (the 99 Cents Only Corporation Store qualifies as a discount/department store and is permitted by right in the Development Code). Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The 99 Cents Only Stores Corporation is located within an existing shopping center on a developed lot within the Community Commercial zoning designation. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\334C4F4E-AAF9-47B1-ABD9-328AA3F1 B2EF\17035.docx 3 As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 496.00, where the 99 Cents Only Stores Corporation is located, is currently considered "over -concentrated" with off -sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). Four (4) off -sale licenses are allowed within the tract by ABC before being considered "over -concentrated." Currently, the tract has five (5) active licenses. This concentration of on -sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract, the regional draw of the mall, successful commercial centers, and tourism. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. As an ABC defined "over -concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 20 (off -sale beer and wine) ABC license. This is only the third Type 20 license located within this tract, and the 99 Cents Only Store Corporation operates under an "extreme" discount model, which is different than the surrounding discount/traditional grocery/department stores. Therefore, the use is not expected to result in an excessive number of similar establishments in close proximity. ATTACHMENTS Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\334C4F4E-AAF9-47B1-ABD9-328AA3F1 B2EF\17035.docx 4 AERIAL MAP City of Temecula PAI 7-0261 NORTH 0 250 500 Feet This map was made by the City of Temecula Geographic Information System The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County, The City of Temecula assumes no warranty or legal responsibility for the information contained on this map, Date and information represented on this map are subject to update and modification, The Geographic Information System and other sources should be queried for the most current information. This map is nol for reprint or resale. 13 Gnngraphic In( comas ion Systems PLAN REDUCTIONS 1MO le PUNS1 a laINIM Beer/Wine Display Area 12 lineal feet total PC RESOLUTION PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0261, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR 99 CENTS ONLY STORES CORPORATION TO OBTAIN A TYPE 20 (OFF - SALE BEER & WINE) ABC LICENSE FOR THE STORE LOCATED AT 40355 WINCHESTER ROAD (APN 920-080- 003), AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 7, 2017, Steve Rawlings filed Planning Application No. PA17-0261, a Finding of Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-0261, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Finding of Public Convenience or Necessity (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial designation includes retail, professional office, and service oriented business including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. The sale of beer and wine would serve as an incidental use to the establishment operations. The proposed use is consistent with the Development Code which allows for discount stores and grocery stores. Development Code Under Temecula Municipal Code Section 17.10.020.8.2, the sale of alcoholic beverages at grocery stores and/or discount/department stores is a permitted use when the primary use is permitted by right (the 99 Cents Only Corporation Store qualifies as a discount/department store and is permitted by right in the Development Code). B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The 99 Cents Only Stores Corporation is located within an existing shopping center on a developed lot within the Community Commercial zoning designation. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 496.00, where the 99 Cents Only Stores Corporation is located, is currently considered "over -concentrated" with off -sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). Four (4) off -sale licenses are allowed within the tract by ABC before being considered "over - concentrated." Currently, the tract has five (5) active licenses. This concentration of on -sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract, the regional draw of the mall, successful commercial centers, and tourism. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. As an ABC defined "over -concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 20 (off -sale beer and wine) ABC license. This is only the third Type 20 license located within this tract, and the 99 Cents Only Store Corporation operates under an "extreme" discount model, which is different than the surrounding discount/traditional grocery/department stores. Therefore, the use is not expected to result in an excessive number of similar establishments in close proximity. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Existing Facilities); Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery/discount stores, and the sale of beer and wine (off -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0261, a Finding of Public Convenience or Necessity for 99 Cent Store to obtain a Type 20 (Off -Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road and making a finding of exemption under the California Environmental Quality Act (CEQA) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. John H. Telesio, Chairperson 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. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA17-0261 A Finding of Public Convenience or Necessity for 99 Cents Only Stores Corporation to obtain a Type 20 (Off -Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road 920-080-003 N/A (no new grading) N/A (no additional square footage) N/A (no additional square footage) N/A (non-residential) N/A (not located within the Uptown Specific Plan) June 21, 2017 Not Applicable 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. 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. 3. Signage Permits. A separate building permit shall be required for all signage. 4. 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. 5. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7 Statement of Operations. The applicant shall comply with their Statement of Operations dated April 4, 2017, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 8. Advertising. The operator shall not advertise alcoholic beverages in any store windows, or in any area on the exterior of the property. 9. Alcohol Beverage Sales Area. Alcohol sales are limited to 12 linear feet of shelf space. 10. Packaging Requirements. All alcoholic sales shall be served in the original manufactures packaging (i.e.; 6 packs, 12 packs, 18 packs, 24 packs, or 30 packs). Single wine bottles shall be sold in a minimum of 375 ml bottles. Wine coolers shall be available in packages of no less than 2 -packs. Additionally, no cold storage of beer or wine shall occur. POLICE DEPARTMENT General Requirements 11. Type 20 License. The applicant has applied for a Type 20 License (Off -Sale Beer & Wine). A Type 20 license authorizes the sale of beer and/or wine for consumption off the premises where sold. No distilled spirits may be on the premises. Minors are allowed on the premises. 12. 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. 13. 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. 14. 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. 15. 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). 16. 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). 17. 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). 18. 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. 19. Public Telephones. Any public telephones located on the exterior of the building should be placed in a well -lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 20. 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. STATEMENT OF OPERATIONS Statement of Operations 99 Cents Only Store #334 40335 Winchester Rd., Temecula, CA April 4, 2017 Proposed Additional Use: Finding of public convenience or necessity and permit to sell beer and wine for offsite consumption (Type 20 ABC License) within a 16,399 square foot grocery and consumer goods store. Hours of Operation: 8am to lOpm - 7 days per week. Average number of employees per shift: 8 - 12 Beer and Wine Display Area: Display of beer and wine is proposed to be 12 lineal feet of shelve space near the front of the store in clear view of a checkout stand. There will be no posters advertising beer or wine in store windows. Beer and malt products will be sold only in manufacturer's pre-packaged containers such as: 6 -packs or 12 -packs or 18 -packs or 24 -packs or 30 -packs. Single wine bottles will be sold at a minimum of 375 ml in size and wine coolers will be sold in minimum of 2 -pack containers. All beer and wine will be displayed on shelves and there will be no cold storage of beer or wine. Security Measures: Surveillance cameras are located throughout the store. Employees go through corporate training for alcohol sales to ensure strict compliance to CA Department of Alcoholic Beverage Control laws. Point of sale system prompts cashiers for date of birth entry for all alcohol transactions. About 99 Cents Only Stores 99 Cents Only Stores is a unique retailer of primarily name -brand consumable general merchandise and groceries. They have always delivered great value to customers and provide an exciting primary shopping destination for price -sensitive consumers. The stores are attractively merchandised, clan, full service "destination" locations that offer customers significant value on their everyday household needs. From the first store opening in 1982, 99 Cent Only Stores has expanded to 317 extreme value retail stores with over 50% grocery items including a large area dedicated to fresh produce and bread. 99 Cents Only buys directly from almost every major name -brand grocery and consumer goods manufacturer in the nation including 3M, Cadbury Adams, Campbell's, Church & Dwight, Coca- Cola, Colgate-Palmolive, Con Agra, Del Monte, Dial, Dole, Energizer, Frito Lay, General Mills, Hasbro, Heinz, Hershey Foods, Johnson & Johnson, Kellogg's, Kraft, Masterfoods, Nestle, Procter & Gamble, Quaker, Revlon, Unilever and Wrigley. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: PA17-0261 APPLICANT: Steve Rawlings PROPOSAL: A Finding of Public Convenience or Necessity for 99 Cents Only Stores Corporation to obtain a Type 20 (Off -Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Brandon Rabidou, (951) 506-5142 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: June 21, 2017 TIME OF HEARING: 6:00 p.m. Notice of Public Hearing The complete agenda packet (including any supplemental materials) 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 — femeculaCA.gov and will be available for public review at the respective meeting. Any writing 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 meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 21, 2017 TO: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application No. PA17-0525, a Finding of Public SUMMARY: Convenience or Necessity for Antro Latin Sports Lounge. A valid Conditional Use Permit (PA96-0168) for a Bar/Nightclub currently exists on the property, however the California Department of Alcoholic Beverage Control requires a Finding of Public Convenience or Necessity due to the business ownership change located at 27725 Jefferson Avenue, Suite 10. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Alfredo Lopez General Plan Designation: Uptown Temecula Specific Plan Implementation (SP -I) Zoning Designation: Uptown Center (UC) Existing Conditions/ Land Use: Lot Area: Site: Existing Commercial Building / Uptown Center (UC) North: Existing Commercial Building / Uptown Center (UC) South: Existing Commercial Building / Uptown Center (UC) West: Existing Commercial Building / Uptown Center (UC) East: Jefferson Avenue Existing Commercial Building / Uptown Center (UC) Existinq/Proposed Min/Max Allowable or Required 1.12 N/A Total Floor Area/Ratio: 2,280 Square Feet N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY On March 23, 2017, Alfredo Lopez submitted Planning Application PA17-0525, a Finding of Public Convenience or Necessity for Antro Latin Sports Lounge to obtain a Type 48 license (On Sale General — Public Premises). A valid Conditional Use Permit (PA96-0168) currently exists on the property for the operation of a bar/nightclub. Per Section 17.04.010.G of the City of Temecula Development Code, "if after commencement of the use under the conditional use permit, the active use of the conditional use permit is discontinued for a period of three years, then the conditional use permit shall be deemed abandoned." The previous business (Jonny G's) at this location closed in October of 2014 allowing the current conditional use permit to remain active until October of 2017 without a bar/nightclub in operation. After October of 2017, a new conditional use permit would be required if the use has not commenced. The previous operator (Jonny G's) voluntarily surrendered the Type 48 license after the business closed. The California Department of Alcoholic Beverage Control (ABC) requires a new PC or N to be obtained for the Type 48 license due to the previous license being surrendered and ownership change of the location. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The project is located in the Uptown Center district of the Uptown Temecula Specific Plan at 27725 Jefferson Avenue, Suite 10. The project would operate a Latin sports lounge within an existing 2,880 square foot commercial suite. The proposed hours of operation are Monday and Tuesday from 4:00 p.m. to 9:00 p.m., Wednesday and Thursday from 4:00 p.m. to 1:00 a.m., Friday from 4:00 p.m. to 2:00 a.m., Saturday from 10:00 a.m. to 2:00 a.m., and Sunday from 10:00 a.m. to 9:00 p.m. While the operation of a bar/nightclub is an approved and conditionally permitted use, the Census Tract is "over -concentrated" with on -sale ABC Licenses and requires a Finding of Public Convenience or Necessity for an additional license. Per ABC, there are three on -sale licenses allowed and sixty-three existing within the Census Tract. The over -concentration of on -sale licenses within the Census Tract is due to the number of restaurants within this area of the City of Temecula in Old Town Temecula and the Uptown Temecula areas. A license for the Antro Latin Sports Lounge in the Census Tract for a Type 48 (On Sale General — Public Premises) would not result in an excessive number of similar establishments because, according to the California Department of Alcoholic Beverage Control, it would be only the third Type 48 license within the Census Tract whereas restaurants operate under a Type 47 (On -Sale General) license. While not a requirement of an ABC Type 48 license, Antro Latin Sports Lounge is proposing to serve food at the establishment including appetizers, salads, and sandwiches. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on June 9, 2017 and mailed to the property owners within the required 800 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The proposed Finding of Public Convenience or Necessity for Antro Latin Sports Lounge will operate in an existing building suite in a developed retail shopping center. No site expansion is proposed for the use. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. FINDINGS Finding of Public Convenience or Necessity (Section 17.10.020) Whether or not the proposed use is consistent with the General Plan and Development Code. As proposed, the Antro Latin Sports Lounge would operate as bar/nightclub permitted under a previously approved conditional use permit that is still valid due to the previous bar/nightclub business operation closing less than three years ago. Furthermore, the Uptown Temecula Specific Plan allows a bar, cocktail lounge, night club land use with a conditional use permit. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Antro Latin Sports Lounge is proposed within an existing shopping center on a developed lot within the Uptown Center district of the Uptown Temecula Specific Plan. The adjacent land uses are commercial in nature including restaurants and offices. Therefore, as conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. Antro Latin Sports Lounge is proposed within an existing shopping center on a developed lot within the Uptown Center district of the Uptown Temecula Specific Plan. The adjacent land uses are commercial in nature including restaurants and offices. Therefore, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. In addition, the site will remain unaltered, and 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. The addition of the proposed use does not impact any of the site requirements. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The Antro Latin Sports Lounge is located in a Census Tract which ABC considers `over - concentrated" with on -sale licenses. Per ABC, three on -sale licenses are allowed in this tract, and sixty three currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the Antro Latin Sports Lounge to be the sixty fourth establishment with an on -sale ABC License. The over -concentration of on -sale licenses within the Census Tract is due to the number of restaurants within this area of the City of Temecula in Old Town Temecula and the Uptown Temecula areas. A license for the Antro Latin Sports Lounge in the Census Tract for a Type 48 (On Sale General — Public Premises) would not result in an excessive number of similar establishments because, according to the California Department of Alcoholic Beverage Control, it would be only the third Type 48 license within the Census Tract whereas restaurants operate under a Type 47 (On -Sale General) license. ATTACHMENTS Aerial Map Plan Reductions PC Resolution Exhibit A — Draft Conditions of Approval Statement of Operations Notice of Public Hearing AERIAL MAP City of Temecula PAI 7-0525 NORTH 0 250 500 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County.. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map Data and information represented on this map are subject to update and modification The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. PLAN REDUCTIONS f+1s r<54 �O0.00, 109 51 -Ck rYS.}-roco, PIC, (i'x 4':' ) LT) (-In e3e .a.ec-11r 5 t our e 0. eco ) 4 -,a -toe, re-\ , e 6.110.. e,v-.k r7e� Ex PC RESOLUTION PUBLIC CONVENIENCE OR NECESSITY PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0525, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR ANTRO LATIN SPORTS LOUNGE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-400-031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 23, 2017, Alfredo Lopez filed Planning Application No. PA17- 0525 a Finding of Public Convenience or Necessity Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-0525, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Finding of Public Convenience or Necessity, Development Code Section 17.10.020: A. Whether or not the proposed use is consistent with the General Plan and Development Code; As proposed, the Antro Latin Sports Lounge would operate as bar/nightclub permitted under a previously approved conditional use permit that is still valid due to the previous bar/nightclub business operation closing less than three years ago. Furthermore, the Uptown Temecula Specific Plan allows a bar, cocktail lounge, night club land use with a conditional use permit. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; Antro Latin Sports Lounge is proposed within an existing shopping center on a developed lot within the Uptown Center district of the Uptown Temecula Specific Plan. The adjacent land uses are commercial in nature including restaurants and offices. Therefore, as conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses; Antro Latin Sports Lounge is proposed within an existing shopping center on a developed lot within the Uptown Center district of the Uptown Temecula Specific Plan. The adjacent land uses are commercial in nature including restaurants and offices. Therefore, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. In addition, the site will remain unaltered, and 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. The addition of the proposed use does not impact any of the site requirements. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; The Antro Latin Sports Lounge is located in a Census Tract which ABC considers "over -concentrated" with on -sale licenses. Per ABC, three on -sale licenses are allowed in this tract, and sixty three currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the Antro Latin Sports Lounge to be the sixty fourth establishment with an on -sale ABC License. The over concentration of on -sale licenses within the census tract is due to the number of restaurants within this area of the City of Temecula in Old Town Temecula and the Uptown Temecula areas. A license for the Antro Latin Sports Lounge in the census tract for a Type 48 (On Sale General — Public Premises) would not result in an excessive number of similar establishments because, according to the California Department of Alcoholic Beverage Control, it would be only the third Type 48 license within the census tract whereas restaurants operate under a Type 47 (On -Sale General) license. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Existing Facilities); The request for a finding of Public Convenience or Necessity for the Antro Latin Sports Lounge will operate in an existing building suite in a developed retail shopping center. No site expansion is proposed for the use. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0525, subject to the Findings for Public Convenience or Necessity with no conditions of approval. No other application is required. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. John Telesio, Chairperson ATTEST: Luke Watson, Director of Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson, Director of Community Development Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL PUBLIC CONVENIENCE OR NECESSITY EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA17-0525 Project Description: A Finding of Public Convenience or Necessity Application to allow a Type 48 license for Antro Latin Sports Lounge located at 27725 Jefferson Avenue, Suite 10 Assessor's Parcel No.: 921-400-031 MSHCP Category: N/A (no new grading) DIF Category: N/A (no additional square footage) TUMF Category: N/A (no additional square footage) Quimby Category: N/A (non-residential) New Street In -lieu of Fee: N/A (no new grading or additional square footage) Approval Date: June 21, 2017 Expiration Date: N/A PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with the Uptown Temecula Specific Plan (SP#14). 4. Signage Permits. A separate building permit shall be required for all signage. 5. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7 Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 8. Previous Conditions of Approval. All previous Conditions of Approval from PA96-0168 shall remain in full effect unless superseded herein. 9. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 10. Live Entertainment. No live entertainment is permitted as part of this Public Convenience or Necessity application. Any proposed live entertainment would require a modification to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the Development Code. 11. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. 12. Floor Plans. The size of the bandstand/stage and the dance floor shall be in conformance with the previously approved CUP (PA96-0168) which specifies that the bandstand/stage area shall be 7' x 14' (98 square feet) and the dance floor shall be 14' x 10' (140 square feet). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 13. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements 14. Type 48 License. The applicant has applied for a Type 48 On -Sale General — Public Premises (Bar, Tavern) which authorizes the sale of beer and wine, and distilled spirits for consumption on the premises where sold. Minors are not allowed to enter and remain. Food service is not required. 15. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 16. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 17. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 18. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 19. Section 303 (a) (PC). On -sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. 20. 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). 21. 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). 22. 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). 23. 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. 24. Entertainment Rules. On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 25. Under Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). 26. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS SECTION C. STATEMENT OF OPERATIONS Antro Latin Sports Lounge will be the first of its kind Latin Sports Lounge located within the City of Temecula. Antro Latin Sports Lounge is unique in that it will provide a first of its kind Latin experience for all the residents of Temecula and the surrounding communities. There currently are no Latin sports/entertainment lounges in the Temecula area. Antro Latin Sports Lounge will be the first sports bar to focus on Latin sporting events such as international Latin soccer, baseball, boxing and other Latin sporting events. This will give an opportunity for patrons to see such soccer stars as Lionel Messi and Cristiano Ronaldo and the World Baseball Classic featuring teams from Latin America In addition, Antro Latin Sports lounge plans to provide food service with a Latin flavor. Antro Latin Sports lounge plans to have bilingual employees who will make English speaking and Spanish speaking patrons feel right at home. Antro Latin Sports lounge will be a family run business operated by Alfredo and Yisset Lopez. Along with my wife, Yisset and our 22 -year-old son Alexis, I will be operating Antro Latin Sports Lounge. Our Family has resided in Menifee California since February 2009. I am an attorney who has been in law practice for over 25 years and am currently licensed in the State of Washington. Our family moved here from Seattle Washington, where I had resided since 1983. Additionally, we own and operate a commercial/apartment building in Seattle Washington. Antro Latin Sports lounge proposes to provide a Latin sports experience to Temecula and surrounding communities. To my knowledge there are no Latin Sports lounges in Temecula providing Latin sports Previously the location for Antro Latin sports lounge was a bar/lounge establishment. Antro Latin Sports lounge is proposing to open under the same classification as the previous establishment, i.e. Type 48 on site On Sale Public premises. While Food service is not required under the type 48 license, Antro Latin Sports lounge will make food service a priority. Antro Latin Sports lounge will provide a variety of foods to Statement of operations -1 compliment the Latin experience. From Latin sandwiches, such as The Cuban, roasted Pork & Ham topped with Swiss Cheese, Dill Pickle, Mayo & Mustard on pressed Hoagie Roll, and the Baum: Brazil's most famous sandwich, a hollowed -out French roll with slices of roast beef, melted mozzarella cheese, tomato, and pickles. Latin salads such as Cuba's Ensalada de Aguacate y Pifia (Avocado and Pineapple Salad) and Mexican -Style Slaw with Jicama, Cilantro & Lime. Appetizers such as Spanish meat and sliced cheese, Jamon Serrano, chorizo pamplona & blanco with Manchego cheese, Tapas Olives, Spanish Olives, Black and green olives in garlic, olive oil, and spices and traditional Nachos, Cheese, Guacamole, Sour Cream, Sauce and Jalapefios. This is just a small sample of Antro Latin Sports Lounge's anticipated food menu. Additionally, Antro Latin Sports Lounge will focus its cocktail service upon traditional and exciting Latin mixes such as Cuba Libre which was invented casually during the Spanish- American War when American Captain Russell stepped into a bar. and ordered a glass of rum and a wedge of lime. Moments later he ordered a coke with ice. It suddenly occurred to him to pour all the liquids into one glass. The drink was so tasty that Russell ordered a round for his soldiers. They raised their glasses and toasted: "Por Cuba Libre! (For a free Cuba!). After that, Cuba Libre became an instant hit in Cuba and all over the world. Also, the Pisco sour, one of the most popular cocktails in Peru. Originally invented by an American bartender working in Lima in the 1920's. Pisco is a colorless brandy usually produced in both Peru and Chile. It became well known by Americans, especially to Californians, and was enjoyed by great artists such as Ernest Hemingway and Orson Welles. And the traditional Margarita, the queen of all cocktails which has a mixed background, Mexican and American. Some people affirm that Margarita was created in Mexico; others say it had a Texan origin. Antro Latin Sports lounge will offer different versions of Margaritas, prepared with all sorts of fruits: mango, peach, strawberry, raspberry, banana or melon. Antro Latin Sports Lounge will truly be unique in that it will provide a first of its kind Latin experience for all the residents of Temecula and the surrounding communities. In addition, discussions with the building owners are underway and aimed at installing additional Kitchen facilities to allow a potential re classification into a restaurant Type 47 license. In any business, the amount of income generated increases the likelihood of success. Antro Latin lounge will prioritize increasing overall income through additional food sales. It is Statement of operations - 2 anticipated that the planned re classification into a full-time restaurant can be accomplished within one year. Hours and days of operation. Antro Latin Sports lounge plans to be open Wednesday through Sunday. Hours of operation Wednesday and Thursday are expected to be 4:00 p.m. to 1: oo' a... Friday hours of operation are expected to be 4:00 p.m. to 2:00 a.m. Saturday hours are expected to be 10:00 a.m. to 2:00 a.m. and Sunday hours are expected to be 10:00 a.m. to 9:00 p.m. Mo...a..y 4-00 p..r.. Ara q:00 ?.. Number of employees Antro Latin Sports lounge is expected to employ approximately 8-12 employees_ Numberof required parking Based upon the square footage of Antro Latin Sports lounge the maximum number of required parking is estimated to be 15. Average daily peak trips generated The proposed use of Antro Latin Sports Lounge similar to the use that was allowed under the previous business at the same Location. That business closed in October 2014. Average daily peak trips generated should be similar in number to the previous business use. Type if equipment or processes used. Antro Latin Sports Lounge will be using food service and Sports bar/lounge equipment. Additionally, sound equipment, lighting and televisions will be used for Sports Description of Hazardous material (existing and new) None. Other descriptions that effectively describe the proposed use. Statement of operations - 3 The proposed use is the same use that was allowed under the previous business at the same location. That business closed in October 2014. Antro Latin Sports lounge will be providing a Latin sports facility. Antro Latin Sports Lounge will focus on broadcasting Latin sporting events such as soccer, baseball and boxing events. Antro Latin Sports Lounge will base its food and beverage service on a Latin theme. Security plan Antro Latin Sports Lounge will provide its own well trained uniformed security personnel anytime the business is open after 9 p.m. and as such will enhance the overall security of the area. In addition, Antro Latin lounge will be installing a 16 -camera surveillance system that will include surveillance of the parking areas. This recording surveillance system will allow visual evidence available for any prosecutions against any criminal activity and be an aide for police and prosecutors. Additionally, Antro Latin lounge will be installing a monitored security system so that additional security measures will be provided during hours when the business is closed. Antro Latin Sports Lounge will welcome any advice, guidance or training the Temecula Police department may offer. Of importance is that several close friends of owners Alfredo and Yisset Lopez work in various local police departments and have offered their assistance in providing training or advice to our business and security personnel. Approximate percentage of store products devoted to alcohol Antro Latin Sports lounge will use approximately 35 % of all store products devoted to alcohol. Statement of operations - 4 APPETIZERS Mexican Cream Cheese Rollups cream cheese, green and black olives, green onions wrapped in flour tortillas served with salsa Spanish Meat and Sliced Cheese Serrano ham, chorizo pamplona & blanco with Manchego cheese. Tapas Olives, Spanish Olives, Black and green olives in garlic, olive oil, and spices Jalapeno Peppers Breaded jalapeno peppers filled with.cream cheese Quesadilla Cheese, guacamole, Sour Cream and Pico de Gallo Spinach and Tomatillo Guacamole Spinach, tomatillos, tomato, white onion, cilantro and avocado Tortilla Chips & Salsa SALADS CUBA'S ENSALADA DE AGUACATE Y PINA pineapple chunks, avocados, iceberg lettuce, sweet red onion JICAMA SALAD jicama, cilantro and lime juice HOUSE SALAD A bed of mixed Greens with Tomato, Green Peppers, Carrots & Cucumbers with your choice of dressing SANDWICHES (SERVED WITH MEXICAN -STYLE SLAW; CABBAGE, JICAMA, CILANTRO AND LIME JUICE) Barros Luco Similar to a Philly Cheese steak, it was named after Chilean president Ramon Barros Luco, who always asked for this sandwich, made of thinly sliced roast beef and melted cheese Bauru Brazil's most famous sandwich, a hollowed -out French roll with slices of roast beef, melted mozzarella cheese, tomato, and pickles. The Cuban Slow roasted Pork & Ham topped with Swiss Cheese, Dill Pickle, Mayo & Mustard on pressed Hoagie Roll Latin Club Chicken or Turkey Club Sandwich with bacon, lettuce, tomato, jalapeno, provolone cheese, and avocado Torta Authentic Mexican style grilled sandwich made with beans, mayonnaise, tomato, lettuce, onions, avocado and sliced jalapeno peppers, if desired Asada: Roast beef, cheese Hawaiiana: Ham, pineapple, cheese Jamor,1 eon Queso: Ham with cheese Tres Quesos: Swiss, American, Panela cheese BEVERAGES CUBA LIBRE Cuba Libre which was invented casually during the Spanish-American War when American Captain Russell stepped into a bar and ordered a glass of rum and a wedge of lime. Moments later he ordered a coke with ice. It suddenly occurred to him to pour all the liquids into one glass creating the CUBA LIBRE. PISCO SOUR One of the most popular cocktails in Peru. Originally invented by an American bartender working in Lima in the 1920's. Pisco is a colorless brandy usually produced in both Peru and Chile. It became well known by Americans, especially to Californians, and was enjoyed by great artists such as Ernest Hemingway and Orson Welles MARGARITAS Some people affirm that Margarita was created in Mexico; others say it had a Texan origin. Antro Latin Sports lounge offers different versions of Margaritas, prepared with all sorts of fruits: mango, peach, strawberry, raspberry, banana or melon TEQUILA Known as the essence of Mexico with a history surrounded by myths, traditions, and legendary stories. Its origin and history can be traced back to the early 1500's. See our full drink menu for our variety of Latin specialty drinks and tequilas ANTRO LATIN SPORTS LOUNGE NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA17-0525 Applicant: Alfredo Lopez Proposal: A Finding of Public Convenience or Necessity for Antro Latin Sports Lounge. A valid Conditional Use Permit (PA96-0168) for a Bar/Nightclub currently exists on the property. However, the California Department of Alcoholic Beverage Control requires a Finding of Public Convenience or Necessity due to the business ownership change located at 27725 Jefferson Avenue, Suite 10. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Scott Cooper, (951) 506-5137 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: June 21, 2017 Time of Hearing: 6:00 p.m. \ �I Project. Site 1,006 r1 0 The complete agenda packet (including any supplemental materials) 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 and will be available for public review at the respective meeting. Any writing 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 meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 21, 2017 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application Nos. PA15-1885, a Development Plan SUMMARY: Application, and PA15-1886 a Planned Development Overlay Amendment for the construction of an approximately 493,044 square - foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. RECOMMENDATION: Adopt the proposed Planning Commission Resolutions recommending City Council approval of (1) a development plan, subject to conditions of approval, (2) a planned development overlay amendment, and (3) approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program CEQA: Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program PROJECT DATA SUMMARY Name of Applicant: Aaron Walker General Plan Designation: Public Institutional (PI) Zoning Designation: Planned Development Overlay (PDO -7) Existing Conditions/ Land Use: Site: Vacant, Linfield Christian School / Public Institutional (PI) North: Rancho Vista Road, Single Family Residential / Low Medium Density Residential (LM) South: Pauba Road, Single Family Residential, Paloma Elementary School / Low Medium Residential (LM), Public Institutional (PI) East: Single Family Residential / Very Low Density Residential (VL) West: Temecula Valley High School / Public Institutional (PI) Lot Area: Existinq/Proposed Min/Max Allowable or Required 15.58 Acres 0.16 Acres Total Floor Area/Ratio: 0.72 N/A Landscape Area/Coverage: 34.0% Proposed 25.0% Minimum Parking Provided/Required: 265 Parking Spaces 193 Parking Spaces Required Proposed BACKGROUND SUMMARY On December 21, 2015, Aaron Walker submitted Planning Applications PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units, generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. The application proposes the development and operation of a congregate care facility consisting of nine structures collectively known as the Linfield Village Senior Living Community. There were three community meetings organized by the applicant that City Staff attended at the Linfield Christian School on July 11, 2016, November 30, 2016 and February 27, 2017, at which there were presentations by Linfield Christian School and Generations, along with a question and answer session at each meeting. A Mitigated Negative Declaration (MND) was prepared for the project as discussed in the "Environmental Determination" section of this staff report. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The project is located in Planning Area 3A of the Linfield Christian School Planned Development Overlay (PDO -7), generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road on an undeveloped lot. The project is for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units. The project is broken up into three buildings or building types: Building A is the main building of the community and is approximately 356,352 square feet, including a parking garage, located along Rancho Vista Road. The building varies in number of stories from two and three stories, over parking garage, along Rancho Vista Road to four stories over a partial parking garage in the middle and the south side of the building adjacent to the Linfield Christian School. Within Building A are 226 independent living, assisted living, and memory care units along with an approximately 9,319 square foot theater for theatrical performances, a vitality center that includes an indoor swimming pool and spa along with exercise and aerobics rooms, offices, salon, credit union, chapels, library, theater, activity and lounge areas, kitchen and dining facilities, wine cellar, and a billiards room. Building B is an approximately 89,652 square foot four story building, including a parking garage, located on the southwest portion of the project that has 59 independent living units along with lobbies on each of the four floors. The C Buildings are eight individual buildings that each contain four units that range in size from approximately 1,120 square feet to 1,170 square feet per unit. Each unit has its own private entry, kitchen, living area, bedroom, and garage and functions as a condominium unit. In addition to the indoor amenities offered, the project will also provide outdoor amenities including individual private open space (balconies or patios) for all the non -memory care residential units, an 18 -hole putting green golf course, raised gardens, walking paths with a pond, a rose garden, four different courtyards including a secure courtyard for the memory care residents, fountains, and open space. The vehicular access to the project is from two driveways on Rancho Vista Road. The western driveway is the main access point to the community with a greeter booth and gates. The eastern driveway would function as the secondary access to the community as well as the primary entrance for the memory care portion of the community. In addition, there is fire access only via gates and a knox rapid entry system in case of emergency located at the rear of the site, that will not be accessible by the residents of the community or the surrounding neighborhood. On weekdays from 7:00 a.m. to 9:00 a.m., the western driveway, or main entrance, outbound gate will be closed and traffic will be directed to the eastern driveway in order to mitigate the forecasted significant outbound left turn delay from the site during those hours. It will also help with morning traffic leaving the residential neighborhood to the north by not causing an additional turn delay. The project will be widening Rancho Vista Road along the project frontage from two lanes to four lanes along with adding in dedicated left turn lanes at the Via Del Greco intersection, one westbound into the project and one east bound onto Via Del Greco. In addition, a dedicated right-hand eastbound turn lane and a dedicated left-hand west bound turn lane will be added to the eastern driveway intersection. The project is required to provide 193 parking spaces for the congregate care use per Table 17.24.040 of the City of Temecula Development Code. The project proposes 265 parking spaces. Planned Development Overlay Amendment The project is proposing an amendment to the existing Linfield Christian School Planned Development Overlay. The proposed amendment includes language specific for congregate care housing as it relates to the review of design guidelines, revisions to the planning area boundaries, changing the congregate care housing land use from a conditionally permitted use to a permitted use, and addition of development standards that did not exist in PDO -7. - Design Guidelines: o Language added provides for Planning Areas 1A and 1B to be reviewed against the Linfield Christian School Master Plan while development within Planning Areas 2, 3A, and 3B to comply with the City of Temecula Citywide Design Guidelines. Development outside of the main campus which is located within Planning Areas 1A and 1B is more commercial or residential in nature and should be held to the design guidelines of similar projects within the City of Temecula. o Congregate housing shall follow the supplemental development standards within the City of Temecula Development Code unless modified within PDO -7. This allows for the project to meet the standards of the development code and/or the site specific standards of PDO -7. - Planning Area Boundaries: While still having three different planning areas, the boundaries and size of the planning areas have been revised and Planning Area 3 has been further separated into two subareas. - Schedule of Permitted Uses: The congregate care housing land use has been changed from a conditionally permitted use to a permitted use in Planning Areas 3A and 3B. As a conditionally permitted use, there would be no additional conditions placed on the development of congregate care housing from those of a permitted use. - Development Standards: Development standards for congregate care housing were added to PDO -7 including minimum livable floor area, minimum private open space area, minimum common area open space, lot coverage and floor area ratios, and building height. Architecture The project incorporates several architectural elements within the Spanish Revival design style throughout the community including dark exposed wood rafter tails, white stucco, courtyards and plazas, terracotta s -tile roof throughout, decorative wrought iron, decorative tile at building openings and arch ways along with decorative tile stucco niches, and curves and arches for windows and doorways. The project is also incorporating a divided light element on the majority of the windows. Landscaping The project, when completed, would provide 34% landscaping which exceeds the minimum 25% landscape requirement of the development code. Plant types include crape myrtle, California sycamore and live oak, western redbud, Australian willow, chitalpa, rosemary, lilac, red hot poker, and white sage. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on June 9, 2017 and mailed to the property owners within a 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Draft Mitigated Negative Declaration (MND) was prepared under staff's direction by Michael Baker International and was distributed to responsible agencies, interested groups, and organizations. The 30 -day public review and comment period for the Draft MND commenced on September 23, 2016 and concluded on October 24, 2016. Notices were mailed to surrounding property owners, signs were placed on the property, and a notice was placed in the local paper. The City of Temecula received five written comments and responded to each comment in the Final MND, which includes all timely received written comments and responses thereto. Comments were received by the Temecula Valley Unified School District, Governor's Office of Planning and Research, Eastern Municipal Water District, Riverside County Flood Control and Water Conservation District, and the Agua Caliente Band of Cahuilla Indians. The Final MND was provided to commenting agencies in compliance with State Law. A copy of the Final MND has been provided to the Commission. The MND determined that project impacts can be mitigated to levels considered less than significant assuming implementation of mitigation measures The MND included a Mitigation Monitoring and Reporting Program a summary of which is provided below. AIR QUALITY General Impact: Short-term cumulative impacts to air quality due to construction. Summary of Mitigation: Water exposed surfaces daily, suspend if winds exceed 25 m.p.h., cover stockpiles of debris, and apply soil stabilizers to inactive areas. BIOLOGICAL RESOURCES General Impact: The project site has the potential to contain burrowing owls. Summary of Mitigation: A focused survey prior to grading will be required. BIOLOGICAL RESOURCES General Impact: The project has the potential to contain avian birds Summary of Mitigation: Construction should occur outside of the breeding season other a preconstruction nesting bird clearance survey will be required. BIOLOGICAL RESOURCES General Impact: Streambed alteration Summary of Mitigation: Prior to issuance of a grading permit a Section 404 and Section 401 permit shall be obtained BIOLOGICAL RESOURCES General Impact: Habitat disturbance Summary of Mitigation: Prior to issuance of a grading permit a Determination of Biologically Equivalent or Superior Preservation (DBESP) shall be submitted to and approved by the appropriate Wildlife Agencies. CULTURAL RESOUCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Summary of Mitigation: An archaeological monitor shall be present during any earthmoving activities associated with the project. CULTURAL RESOURCES General Impact: Discovery of human remains Summary of Mitigation: GEOLOGY and SOILS The County Coroner shall be notified and construction activities halted. If remains are found to be Native American, the Heritage Commission shall be notified. General Impact: Soil erosion and water quality Summary of Mitigation: A Stormwater Pollution Prevention Plan and Best Management Practices shall be prepared and approved HAZARS AND HAZARDOUS MATERIALS General Impact: Potential for contaminated soil Summary of Mitigation: Registered Professional Engineer or Geologist shall consult during soil excavation and grading activities. NOISE General Impact: Potential construction, operational, and traffic noise impacts. Summary of Mitigation Limit construction activities to between 7 a.m. and 6:30 p.m., implement noise attenuation on construction equipment, and provide a telephone number for the disturbance coordinator to be conspicuously posted at the construction site. FINDINGS Development Plan (Code Section 17.05.010.F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed 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 as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. 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. Zone Change/Planned Development Overlay Amendment 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 Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of the proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. ATTACHMENTS Aerial Map Plan Reductions PC Resolution — Mitigated Negative Declaration Exhibit A — Mitigation Monitoring and Reporting Program City Council Resolution — Mitigated Negative Declaration Exhibit A — Mitigation Monitoring and Reporting Program PC Resolution — Planned Development Overlay Amendment Exhibit A — City Council Ordinance Exhibit A — Planned Development Overlay Planned Development Overlay Amendment Planned Development Overlay Amendment (Underline/Strikeout) PC Resolution - Development Plan Exhibit A - City Council Resolution Exhibit B — Draft Conditions of Approval Final Mitigated Negative Declaration (MND) with Appendices with can be downloaded at [http://temeculaca.gov/362/Environmental-Review-CEQA] Notice of Public Hearing AERIAL MAP City of Temecula PAI5-1886 , if 1 itit;PJ4if 41.1.0114 I ,Igic VI . 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This map is not for reprint or resale 33 Systems PLAN REDUCTIONS City of Temecula PAI 5-1885 NORTH 0 500 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County, The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification, The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale, 1,000 Feet 11 Geographic Information Systems 1 _e ._ w__ Loxvo _ _1 Z471a ]1|S *1INnw W O 3 O NIA|] IOIN]S ]O V11IA O]]|]N|] PROJECT INFO ! 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Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively referred to as the "Project"). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Applications and environmental review on June 21, 2017, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Application Nos PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan and associated applications, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and expired on October 24, 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 City of Temecula website, and the Ronald H. Roberts and Grace Mellman libraries. C. Five 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. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends that City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21S` day of June, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Linfield Village Senior Housing Development Project PROJECT NAME: Scott Cooper, Associate Planner, City of Temecula PROJECT MANAGER: co cu .D 2 m O 0. C .o C)1 O y W f0 O) a) C G .E O .2 �pG m C d- Z] } i9 N m o '29§ .PN a y Vim$ E a N 2 pais c 0 C a:s-0 4 aE aO as ODA u_ cc ,41 N E $ 2 15 to E E o_ O) a i7 p _ O) j N .cr 7, g§ g o -2 co a of € .X CO :_. 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N c%E mcn5 Biological Resources Mitigation Measure (810.2) ›..0_0mw sit �.0 082:s a. y S a w o c N .0so C c 8 o m 1 W 8 N §8030) CI g not -.® E S §2(0 a v m o t o m o c10 tp 0 10 .n 0 . g S't 9 T mG 0 ss0 - 0 y N •:I'E C 0 Sib 'j N - 3 Sly mo 00 n .9 °O' E c E a1 :E v m 0 0 E5..4221- a) ' gre m2 Biological Resources Mitigation Measure (BIO.3) Biological Resources Mitigation Measure (BI0.4) -0 a m 0 V v� Oa M• t,.1 O �J M O 0 to as tco G C 0 d cnEmcn5 Biological Resources Mitigation Measure (310.5) C @ m L N -' 2.2 81-'10 1i a0,3d 0)d N c d U Q Ty 8 C.3g E =_ N J 2 :(:- m�azE•a c ! rai ti 5 E A e m 2 geL J� 8 ,- ▪ 10N o 10f' m a a _' € 0 '2 10 2 2. = 10 0. 'w E a - t 2 (0 C 10 s3q�-5a'a m .n S a.,2 va-$0Sa=2 i! cGy p. 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(1 J o# 3 E 9° e�a'ns rn ai c a 0 m m '2 @ Y.s t B - ng #▪ a toogn S _R .. * (cyiE 1/! a •� 4 a.i 2 E N G g i 2.1 {O pry a at a 1 41 g 01 N a C g co.0 a o o G c' (tea N ... ..- .0 L p a N ‹ A2 E ,! c , E .� N O� to Q3 r 8 E q._ o w a3 o N G R S an ETTiEW2m0a,23mE'c' o en m a g( [n o E a o m' -mac e_ a' o,' 'q r� cv fl i U ¢ m o,2<x5..0 o.m dl a_n.. as Cultural Resources Mitigation Measure (CUL -3) w 7 0 a LA, •m o Ei d E N 0 SIGNATURE DATE COMPLETED MONITORING o \ Eo !/k o E }0_ §#0f eEw /kms/ 00-0 \ Ca g /E /k 0 E ./ §\2 g- /k\ 000 2 /k of 00 �� /k 0 00 / CI- k 0 00 [ F 7s 2to MITIGATION MEASURE recommendations or preference for treatment within 48 hours of being granted access to the site. Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains in accordance with rtie provisions of Health and Safety Caue §7050.5 and Public Resources Code §509798. • Geology and Soils Mitigation Measure (GEO-1) In accordance with the National Pollutant Discharge Elimination System requirements, the Project Applicant would prepare a Stormwater Pollution Prevention Plan (SWPPP) for approval by the City prior to grading activities. The SWPPP will include relevant Best Management Practices (BMPs) in order to minimize soil erosion and water quality impacts during Project construction. Hazards and Hazardous Materials Mitigation Measure (HAZ-1) The Project Applicant shall retain the services of a Registered Professional Engineer or Geologist, with experience in remedial investigation, available for consultation during soil excavation and grading activities. The Registered Professional Engineer or Geologist shall be given full authority to oversee any earthmoving activities to determine if disturbed soiLs are contaminated. Hazards and Hazardous Materials Mitigation Measure (HAZ-2) If potentially contaminated soil is unearthed during site disturbance activities, the Registered Professional Engineer or Geologist shall inspect the identified area and determine the need for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, the Registered Professional Engineer or Geologist shall have the authority to temporarily suspend construction activity at that location for the protection of workers or the public. If the Registered Professional Engineer or Geologist determines that significant remediation is necessary, the Project Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Control, and other local agencies. if applicable, for guidance and possible oversight. The applicant will be required to Implement all requirements identified by San Diego Regional Water Quality Control Board and Department of Toxic Substances Control. Noise Mitigation Measure (NOI-1) Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Director of Community Development that the Project complies with the following: ▪ Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Property owners and occupants located within 200 feet of the Project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the •ro.osed Project. A sign, legible at a distance of 50 feet shall also be § , /�// #)§a ]£§ƒ /0 °# k) )f CSC �\ « 2 kƒ/« k § § k 2 0 ■ B0 §7 )k o 0.0 7,▪ 811)=Td f§ ) § \2 f o w k 0 CITY COUNCIL RESOLUTION MITIGATED NEGATIVE DECLARATION RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS AND A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) 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 December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively referred to as the "Project"). C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). 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 21, 2017, 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 June 21, 2017, 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 Mitigated Negative Declaration. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. On , 2017, the City Council considered the Project and the Mitigated Negative Declaration at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. H. The City Council reviewed the Mitigated Negative Declaration and considered all testimony and comments received regarding the Project and the Mitigated Negative Declaration prior to and at the , 2017 public hearing, and based on substantial evidence in the whole record before it finds that: (1) The Mitigated Negative Declaration was prepared in compliance with CEQA; (2) There is no substantial evidence that the Project will have a significant effect on the environment; and (3) The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. The mitigation measures included in the Mitigation Monitoring Program will be imposed as enforceable conditions of approval of the Project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of, 2017. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, 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 , 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM O a c w 4.0 E CL0 Cifw 0 N w G1 J Linfield Village Senior Housing Development Project PROJECT NAME: Scott Cooper, Associate Planner, City of Temecula PROJECT MANAGER: a en . @ a 2 oi �'�]( 15N C 2' NG g -O w a a) a rer acnes � a @ O •E -2 O .Q @ N N U @ O a @ a0 `o a E E N c a @ 0 v` a) a2 ac COO a 8 O 4 N .� �q . N In p a g o `@ • v g o c A •o .41�E N n3 O /1 @ a X N 11 - C •• N 2 a r2 d t o. m 2d' v U m K c @ c Q @ o > a-. E 0 d L° @a = O. S c OO 8 0 0 = 'a N' -0 2 `g E u o .25.2 _� a c C ra `m to vii aaa a E R .� N E .2m t 00€ ., ,,, 0 vat s 2 L a �S a $ c CD �' ` a iZ a) .c8Ew N N ..9O E .F 0 0 m _a 8 r- t E a g} 5 0 . @@ O C'S '� 2 C O y� K _ - 8 @ c a m 0E M. m Eas m c o aa)) a@ c� ar ,2 @ 1 0 co CO a C N 0 )a C @ U a s 0-.�+ 2 E C W N EJ 0 00 —5 o # 8 -t v a p c c( `o o o C U W ss 3 E E •` E *- 0 E E c $ = pE as ' 2,_ y, �' O` 8 01 ,l a,+ H '� ��`pp) to 4-8 wi_, OC p d E C 0 o 0 ,=, y� 0. a = W C E N R •g C. a) 0 a)a =z 6* 01 Z o C U c @ 0 @ o_ di E $ Zd .0 2 .0 .0 @ pp F= H N H.9 O Q O PROJECT DESCRIPTION: PROJECT LOCATION: INTRODUCTION: The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. R @ 0.0 0 E m N .0 co O R N d m -o p O 0Y 0) N d m E O N E @ H ti N 0 A 8Z 8 2 U Timing: Identifies at which stage of the Project the mitigation must be completed. 0 C O 0 0 E .e a 0 N U 5 c N a)) !E N ct 0) 0. 8 C a) E a) a va E N 3 8 a` )) v 2 d ti rn m N 0 .sC L 1Q +d-' •O E C) c 0 E CL o c m o 77o CL CO • E ( F-- c p ▪ 0 �0+ 0 cn 22 > C-0 o w d) J Le W ce C7 MONITORING MITIGATION MEASURE Air Quallty Mitigation Measure (AQ -1) Q7 .. E 0 C_ CO a f0 C_ N C "__� O N O Nca ^� 0 'rte>i` N 3 A n-"ys== ami N N (J da Nga n 71 p N E • O ,3 N C L • O a1 l6 '� pi�•m vii Ln c m c 3 • m T} y �+ Q y S L1 2-S- a E n Z N ar w v V i$ [Y.l _ a O a) WI C 0 N L E U a)co -i __. O s o. - 0 _ N 7 N N c m 3 m $ 0 rn `° 80 E v -0 0 s y- N 2 Q Ll C p .� N C G 2 al [7-'C ,� N N N O cu 0.. � a� QQc v�Rin a)c a a� E8. = w £c coy W O N =c cu o t 2 4,A Qa y o N CO ▪ 0 y 00 coo T a��.N CO 3N v L �E_• E U H " cc v o a� Ln �a c 'p@ n a' N Q — a16i > aNi • 02-00:6= OCNC • .0�. Y E y a L L R o} L° m ami ani cni .�3 m o, 0 a, c� S Y E ._ c E i ,32) 'y y T� o f c m E y3 a� .N aa, m 0 �I nc c2i yO� N Q N -0 y C N O-.0-, plEx N L b cc▪ .0 c•.EE aZi_sE o3 aw .0:8 m1i.11L3 t vi H- yy• LI;;I O} Ol n 0 .-.03.2c: N R O ) 0 N L 0 0 L d _ C C7 ,r7i �i — m U rn rn aa) goi N $ y a°�i a.2 3 .41 Ni a7 ._ C C N 1 n N -o d mnoa c .a, -0 �y m E .`mom °3' rn� v m � � c� 2 L� c� '2 T ▪ v� • a= , a; N, 8 'tG T CO a) N= V Q) N ¢ T F N 4. Q M o Zi ns 0 W n N c c y 0, a fe = • '' 1 E= o o > to �' NE 01 N d 0 a7 O Q a1 a Q N S] 1- N Z O Q N .L... F- l0 0— 0 GICO E t3 2 w 2 T w 2 w wW < J G d 0 MONITORING MITIGATION MEASURE .4. _ E yics C t m O yra ca C QI C m C m .. = N 8 C C j N 0 ▪ -C.` `❑ N E a) Enfi 0 0 N y� C C f, M a N g CN ▪ o 0 •- i ..-R= •8.z- Ro` - aR Q8c co M Rv c co 0 R_=RCm ` 0w E, a va Bo m 3 B �Pc00 yc0 ▪ N Pw RG R"0 _ w t mooc m w . 5 • m L' aai m m w ¢ 0• e N co uO- R 6 m 1p F• 0 1 R pg� ypc 4 N .- 8 C1 ' — CO i] m) C t.%.", p) 0 0 J. C R C E O o j m N > R O 0 C R al C t O C R Ca V e�3a c E RU C a) E .2 a 10 E. • o a�Ci I .g .9 R O Cr) ▪ 0 d 0 O 2 a p G FE c '@ O1 0 -c, i0 !E R as co .e co • Lca cy a) g R m a `• R o m 0 'n .2 , N u"2 '6 g 26 m a. 2 R a 2 m o= To Q = p > • '• 2 a) a E co OC}.. '0 C O C 0 R o c a GO .-, ° iu E N i. Biological Resources Mitigation Measure (810.3) U -o .2 N a g a) R I- 0- o fY// Biological Resources Mitigation Measure (610.4) o m m E im m ov,g m LI - m 5 • y�C R U 0. a c`! 0Eq - o O m c 0 y-� CO s c �i a• > mw m o a o Ln o w 2 EwO 0 m ao Ea•2 (`o a rn cP EW(0 a ca - m m a o 5 0 to .0 5 R 0R C R E N lm d tz C N N(0.5.2 la`m O C C M O V fm .= (0 co 2 0 1L O C CO D. c� 0 EIS Od R C C 2 P O=i: 0. aY d-c.iCfl d O a. •. U R 0 m R Q R C CD E 0 > a Ln E L 0 0 a) C 2 m H a U E U 0 d 0 Biological Resources Mitigation Measure (BI0.5) c�'d tm E Q0321:17 H "U N w -4.14 C N 0.fl `{0. CO U Q C Ca 0..I= E ,, w a 2 m a m £ c c N E E .0 2- E00,10. 2WqqCN N 0) r%3 C 0 .ypT c E -;a ,m Cj -uga LiC. € '�$y i== g N O a1 1.6 mw.2a.6 S 2 a -D 0. 'm 0 2 $ 'ZS 5-0) 8 of 011:V4 3 [m o m Q 4 8 m v E c) 5 c L. m'6- [024 N !�0 C_'C7 Im }. E E . ® N [C6 O V1 4E d a 0 a W o �zm • a m R ca oc 0 a. v w C R O Ce ".-CI' o 7 C., M m ,.."6 O R C• 0. W 0) �0 R U) - RC v 0� o M M• M ) J O U •o O CO W 0E R fn E E E hfffl ID 15 a) C m D_ cn E co co E 0 R v, � rn C M - C M =0 t1m M 0 N co aR2 E E E SIGNATURE DATE COMPLETED MONITORING c E -2 O O EE H = .p 15 EU of 0 O O O E cu E el- 0 O y E Z^ p N H O l0 15 E . a U U a 0 City of Temecula Community Development /Public Works Departments Z c E co UJ 01 a c E E O1 p During Project Construcfion MITIGATION MEASURE Cultural Resources Mitigation Measure (CUL -1) An archaeological monitor shall be present during any earthmoving activities associated with the Project. The monitor shall work under the direct supervision of a cultural resource professional who mees the Secretary of Interior's Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project archaeologist can evaluate R. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the archaeologist, and the Planning Director. Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate curation facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, if required. Cultural Resources Mitigation Measure (CUL -2) A paleontological monitor shall be present during any earthmoving activities associated with the Project The monitor shall work under the direct supervision of a paleontological resource professional who meets the minimum qualifications for a vertebrate paleontologist as described in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the Society of Vertebrate Paleontology (2010). In the event a paleontological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate matron facility, or, the artifacts may be delivered to the appropriate Native American Tribes) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the paleontologist and submitted to the City, if required. Cultural Resources Mitigation Measure (CUL -3) Consistent with State CEQA Guidelines, Section 15064.5, Subdivision (e), in the event of an accidental discovery or recognition of any human remains, the County Coroner shall be notified and construction activities at the affected work site shall be halted. If the remains are found to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours by the County Coroner. The NAHC must immediately notify the Most Likely Descendenl(s) under Public Resources Code §5097.98 and the descendants must make SOURCE M M C O 1 O u) E = C y O 0 O c.- E M O U 00as cow E W 1Q- ce 2 N 0 W W Q J oa 0 0 MONITORING c 0 E a O N o 0 0 E aci ' = E E0 U 0 0 z f - re enen 0 S2 s e a o N � p L co �N GI p D 9` C { G 0 3 3 N u 0 a O(� p Ll N 5 C M 0 EL G y C L E p o --- a) O L) S O L4 aj 0 )00 O'N 0 O IA 0 8‘;;;,• 0 0 VI Geology and Solis Mitigation Measure (GEO.1) E �^ L 0 0 a, O via c a • •cvo V_ po 0 m 8 N ayY� - Ca 4 Ci Ls 0.Q c d U... 0 d C 3 g �p D Et.2 6 ea a ra te a) 0 ti 80 N 3: - E 0 C ay = 7 s tea. 0- S d0. u7 E Hazards and Hazardous Materials Mitigation Measure (HAZ-1) 0 0 i] d Hazards and Hazardous Materials Mitigation Measure (HAZ-2) 2 ,a0 E' 5 0) :r4v �api 2 2a) 0 x 0 0 y p S.1 - m f] oak' EVEE 0:2co= 1 ®m ym40rri 8 C O ..5. 5 5 C -2 �^ al .8 z - 9l _ c •0 TJ R y amp 5 .f 0 N gm 1')=) a C O L C CL Q'. C1 g' p -y o L g 4 : ,7_ : , , 4 E N N 0 T y 2 0) o d O 0 .2 .2 2 v C 0 a COSI) R 0- 0 5' 5 a S 0 O [7 N Ct N "I 0 0) 0 C C G_ C N .6 - N 0 O .,7,-0 R - 25 o.JO 0 0 SEE `tc g)' g cUyL C.) M y N 5 O P a V R _ C ' V7 N C w 0)w b �". 0 L O c dl`' w 0 ,. E` 0 _NN 0 .65° OO C d.Q V 1 j 0') N O r4E N y�} a, p Aga 0 0 0 a 0 Q y w C Yi C o a C 0 N S: d❑ R g 0 r� Ep •N 0- E RO�Cv"C 0!10 :1)N arc) D CD E 00� 9 " 5 '3 0 O O) a = 0) E -c 'RC' it O' c a� 08as3b8oeo Noise Mitigation Measure (N01.1) d o 8 ea 11 p O D- E Ea) _E, _0) m £ N 0 E U p "T1> 0_ > Q E C co o w U N 0 NN EL E O) a) p) c : O C CD a 0O $ 0 a p 2 0 0 .£i. O $) O E O ppN a i)i a) m _ m c — €� S E ami t EE . 0 , y .N_, Q9- E O o o C 0 u) 0 R. 0) N O. N 0 0 '� 8 • N r8 C 0 m - '+�• V 0 aR. 8 A C C r . U p 0N C 2 —.coR t N G 0 rp CO 0p� O = 0 la N C 21 0._ o a w u N G 0 0_0 gy • 0 C 0 R Q R 0 8 �d N� p 0 ��QQ C l6 0 _:O ,58 m .2.20- .0, n S o o N � 0 �2-0 N O R C 0 G C ❑ C �O p U O` 0 E R a .c) o O. SIGNATURE DATE COMPLETED MONITORING Z_ 5 • MITIGATION MEASURE posted at the Project construction site. All notices and signs shall be reviewed and approved by the City of Temecula Planning Department, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 920.060(D) (7:00 a.m. and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, schools, churches, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. SOURCE (D N l4 PC RESOLUTION PLANNED DEVELOPMENT OVERLAY AMENDMENT PC RESOLUTION NO. 17- 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 A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-019, 955-020-018, 955- 020-012, 955-020-017) (PA15-1886)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15- 1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accordance with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, 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. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. , recommending that the City Council approve the development plan application, subject to conditions of approval. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Planned Development Overlay Amendment Application PA15-1886: A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Planned Development Overlay Amendment, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and ended on October 24, 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 City of Temecula website, and the Ronald H. Roberts and Grace Mel!man libraries. C. Five 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. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and the Mitigated Monitoring and Reporting Program prepared for the Project. Section 3. Further Findings. The Planning Commission, in recommending approval of the Planned Development Overlay Amendment Application No. PA15-1886 hereby finds, determines and declares that: 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 Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance adopting a Planned Development Overlay Amendment to the Linfield Christian School Planned Development Overlay (PDO - 7) generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, in substantially the form attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A CITY COUNCIL ORDINANCE (PLANNED DEVELOPMENT OVERLAY) ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-019, 955-020-018, 955- 020-012, 955-020-017) (PA15-1886) 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 December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively, "the Project") 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 all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). C. 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. D. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with CEQA. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 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 City of Temecula website, and the Ronald H. Roberts and Grace Mellman libraries. D. On June 21, 2017, 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 June 21, 2017, 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 MND. 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 MND, and the Mitigation Monitoring and Reporting Program 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. PA15-1885, a Development Plan and PA15-1886, a Planned Development Overlay Amendment. G. On , the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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, the MND, and the Mitigation Monitoring and Reporting Program prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and the Mitigation Monitoring and Reporting Program. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Planned Development Overlay Amendment/Zone Change hereby makes the following findings: 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 Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. 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 amending Article VIII, entitled "Linfield Christian School Planned Development Over District - 7" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. 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 ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, 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 EXHIBIT A PLANNED DEVELOPMENT OVERLAY Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (El) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area 1A (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP Pauua Rawl PLANNING AREA 3B 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "–," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Lintield Christian School Planned Development Overlay District -7 Description of Use Area 1 Description of Use Area 1A & 1B (EI) Area 2 ' / Area 3A & 3B (PI) A P P Churches, temples, religious institutions Art gallery _ P p p Auditorium P C C B (Reserved) C C C C Christmas tree lots P P P Churches, temples, religious institutions C C C Communications and microwave installations' Community health clinics – – C Community center P C P Conference center P P P Congregate care housing (including support C C 1 P services), Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D -- C Hospital Day care center P P P Day care health center P – P Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking _ C – P Golf courses C – P Golf college or sports training facility C – P Government offices P – p Government services P – p Group home – – – H Helipad or heliport C -- C Hospital C – C I—K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) L Library P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – – P 1 Public utilities C C C Q (Reserved) R Radio and broadcasting studios P -- P Recording studios P – P Religious facilities C C _ C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P _ P P Residential—single-family attached or duplex housing for school faculty – P Residential—multiple-family housing for school faculty – P - Residential—senior housing – C C Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district — = Use is prohibited in the district (EI) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area 1 A and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 PLANNED DEVELOPMENT OVERLAY AMENDMENT Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area 1 A (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLANNING AREA 38 PLANNING AREA 1A PLANNING AREA 1B 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "–," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots• P P P Churches, temples, religious institutions C C C Communications and microwave installations Community health clinics – – C Community center P C P Conference center P P P Congregate care housing (including support C C P services)_ Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D Day care center P P P Day care health center P --- P E Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking C -- P Golf courses C – P Golf college or sports training facility C – P Government offices P – P Government services P – P Group home – – – H Helipad or heliport C – C Hospital C – C I—K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description Area 2 (ER) of Use Area Area 3A & 3B (PI) Description of Use Area 1A & 1B (EI) L Library _ P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office _ – -- P Public utilities _ C C C Co (Reserved) R Radio and broadcasting studios P – P Recording studios P – P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty – P Residential—multiple-family housing for school faculty – P Residential—senior housing -- C C Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description Area 2 (ER) of Use Area Area 3A & 3B (PI) Description of Use Area 1A & 1B (EI) V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (ET) = Educational/Institutional- Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area lA and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include fmished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 PLANNED DEVELOPMENT OVERLAY AMENDMENT (UNDERLINE/STRIKEOUT) PROPOSED AMENDMENT TO PDO -7 LINFIELD CHRISTIAN SCHOOL OVERLAY Proposed changes are shown in underline/strikeout text below: Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas IA, and I B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide .Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.I 88 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area lA (36:89 58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ('1.78 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 (9.81 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning AI ca 3 i5 further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A ,EXHIBIT TO BE REPLACED WITH REVISED EXHIBIT BELOW) UNFIELD CHRISTIAN SCHOOL PLANNING AREA MAP 2 LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLANNING AREA 38 PLANNING AREA 3A PLANNING AREA 1A PLANNING AREA 2 PLANNING AREA 1B REVISED EXHIBIT 17.22.186 A Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "—," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Descriptionof Use Area Description of Use Area 1A & 1B (EI) Area 2 ~ (ER) _ Area 3A & 3B (PI) A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots P P P Churches, temples, religious institutions C C C Communications and microwave installations' Community health clinics — — C Community center P C P Conference center P _ P P Congregate care housing (including support C C EP services) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D Day care center P P P Day care health center P -- P E Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking C – P Golf courses C – P Golf college or sports trainingfacility _ C – P Government offices P – P Government services P – P Group home – – -- H Helipad or heliport C – C Hospital C – C I—K (Reserved) L Library P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – – P Public utilities C C C Q (Reserved) 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) R Radio and broadcasting studios P – P Recording studios P – P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty P Residential—multiple-family housing for school faculty – P - Residential—senior housing – C C _ Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (EI) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 5 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area 1 A and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted UP to a maximum density of twenty-four (24) units per acre within PIanning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units: and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit. excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios. decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas. courtyards, gardens. recreational areas. putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of I50 square feet per unit of private open space which may be comprised fporches, patios. yards. and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 6 5. There is no maximum lot coverage or floor area requirement for development projects within P130-7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 3. Multi-familv Senior Housing Assisted Living, Congregate Care Housing,and Convalescent 1 -lousing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of anv single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. 7 E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 8 PC DRAFT RESOLUTION DEVELOPMENT PLAN PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-018) (PA15-1885)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015 Aaron Walker filed Planning Application Nos. PA15- 1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, 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. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. recommending that the City Council approve an ordinance amending the "Linfield Christian School Planned Development Over District — 7." This approval is conditioned upon the City Council adopting this ordinance. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application PA15-1885: A. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). B. 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. C. Pursuant to CEQA, City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. D. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and ended on October 24, 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 City of Temecula website, and the Ron Roberts and Grace Mellman libraries. E. Five 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. F. The Planning Commission has reviewed the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Project. Section 3. Further Findings. The Planning Commission, in recommending approval of Development Application PA15-1885 hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City subject to the conditions described herein; 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 as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. 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 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to CEQA, and approving Planning Application No. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, in substantially 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, and conditioned upon the City Council's approval of the recommended amendment to the "Linfield Christian School Planned Development Over District - 7" by Council Ordinance. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION (DEVELOPMENT PLAN) RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020- 018) (PA15-1885) 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 December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively, "the Project") 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. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 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 City of Temecula website, and the Ron Roberts and Grace Meliman libraries. D. On June 21, 2017, 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 June 21, 2017, 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 MND. 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 MND, and the Mitigation Monitoring and Reporting Program 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. PA15-1885, a Development Plan and PA15-1886, a Planned Development Overlay Amendment. G. On , the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 MND and Mitigation Monitoring and Reporting Program prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and Mitigation Monitoring and Reporting Program. 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 an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road 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 as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. 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. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. (APN 955-020- 018), 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 Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, 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 DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-1885 Project Description: Planning Application No. PA15-1885, a Development Plan Application for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. Assessor's Parcel No.: 955-020-018 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial (Congregate Care Facilities and Nursing Homes) Quimby Category: N/A (Commercial Project) New Street In -lieu of Fee: N/A (Not within the Uptown Temecula Specific Plan Area) Approval Date: , 2017 Expiration Date: , 2020 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 Two Thousand Two Hundred Sixty-six Dollars and Twenty -Five Cents ($2,266.25) which includes the Two Thousand Two Hundred Sixteen Dollars and Twenty -Five Cents ($2,216.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 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 a time extension of up to five extensions of time, one year at a time. 5. Consistency with Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Linfield Christian School Planned Development Overlay (PDO -7). 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. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 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. 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. Materials S -Tile Concrete Rafter Tails Stucco Stucco Wrought Iron Railing Garage Doors Window Sills Color Roofing Weathered Terracotta Oxford Brown Egg Shell (X-73) Silverado (X-820) Black Powder Coat Canyon Ridge Walnut Cast Stone 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Compliance with MND. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared MND (SCH: 2016091059, June 2017) per the Mitigation Monitoring and Reporting Program 22. Rancho Vista Way Access. On weekdays from 7:00 a.m. to 9:00 a.m. the western driveway, or main entrance, the outbound gate will be closed and traffic will be directed to the eastern driveway. Prior to Issuance of Grading Permit 23. 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. 24. 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. 25. 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 Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 26. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga 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 onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 27. 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 the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 28. Archaeological Monitoring Notes. 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 thThe 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 potential resources discovered on the property." 29. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 30. 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." 31 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." 32. 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. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 33. 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." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 34. Precise Grading Plans. A copy of the Precise Grading Plans shall be submitted and approved by the Planning Division. 35, Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor 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 (See PL -4). 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 potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 36. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states 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 must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 37. 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. 38. 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. 39. Photometric Plan. The applicant shall submit a photometric plan as part of the building plan submittal, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. 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. 40. 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. 41. 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. 42. 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." 43. 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. 44. 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. 45. 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. 46. 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. 47. Hardscaping. The landscape plans shall include all hardscaping for pedestrian trails within private common areas. 48. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved conceptual grading plans including all structural setback measurements. 49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, fountains, hardscape, gazebos etc. to match the style of the building subject to the approval of the Director of Community Development. 50. 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. 51. 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 52. 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. 53. 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. 54. 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. 55. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 56, 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 57. 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 September 26, 2016, a copy of which is attached. 58. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated December 24, 2015, a copy of which is attached. 59. compliance with County of Riverside Geologist. The applicant shall comply with the recommendations set forth in the County of Riverside Geologist transmittal dated August 24, 2016, a copy of which is attached. 60. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 31, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 61. 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. 62. Entitlement A_pproval. 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. 63. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 64. 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. 65. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 66. 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. 67. 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. 68. 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. 69. 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. Prior to Issuance of a Grading Permit 70. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 71. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as the San Diego Regional Water Quality Board (401 certification), Army Corps of Engineers (404 certification), California Department of Fish and Wildlife (Section 1603 Streambed Alteration Agreement), Metropolitan Water District, and other affected agencies. 72. Grading/Erosion & Sediment Control Han. 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 73. 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. 74. 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 75. 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/WQMP 76. 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. 77. 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. The creation of new cross lot drainage is not permitted. 78. 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. 79. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 80. 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. 81. 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. 82. Gate Entrances. If gates are being proposed at project entrances, the configuration, stacking distance and turn -around ability shall be reviewed and approved by Public Works and the Fire Department. 83. 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. 84. 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) 85. 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. 86. 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. 87. Improvement Plans. All improvement plans (including but not limited to street and storm drain) shall be reviewed and approved by Public Works. 88. 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) 89. 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. Rancho Vista Road along property frontage (Secondary Arterial (4 lanes undivided) Highway Standard No. 102 — 88' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). b. Linfield Way - Private Street to include dedication for public utilities and emergency vehicle access, installation of street improvement as shown on the approved site plan. 90. 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. 91. 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 92. 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. 93. 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. 94. 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. 95. 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 96. 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. 97. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 98. ADA 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. 99. 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. 100. 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. 101. 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. 102. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 103. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, Tight standards, and any block walls will require separate approvals and permits. 104. Demolition. Demolition permits require separate approvals and permits. 105. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 106. 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. 107. 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. 108. 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 109. 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 2016 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) 110. 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. 111. 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) 112. 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 113. 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 114. 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 '/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi -family 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. 115. 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 multi -family and 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) 116. 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). 117. 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) 118. 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. The Fire department Connections (FDC"S) will be free standing for buildings 'B' and 'A' and Building 'C' FDC's can be wall mounted since these are multi family type structures. 119. 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. 120. 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 121. Address Directory (Multi -Family). A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 122. 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). 123. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 124. 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). 125. 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 126. 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. 127. 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. 128. Berm Height. Berms shall not exceed three feet in height. 129. 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. 130. 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. 131. 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. 132. 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. 133. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 134. 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. 135. 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. 136. Roof Hatches. All roof hatches shall be painted "International Orange." 137. 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. 138. 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. 139. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 140. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 141. 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. 142. 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. 143. 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. "'tENr.4`y County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR ar.r� . y. September 26, 2016 City of Temecula Planning Department Attn: Scott Cooper 41000 Main Street Temecula, CA 92590 SUBJECT: CITY OF TEMECULA — Planning Application PA15-1885 Linfield Senior Apartments APN:955-020-018 Dear Mr. Cooper: The project listed in the subject heading of this letter is proposing a development plan for a 483,500 square -foot Senior Apartments, Assisted Living and Memory Care Community containing 330 units, offices, day spa, health club, medical clinic, theater, chapel, library, art studio, and eating areas in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with the Department of Environmental Health (DEH). Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside Phone (888)722-4234 www.rivcoeh.org ENVIRONMENTAL CLEANUP PROGRAM (ECP) Based on the information provided in the environmental assessment document submitted for this project and a site visit conducted by Riverside County Department of Environmental Health - Environmental Cleanup Programs (RCDEH-ECP) staff and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes no further environmental assessment is required for this project. If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact RCDEH-ECP at (951) 955-8980, for further information. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD FACILITY Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements if any type of food facility is proposed. For further information, please call (951) 461-0284. County of Riverside, Depai lment of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 LOCAL ENFORCEMENT AGENCY (LEA) The applicant shall contact the County of Riverside, Local Enforcement Agency at (951) 955- 8980 for any plan check and/or permitting requirements. Please note that the Medical Waste Management Act (MWMA), Section 117705 of the California Health and Safety Code, considers any person whose act or process produces medical waste to be a "medical waste generator" in California (e.g., a facility or business that generates, and/or stores medical waste onsite). Medical waste generators may be either large quantity (LQG = > 200 lbs / month), or small quantity generators (SQG = < 200 lbs / month). Medical waste generators shall register with the LEA. OFFICE OF INDUSTRIAL HYGIENE (IH) Noise Consultant: Michael Baker International Noise Study: "Generations Project — Noise Technical Memorandum," July 22, 2016 Based on the County of Riverside, Industrial Hygiene Program's review of the aforementioned Noise Study, PA15-1885 shall comply with recommendations set forth under the Industrial Hygiene's Program's response letter dated September 20, 2016 c/o Steven Uhlman. For further information, please contact Industrial Hygiene Program at (951)955-8980. Should you have any further questions or require further assistance, please contact me by email at kakimia. ri ,,,{ 5L 11. [ c << or by phone at (951) 955-8980. Sincerely, Kristine , RE 5 Environmental Protection and Oversight Division Land Use and Water Resources Program SR35316 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 II, 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 itialliglialliii)ASTERN MUNICIPAL WATER DISTRICT SINCE 1950 December 24, 2015 City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Attention: Scott Cooper Subject: Generations Retirement Village — DP; PA 15-1885 APN: 955-020-006 Location: 31950 Pauba Road The subject project requires sewer service 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 and approved by EMWD. The POS evaluation will identify the potential requirement to construct new facilities, such as on-site and offsite sewer pipelines, facilities relocation related to conflicts with proposed improvements, (such as street realignments, street vacations, proposed medians and additional soil import), as well as associated easements and/or Right -of - Way Permits to adequately serve the project demands. The subject project is an active project with EMWD's New Business Department, with sewer service Work Order Numbers 15431 and 15432 and Project Record Number WS2015-318. To date, a final POS has not been completed to identify on-site and offsite facilities required to serve this project. If you have questions or concerns, please do not hesitate to contact me. Sincerely Maroun Ei-Hage, M.S,, P.E. Senior Civil Engineer New Business Development (951) 928-3777 x4468 El-haoermii emwd.orq ME:emn Attachment Marling 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 Steven Weiss Planning Director August 24, 2016 RIVERSIDE COUNTY PLANNING DEPARTMENT Pages 2 (including this cover) City of Temecula Planning Department Attention: Scott Cooper (scot.cooper@cityoftemecula.orq) RE: GE002510 Conditions of Approval Generations @ Linfield Development Plan City of Temecula Case No. PA15-1885 County Geologic Report GEO No. 2510, submitted for the project PM36098 (APN 955-020-006), City of Temecula Case No. PA15-1885, was prepared by Alta California Geotechnical, Inc. The report is titled; "Geotechnical Investigation, Linfield Property, City of Temecula, California/' dated June 15, 2015. In addition, the following document was submitted for the project: "Conceptual Grading Plan, Linfield Village, City of Temecula, CA", 2 sheets, Job No. 14.1494.1, undated, by KWC Engineers. These documents are hereby incorporated as a part of GEO No. 2510. GEO No. 2510 concluded: 1. Active faults are not known to exist within the project and a review of Special Publication 42 indicates the site is not within the California State designated Alquist- Priolo earthquake fault zones. Accordingly, the potential for fault surface rupture on the subject site is very low. 2. Based on the groundwater depth, the dense nature of the Pauba Formation and the remedial grading requirements, it is Alta's opinion that, upon the completion of grading, the Linfield site will have a very low potential for liquefaction. 3. Upon completion of the recommended remedial grading, the potential for dry sand settlement to occur onsite will be considered low. 4. Due to lack of existing landslides, weak -strength bedrock claystones and proposed high slopes or existing high slopes within or nearby the property, seismically induced landsliding is not anticipated to pose a danger to the site. 5. Groundwater is not considered a constraint for the proposed development. Riverside Office • 4080 Lemon Street, 12th Floor P 0, Box 1409, Riverside, California 92502-1409 (951) 955-3200 • Fax (951) 955-1811 Desert Office ' 77588 El Duna Court Palm Desert, California 92211 (760) 863-8277 • Fax (760) 863-7555 GEO No. 2510 recommended: 1. Vegetation, construction debris, and other deleterious materials are unsuitable as structural fill material and should be disposed of off-site prior to commencing grading/construction. 2. All uncompacted artificial fill should be completely removed and recompacted to project specifications prior to the placement of engineered fill. 3. All onsite alluvium and topsoil are unsuitable for the support of the proposed engineered fills and/or structures and should be completely removed and recompacted to project specifications prior to fill placement. 4. Six- and eight -inch canyon subdrains should be constructed in canyon drainages in accordance with the recommendations of this report. 5. Additional over -excavation may be recommended if expansive soils are encountered near final pad grade. GEO No. 2510 satisfies the requirement for a geologic/geotechnical study for Planning/CEQA purposes. GEO No. 2510 is hereby accepted for planning purposes. Engineering and other 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 of Temecula upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call me at (951) 955-6187 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director asFii4a Daniel P. Walsh, CEG No. 2413 Associate Engineering Geologist, TLMA-Planning Cc: Alta California Geotechnical, Inc., Attn: Dave Murphy (dave.murphv(a7altageotech.com) Generations Construction, LLC., Attn: Aaron Walker (awa Iker c(7oene ra tionsl Ic. com ) B:\Geology\Temecula Reviews\GE02510 Approval for PA15-1885.docx Ir,\'.\,Iltl t \1111117♦1.1 \I,\ I I.1i Board of Directors John E. Hoagland President Stephen J. Coruna Ben R. Drake Lisa D. Herman Danny J. Martin William E. Plummer Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Richard R. Aragon, CPFO Director of Finance/l'reasurer 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 December 31, 2015 Scott Cooper City of Temecula 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY PA15-1885; RANCHO VISTA ROAD PARCEL 'C' OF LIA NO. PA -02-0246 APN 955-020-006 [AARON WALKER] Dear Mr. Cooper: 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 (1380 Pressure Zone) within Rancho Vista Road, which may not provide adequate water pressure and capacity to the project. The nearest water facility from the 1485 Pressure Zone is a 12 -inch main within Rancho Vista Road, approximately 100 feet northeast of the northern property corner. Please refer to the enclosed exhibit map. Water service to the subject project/property does not exist. Additions or modifications to water 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. 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. 15\PD: h ab0l 5 \F450\FEG Rancho California Water District 42 )35 Winche.sler Road • Pnxl ()like Box 9017 •Temecula, Cal iforn a 92589-91)17 • (95 1) 296-69110 •FAX (951) 296-9860 Scott Cooper/City of Temecula December 31, 2015 Page 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. As a result of anticipated low water service pressure to the subject project/property, property owner(s) may be required to sign an acknowledgement of low water service pressure when service arrangements are made or modified. 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 Phillip Dauben Associate Engineer Enclosure: Exhibit Map cc: Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Aaron Walker, Generations, LLC 15\PD:hab015\1450\FEG Rancho California Water District 42185 Winchester Road • Past Office Box 9017 • Temecula- California 92589-9017 • (951) 295-6900 • FAX (9611 296-6860 NAVA' tanchuwater cum 2 W NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA15-1885, PA15-1886 Aaron Walker A Development Plan and Planned Development Overlay Amendment for the construction of a 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted in compliance with CEQA. Scott Cooper, (951) 506-5137 City of Temecula, Council Chambers June 21, 2017 6:00 p.m. I� U 1 "< RP 010 VISTA RD 500 1 000 +Ea'. . A yr, ARTA vvy ?yr yLIiLJf The complete agenda packet (including any supplemental materials) 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 — TerneculaCA.gov and will be available for public review at the respective meeting. Any writing 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 meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.