HomeMy WebLinkAbout062012 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
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PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
PUBLIC COMMENTS
NOTICE TO THE PUBLIC
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
JUNE 20, 2012 — 6:00 PM
Earlene Bundy
Commissioner Guerriero
Carey, Guerriero, Harter, Kight, and Telesio
CONSENT CALENDAR
1 Action Minutes
RECOMMENDATION:
1.1 Approve the Action Minutes of June 6, 2012
1
Next in Order:
Resolution: 12 -14
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three - minute time
limit for individual speakers.
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action..
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
2 Planning Application No. PA11 -0119, a Conditional Use Permit for NewPath /Crown
Castle to install a new 40' high concrete street light pole as part of its wireless
distributed antenna system (DAS) Master Plan (Node TM -28) in the City of Temecula
right -of -way, located on the north side of Leena Way, 155' northeast of Campanula Way,
Matt Peters
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0119, A
CONDITIONAL USE PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40'
HIGH TEXTURED STEEL STREET LIGHT POLE AS PART OF ITS WIRELESS
DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -28) IN
THE CITY OF TEMECULA RIGHT -OF -WAY ON THE NORTH SIDE OF SUNNY
MEADOWS DRIVE, 155' NORTHEAST OF CAMPANULA WAY (APN 959 -203-
024)
3 Planning Application No. PAl2 -0081, a Minor Conditional Use Permit and Findings of
Public Convenience or Necessity to authorize a Type -47 ABC license for Temecula
Lanes Bowling Alley, located at 27475 Jefferson Avenue, Eric Jones
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PAl2 -0081, A
MINOR CONDITIONAL USE PERMIT AND FINDINGS OF PUBLIC
CONVENIENCE OR NECESSITY TO AUTHORIZE A TYPE -47 ABC LICENSE
FOR TEMECULA LANES BOWLING ALLEY, LOCATED AT 27475
JEFFERSON AVENUE (APN 909 - 240 -002)
2
REPORTS FROM COMMISSIONERS
DIRECTOR OF PLANNING AND DEVELOPMENT REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, July 18, 2012, 6:00 PM City Council
Chambers, 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's
Planning Department Public Counter located at 41000 Main Street and at the Temecula Library located at 30600
Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the
Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review
at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission
meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's
website atwww.cityoftemecula.orq.
3
PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
PUBLIC HEARING ITEMS
RECOMMENDATION:
Earlene Bundy
2.1 Adopt a resolution entitled:
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
JUNE 6, 2012 — 6:00 PM
Commissioner Carey
Carey, Guerriero, Harter, Kight, and Telesio
1
Next in Order:
Resolution: 12 -13
1.1 Approve the Minutes of May 16, 2012 APPROVED 4- 0 -0 -1; MOTION BY
COMMISSION KIGHT, SECOND BY COMMISSION HARTER; VOTE
REFLECTED APPROVAL; GUERRIERO ABSTAINED
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
2 Planning Application No. PAl2 -0059, a Minor Conditional Use Permit to allow the Wiens
Brewing Company (ABC License Type 23 - Small Beer Manufacturer) to open a 947
square foot retail and tasting area located at 27941 Diaz Road, Suite A, Matt Peters
APPROVED 5 -0; MOTION BY COMMISSIONER KIGHT, SECOND BY
COMMISSIONER TELESIO; VOTE REFLECTED UNANIMOUS APPROVAL
Ron Guerriero
Chairman
PC RESOLUTION NO. 12 -13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PAl2 -0059, A
MINOR CONDITIONAL USE PERMIT FOR WIENS BREWING COMPANY TO
OPERATE A BEER MANUFACTURING FACILITY WITH A 947 SQUARE
FOOT RETAIL AND TASTING AREA AT 27941 DIAZ ROAD, SUITE A (APN
921 - 040 -003)
REPORTS FROM COMMISSIONERS
DIRECTOR OF PLANNING AND DEVELOPMENT REPORT
ADJOURNMENT
Next regular meeting: Wednesday, June 20, 2012, 6:00 PM City Council Chambers, 41000
Main Street, Temecula, California.
2
Patrick Richardson
Director of Planning and Development
DATE OF MEETING:
PREPARED BY:
PROJECT
SUMMARY:
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
June 20, 2012
Matthew D. Peters, AICP, Case Planner
RECOMMENDATION: Approve with Conditions
CEQA: Notice of Determination (Section 15162, Subsequent EIRs and
Negative Declarations)
BACKGROUND SUMMARY
Planning Application No. PA11 -0119, a Conditional Use Permit for
Crown Castle to install a new 40' high textured steel street light pole
as part of its wireless distributed antenna system (DAS) Master Plan
(Node TM -28) in the City of Temecula right -of -way on the north side
of Sunny Meadows Drive, 155' northeast of Campanula Way
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
NewPath Networks c/o Crown Castle is a wireless infrastructure company that designs,
develops and operates fiber -fed wireless distributed antenna systems (referred to herein as
"DAS ") to provide wireless telecommunication services.
The proposed DAS network is a low profile system capable of delivering wireless
telecommunications service to customers of multiple carriers such as AT &T, Verizon, Sprint,
and MetroPCS. The proposed network initially will supply the infrastructure for NewPath's
anchor tenant, MetroPCS. The network utilizes a series of small, low -power antennas called,
"nodes," which receive an optical signal from a central hub and distribute the signal in the form
of Radio Frequency (RF) transmissions. For this Project, three other nodes are located outside
the City boundary (one in the County of Riverside and two in the City of Murrieta). Of the 39
nodes located in the City of Temecula right -of -way, 33 will be designed as new street lights and
the remaining 6 will be attached to existing utility poles.
Each node consists either of antenna arrays constructed within or on a slim -line monopole
designed to match existing street lights throughout the City right -of -way, or antenna arrays fixed
to existing utility poles owned by the Joint Pole Committee ( "JPC "). Each facility generally
features a 53.74 -inch Kathrein Tri- sector antenna within a flush- mounted housing (for new
poles) or three Kathrein antennas mounted to existing JPC utility poles. Either configuration
also will feature one or more Flex Wave Prisms or similar "fiber repeaters" mounted to either the
new street light or the existing JPC utility pole. The fiber repeater converts digitalized spectrum
received from the hub into RF signals emitted from the antenna array.
The Project involves the installation of both aerial fiber -optic cable on existing wood utility poles
and newly installed street lights, and underground fiber -optic cable installed within newly
installed and existing poly vinyl chloride (PVC) conduit in previously disturbed rights -of -way.
1
The newly installed fiber -optic cable would connect 39 distributed antenna system nodes and
ancillary optical conversion and power equipment also attached to the same utility poles within
the City of Temecula publicly owned right -of -way. The entire network will be connected to a
newly installed fiber -optic base station hub. Construction of the proposed DAS Project will
consist specifically of the following:
• Installation by NewPath of 33 new slim -line monopoles designed as street lights;
• Installation of 39 DAS nodes each containing either: one (1) tri- sector pipe antenna,
three (3) antennae inside radomes, or between three (3) and six (6) panel antennas
installed on the utility pole;
• Installation of fiber -optic equipment (i.e. optical conversion equipment, signal
regeneration equipment, switching equipment, etc.) mounted on existing wood and
newly - installed street lights;
• Installation of four -inch Poly Vinyl Chloride (PVC) conduit;
• Aerial installation of fiber -optic cable onto existing or new wood and street lights;
• Underground installation of fiber -optic cable into existing and newly installed conduit;
• Underground connection of network to one (1) hub facility to be installed inside an
existing public storage facility located at 43920 Butterfield Stage Rd.;
• Installation of pull boxes and hand holes; and
• Splicing of fiber -optic cable into facilities.
The location of the proposed Project is illustrated on the attached Crown Castle DAS Master
Plan. Engineering drawings for a new street light and co- location on an existing utility are also
attached. Construction is ongoing and close to completion, except for a few remaining sites.
ANALYSIS
Given the large size of the overall project, City staff has worked with Crown Castle (formerly
NewPath) to break the project down into manageable batches of approximately four to eleven
Planning Applications for each hearing. This first batch was approved on March 16, 2011 and
included the following seven nodes: TM -01; TM -02; TM -03; TM -05; TM -17; TM -39; and TM -41.
Each node in the first batch was designed as a concrete street light pole with cobra light arm
attachment to match existing street lights in the City right -of -way.
The second batch was approved on May 4, 2011 and included the following five nodes: TM -15,
TM -21, TM -27, TM -30, and TM -42. Nodes TM -15, TM -27 and TM -30 will include three
antennas attached to existing wood utility poles, while the remaining two nodes will be designed
as concrete street light poles similar to those approved in batch 1.
The third batch was approved on May 18, 2011 and included the following three nodes: TM -9,
TM -11, and TM -14. Node TM -18 was continued for redesign due to neighborhood concerns.
Of these nodes, three are designed as concrete street light poles similar to those previously
approved, and one (TM -14) will be attached to an existing wood utility pole.
The fourth batch was approved on June 1, 2011 and included the following six nodes: TM -22,
TM -23, TM -24, TM -31, TM -33, and TM -36. Each node in the fourth batch was designed as a
2
concrete street light pole with cobra light arm attachment to match existing street lights in the
City right -of -way.
The fifth batch was approved on July 6, 2011 and included the following 11 nodes: TM -25, TM-
29, TM -04, TM -06, TM -07, TM -08, TM -10, TM -12, TM -13, TM -16, and TM -19. Each node in the
fifth batch was designed as a concrete street light pole with cobra light arm attachment to match
existing street lights in the City right -of -way. Node TM -13 was continued at the July 6, 2011
Planning Commission hearing to the July 20, 2011 hearing. A neighbor testified that he pulled a
building permit for a pool house, which would be within the 75' setback from an antenna to a
residence. However, staff found that the permit was for a gunite pool and spa. No plans have
been submitted or permits pulled for a pool house.
The sixth batch was approved on July 20, 2011 and included the following six nodes (plus two
continued from previous meetings): TM -20, TM -26, TM -28, TM -32, TM -37, and TM -38. Each
node in the sixth batch was designed as a concrete street light pole with cobra light arm
attachment to match existing street lights in the City right -of -way. Node TM -13 is discussed
above. Node TM -28 was continued off calendar. Node TM -18 was continued at the May 18,
2011 Planning Commission hearing to the July 20, 2011 hearing. However, the applicant
requested that TM -18 be continued off calendar to allow time to review an alternative involving
locating on an existing wood utility pole.
The seventh batch includes only one node: TM -28. This node is designed as a textured steel
street light pole to match existing street lights in the City right -of -way. Staff and Crown Castle
worked with Jim Keen, President of the Paloma Del Sol Homeowner's Association, to locate the
pole in an acceptable and mutually beneficial location.
The street lights will have the same finish and light arm attachment as a standard Southern
California Edison street light. The only minor differences between the poles besides the
antenna arrays will be a slightly larger outside diameter (eight inches for standard SCE light
pole versus ten inches for Crown Castle), and a taller overall height (32 feet versus
approximately 40 feet high). It should be noted that the top of the luminaire or light fixture will
be 32 feet for consistency along the street right -of -way.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on June 7, 2012 and mailed to the
property owners within the required 600 -foot radius.
ENVIRONMENTAL DETERMINATION
The proposed project has been determined to be consistent with the previously approved
Mitigated Negative Declaration approved on March 16, 2011 and is exempt from further
environmental review (CEQA Section 15162 Subsequent EIR's and Negative Declarations).
3
FINDINGS
Conditional Use Permit, Development Code Section 17.04.10.E.
The proposed use is in conformance with the General Plan for Temecula and with all applicable
requirements of State law and other Ordinances of the City.
The proposed use is consistent with all requirements stated in the Telecommunications Facility
and Antenna Ordinance of the Temecula Development Code. In addition, the project is in
conformance with all the requirements of the General Plan and with all applicable requirements
of State law and other Ordinances of the City.
The proposed conditional use is compatible with the nature, condition and development of
adjacent uses, buildings and structures and the proposed conditional use will not adversely
affect uses, buildings or structures.
The antenna has been located and designed to match existing street lights already located in
the City right -of -way. The project is designed to have negligible impact on surrounding uses.
The site for the proposed conditional use is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other
development features prescribed in the Development Code and required by the Planning
Commission or City Council in order to integrate the use with other uses in the neighborhood.
Based on the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the
applicable sections of the Development Code, the site for the conditional use is adequate to
accommodate required yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other features described in the Development Code.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
The wireless antenna will be located in the City right -of -way and the project has been reviewed
and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure
the conditional use is not detrimental to the health, safety and general welfare of the community,
and the proposed project is consistent with the requirements outlined in the Development Code,
and Building and Fire Codes, which contain provisions to protect the health, safety, and general
welfare of the community.
That the decision to approve, conditionally approve, or deny the application for a Conditional
Use Permit be based on substantial evidence in view of the record as a whole before the
Planning Commission or City Council on appeal.
The decision to conditionally approve the use is based on substantial evidence in view of the
record as a whole before the Planning Commission.
4
ATTACHMENTS
NewPath /Crown Castle DAS Master Plan Map
Vicinity and Aerial Maps
Plan Reductions
Resolution
Exhibit A - Draft Conditions of Approval
Initial Study - Mitigated Negative Declaration
Mitigation Monitoring Program
Notice of Public Hearing
5
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County The City of Temecula assumes no warranty or legal responsioility for the
information contained on this map. Data and information represented on this ntap
are subject to update and modification. The Geographic Information Syslem and
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PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA11 -0119, A CONDITIONAL USE
PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40'
HIGH TEXTURED STEEL STREET LIGHT POLE AS PART
OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM
(DAS) MASTER PLAN (NODE TM -28) IN THE CITY OF
TEMECULA RIGHT -OF -WAY ON THE NORTH SIDE OF
SUNNY MEADOWS DRIVE, 155' NORTHEAST OF
CAMPANULA WAY (APN 959- 203 -024)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 19, 2011, Maximize Communications Group on behalf of
NewPath /Crown Castle filed Planning Application No. PA11 -0119, a
Conditional Use Permit Application in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 20, 2012, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA11 -0119 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit, Development Code Section 17.04.10.E.
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The proposed use is consistent with all requirements stated in the
Telecommunications Facility and Antenna Ordinance of the Temecula
Development Code. In addition, the project is in conformance with all the
requirements of the General Plan and with all applicable requirements of state
law and other ordinances of the City.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect uses, buildings or structures;
The antenna has been located and designed to match existing street lights
already located in the City right -of -way. The project is designed to have
negligible impact on surrounding uses.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
Based on the requirements stated in the Antenna Ordinance (Chapter 17.40), as
well as the applicable sections of the Development Code, the site for the
conditional use is adequate to accommodate required yards, walls, fences,
parking and loading facilities, buffer areas, landscaping, and other features
described in the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The wireless antenna will be located in the City right -of -way and the project has
been reviewed and conditioned by Public Works, Building and Safety, Fire
Prevention, and the Police Department to ensure the conditional use is not
detrimental to the health, safety and general welfare of the community, and the
proposed project is consistent with the requirements outlined in the Development
Code, and Building and Fire Codes, which contain provisions to protect the
health, safety, and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a Conditional Use Permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to conditionally approve the use is based on substantial evidence in
view of the record as a whole before the Planning Commission.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of Planning Application No. PA11 -0119, a Conditional Use Permit to locate antennas on
a new concrete street light pole as part of a wireless distributed antenna system (DAS)
in the City of Temecula right -of -way:
A. The proposed project has been determined to be consistent with the
previously approved Mitigated Negative Declaration adopted by the City of Temecula
Planning Commission on March 16, 2011 and is, therefore, exempt from further
Environmental Review (CEQA Section 15162 Subsequent EIR's and Negative
Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA11 -0119, a Conditional Use Permit to locate
antennas on a new textured steel street light pole as part of a wireless distributed
antenna system (DAS) in the City of Temecula right -of -way on the north side of Sunny
Meadows Drive, 155' northeast of Campanula Way, 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 20 day of June, 2012.
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)ss
Ron Guerriero, Chairman
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted
by the Planning Commission of the City of Temecula at a regular meeting thereof held
on the 20 day of June 2012, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS
ABSENT: PLANNING COMMISSIONERS
ABSTAIN: PLANNING COMMISSIONERS
Patrick Richardson, Secretary
Planning Application No.: PA11 -0119
Project Description:
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PL -1.
General Requirements
A Conditional Use Permit for Crown Castle to install a new 40' high
textured steel street light pole as part of its wireless distributed
antenna system (DAS) Master Plan (Node TM -28) in the City of
Temecula right -of -way on the north side of Sunny Meadows Drive,
155' northeast of Campanula Way
Assessor's Parcel No.: City of Temecula publicly owned right -of -way
MSHCP Category: NA
DIF Category: NA
TUMF Category: NA
Approval Date: June 20, 2012
Expiration Date: June 20, 2014
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
The applicant /developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty -Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Determination as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48 -hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
PL -2. The applicant shall hereby agree to indemnify, protect, hold harmless, and defend the
City with Legal Counsel of the City's own selection from any and all claims, actions,
awards, judgments, or proceedings against the City to attack, set aside, annul, or seek
monetary damages resulting, directly or indirectly, from any action in furtherance of and
the approval of the City, or any agency or instrumentality thereof, advisory agency,
appeal board or legislative body including actions approved by the voters of the City,
concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or
appointed officials, officers, employees, consultants, contractors, legal counsel, and
agents. City shall promptly notify both the applicant and landowner of any claim, action,
or proceeding to which this condition is applicable and shall further cooperate fully in the
defense of the action. The City reserves the right to take any and all action the City
deems to be in the best interest of the City and its citizens in regards to such defense.
PL -3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL -4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL -5. The Planning Director may, upon an application being filed prior to expiration, and for
good cause, grant a time extension of up to 3 one -year extensions of time, one year at a
time.
PL -6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL -8. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staff's prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent
of that required by the Conditions of Approval. Staff may elect to reject the request to
substitute, in which case the real party in interest may appeal, after payment of the
regular cost of an appeal, the decision to the Planning Commission for its decision.
MATERIAL COLOR
Textured Steel Street Light Pole Gray with dark and light flecks to match
existing street lights in City right -of -way
PL -9. The applicant shall comply with their Site Justification Analysis /Statement of Operations
contained on file with the Planning Department, unless superseded bythese Conditions
of Approval.
PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL -11.
The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation
Monitoring Plan prepared for this Project.
PL -13. All graffiti shall be removed within 24 hours.
Prior to Issuance of Building, Encroachment, or Right -of -Way Permits
PL -14. The following shall be included as part of the encroachment permit: If at any time
during excavation /construction of the site, archaeological /cultural resources, or any
artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately advise
the City of such and the City shall cause all further excavation or other disturbance of
the affected area to immediately cease. The Planning Director at his /her sole discretion
may require the property owner to deposit a sum of money it deems reasonably
necessary to allow the City to consult and /or authorize an independent, fully qualified
specialist to inspect the site at no cost to the City, in order to assess the significance of
the find. Upon determining that the discovery is not an archaeological/ cultural resource,
the Planning Director shall notify the property owner of such determination and shall
authorize the resumption of work. Upon determining that the discovery is an
archaeological /cultural resource, the Planning Director shall notify the property owner
that no further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Planning Director."
PL -15. The maintenance /facility removal agreement or enforceable provisions in a signed lease
that will assure the intent of the Telecommunication Facility and Antenna Ordinance will
be complied with, shall be signed by the applicant and shall be submitted to the
Planning Director. The agreement shall comply with all provisions set forth in Section
17.40.210 of the Ordinance.
PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to
not adversely impact the growth potential of street trees.
COMMUNITY SERVICES DISTRICT (TCSD)
Prior to Issuance of Encroachment Permit
CS - 1.
The developer shall contact the Temecula Community Services District (TCSD)
Maintenance Superintendent for a pre- construction meeting. Developer shall protect
the landscape and irrigation equipment in place and comply with TCSD review and
inspection processes.
Prior to Final Approval
CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and
to the satisfaction of the TCSD Maintenance Superintendent.
BUILDING AND SAFETY DEPARTMENT
General Conditions /Information
B -1. Obtain street addressing for all proposed buildings.
B -2. All design components shall comply with applicable provisions of the 2010 edition of the
California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
B -3. Obtain all building plans and permit approvals prior to commencement of any
construction work.
At Plan Review Submittal
B -4. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
Prior to Issuance of Building Permit(s)
B -5. Provide appropriate stamp of a registered professional with original signature on plans.
FIRE PREVENTION
F -1. No Comments or Conditions of Approval.
PUBLIC WORKS DEPARTMENT
General Requirements
PW -1.
An Encroachment Permit from the City of Temecula Public Works Department shall be
required prior to start of work. A separate permit shall be required for any extensive
conduit installation.
PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works
Department prior to start of work.
PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City
Council pursuant to Section 17.40.220 of the Municipal Code.
PW -4. Antennas shall be installed a minimum of 75 feet from the nearest residence per
Section 17.40.110 of the Municipal Code.
PW -5. Provide regulations governing minimum distance Above Ground Level (A.G.L) for
antennas.
PW -6. Each location shall be separately permitted for encroachment into the right -of -way. The
number active Encroachment Permits at any given time shall be limited based on the
availability of Public Works inspectors. Subsequent permits shall be issued only after
satisfactory restoration and acceptance of public improvements at previously permitted
locations.
City of Temecula
Community Development
Planning Division Notice of Proposed Mitigated Negative Declaration
PROJECT: NewPath c/o Crown Castle Wireless Distributed Antenna System (DAS) Project
APPLICANT: Maximize Communications Group on behalf of NewPath Networks c/o Crown
Castle
LOCATION: The Project includes the installation of 39 DAS nodes within the City of
Temecula publicly owned right -of -way, County of Riverside
DESCRIPTION: NewPath Networks c/o Crown Castle is a wireless infrastructure company that
designs, develops and operates fiber -fed wireless distributed antenna systems
(DAS) to provide wireless telecommunication services to multiple carriers.
NewPath proposes to develop a 39 -node DAS throughout the publicly owned
City right -of -way (see map on back side of this Notice). The network utilizes a
series of small, low -power antennas called "nodes." Each node consists of
antenna rays constructed within or on a new slim line monopole camouflaged
as a new street light, or located on an existing utility pole. Of the 39 nodes
located in the City of Temecula right -of way, 33 will be designed as new street
lights and the remaining 6 will be attached to existing utility poles.
The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described
above. Based upon the information contained in the attached Initial Environmental Study and
pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been
determined that this project as proposed, revised or mitigated will not have a significant impact upon
the environment. As a result, the Planning Commission intends to adopt a Mitigated Negative
Declaration for this project.
The mitigation measures required to reduce or mitigate the impacts of this project on the environment
are included in the project design and /or the Mitigation Monitoring Program will be included as part of
the Mitigated Negative Declaration for this project, which is available for review at City Hall.
The Comment Period for this proposed Mitigated Negative Declaration is February 14, 2011 to March
15, 2011. Written comments and responses to this notice should be addressed to the contact person
listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589 -9033.
City Hall is located at 41000 Main Street.
The public notice of the intent to adopt this Mitigated Negative Declaration is provided through:
The Local Newspaper [Posting the Site Notice to Adjacent Property Owners
If you need additional information or have any questions concerning this project, please contact
Matthew D. Peters, AICP at (951) 694 -6408.
Prepared by: '+n�h � �k550(.■ °C. (tAw -.
(Signature) (Title)
City of Temecula
P.O. Box 9033, Temecula, CA 92589 -9033
Environmental Checklist
Project Title
NewPath c/o Crown Castle Wireless Distributed Antenna System
(DAS) Project
Lead Agency Name and Address
City of Temecula
P.O. Box 9033, Temecula, CA 92589 -9033
Contact Person and Phone Number
Matthew D. Peters, AICP (951) 694 -6408
Project Location
The Project includes the installation of a 39 -node wireless
Distributed Antenna System (DAS) within the City of Temecula
publicly owned right -of -way, County of Riverside (see attached
Crown Castle DAS Master Plan for locations)
Project Sponsor's Name and Address
Maximize Communications Group on behalf of NewPath c/o Crown
Castle USA
Maximize Communications Group, Inc.
1351 Pomona Rd., Suite 110
Corona, CA 92882
NewPath Networks
c/o Crown Castle USA
1100 Dexter Ave., Suite 250
Seattle, WA 98109
General Plan Designation
NA (Not Applicable) — all antennas will be located on new street
lights or existing utility poles in the City of Temecula publicly owned
right -of -way.
NA (Not Applicable)— all antennas will be located on new street lights
or existing utility poles in the City of Temecula publicly owned right -
of -way.
Zoning
Description of Project
NewPath Networks c/o Crown Castle is a wireless infrastructure
company that designs, develops and operates fiber -fed wireless
distributed antenna systems (referred to herein as "DAS ") to provide
wireless telecommunication services.
The proposed DAS network is a low profile system capable of
delivering wireless telecommunications service to customers of
multiple carriers such as AT &T, Verizon, Sprint, and MetroPCS. The
proposed network initially will supply the infrastructure for NewPath's
anchor tenant, MetroPCS. The network utilizes a series of small,
low -power antennas called, "nodes," which receive an optical signal
from a central hub and distribute the signal in the form of Radio
Frequency (RF) transmissions. For this Project, the hub is outside
the City's boundaries (as are three other nodes, one in the County of
Riverside and two in the City of Murrieta). Within the City of
Temecula, the proposed network consists only of the antenna nodes.
Of the 39 nodes located in the City of Temecula right -of -way, 33 will
be designed as new street lights and the remaining 6 will be attached
to existing utility poles.
G:\PLANNING\2010 \PA10 -0186 NewPath Networks TM -01 CUP \Planning \Planning Commission\CEQA Initial Study.doc
1
Each node consists either of antenna arrays constructed within or on
a slim -line monopole designed to match existing street lights
throughout the City right -of -way, or antenna arrays fixed to existing
utility poles owned by the Joint Pole Committee ( "JPC "). Each
facility generally features a 53.74 -inch Kathrein Tri- sector antenna
within a flush- mounted housing (for new poles) or three Kathrein
antennas mounted to existing JPC utility poles. Either configuration
also will feature one or more Flex Wave Prisms or similar "fiber
repeaters" mounted to either the new street light or the existing JPC
utility pole. The fiber repeater converts digitalized spectrum received
from the hub into RF signals emitted from the antenna array. Where
the new node is proposed for an existing JPC pole, the facility also
features a ground mounted meter pedestal.
The Project involves the installation of both aerial fiber -optic cable on
existing wood utility and newly installed street lights, and
underground fiber -optic cable installed within newly installed and
existing poly vinyl chloride (PVC) conduit in previously disturbed
rights of way. The newly installed fiber -optic cable would connect 39
distributed antenna system nodes and ancillary optical conversion
and power equipment also attached to the same utility poles within
the City of Temecula publicly owned right -of way. Another three will
be installed outside the City limits; two in the City of Murrieta and one
in the County of Riverside. The entire network will be connected to a
newly installed fiber -optic base station hub. Construction of the
proposed DAS Project will consist specifically of the following:
• Installation by NewPath of 33 new slim -line monopoles
designed as street lights;
• Installation of 39 DAS nodes each containing either: one (1)
tri- sector pipe antenna, three (3) antennae insiode radomes,
or between three (3) and six (6) panel antennas installed on
the utility pole;
• Installation of fiber -optic equipment (i.e. optical conversion
equipment, signal regeneration equipment, switching
equipment, etc...) mounted on existing wood and newly -
installed street lights;
• Installation of 4 -inch Poly Vinyl Chloride (PVC) conduit;
• Aerial installation of fiber -optic cable onto existing or new
wood and street lights;
• Underground installation of fiber -optic cable into existing and
newly installed conduit;
• Underground connection of network to one (1) hub facility to
be installed inside an existing public storage facility located
at 43920 Butterfield Stage Rd.;
• Installation of pull boxes and hand holes; and
• Splicing of fiber -optic cable into facilities.
The location of the proposed Project is illustrated on the attached
Crown Castle DAS Master Plan, and each location is further
described on a corresponding and attached spreadsheet.
Engineering drawings for a new street light and co- location on an
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2
G:\PLANNING \2010 \PA10 -0186 NewPath Networks TM -01 CUP \Planning \Planning Commission \CEQA Initial Study.doc
3
existing utility are also attached.
Construction is expected to last approximately 120 days and will
consist of two (2) aerial crews and two (2) underground crews
working simultaneously to complete construction of the proposed
Project.
Surrounding Land Uses and Setting
The Project proposes to develop a 39 -node DAS network throughout
the City of Temecula publicly owned right -of way adjacent to various
commercial and residential zones
Other public agencies whose approval
is required
None
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3
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Mineral Resources
Agriculture and Forestry Resources
Air Quality
Noise
Population and Housing
Biological Resources
Greenhouse Gas Emissions
Public Services
Recreation
Cultural Resources
Transportation and Traffic
Geology and Soils
Hazards and Hazardous Materials
Utilities and Service Systems
Mandatory Findings of Significance
Hydrology and Water Quality
Land Use and Planning
Determination
(To be completed
by the
None
lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
X
I find that although the proposed project could have
be a significant effect in this case because revisions
the project proponent. A MITIGATED NEGATIVE
a significant effect on the environment, there will not
in the project have been made by or agreed to by
DECLARATION will be prepared.
a significant effect on the environment, and an
I find that the proposed project MAY have
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have
potentially significant effects (a) have been analyzed
DECLARATION pursuant to applicable standards,
that earlier EIR or NEGATIVE DECLARATION,
imposed upon the proposed project, nothin• further
a significant effect on the environment, because all
adequately in an earlier EIR or NEGATIVE
and (b) have been avoided or mitigated pursuant to
including revisions or mitigation measures that are
is required.
Signature
Printed Name
Date
For
fd. In, a6ll
G: \PLANNING\2010 \PA10 -0186 NewPath Networks TM -01 CUP \Planning \Planning Commission \CEQA Initial Study.doc
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1. AESTHETICS. Would the project:
Issues and Supporting information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Have a substantial adverse effect on a scenic vista?
X
b
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
X
c
Substantially degrade the existing visual character or quality
of the site and its surroundings?
X
d
Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
X
Comments:
See the attached maps and exhibits included in the Project description for more information on the location and
design of the DAS nodes.
1.a.b: No Impact: As indicated in the General Plan (Figure CD -1), The Project and the location of the nodes
will not have an effect on a scenic vista or substantially damage any scenic resources as they are all located in
the City of Temecula publicly owned right -of -way adjacent to commercial or residential areas.
1.c. Less Than Significant With Mitigation Incorporated: The installation of aerial cable on existing
poles would further add to the number of cables attached to the poles. These would be attached near phone
and cable TV cables and would incrementally add to the visual impact of these structures. This additional
impact would constitute a less- than - significant impact due to the presence of other cables on the poles.
However, the proposed Project includes the installation of 33 new slim -line monopoles designed to match
existing street lights located throughout the City right -of -way and the remaining 6 will be attached to existing
utility poles. The street light design will help the antennas blend in with the surrounding environment. In some
cases, street lights may not blend in a rural area where no street lights exist. In order to ensure compatibility
with the surrounding area, the following mitigation is required to ensure a less than significant visual and
aesthetic impact:
Mitigation Measure A -1.
New slim -line monopoles should be designed as a concrete street light pole to match existing street lights in
the right -of -way. If a new street light is determined to have a negative visual and aesthetic impact, a slim -line
monopole with concrete street light base — minus the "cobra" light arm may be acceptable. In rural areas,
where street lights don't exist a new wood pole may be considered acceptable. Thus, three types of new poles
may be acceptable depending on the surrounding environment:
1. New concrete street light with appropriate light arms or globe
2. New concrete "street light" type pole minus the light arm
3. New wood pole if there are no surrounding street lights
1.d. Less Than Significant Impact: The City of Temecula requires all new development to comply with the
Mount Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires lighting to be shielded, directed
down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Lighting issues are
addressed during the City's plan review and inspection process. A less than significant impact is anticipated
as a result of the proposed project.
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2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California
Dept. of Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection regarding the state's inventory of forest
land, including the Forest and Range Assessment Project and the Forest Legacy Assessment
Project; and forest carbon measurement methodology provided in Forest Protocols adopted
by the California Air Resources Board. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to
non - agricultural use?
Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
X
X
b
c
Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section
12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g)?
Result in the loss of forest land or conversion of forest land
to non - forest use
X
X
d
e
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non - agricultural use or conversion of forest
land to non - forest use?
X
Comments:
2.a. No Impact: The project has been or would be located entirely within the existing publicly owned right -
of -way along existing roadways and within generally urban and residentially developed areas. No portion of
the project site or adjacent areas is considered to be Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance.
2.b. No Impact: The project is located within a publicly owned right -of -way and is not zoned for agricultural
use or under a Williamson Act Contract.
2.c.d.e. No Impact: The project is in a publicly owned right -of -way that is not used or zoned for agriculture,
timberland or forest uses. There would be no conversion of land from forest or farmland since none exists.
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3. AIR QUALITY. Where available, the significance criteria established by the applicable air
quality management or air pollution control district may be relied upon to make the
following determinations. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
X
X
X
X
Less Than
Significant
Impact
No
Impact
a
Conflict with or obstruct implementation of the applicable
air quality plan?
Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
b
c
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
Expose sensitive receptors to substantial pollutant
concentrations?
d
e
Create objectionable odors affecting a substantial number
of people?
X
Comments:
Construction of the Project will consist of four (4) work crews (two [2] aerial crews and two [2] underground
crew) who will work simultaneously until completion. Each work crew will install all described components of
the Project as they progress along the Project alignment.
A typical underground crew will consist of the following:
1 backhoe
1 HDD bore machine
3 standard pickup trucks
1 dump truck
2 hand -held vibratory compactors
1 saw cutter
1 crane
The following labor crew will be required: 1 foreman, 2 operators, 3 laborers (including flagmen), and 1
inspector.
A typical aerial cable placing crew will consist of the following equipment:
2 aerial cable - placing vehicles
1 cable reel trailer
1 supply and equipment truck
1 pickup truck
A typical aerial crew will consist of an aerial cable - placing vehicle with a driver, an in- bucket operator and one
or two flagmen, depending on traffic conditions.
3.a. -d. Less Than Significant With Mitigation Incorporated: The project does not include development of
new homes or businesses and, therefore, would not induce population growth in the South Coast Air Basin.
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Emissions during construction would result in minimal emissions from occasional vehicle trips to maintain the
project facilities.
Short-term cumulative impacts to air quality due to construction would be less than significant through the
implementation of dust abatement procedures in accordance with SCAQMD rules Best Available Control
measures (BACM), as well as the following mitigation:
Mitigation Measures Air Quality 1:
• Minimize and disturbances
• Utilize watering trucks to minimize dust
• Cover trucks when hauling dirt
• Put grading and earth moving on hold when wind gust exceed 25 miles per hour unless the soil is wet
enough to prevent dispersion
• Stabilize the surface dirt piles if they are not removed immediately
• Sweep nearby paved streets at least once per day if there is evidence of dirt that has been carried onto
the roadway
• Revegetate disturbed land as soon as possible
• Remove unused materials.
3.e. Less Than Significant: The construction of the project could generate fumes from the operation of
construction equipment and from asphalt paving, which may be considered objectionable by some people.
Such exposurtes would be short term and /or transient since they would occur during the construction phase
only. Furhtermore, SCAQMD rules restrict VOC content (the source of odor - causing compounds) in asphalt
and paints. The project would utilize typical construction techniques in compliance with SCAQMD rules. As
such, project construction would not cause an odor nuisance, and odor impacts would be less than significant.
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4. BIOLOGICAL RESOURCES. Would the project?
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
X
b
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
X
c
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
X
d
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
X
e
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
X
f
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
X
Comments:
4.a. -d. Less Than Significant Impact: The project will be constructed within the publicly owned right -of -way,
which consists of primarily paved surfaces with no riparian habitat or habitat for sensitive species, wetlands,
vernal pools, or marshes. No tree removal is anticipated and no migratory routes or wildlife corridors have
been identified. There may be a potential for indirect impact to habitat from construction runoff or release of
hazardous substances from construction. However, these potential impacts are discussed under Section 8,
Hazards and Hazardous Materials, and are reduced to level that is less than significant through the
implementation of an existing Hazardous Materials Spill Prevention and Contingency Plan (SPCP).
4.e. -f. No Impact: The project would not result in tree removal or impacts to biological resources. The project
site is not located within a habitat conservation area; therefore no impact would occur.
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5. CULTURAL RESOURCES. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Cause a substantial adverse change in the significance of
a historical resource as defined in Section 15064.5?
X
b
Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 15064.5?
X
c
Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
X
d
Disturb any human remains, including those interred
outside of formal cemeteries?
X
Comments:
5.a. -d. Less Than Significant Impact: The proposed project is to be constructed in the publicly owned right -
of -way, which has been previously disturbed by grading, roadway, and sidewalk construction. It is not likely
that intact resources would still exist in most of the project area; however, there is a potential that resources
could be present in less disturbed areas. As a result, the following standard note shall be included in the Notes
Section of the Grading Plan: "If at any time during excavation /construction of the site, archaeological /cultural
resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately advise the City of such and the
City shall cause all further excavation or other disturbance of the affected area to immediately cease. The
Planning Director at his /her sole discretion may require the property owner to deposit a sum of money it deems
reasonably necessary to allow the City to consult and /or authorize an independent, fully qualified specialist to
inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of
such determination and shall authorize the resumption of work. Upon determining that the discovery is an
archaeological /cultural resource, the Planning Director shall notify the property owner that no further
excavation or development may take place until a mitigation plan or other corrective measures have been
approved by the Planning Director."
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6. GEOLOGY AND SOILS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Expose people or structures to potential substantial adverse
effects, including the risk of Toss, injury, or death involving:
i.
Rupture of a known earthquake fault, as delineated on the
most recent Alquist - Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
X
ii
Strong seismic ground shaking?
X
iii
Seismic - related ground failure, including liquefaction?
X
iv
Landslides?
X
b
Result in substantial soil erosion or the loss of topsoil?
X
c
Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
X
d
Be located on expansive soil, as defined in Table 18 -1 -B of
the Uniform Building Code (1994), creating substantial risks
to life or property?
X
e
Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
X
Comments:
6.a.i., ii., iii. Less Than Significant Impact: The Elsinore Fault traverses the City of Temecula and is located
in an area of high seismic activity and faulting. In addition, the project area may be subject to severe ground
shaking from a seismic event since the area also has high liquefaction potential. The project will be designed
to comply with the City's seismic design standards for utilities, resulting in a Tess than significant impact.
6.a.iv. No impact: While the City of Temecula has rolling hills and areas of steep topography, the individual
project sites for each node within the publicly owned right -of way are relatively flat and not prone to landslides.
No impact would occur.
6.b. Less Than Significant Impact: The erosion hazard of the soils in most of the project area is slight. In
addition, much of the area in the public right -of way where the nodes will be installed include turf. Erosion
controls will be used where necessary along the proposed project route. The most likely situations for the use
of controls will be when construction activities occur near storm drains and in landscaped areas where the
slope of hillsides is steep. Control measures that may be used include silt fence, certified weed -free straw
wattles and straw bales, and other control measures as necessary. Each node will require an encroachment
permit to be issued by the Department of Public Works resulting in a less than significant impact.
6.c.d. Less Than Significant Impact: As described above, the area is prone to liquefaction, and areas with
expansive soils. The impact is considered less than significant as each node will be reviewed by the
Department of Building and Safety for compliance with seismic design standards for utilities.
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6.e. No Impact: Septic tanks or alternative wastewater systems are not a part of the project. No impact
would occur.
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7. GREENHOUSE GAS EMISSIONS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
X
b
Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse
gases?
X
Comments:
7.a.b. No Impact: The proposed Project involves the installation of new concrete street light poles and new
antennas on existing utility poles in the City of Temecula publicly owned right -of -way. The new and existing
poles will not generate noise or greenhouse gas emissions. Therefore, no impacts will occur.
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8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Create a significant hazard to the public or the environment
through the routine transportation, use, or disposal of
hazardous materials?
X
b
Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into
the environment?
X
c
Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or acutely hazardous
materials, substances, or waste within one - quarter mile of
an existing or proposed school?
X
d
Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
X
e
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the
project area?
X
f
For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or
working in the project area?
X
g
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
X
h
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
X
Comments:
8.a. -d. Less Than Significant Impact: Construction activities have the potential to release three primary
types of materials into the environment: petroleum based products used in construction equipment, bentonite
slurry from boring operations, and runoff of silt -laden water from the construction site. To reduce the potential
for release of these materials and to minimize the impacts associated with an inadvertent spill, NewPath will
implement an existing Hazardous Materials Spill Prevention and Contingency Plan (SPCP). This plan will
evaluate potential spoil scenarios, identify avoidance and prevention measures, and identify response actions
to such situations in order to reduce the impacts to a less than significant level.
8.e. Potentially Significant Impact Unless Mitigation Incorporated: The City's GIS mapping system
identifies portions of the project area as being located within the French Valley Airport Influence Area. The
project is subject to review and comment by the Riverside Airport Land Use Commission (ALUC). The City of
Temecula will require the project to be reviewed and conditioned by ALUC prior to issuance of any permits. As
previously provided for other projects in Airport Zones in the City of Temecula, the following standard mitigation
measures will be required:
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Mitigation Measure Haz 1:
The project shall be reviewed and conditioned by ALUC prior to the issuance of any grading or building
permits.
8.f. No Impact: The Project is not located in the vicinity of a private airstrip. Therefore, no impacts would
occur.
8.g. Less Than Significant Impact: Access along project area roadways during construction is expected
to be maintained so that residents living in the vicinity are not significantly impacted by the project. Due to the
temporary nature of the project and the City's requirement for a Traffic Control Plan, the impacts would be less
than significant.
8.h. Less Than Significant Impact: The project area is within an urbanized area and is not prone to
wildfires. The impact is less than significant.
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9. HYDROLOGY AND WATER QUALITY. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade water
quality?
X
b
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre - existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)?
X
c
Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off- site?
Y.
X
d
Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on- or off -site?
e
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of polluted
runoff?
X
f
Require the preparation of a project- specific WQMP?
X
g
Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
X
h
Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
X
i
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
X
•
Inundation by seiche, tsunami, or mudflow?
X
Comments:
9.a. Less Than Significant Impact: Erosion controls as required by the City's Best Management Practices
(BMP's) will be used where necessary along the proposed Project route. The most likely situation for use of
these controls will be when construction activities occur near storm drains and in landscaped areas where the
slope of hillsides is steep. Examples of control measures that may be used include silt fence, certified weed -
free straw wattles an straw bales, and other control measures as necessary resulting in a less than significant
impact.
9.b. No Impact: The project involves the installation of new street light poles and antennas in the public
right -of -way. Groundwater will not be impacted.
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9.c.d. No Impact: The project would involve minor construction within the publicly owned right -of -way. The
project will not substantially increase the rate or amount of surface runoff in a manner that would result in
flooding. No alteration of the course of a stream or river would occur and no impact would occur.
9.e. Less Than Significant Impact: The project would not be adding a significant amount of impervious
area to the project area, since such facilities consist of a vertical pole and are constructed adjacent to
previously paved areas.
9.f. No Impact: The project would not require the preparation of a WQMP. Thus, no impacts would occur.
9.g. No Impact: The project does not involve placement of housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation
map, because the project does not include any residential within those zones. No impact would occur.
9.h. No Impact: Any structures proposed to be placed within a 100 -year flood zone will be small and limited
to poles, aboveground aerial cables, and underground cables. These will not impede or redirect flows.
Therefore, no impacts would occur.
9.i. Less Than Significant Impact: The project would not expose people or structures to a significant risk
of loss, injury or death involving flooding, since this is a utility project in the City of Temecula publicly owned
right -of -way. The impact is considered less than significant.
9.j. No Impact: No portion of the project is subjected to seiche, tsunami or mudlfow. Therefore, no impact
would occur.
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10. LAND USE AND PLANNING. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Physically divide an established community?
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
X
X
b
c
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
X
Comments:
10.a. No Impact: Installation of the DAS Network entirely within the City owned public right -of -way will not
divide an established community. Therefore, no impacts would occur.
10.b. Less Than Significant Impact: The project has been reviewed by the City's Development Review
Committee (DRC) for consistency with all applicable plans, policies and regulations, including the City's
Telecommunications Ordinance, to ensure the project will have a less than significant impact.
10.c. No Impact: None of the Project components are located on lands covered by a habitat conservation
plan or natural community conservation plan. Therefore, no impacts would occur.
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11. MINERAL RESOURCES. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Result in the Toss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
X
b
Result in the loss of availability of a locally- important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
X
Comments:
11.a.b. No Impact: According to the City of Temecula General Plan, the zoning classification of MRZ -3a has
been applied by the State. MRZ -3 areas contain sedimentary deposits that have the potential to supply sand
and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain
deposits of significant economic value, based on available data. In addition, the proposed project is to be
constructed in the publicly owned right -of -way, which has been previously disturbed by grading, roadway, and
sidewalk construction that will not impact any mineral resources. Thus, no impact will occur.
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12. NOISE. Would the project result in:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
X
No
Impact
a
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
b
Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
X
c
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
X
d
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
X
e
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
X
f
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
X
Comments:
12.a. Less Than Significant Impact: The proposed Project will increase noise levels only during
construction, and only between the hours of 6:30 a.m. and 6:30 p.m. Monday through Friday and 7:00 a.m. to
6:30 p.m. on Saturday (No Sundays) as required by City Ordinance 9.20.060.D. No increase in noise levels
will occur from the operational phase of the Project because noise- producing equipment will not be part of the
Project. The noise impacts associated with the proposed Project are expected to occur in the immediate
vicinity of construction equipment. The increased noise levels will occur during mostly daylight hours, when
average noise levels from vehicular traffic are generally the highest. In addition, the noise increase will not
affect any one location for an extended period of time. The noise generated from construction activities would
be short term in duration and considered Tess than significant.
12.b. Less Than Significant Impact: Construction activity associated with the proposed project would not
result in excessive ground -borne noise or perceptive vibration. Removal of pavement and drilling for new
poles would create short term, low levels of ground -borne noise and vibrations. No high vibration producing
activities such as pile driving, are proposed. Once construction is complete, the proposed project is not
expected to generate vibration or noise. Therefore, impacts associated with construction- related noise and
vibrations are considered less than significant.
12.c. No Impact: Once constructed, the DAS system does not produce noise, and therefore, would create
no permanent increase in ambient noise levels. Therefore, no impact would occur.
12.d. Less Than Significant Impact: As discussed in response (a) above, there would be a short term
increase in noise levels during construction; however, due to the short duration and locations, the impacts are
considered Tess than significant.
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12.e. Less Than Significant Impact: This is not a residential or commercial development Project and the
nodes are not staffed. Thus, the Project will not result in residents or employees being subjected to airport
noise. No impacts will occur.
12.f. No Impact: The project is not within the vicinity of a private airstrip. Therefore, no impact would occur.
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13. POPULATION AND HOUSING. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
X
b
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
X
c
Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
X
Comments:
13.a. No Impact: The proposed project would not result in substantial population growth in the area because
no new homes or businesses are proposed, and no infrastructure related to population growth is proposed.
Therefore, no impacts would occur.
13.b. No Impact: No housing would be displaced by the proposed project and no impact would occur.
13.c. No Impact: The project would not displace people or housing, or require replacement housing
elsewhere. Therefore, no impact would occur.
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14. PUBLIC SERVICES.
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection?
X
Police protection?
X
Schools?
X
Parks?
X
Other public facilities?
X
Comments:
14.a. No Impact: The project involves the installation of new concrete steel light poles or co- location of
antenna facilities on an existing pole in the city owned public right -of -way. The project will not introduce any
new fire hazards or generate population growth that would require an increase in fire or police protection
services. The project would not result in an increase of population or housing in the project area. Therefore no
new demand on local schools, parks or public facilities would occur.
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15. RECREATION.
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
a
Would the project increase the use of existing neighborhood
and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur
or be accelerated?
b
Does the project include recreational facilities or require the
construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
X
Comments:
15.a. No Impact: The project would not result in an increase of population, which would increase the use of
existing parks or other recreation facilities. Therefore. No impacts would occur.
15.b. No Impact: The proposed project does not include recreational facilities or require the construction or
expansion of recreation facilities. Therefore, no impacts would occur.
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16. TRANSPORTATION /TRAFFIC. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance
of the circulation system, taking into account all modes of
transportation including mass transit and non - motorized
travel and relevant components of the circulation system,
including but not limited to intersections, streets, highways
and freeways, pedestrian and bicycle paths and mass
transit?
X
b
Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other standards
established by the county congestion management agency
for designated roads or highways?
X
c
Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
in substantial safety risks?
X
d
Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
X
X
e
Result in inadequate emergency access?
f
Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
X
Comments:
16.a. Less Than Significant Impact: The proposed project would be constructed over time along roadways
in the City of Temecula, ranging from major roadways to residential streets. It is expected that there will be
short-term construction related impacts associated with the project. As a result, the Department of Public
Works will require an encroachment permit, traffic control plan, and right -of way agreement to address the
impacts and reduce them to a level of less than significant impact.
16.b. Less Than Significant Impact: Due to the low number of construction vehicles associated with two
aerial crews and two underground work crews required by the proposed project, no changes in the level of
service are anticipated. As mentioned above, short-term construction related impacts will be reduce to a level
of Tess than significant through Public Works requirements for an encroachment permit, traffic control plan, and
right -of way agreement.
16.c. No Impact: Construction and operational traffic associated with the proposed project is not expected to
result in a change in air traffic patterns, including an increase in traffic levels or a change in location that results
in substantial safety risks given that the new steel light poles will be less than 40 feet high or the new antennas
will be co- located on existing utility poles in the city owned public right -of -way.
_16.d. Less Than Significant Impact: The project would result in trenching and laying of conduit, construction
of new light poles, and aerial and underground installation of fiber optic cable, and installation of pull boxes and
hand holes. This would result in potential lane closures, loss of access, and short-term traffic congestion.
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Again, the City will require an encroachment permit and traffic control plan to reduce the impacts to a level of
less than significant.
16.e.f. No Impact: The Fire and Police Departments have reviewed the proposed project and have
determined that that there will be no significant impacts to emergency access. The proposed project will not
conflict with adopted plans, policies or programs regarding public transit, bicycle or pedestrian facilities or
otherwise decrease the performance or safety of such facilities. No impact is anticipated as a result of the
proposed project.
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17. UTILITIES AND SERVICE SYSTEMS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
X
b
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
X
c
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
X
d
Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
X
e
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
X
f
Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
X
g
Comply with federal, state, and local statutes and
regulations related to solid waste?
X
Comments:
17.a. No Impact: The project is within the publicly owned right -of -way in developed areas within the City of
Temecula, which includes streets, curb, gutter, storm drain, sewer drain, and existing utility lines, such as
power lines, telephone lines and cable television lines. The project would not generate a demand for water or
wastewater treatment, and thus would not exceed wastewater treatment requirements of the Regional Water
Quality Control Board. Therefore, no impact would occur.
17.b. No Impact: The project would not require or result in the expansion or construction of new water or
wastewater treatment facilities. Therefore, no impact would occur.
17.c. No Impact: During the construction of the proposed project, all ground disturbances would be limited
to the previously developed, and publicly owned right -of way. To avoid impacts to the existing stormwater
system, the applicant is planning to tunnel or bore under existing curbs and gutters where the project proposes
to install underground fiber optic communication lines. Therefore, the project would not require or result in the
construction of new stormwater drainage facilities or expansion of existing facilities, and no impacts would
occur.
17.d.e. No Impact: The project would not generate a demand for water or wastewater treatment. Therefore,
the project would not cause a violation in wastewater treatment requirements, or require the construction of
new water or wastewater treatment facilities. Therefore, no impact would occur.
17.f.g No Impact: The project will generate a minimal amount of solid waste during construction. The project
will include a condition of approval requiring the developer to contact the City's franchised solid waste hauler
for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and
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construction debris. The amount of solid waste generated by the project would not be substantial or interfere
with the sufficient permitted capacity of nearby landfills and there would be no impact.
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18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
X
X
No
Impact
a
Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
Does the project have impacts that are individually limited,
but cumulatively considerable ( "Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects of
past projects, the effects of other current projects, and the
effects of probable future projects)?
b
c
Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
X
Comments:
18.a. Less Than Significant Impact: As discussed in the sections above, the project would involve the
construction of a utility system and would not significantly impact fish or wildlife resources, nor impact rare,
threatened or endangered species. The proposed project with the inclusion of standard conditions of approval
and permitting process would not significantly impact cultural or biological resources.
18.b. Less Than Significant Impact: No significant cumulative impacts have been identified with the
implementation of the proposed project.
18.c. Less Than Significant Impact: No substantial environmental effects that would cause adverse effects
on human beings have been identified.
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19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program
EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier
EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify
the following on attached sheets.
a
Earlier analyses used. Identify earlier analyses and state where they are available for review.
b
Impacts adequately addressed. Identify which affects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c
Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe
the mitigation measures which were incorporated or refined from the earlier document and the extent to
which they address site - specific conditions for the project.
19 a. The City's General Plan, Final Environmental Impact Report and the City of Temecula's Geographic
Information System Map Sets were used as referenced source in preparing the Initial Study for this project.
The City's General Plan and Final Environmental Impact Report are available for review at the City of
Temecula Planning Department located at 41000 Main Street in Temecula. The Geographic Information
System Map Sets are available online at www.cityoftemecula.orq.
19 b. There were no impacts that were previously addressed by mitigation measures based on an earlier
analysis.
19 c. See attached Mitigation Monitoring Program.
SOURCES
1. City of Temecula General Plan
2. City of Temecula General Plan Final Environmental Impact Report
3. South Coast Air Quality Management District CEQA Air Quality Handbook
4. City of Temecula Development Code
5. Supplemental Information provided by NewPath c/o Crown Castle as required by the City's
Telecommunication Ordinance and Conditional Use Permit applications
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Mitigation Monitoring Program
NewPath c/o Crown Castle Wireless Distributed Antenna System (DAS) Project
AESTHETICS
General Impact:
Mitigation Measures
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
AIR QUALITY
General Impact:
Mitigation Measures:
Potentially degrade the existing visual character or quality
of the site and its surroundings
New slim -line monopoles should be designed as a
concrete street light pole to match existing street lights in
the right -of -way. If a new street light is determined to have
a negative visual and aesthetic impact, a slim -line
monopole with concrete street Tight base — minus the
"cobra" light arm may be acceptable. In rural areas, where
street lights don't exist a new wood pole may be
considered acceptable. Thus, three types of new poles
may be acceptable depending on the surrounding
environment:
1. New concrete street light with appropriate light
arms or globe
2. New concrete "street light" type pole minus the light
arm
3. New wood pole if there are no surrounding street
lights
Planning staff will verify compliance with the above
mitigation measure as part of the planning application
review and plan check process.
Prior to issuance of a building permit
Planning Department
Short -term cumulative impacts to air quality due to construction
Implementation of dust abatement procedures in
accordance with SCAQMD rules Best Available Control
measures (BACM)
• Minimize land disturbances
• Utilize watering trucks to minimize dust
• Cover trucks when hauling dirt
• Put grading and earth moving on hold when wind gust
exceed 25 miles per hour unless the soil is wet enough
to prevent dispersion
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Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
HAZARDS
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Planning staff will
mitigation measure
review and grading
process.
Prior to issuance
construction
Responsible Monitoring Party: Planning Department
• Stabilize the surface dirt piles if they are not removed
immediately
• Sweep nearby paved streets at least once per day if
there is evidence of dirt that has been carried onto the
roadway
• Revegetate disturbed land as soon as possible
• Remove unused materials.
verify compliance with the above
as part of the planning application
plan /encroachment permit plan check
of associated permits and during
Planning and Public Works Departments
Directly or indirectly exposing people or structures to
potential adverse effects from being located within the
French Valley Airport Influence Area.
The project shall be reviewed and conditioned by ALUC
prior to the issuance of any grading or building permits.
Planning staff will verify compliance with the above
mitigation measure as part of the building and grading plan
check review process.
Prior to issuance of a building or grading permit
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Case No:
Applicant:
Proposal:
Environmental:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Notice of Public Hearing
PA11 -0119
Lena Hoffmeyer on behalf of Crown Castle
A Conditional Use Permit for Crown Castle to install a new 40' high textured steel
street light pole as part of its wireless distributed antenna system (DAS) Master
Plan (Node TM -28) in the City of Temecula right -of -way on the north side of Sunny
Meadows Drive, 155' northeast of Campanula Way.
In accordance with the California Environmental Quality Act (CEQA), the proposed
project has been determined to be consistent with the previously approved
Mitigated Negative Declaration and is exempt from further environmental review
(CEQA Section 15162 Subsequent EIRs and Negative Declarations)
Matt Peters, (951) 694 -6408
City of Temecula, Council Chambers
June 20, 2012
6:00 p.m.
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may also be accessed on the City's website —
www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding
any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In
addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be
available for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Planning Department, (951) 694 -6400.
DATE OF MEETING:
PREPARED BY:
PROJECT
SUMMARY:
RECOMMENDATION:
CEQA:
PROJECT DATA SUMMARY
Name of Applicant:
General Plan
Designation:
Zoning Designation:
Existing Conditions/
Land Use:
Lot Area:
Total Floor Area /Ratio:
Landscape Area /Coverage:
Parking Required /Provided:
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
June 20, 2012
Eric Jones, Case Planner
Planning Application No. PAl2 -0081, a Minor Conditional Use
Permit and Findings of Public Convenience or Necessity to
authorize a Type -47 ABC license for Temecula Lanes Bowling
Alley, located at 27475 Jefferson Avenue
Approve with Conditions
Categorically Exempt
Section 15301, Class 1 Existing Facilities
Alex Mann on Behalf of Tustin Lanes Properties, LLC.
Community Commercial (CC)
Community Commercial (CC)
Site: Existing Commercial Structure /Community Commercial (CC)
North: Existing Commercial Structure /Community Commercial (CC)
South: Existing Commercial Structure /Community Commercial (CC)
East: Jefferson Avenue, Existing Commercial Structure /Community
Commercial (CC)
West: Existing Storage Facility /Service Commercial (SC)
Existinq /Proposed Min /Max Allowable or Required
2.73 Acres
N/A
N/A
570 Provided Via
Reciprocal Parking
Agreement
0.92 Acres
N/A
N/A
116 Required
BACKGROUND SUMMARY
On April 20, 2012, Alex Mann, on behalf of Tustin Lanes Properties, LLC, submitted Planning
Application No. PAl2 -0081, a Minor Conditional Use Permit to allow a proposed bowling alley to
have a Type -47 alcohol license. 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
Temecula Lanes will be a new bowling alley within an existing commercial shopping center. As
part of their operations, the business will feature a restaurant for the use of bowlers. The
business is applying for a Type -47 license from the California Department of Alcoholic Beverage
Control (ABC). This license will allow for the sale of beer, wine, and distilled spirits for
consumption on the premises. All consumption will take place inside the business. Hours of
operations for the business will be Sunday through Thursday from 10 a.m. to 10 p.m., Friday
from 10 a.m. to 2 a.m., and Saturday from 9 a.m. to 1 a.m.
The bowling alley will be located within Census Tract 432.15. This Census Tract is over
concentrated. ABC has indicated that two alcohol licenses are allowed and twenty currently
exist. ABC is requiring an application for Findings of Public Convenience or Necessity since the
restaurant is ancillary to the bowling alley. The applicant has submitted an application for
Findings of Public Convenience or Necessity.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on June 9, 2012 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).
A Type -47 license allowing for the on premise consumption of beer, wine, and distilled spirits is
also common for bowling alleys. The use will be located in an existing building and only
requires modifications to the interior of the existing structure.
FINDINGS
Conditional Use Permits (Section 17.04.010.E)
The proposed conditional use is consistent with the General Plan and the Development Code.
The conditional use is consistent with the City of Temecula General Plan and Development
Code. Both the General Plan and Development Code have anticipated bowling and restaurant
uses within commercial zoning areas. In addition, the Development Code provides stipulations
for uses proposing alcohol consumption.
2
The proposed conditional use is compatible with the nature, condition and development of
adjacent uses, buildings and structures and the proposed conditional use will not adversely
affect the adjacent uses, buildings or structures.
The proposed conditional use is compatible with the nature, condition and development of
adjacent uses, buildings and structures. The conditional use has also been reviewed by the
City of Temecula Planning, Fire, Building and Safety, Public Works and Police Department to
ensure the alcohol consumption will operate safely and not affect any 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 site for the conditional use is adequate in size and shape to accommodate the yards, walls,
fences, loading facilities, buffer areas, landscaping and other development features described in
the City of Temecula Development Code as well as other governing regulations.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
The use is consistent with the Development, Fire, and Building Codes, These codes contain
provisions that will ensure for the protection of 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 Commission or City Council on appeal.
The decision to conditionally approve the application has been based on substantial evidence in
view of the record as a whole before the Planning Commission.
Finding of Public Convenience or Necessity (Section 17.10.020.6.9)
Whether or not the proposed use is consistent with the General Plan and Development Code.
Bowling alleys are a permitted use within Community Commercial zoning districts. Distilled
spirit sales in conjunction with an allowable use must obtain the approval of a Conditional Use
Permit to be consistent with the General Plan and Development Code.
Whether or not the proposed use is compatible with the nature, condition and character of
adjacent land uses.
The use will allow a proposed bowling alley to serve alcoholic beverages for on -site
consumption, This type of ancillary use is typical of businesses within commercially zoned
districts. Therefore, the use is compatible with the nature, condition and character of adjacent
land uses.
3
Whether or not the proposed use would have an adverse effect on adjacent land uses.
The use has been determined to be consistent with the Development Code. This code contains
provisions to ensure the protection of adjacent land uses. No adverse impacts to adjacent land
uses are anticipated,
Whether or not the proposed use would result in an excessive number of similar establishments
in close proximity
The proposed use will be the first of its kind in the City of Temecula, Therefore, the use will not
result in an excessive number of similar establishments in close proximity.
ATTACHMENTS
Vicinity Map
Plan Reductions
Resolution
Exhibit A - Draft Conditions of Approval
Statement of Operations
Notice of Public Hearing
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PC RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PAl2 -0081, A MINOR CONDITIONAL
USE PERMIT AND FINDINGS OF PUBLIC CONVENIENCE
OR NECESSITY TO AUTHORIZE A TYPE -47 ABC
LICENSE FOR TEMECULA LANES BOWLING ALLEY,
LOCATED AT 27475 JEFFERSON AVENUE (APN 909-
240 -002)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 20, 2012, Alex Mann, on behalf of Tustin Lanes Properties, LLC,
filed Planning Application No. PAl2 -0081, a Conditional Use Permit Application in a
manner in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 20, 2012, 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. PAl2 -0081 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:
Minor Conditional Use Permit, Development Code Section 17.04.010.E
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The conditional use is consistent with the City of Temecula General Plan and
Development Code. Both the General Plan and Development Code have
anticipated bowling and restaurant uses within commercial zoning areas. In
addition, the Development Code provides stipulations for uses proposing alcohol
consumption.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures;
The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures. The conditional use has
also been reviewed by the City of Temecula Planning, Fire, Building and Safety,
Public Works and Police Department to ensure the alcohol consumption will
operate safely and not affect any adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this Development Code and
required by the Planning Commission or Council in order to integrate the use with other
uses in the neighborhood;
The site for the conditional use is adequate in size and shape to accommodate
the yards, walls, fences, loading facilities, buffer areas, landscaping and other
development features described in the City of Temecula Development Code as
well as other governing regulations.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The use is consistent with the Development, Fire, and Building Codes. These
codes contain provisions that will ensure for the protection of the health, safety
and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a Conditional Use Permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal.
The decision to conditionally approve the application has been based on
substantial evidence in view of the record as a whole before the Planning
Commission.
Finding of Public Convenience or Necessity (Section 17.10.020.B.9)
F. Whether or not the proposed use is consistent with the General Plan and
Development Code;
Bowling alleys are a permitted use within Community Commercial zoning
districts. Distilled spirit sales in conjunction with an allowable use must obtain
the approval of a Conditional Use Permit to be consistent with the General Plan
and Development Code.
G. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses
The use will allow a proposed bowling alley to serve alcoholic beverages for on-
site consumption. This type of ancillary use is typical of businesses within
commercially zoned districts. Therefore, the use is compatible with the nature,
condition and character of adjacent land uses.
H. Whether or not the proposed use would have an adverse effect on
adjacent land uses;
The use has been determined to be consistent with the Development Code. This
code contains provisions to ensure the protection of adjacent land uses. No
adverse impacts to adjacent land uses are anticipated.
Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity;
The proposed use will be the first of its kind in the City of Temecula. Therefore,
the use will not 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 Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301,Class 1 Existing Facilities);
A Type -47 license allowing for the on premise consumption of beer, wine, and
distilled spirits is also common for bowling alleys. The use will be located in an
existing building. The use only requires alterations to the interior of the existing
structure.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PAl2 -0081, a Minor Conditional Use Permit and
Findings of Public Convenience or Necessity to authorize a Type -47 ABC license for
Temecula Lanes Bowling Alley, located at 27475 Jefferson Avenue, 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 20th day of June, 2012.
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
Ron Guerriero, Chairman
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 12- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 20th day of June 2012, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
Planning Application No.: PAl2 -0081
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Approval Date: June 20, 2012
Expiration Date: June 20, 2014
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL -1.
A Minor Conditional Use Permit and Findings of Public Convenience
or Necessity to authorize a Type -47 ABC license for Temecula Lanes
Bowling Alley, located at 27475 Jefferson Avenue
909- 240 -002
NIA (Existing Structure - No New Square Footage /Grading)
N/A (Existing Structure - No New Square Footage)
N/A (Existing Structure - No New Square Footage)
Exempt (Non - Residential Project)
The applicant /developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty -Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48 -hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
General Requirements
PL -2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the
City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentalitythereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
PL -3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL -4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL -5. The Planning Director may, upon an application being filed prior to expiration, and for
good cause, grant a time extension of up to 3 one -year extensions of time, one year at a
time.
PL -6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL -8. The applicant shall comply with their Statement of Operations dated April 3, 2012, on
file with the Planning Department, unless superseded by these Conditions of Approval.
PL -9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL -10. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL -11.
PL -12. Hours of operation for the facility shall be Sunday through Thursday from 10 a.m. to 10
p.m., Friday from 10 a.m. to 2 a.m., and Saturday from 9 a.m. to 1 a.m.
PL -13. A solid roof cover for the trash enclosure servicing the bowling alley shall be approved
and installed before the facility opens for business.
PL -14. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
OUTSIDE AGENCIES
An 8.5" x 11" (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posted at a conspicuous location within the
building. Information to assist in the compilation of this sign may be obtained through
the Temecula Valley Chamber of Commerce (951- 676 - 5090).
PL -15. The applicant shall comply with the requirements set forth by the County of Riverside
Department of Environmental Health for food service.
POLICE DEPARTMENT
General Requirements
PD -1.
Applicant has applied for a Type 47 On -Sale, General — Eating Place (Restaurant)
license, which authorizes the sale of beer, wine and distilled spirits for consumption on
the licensed premises and authorizes the sale of beer and wine for consumption off the
licensed premises. Applicant must operate and maintain the licensed premises as a
bona fide eating place. Minors are allowed on the premises.
PD -2. Applicant will familiarize employees with City Municipal Code 9.12.020 (Curfew
Established) TMC Curfew for minors. Applicant should have in plain view a sign stating
the curfew law, so that every patron will be knowledgeable about the law.
PD -3. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption
of Alcoholic Beverages in Public Prohibited.
PD -4. Applicant must complete a LEAD training either given by the Department of Alcoholic
Beverage Control, or an ABC certified equivalent course.
PD -5. Applicant shall ensure that no alcohol is sold to or consumed by any person under the
age of 21.
PD -6. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
( active /reserve /retired /dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency.
PD -7. As noted above, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it complies with Section 25660 of
the Business and Profession Code (B &P), which includes the following requirements:
(a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e)
currently valid (not expired). It is the responsibility of the business owner and any
person who serves or sells alcohol to be aware of current laws and regulations
pertaining to alcoholic beverages.
PD -8. Sections 24200.5 (b) and 25657 (a) (b) B &P; Rule 143 CCR: Section 303 (a) (PC): On-
sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others
to buythem drinks, alcoholic or non - alcoholic; (b) pay or agree to pay such an employee
a percentage of the receipts from the sales of drinks solicited; (c) permit any person
whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink.
PD -9. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a
bona fide eating place. They must make actual and substantial sale of meals, during the
normal meal hours that they are open, at least five days a week. Normal meal hours
are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00
p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the
days they are open. The premises must be equipped and maintained in good faith. This
means the premises must possess working refrigeration and cooking devices, pots,
pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough
goods to make substantial meals. The premises must complywith all regulations of the
local health department. Incidental, sporadic or infrequent sales of meals or a mere
offering of meals without actual sales is not compliance. "Meals" means the usual
assortment of food commonly ordered at various hours of the day. The service of only
sandwiches or salads is not considered compliance. However, certain specialty entrees,
such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or
desserts, may be considered a meal. The Department will presume that a licensee is
operating as a bona fide eating place if the gross sales of food prepared and sold to
guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared"
means any processing preliminary to the final serving of food. (Note: Some licensees
have a "conditional" license that requires food sales to be 50% or more of the total
gross sales Sections 23038 and 23787 B &P).
PD -10. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe package) between
2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol
between 2:00 a.m. and 6:00 a.m. (Section 25631 B &P Code). Licensees may not
permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of
the same day (even if someone bought the drinks before 2:00 a.m. Section 25632
B &P). Some ABC licenses have special conditions (restrictions) as to hours of sale that
are stricter that the law. Those licenses are marked "Conditional" (23805 B &P).
PD -11.
Police officers, sheriff's deputies and ABC investigators are sworn law enforcement
officers (peace officers) with powers of arrest. Whether in plainclothes or uniform,
peace officers have the legal right to visit and inspect any licensed premises at anytime
during business hours without a search warrant or probable cause. This includes
inspecting the bar and back bar, store room, office, closed or locked cabinets, safes,
kitchen, or any other area within the licensed premises. It is legal and reasonable for
licensees to exclude the public from some areas of the premises. However, licensees
cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer
(Sections 25616, 25753, and 25755 B &P; 148 and 241 (b) PC).
PD -12. 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 premises area includes the parking lot ( Sections 24200
(a) (B &P) and 25601 B &P; 316 PC).
PD -13. Applicant shall ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages are trained in the proper
procedures and identification checks. The Temecula Police Department provides free
training for all 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 Temecula Police Department Crime Prevention and Plans Unit at (951)
506 -5131.
PD -14. Events where entertainment is to be provided must abide bythe 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 of the breasts,
buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals;
and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts
and /or buttocks are exposed to view shall perform only upon a stage at least 18 inches
above the immediate floor level and removed at least six feet from the nearest patron.
No licensee shall permit any person to remain in or upon the licensed premises who
exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also
violates Section 311.6 PC if conduct is `obscene ".
PD -15. Applicant will be responsible for any cost incurred bythe Police Department if additional
officers are required because of traffic problems /congestion, public disturbance or
where the need for police presence is required.
PD -16. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of
operation.
PD -17. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506 -5131.
Temecula Lanes, Inc.
27475 Jefferson Ave.
Temecula, CA 92590
909 - 964 -7843 Cell
Statement of Operations
Equipment : Bowling Machines, Bowling Lanes, Lighting, Scoring System, Beer
and Liquor Dispenser, Food Counter, Cooking Area, Refrigerator, Televisions, Chairs, and Tables.
Hours of Operation: Sun — Thursday 10am -10pm, Friday 10am — 2am, Saturday gam — lam
Employees: 15 — 20 Part -Time Employees, 10 -15 Full Time Employees
Estimated Max Occupancy: 300 -400 people
Number of Parking Spaces: Common Area Parking has approx. 650 Parking Spaces
Food Provided: Yes
Liquor Provided: Yes
4/3/12
Music: Music will be played during the course of business, however not to the levels of "loud"
or "rock concert."
Structures to be provided: The customers will be inside the bowling facility. No outside
lighting, fencing, signs will be needed.
ADA paths: Restrooms, Parking Lot and General Bowling Area will be ADA compliant.
Alex Mann
909 - 964 -7843
Amendment 1
1. Music shall be pre- recorded.
Statement of Operation
Dated: 5/21/12
Case No:
Applicant:
Proposal:
Environmental:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
PAl2 -0081
Alex Mann on Behalf of Tustin Lanes Properties, LLC
A Minor Conditional Use Permit and Findings of Public Convenience or Necessity
to authorize a Type -47 ABC license for Temecula Lanes Bowling Alley, located at
27475 Jefferson Avenue
In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review and a Notice of Exemption will
be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities)
Eric Jones, (951) 506 -5115
City of Temecula, Council Chambers
June 20, 2012
6:00 p.m.
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Notice of Public Hearing
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may also be accessed on the City's website —
www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding
any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In
addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be
available for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Planning Department, (951) 694 -6400.