Murrieta City Council
June 3, 2025

Plan Background 6
Key Recommendations 7
Conclusion 9
Trail Benefits 12
City of Murrieta Trails Master
Plan Approach
12 Review of Existing Plans
and Studies
13 Document Organization 16
Feedback Survey Summary
21 Stakeholder Interviews
22 Multimodal Community
Survey 23
Community Workshops 24

Welcome
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Needs
Assessment
Recommendations
Section Three Section Four
Existing Conditions 32
Trail Classification 32
Existing Trails Descriptions 38
Field Review &
Maintenance Opportunities
59 Trail Usage 61
Proposed Trail Connections and Additions 64
Connections 64
Additions 66
General Trail Recommendations 67
Signage and Wayfinding 67
Trail Design Standards 71
Trail Amenities 76
Trail Maintenance Operations 78
Traffic Calming and Improved Visibility 80
Trail Mapping and Data Management 82
Example Trail Amenity Improvement Maps 84
Implementation 112
Next Steps 114
Funding 116

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4 MURRIETA TRAILS MASTER PLAN
Executive
Summary
Welcome
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6 MURRIETA TRAILS MASTER PLAN
Plan Background
The City of Murrieta’s Trails
Master Plan (MTMP) is a visionary
document that sets the stage for
a more connected, accessible,
and enjoyable trail network.

The MTMP’s objective is to
support the City’s commitment
to fostering outdoor recreational
opportunities, promoting healthy
lifestyles, and ensuring accessible
and well-maintained trails for
all residents and visitors.

The development process for the
MTMP included evaluating existing
plans and studies related to trail
planning in the City, engaging
with community members, and
conducting a robust assessment
of existing conditions to identify
actionable recommendations
for enhancing and expanding
the City of Murrieta trail
network. By prioritizing key
recommendations, fostering
community engagement, and
securing diverse funding sources,
Murrieta can ensure its trails
continue to provide access
to nature and recreation for
people of all ages and abilities.

The Master Plan
Public Participation
The public input for this MTMP included:
2,849 views & 21 feedback comments garnered by a
dedicated project website.
1,525 residents representing 492 household responses
in a statistically valid, multimodal survey.
3 community workshops featuring online and paper surveys. 277 responses on online and paper surveys featured at
community workshops.
14 interviews with key stakeholders such as Council
Members, Commissioners, school district representatives, and community leaders.

Feedback from the community largely indicated a desire for improved trail signage, connectivity, amenities, maintenance, and expansion.

The Murrieta Trails Master Plan offers an exciting opportunity to enhance the community’s quality of life by creating a more connected, accessible, and enjoyable trail network. These trails will provide safe spaces for walking, biking, enjoying nature, promoting healthy lifestyles and fostering a sense of community. To ensure that this plan becomes a reality, an investment in trail maintenance staffing and/or volunteer programs, trail improvements, and new trail connections will be required.
-Call to Action, 2025 Trails Master Plan
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7 Key
Recommendations
As Murrieta continues
to grow, the demand
for well-maintained,
accessible, and
connected trails will
increase. The MTMP
addresses current needs
while anticipating future
demands, providing
a comprehensive
approach to trail
development and
management.

Informed by the existing
conditions analysis and
community feedback,
the MTMP identifies
several critical areas
of focus, including
the following:

Signage and
Wayfinding
Implementation of
Uniform Signage
Standardize signage
across all trails to
ensure consistency
and improve user
navigation.

Wayfinding
Enhancements
Install clear directional
signs at key points
along the trails to help
users easily find their
way. This includes
trailhead signage,
roadway crossing
signs, trail directional
signage, trail mile
markers, and on-street
trail guide signs.

Trail Connections and
Additions
New Trail Connections
Introduce connections
between existing trails
and/or new trails.

Sidewalk Connections
Utilize sidewalks to
formalize connections
between nearby
existing trails.

New Trail Incorporation
Incorporate trails that
exist but are not formally
part of Murrieta’s trail
network.

Future New Trails
The City’s General Plan
identifies a number of
new trail opportunities in
the Circulation Element
chapter, including the
Murrieta Creek Regional
Trail Project, which will
connect Lake Elsinore,
Murrieta, Wildomar,
and Temecula to form
a single connected
regional trail.

Seek opportunities
to proactively plan
for new trails as part
of new residential
developments.

Trail Classification and
Design Standards
Trail Classification
Adopt a trail
classification system
to easily identify the
various types of trails
present in Murrieta’s
trail network.

Trail User Classification
Adopt a trail user
classification system to
easily identify which
trail user types are
recommended for
each trail. User types
should be continually
monitored and
adjusted as the City
sees fit.

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Mapping and Data
Management
Comprehensive Trail
Mapping
Develop and regularly
update a detailed
map of the trail
network, including
new connections and
amenities. Develop
marketing campaign
to publicize trail maps
and trail information.

GIS Data
Management
Utilize GIS technology
to manage trail data,
ensuring accurate
and accessible
information for
Key Recommendations (Cont.)
Traffic Calming and
Improved Visibility
Enhanced Crossing
Safety
Implement high
visibility marked
crosswalks and
Rectangular Rapid
Flashing Beacons
(RRFB) at key trailroadway intersections.

Speed Reduction
Measures
Lower speed limits
on roads adjacent
to trailheads and
crossings to improve
safety for trail users.

Routine Maintenance
Programs
Establish ongoing
maintenance
schedules to address
issues such as
erosion, trail uplift
from tree roots, and
miscellaneous repairs.

Trail maintenance
can also help users
navigate the trail.

Identify future staff
resources needed
to effectively service
maintenance of trails.

Adopt-A-Trail Program
or Murrieta Fix It App
Encourage
community
involvement in
maintaining trails
through an adopta-trail initiative or
through the Murrieta
Fix It App.

Develop and
utilize volunteer
program assigned to
individual trails for trail
maintenance.

Trail Maintenance
Trailhead Amenities
Include trail signage
including a trail map,
information and rules,
a QR code to an online
trail map, and dog
waste stations.

Staging Area Amenities
Provide additional
amenities at major trail
access points including
adequate parking,
bike racks, restrooms,
drinking water, picnic
tables, benches, and
shade structures.

On-Trail Amenities
Provide trail directional
signage and mileage
markers along the
trail to help with trail
navigation. Other
amenities could include
benches, picnic tables,
dog waste stations,
and/or educational
information signage.

Trail Amenities
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9 Conclusion
The implementation of the MTMP
will result in an interconnected
trail network designed to
enhance the user experience
and provide easy access to the
natural environment. By following
the strategic recommendations
outlined in this plan, the City of
Murrieta will promote outdoor
recreation, support healthy
lifestyles, and ensure that the
trails remain a valuable asset for
current and future generations.

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Introduction
Section One
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The City of Murrieta is formalizing
their commitment to provide a
variety of recreation opportunities
for its residents and visitors by
creating their Murrieta Trails
Master Plan (MTMP). Murrieta
recognizes that its parks, trails,
and natural areas are a critical
part of what shapes the quality
of life for citizens of the City.

The City’s robust existing trail
network provides opportunities for
people of all ages and abilities
to enjoy the natural environment
that Murrieta has to offer.

Trail Benefits
Implementing a comprehensive
trail system in the City of Murrieta
brings numerous benefits,
enhancing the overall quality of
life for residents and visitors alike.

These benefits include:
• Promoting learning and
appreciation of the
natural environment
Introduction to the Master Plan
• Improving physical
and mental health
• Building community identity
and connections
• Boosting the local economy
• Encouraging use of nonmotorized transportation
• Providing access to
recreation and fun!
The multifaceted benefits—
ranging from health and
environmental sustainability
to economic growth and
community building—underscore
the importance of the MTMP.

By investing in this initiative,
Murrieta can ensure a healthier,
greener, and more vibrant future
for its residents and visitors.

City of Murrieta Trails
Master Plan Approach
The MTMP addresses the critical
aspects of the City of Murrieta’s
trail network, focusing on
identifying needs and providing
actionable recommendations for
enhancement. The objective is to
support the City’s commitment
to fostering outdoor recreational
opportunities, promoting healthy
lifestyles, and ensuring accessible
and well-maintained trails for
all residents and visitors.

To meet these objectives, the
Master Plan emphasizes the
following key elements:

Build on existing plans and studies
The MTMP will build on the City’s
existing planning documents
and studies which define the
goals and plans for future
growth of the trail network.

Clarify classifications
and design features
Provide more detailed
classifications of trails for
different settings and users
and define applicable design
features to create a successful
and cohesive trail network.

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13 Provide a robust public
participation process
The MTMP will incorporate
the feedback gathered from
community members to ensure
the trail network reflects the needs
and wants of the community.

Prepare a realistic
Implementation Plan
The implementation section of
the MTMP will include strategies
and resources for getting
trail enhancements funded
and built, and for operating
and maintaining the trail
network over the long term.

Review of Existing
Plans and Studies
Several important planning
documents and studies that
have provided guidance for
trail development in the City
are summarized below to
provide context on the history
of Murrieta’s trail network.
• Capital Improvement
Program Budget
• Park Amenity Listing
• City Parks and Trails Map
• Trails Guide (2006)
• Murrieta Creek Regional
Trail (MCRT) Plan
• Murrieta’s Interim Trail (MCRT)
• City’s General Plan – Section
5: Circulation Element
• City’s General Plan –
Section 9: Recreation &
Open Space Element
• Economic Development
Strategic Plan/Demographics
• Economic Development
Explore-Murrieta-Facts
• City “Funtier” Brochure
Capital Improvement
Program Budget
At the time of this report, the
Fiscal Years 2024/2025 through
2028/2029 was the most recently
available Capital Improvement
Plan published by the City. There
is over $12.7 million in projected
funding for parks, recreation
facility, and trails projects. There
is also approximately $52.8
million, $12.8 million in planned
CIP projects, in identified parks,
recreation facility, and trails
projects that remain unfunded.

Park Amenity Listing
The City Parks Amenity Listing is
a reference document of each
of the public parks in the City of
Murrieta, detailing the address/
location, acres, and presence of
any amenities. The City of Murrieta
encompasses approximately
4,000 acres of trails, open space,
streetscape, and parkland,
including 53 parks and a number
of natural areas. Parks range in
size from the 0.4-acre Rosewood
Neighborhood Park to the 45-
acre Los Alamos Hills Sports Park.

There are a variety of amenities
at each location, including:
• Amphitheaters
• Barbecues
• Ball Fields
• Basketball Courts
• Bike Paths
• Walking Trails
• Catch & Release Ponds
• Community Centers
• Concession Stands
• Dog Parks
• Football Fields
• Frisbee Golf
• Horseshoe Pits
• Mature Trees
• Open Grass Areas
• Parking Lots
• Par Exercise Courses
• Picnic Tables
• Park Benches
• Restroom / Port-O-Lets
• Shelters
• Soccer Fields
• Swimming Pool
• Tennis Courts
• Tot Lot / Playground
Equipment
• Volleyball Court
City Parks and Trails Map
The Parks Brochure is a map of
all trails and parks within the
City of Murrieta. The current
map/brochure posted on the
City website includes sixteen
(16) trails, and provides the
trail distance and ground type
(native soil, decomposed
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14 MURRIETA TRAILS MASTER PLAN
The Murrieta Creek
Regional Trail will
create a multi-use
trail alongside
Murrieta Creek that
connects Temecula
to Lake Elsinore,
and the cities
between.
granite, asphalt, concrete).

Trails Guide
The Murrieta Trails Guide,
published in 2006, provides a map
of all the trail locations in the City,
as well as a detailed description of
each trail. The descriptions provide
pertinent details related to the trail
head location, level of difficulty,
trail type, trail use, and length.

Murrieta Creek Regional
Trail (MCRT) Plan
The Murrieta Creek Regional Trail
(MCRT) Plan was prepared in
2014 and provides conceptual
alignment analysis and
recommendations for the MCRT.

The intent of the MCRT project
is to develop a “city-to-city”
trail that creates a multi-use
trail alongside Murrieta Creek
that connects Temecula in the
south to Lake Elsinore in the
north, and the cities between.

The MCRT Plan provides 20
recommendations for the City
of Murrieta, related to trail
alignment & design, trailhead
and access point development,
and bridges and road crossings.

Additionally, there is a general
recommendation for the
cities of Temecula, Murrieta,
Wildomar, and Lake Elsinore to
continuously work collaboratively
and continue to identify and
explore opportunities to connect
the MCRT to other existing and
future-planned trail networks.

Murrieta’s Interim
Trail (MCRT)
Following the preparation of
the MCRT Plan, interim maps
were prepared of the Murrieta
Creek Trail. When the maps were
originally prepared in 2015, there
were approximately 3 miles of
trail routes on-street and off-street
mapped in the City of Murrieta.

The trail connects the Murrieta
Equestrian Park and the Copper
Canyon Park. There are seven (7)
street crossings along the route.

City’s General
Plan - Section 5:

Circulation Element
The Circulation Element of
the Murrieta General Plan
2035 represents the City’s
overall transportation plan to
accommodate the movement
of people and goods within and
through the City. It establishes
goals and policies to achieve a
balanced transportation system
that adequately serves the growth
and development anticipated
in the Land Use Element. The
transportation plan consists not
only of the physical transportation
system itself, such as streets,
highways, bicycle routes, trails,
and sidewalks, but also the
various modes of transportation,
such as cars, rail, buses, trucks,
bicycles, and walking. The bicycle,
pedestrian, and trails system is a
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15 key priority of the General Plan.

Several policies relate to the
planning of the regional trails
system, specifically CIR-8.1
to CIR-8.15. These include:
• CIR-8.12 - Pursue funding
or grant opportunities
to plan, construct, and
maintain pedestrian bicycle,
and multi-use trails.
• CIR-8.13 - Maintain a map or
maps of current bikeways and
multi-use trails, and make the
map(s) available to the public.

City’s General Plan -
Section 9: Recreation &
Open Space Element
The Recreation & Open Space
Element of the Murrieta General
Plan 2035 represents the City’s
overall intention to prioritize the
following community concerns:
• Protect the natural
beauty of the mountains,
hills, and waterways.
• Provide abundant
parks and facilities for
recreational activities
and cultural amenities.
• Provide ample activities
for all ages of youth,
and jobs for teens.

Recreation planning is guided
by the City of Murrieta Parks and
Recreation Master Plan (Parks
Master Plan). The Parks Master
Plan provides information about
Murrieta’s parks and recreation
facilities. It also includes a needs
assessment and gap analysis,
recommendations for meeting
current and future needs, and a
financial implementation plan.

The City has adopted a standard
of 5 acres of parkland per 1,000
residents. As of June 2009, the
City had a deficit of 34 acres
according to this standard;
and if no new parkland is
added, there will be a deficit
of approximately 200 acres at
buildout (assuming a population
of 133,261). Additional acreage
is required to accommodate
recreation facilities such as sports
fields and courts that meet the
population’s demands. The
Parks Master Plan estimated that
240.3 acres of parkland would
be needed for a population
of 120,000 to meet identified
needs for recreational facilities,
in addition to what is needed to
meet the parkland standard.

Economic Development
Strategic Plan/
Demographics
The City of Murrieta Economic
Development Strategic Plan was
published in October of 2018.

At the time it was published, the
City of Murrieta had a population
of 113,541, which made it the
largest city in southwest Riverside
County. Income is higher than
the county average, with
average household income for
the City coming in at $99,600
with projected income growth
forecasted at 2.4% over the next
five years. The City’s average
household size was 3.2 and a
median age of 34. Residents in
the City of Murrieta are highly
educated when compared to
the surrounding region with 29%
having a bachelor’s degree
or higher and 92.2 % having at
least a high school diploma.

Economic Development
Explore-Murrieta-Facts
The City of Murrieta Economic
Development Department is
committed to continue to have a
qualified workforce that attracts,
retains, and expands industries,
and enhances the quality of life
for residents in the City of Murrieta.

A Murrieta Facts Sheet is posted
on the City website, providing
several facts and figures related
to the vibrancy of Murrieta.

The City of Murrieta lies 90 miles
north of the U.S. – Mexico Port
of Entry of Tijuana, Mexico, and
is 90 Miles east from the busiest
U.S Seaport, the Port of Los
Angeles. Within 75 miles are five
(5) international airports (Ontario,
San Diego, Orange County,
Palm Springs and Los Angeles),
offering a strong economy built
on diversification, small business
vitality and quality of life. The
Murrieta Innovation Center is
currently home to seven medical
technology startups including the
region’s first genomics laboratory
aptly named Murrieta Genomics.

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City “Funtier” Brochure
The City of Murrieta publishes a Family “Funtier”
Brochure, which looks to provide the details as to
why Murrieta is the “home of family entertainment.”
For example, the brochure explains:

Document Organization
This introduction gives an overview
of the MTMP, the benefits of
trails, and a review of existing
plans and studies related to
the City’s trail network.

Section 2: Community
Voice
covers the MTMP public
participation process and results.

Section 3: Needs
Assessment
details the robust existing
conditions assessment including:

Trail Classifications
Discussion of the observed
categories of existing trails.

Existing Trail Descriptions
Detailed descriptions of each
trail within the City, noting key
features and amenities.
“With over 1,350 acres of trails, open
space and natural areas, the City of
Murrieta is an unparalleled park paradise.

Murrieta’s 52* public parks offer the
ideal place for family activities, sports
and experiences. From the quaint to
the sprawling, Murrieta’s scenic and
well-maintained parks are primed for
everything from family picnics and
leisurely strolls to competitive youth
sporting events and tournaments.”
*As of September 2024, the City has 53 parks.

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Opportunities
Insights from field inspections
highlighting areas requiring
maintenance, repair, or upgrades
to ensure safety and usability.

Trail Usage Analysis
An analysis of current trail
usage patterns, identifying
popular trails, peak usage
times, and user demographics
to inform future planning.

Section 4:

Recommendations
provides a detailed discussion
of the recommendations
developed by the consultant
team. It includes:

Proposed Trail Connections
and Additions
Strategic suggestions for new
trails and trail connections to
enhance the network, improve
accessibility, and create a
more cohesive trail network.

General Trail Recommendations
An assortment of
recommendations aimed at
improving overall trail quality
and user experience.

Implementation: Identification
of relative planning level costs
and time to implement the
identified recommendations.

Funding
An exploration of potential
funding sources, including
grants, partnerships, and
community initiatives, to
support the implementation
of the recommendations.

Appendix A
provides summaries of the
community outreach.

Appendix B
provides a map of the City
of Murrieta trail network.

Appendix C
provides individual trail cut-sheets
featuring a map of each trail
accompanied by trail amenities
and essential information.

Appendix D
provides trail usage charts
discerned from the trail usage
data collection processes.

Appendix E
provides a map of the
planned and recommended
future trail connections.

Appendix F
provides a map of the
planned Murrieta Creek
Regional Trail Project.

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Community
Voice
Section Two
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Community Voice
The community outreach campaign developed for the Trails Master Plan utilized multiple methods of information sharing and data collection including an online and paper feedback survey, one-onone stakeholder interviews, a statistically valid multimodal survey, and three (3) community workshop online and paper surveys.

Throughout the process, project updates and summary results were posted to the project website. This website enabled community members to review updates and provide immediate feedback at any point in time. This resource enabled anyone in the community to have a voice in the process, regardless of when and where meetings were held.

The purpose of gathering community input through a variety of methods is to ensure that the MTMP is as inclusive as possible and that it reflects the views, preferences, and trail usage patterns of Murrieta residents.

Community Outreach Summaries are provided in Appendix A.

Following the February 15 meeting, a
commencement video of the workshop #1
presentation was made available online on
the project website for those who could not
attend in person. The workshop #1 survey
was available online and paper copies
were available at the city’s recreation
facilities. The survey was open for two
weeks until February 29, 2024.

The workshop #1 survey was advertised on
the City’s social media, City website, and
Workshop 1
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A project website was developed to keep the community
informed around the clock, launching to the public on February 6, 2024. Throughout the project’s duration, regular updates and surveys were published on the website. The site garnered a total of 2,849 views, averaging 20 views per day. A total of 21 feedback comments were received during this period.

The following is a summary of the most frequently recorded responses:

Improve trail connectivity
Improving connectivity will
make it easier for people
to access and navigate
the trail system. Creating a
comprehensive trail system
that connects all existing trails
will improve accessibility and
allow residents to fully enjoy
the natural beauty of the area.

Connect trails between parks,
neighborhoods, and schools:

This is important because it
will provide a safe route for
children to ride their bikes
between their neighborhood
and their school, reducing
traffic congestion and
improving safety.

Enhance safety of trails
Providing safe, off-road
trails for hiking, running, and
biking will promote outdoor
physical activity and improve
the overall well-being of the
community. This includes
separate bike lanes and trails
that are separate from roads
to ensure the safety of cyclists.

Repairing cracked asphalt
and better trail maintenance
was also mentioned.

Incorporate signage and
educational aspects
Adding identification markers
for native plants, animals,
and topography, as well as
providing information about
landmarks and historical
places, will enhance the
educational value of the trails
and provide a more enriching
experience for visitors.

Build new trails
Murrieta Creek Trail and
Vineyard Trail were both
mentioned as well as general
requests for more trails for
walking and running.

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Stakeholder Interviews
The following summarizes the results of the fourteen (14) stakeholder interviews conducted as a part of the public outreach effort to assist in the preparation of the MTMP. Stakeholder interviews were conducted between January 22 and March 8, 2024. Community stakeholders included City Council Members, Commissioners, school district representatives, and community leaders. Stakeholders were emailed a questionnaire related to the MTMP. They were asked to fill out the questionnaire, then later schedule a video conference interview to discuss their responses in more detail. The following is a summary of their responses to each of the questions.

What are the most
important issues in
Murrieta related to the
trails currently provided?
• Signage
• Update trails map
• Connected trails
• Trail maintenance
What are the most
important trail features
or trail amenities for
residents in the future?
• Signage
• Connectivity
• Maintenance
• Dog waste stations
• Separate walking
and biking paths
• Trail safety
How can the Community
Services Department
improve in providing trails
to community residents?
• Advertising and
marketing of trails
• Connecting trails
What is one trail feature
or trail amenity you would
most like to see added
or improved in Murrieta
to meet the needs of
the community?
• Signage
• Connected trails
• Trail information on
difficulty and amenities
What is one program,
class, or activity you would
most like to see added or
improved in the Murrieta
trail system to meet the
needs of the community?
• Hiking class or program
• Market and promote
location of trails
• Nature trail walks
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23 Highlights from the multimodal survey include:

When residents are looking for information about City trails, parks, recreation facilities, programs and services, 44% get information from the City’s website, 27% from online or Google searches, 12% from social media, and 9% from friends and family.
60% are satisfied with the network of trails in Murrieta.

What is one trail feature or trail amenity you would most like to see added or improved in Murrieta to meet the needs of the community? (in alphabetical order)
• Improve maps, signage, markers
• Improve safety
• Improve trail network and connectivity
• Provide dog waste stations and more trash cans
• Provide more bike trails
• Provide more hiking and walking trails
• Provide more trail information
Multimodal
Community Survey
The statistically valid, multimodal
survey consisting of 492
households was administered
between March 11 and March 18,
2024. Interviews were conducted
in English and Spanish languages.
52%
Throughout the
community outreach
process, 52% of residents
mentioned hiking and
walking as their main
activity or reason for
using a trail.

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Community Workshops
Community Workshop #1
Workshop #1 commenced on
February 15, 2024, from 6:00 PM
to 8:00 PM at the Alderwood
Park Clubhouse. Following the
February 15 in-person meeting,
a commencement video of the
workshop #1 presentation was
made available online on the
project website for those who
could not attend in person. The
workshop #1 survey was available
online and paper copies were
available at the City’s recreation
facilities. The survey was open
for two weeks until February 29,
2024. After the February 29 survey
close date, all surveys from the
in-person meeting (individual and
group sheets), online surveys, and
paper surveys were combined
and summarized. A total of onehundred and four (104) surveys were completed. The following
responses to the survey questions
are listed in order of frequency.

Are you currently using the City’s trails? If so,
how are you using the Murrieta trails?
• Walking and hiking
• Biking
• Running
• Dog walking
• Other (equestrian or do not use trails)
How satisfied are you with the maintenance
and overall condition of the trails?
• Satisfied with some suggestions for improvement
• Dissatisfied with maintenance quality
• Neutral/no opinion
• Satisfied with the need for more trails
• Satisfied with specific trail mentioned
Are there any barriers or challenges that
prevent you from using trails more often?
• Trail condition and maintenance
• Accessibility and knowledge of trails
• Connectivity and length of trails
• Desired features and amenities
• Safety and Security
How can the Community Services Department
improve in providing trails to community residents?
• Trail access, expansion, design, and amenities
• Urban planning, development,
conservation, and trail preservation
• Community engagement, promotion,
awareness, outreach, and advertising
• Information and accessibility
DRAFT
• Trail maintenance and environmental protection
618
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25 Select Results of Workshop 1 Survey Charted
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Community Workshops
Community Workshop #2
Workshop #2 commenced on
March 28, 2024 from 6:00 PM to
8:00 PM at the Alderwood Park
Clubhouse. Following the March
28 meeting, a commencement
video of the workshop #2
presentation was made available
online on the project website for
those who could not attend in
person. The workshop #2 survey
was available online and paper
copies were available at the
City’s recreation facilities. The
survey was open for over two
weeks until April 14, 2024. After
the April 14 survey close date,
all surveys from the in-person
meeting, online surveys, and
paper surveys were combined. A
total of seventy-seven (77) surveys
were completed. The following
responses to the survey questions
are listed in order of frequency.

What is the name of the trail most often used or visited? • California Oaks Trail
• Cole Canyon Trail
• Las Brisas Trail
What do you like about this trail?
• Aesthetic appreciation
• Accessibility
• Recreational value
• Safety and cleanliness
• Wildlife and nature
What facilities or amenities do you find most
valuable on the City’s existing trails?
• Accessibility
• Basic amenities
• Safety features
• Environmental features
• Trail maintenance
Are there facilities or amenities you believe are missing, lacking, or could be improved on the city’s trails system? • Environmental conservation and maintenance
• Trail amenities
• Trail connectivity
• Trail information and signage
• Safety and accessibility
DRAFT
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27 Select Results of Workshop 2 Survey Charted
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Community Workshops
Community Workshop #3
Workshop #3 commenced on April 24, 2024, from 6:00 PM to 8:00 PM at the Murrieta Senior Center. Following the April 24 in-person meeting, a commencement video of the workshop #3 presentation was made available online on the project website for those who could not attend in person. The workshop #3 survey was available online and paper copies were available at the City’s recreation facilities. The survey was open for three weeks until May 15, 2024. After the May 15 survey close date, all surveys from the in-person meeting, online surveys, and paper surveys were combined and summarized. A total of ninety-six (96) surveys were completed. The survey asked participants to rank the trail needs identified through the community outreach effort, with 1 being the most important and 9 being the least important. Participants were also given the chance to write in an answer if it was not listed.

The results were:

Add More Hiking and Walking Trails
(including Murrieta Creek Trail, Greer 1 Ranch trails, and Vineyard Trail) Connect the Existing Trails (including
improve trail network and 2 connectivity)
Environmental Protection (including
preserve natural settings, protect
wildlife, preserve creeks, protect and
preserve open land, trees & ponds)
3 Bike-Friendly Trails (including more
bike trails, improve bike trails, provide
mountain bike trails, improve bikeway
network, trails for eBikes)
4 Provide Trail Amenities (including dog
waste stations, drinking fountains,
benches, trash cans, parking,
restrooms, features for children)
6 Safety and Access (including
improved safety, trail safety, trail
accessibility, trail safety features, ADA trail
access, no motorized vehicles)
7 Signage (including kiosk, trail markers,
difficulty level, type of trail, trail rules, 8 plants, animals) Promote/Advertise Trails (including
provide more trail information, community 9 outreach, trail awareness, city trails map) Trail Maintenance (including trail
conditions and maintenance, clean
trails, long-term trail maintenance,
flatter trails, multi-use decomposed
granite surface, native plantings, trail
repairs)
5 DRAFT
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29 Overall Priority Ranking with Average
Participant Response Charted
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Needs
Assessment
Section Three
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This analysis was conducted
to document each of the City
trail’s general characteristics
including surface material,
surface condition, general
width, description and location
of access points/trailheads,
parking availability and parking
conditions at trail access points,
and identification of where trails
cross a roadway accompanied
by crossing design characteristics.

Data was collected first through
an aerial mapping review using
Google Earth and Google
Streetview. This review provided a
foundation for understanding City
of Murrieta’s trail characteristics
which was then validated through
field work. A map of the City of
Murrieta trail network is provided in
Appendix B.

Existing Conditions
Trail Classification
The City of Murrieta offers a
diverse array of recreational
opportunities, including fitness
routes, trails, bike lanes, and parks.

For the purposes of this document,
“trail” refers to a broad range
of facilities dedicated to nonmotorized travel. Presently, City of Murrieta features nineteen (19)
trails that accommodate users
of all modes and abilities. Using
the best practices implemented
by other cities, the consultant
team has been developing a
published classification system
for the City’s trails, as one is not
currently in place. This system
categorizes trails into five distinct
types, further divided into
unpaved Open Space Trails
and paved Mobility Trails.

While some trails may occasionally
have a mix of two trail types, this
classification system utilizes the
most prominent trail type found on
each trail.

Trail types found in the City’s trails
include:
• Type 1 - Nature Trail
• Type 2 - Recreational Trail
• Type 3 - Wide Dirt Trail or Utility
Roadbed
• Type 4 - Greenbelt Concrete
Path
• Type 5 - Paved Multi-use Trail:

Asphalt or Concrete
The following is a detailed
description of each trail type
found in City of Murrieta.

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33 Open Space Trails
(Unpaved)
Type 1
Nature Trail
2-12 feet wide
Typically located in “backcountry” natural open spaces, these trails are at least 2 feet wide
and surfaced with locally sourced
natural materials, usually a mix of
soil and finely to coarsely broken
rock. These trails often feature
steep inclines, making them ideal
for hiking, mountain biking, and
equestrian use. Examples of this
trail type within the trail network
include Cole Canyon Trail, Toulon
Trail, Warm Springs Trail, Falcon’s
View Trail, and the Rancho Los
Alamos Trail System.

Toulon Trail Warm Springs Trail
Falcon’s View Trail
All images sourced from Fehr & Peers
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Open Space Trails
(Unpaved)
Type 2
Recreational Trail
8-14 feet wide
Similar to Type 1 trails, Type 2 trails
offer a wider and typically less
strenuous path. These trails have a
minimum width of 8 feet and are
surfaced with either local, naturally
occurring materials, or decomposed
granite. Designed to accommodate
a broader range of users, including
children and e-bikers, Type 2 trails are
the most common trail type in the
City of Murrieta. Examples of this trail
type within the trail network include
California Oaks Trail, Lincoln Ranch
Trail, Los Alamos Hills Trail, Murrieta
Oaks Trail, and Sycamore Ranch Trail.

Los Alamos Trail Sycamore Ranch Trail
Lincoln Ranch Trail
All images sourced from Fehr & Peers
DRAFT
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All images sourced from Fehr & Peers 35
Open Space Trails
(Unpaved)
Type 3
Wide Dirt Trail or Utility Roadbed
20-30 feet wide
Type 3 trails are primarily designed
to provide maintenance workers
access to utility infrastructure,
but they can also be enjoyed
by trail users. These trails typically
feature a decomposed granite
surface and are at least 25 feet
wide; however, the loose gravel
surface makes them less suitable
for strollers or bikes with medium to
thin tires. The only Type 3 trail in the
City of Murrieta is Mapleton Trail
East.

DRAFT
Mapleton Trail East
629
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Mobility Trails (Paved)
Type 4
Greenbelt Concrete Path
5-8 feet wide
Typically, these trails are located
in neighborhood greenways
and offer gentle slopes that
are suitable for trail users of all
ages and abilities. These trails
look similar to sidewalks but
meander through greenspaces
and are excellent for families
or those requiring mobility
devices. Mapleton Trail West
and Pond Park Trail are the
only Type 4 trails currently
offered in the City of Murrieta Mapleton Trail West Pond Park Trail Mapleton Trail West
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All images sourced from Fehr & Peers 37
Mobility Trails (Paved)
Type 5
Paved Multi-use Trail:

Asphalt or Concrete
8-14 feet wide
This multi-use trail type is at least
8 feet wide, providing enough
space for trail users to pass others
safely. This type of facility can be
utilized by many types of bikes as
well as walkers/joggers, families
with children of all ages, and
people requiring mobility devices.

Generally considered easy, these
trails offer gentle slopes through
parks and green spaces. Las
Brisas Trail, Rail Ranch Trail and
Rancho Acacias Trail are the
only three Type 5 trails currently
offered in the City of Murrieta.

Rancho Acacias Trail Las Brisas Trail
Rancho Acacias Trail
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Existing Trails Descriptions
As stated previously, the City
of Murrieta currently provides
nineteen (19) different trails.

Below is a description of each
trail including the location, trail
user types, trail material, trail
width, length, the trail type, and
the difficulty rating. Appendix
C provides individual trail cutsheets featuring a map of each trail accompanied by essential
trail amenities and information.

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California Oaks Trail
Uses
Walking/Jogging, Biking

Trail Material
Native Soil
Trail Width
5-10 feet
Length
1 mile
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
California Oaks Trail is located in central Murrieta
just north of Interstate 15. This trail comprises
two legs with access points on Jackson Avenue
and Monroe Avenue. The trail is family-friendly
and serves a variety of users. The two legs
of this trail are connected by sidewalk on
Jackson Ave to create a 1.0 mile loop trail.

Trail has limited amenities available to users.

TRAIL 1
All images sourced from Fehr & Peers
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41 Cole Canyon Trail
Uses
Walking/Jogging, Biking, Horseback Riding
Trail Material
Decomposed Granite/ Native Soil
Trail Width
4-12 feet
Length

3.3 miles
Trail Type
Type 1
Difficulty
Easy Moderate Strenuous
Cole Canyon Trail is located in west Murrieta
between Clinton Keith Road, Calle Del
Oso Oro, and Washington Avenue, this trail
features multiple paths branching off the main
trail linking to various neighborhoods. The trail
contains segments with obstacles and uneven
terrain along with segments that are flat and
open. Street parking is provided on Oak Bluff
Lane, Single Oak Way, Vineyard Parkway, and
Madeira Lane. A parking lot is provided off
Hayes Avenue just south of Semillon Lane*. The
trail provides access to the Santa Rosa Plateau
which is not part of the City of Murrieta trail
network.
*At Sykes Ranch Park
TRAIL 2
All images sourced from Fehr & Peers
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Copper Canyon Trail
Uses
Walking/Jogging
Trail Material
Decomposed Granite/ Native Soil
Trail Width
8-14 feet
Length

1.56 miles
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Copper Canyon Trail is located in west Murrieta
near Cole Canyon Elementary School. The trail
has multiple access points with a mixture of
on-street and off-street parking. Dedicated offstreet parking lots are located at Lower Copper Canyon Park. A portion of the trail is identified
as a fitness route and the entirety of the trail is
family-friendly and serves a variety of users. Use
of this trail does require a roadway crossing at
the mid-block of Via Moreno. Restrooms and
other amenities are provided at the Lower
Copper Canyon Park trailhead.

TRAIL 3
All images sourced from Fehr & Peers
DRAFT
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All images sourced from Fehr & Peers 43
Creekside Village Trail
Uses
Walking/Jogging, Biking, Family-Friendly
Trail Material
Native Soil
Trail Width
8-12 feet
Length
.85 mile
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
The Creekside Village Trail is located in the
southeast part of Murrieta, south of Pond
Park Trail. This trail consists of two trailheads;
one is located on Murrieta Hot Springs Road
and another is in the Creekside Village
Neighborhood by the Creekside Village Green
Park. There are a few designated parking
spaces for Creekside Village Green Park and
on-street parking within 500 feet. The entire trail
is family-friendly, but no amenities are provided
for trail users.

TRAIL 4
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Falcon’s View Trail
Uses
Walking/Jogging, Biking
Trail Material
Native Soil
Trail Width
4-8 feet
Length

0.51 miles
Trail Type
Type 1
Difficulty
Easy Moderate Strenuous
Falcon’s View Trail is located in the northwest portion of Murrieta.

The trail contains segments with obstacles and uneven terrain.

The trail is surrounded by residential neighborhoods with Tovashal Elementary School directly to the north. On-street parking is only provided along the 5 Tribes Trail roadway which provides access to the middle trailhead. Parking for the other two trailheads is more than 500 feet away. As a strenuous trail, users of this trail may be limited. No amenities are provided to trail users.

TRAIL 5
DRAFT
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45 Las Brisas Trail
Uses
Walking/Jogging, Biking
Trail Material
Asphalt
Trail Width
8-14 feet
Length

1.14 miles
Trail Type
Type 5
Difficulty
Easy Moderate Strenuous
Las Brisas Trail is located in the center of
Murrieta and provides a family-friendly
experience to a variety of trail users. On-street
parking is provided within 500 feet of a few
of the trailheads. The trail does feature some
exercise equipment and other amenities at
various points along the route. The entirety
of the trail is identified as a fitness route and
serves a variety of users. This trail’s proximity
to residential areas and asphalt pathway
makes it a popular trail for users every day.

Additionally, this trail has offshoots which
could provide future trail connections.

TRAIL 6
All images sourced from Fehr & Peers
DRAFT
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Lincoln Ranch Trail
Uses
Walking/Jogging, Biking

Trail Material
Decomposed Granite
Trail Width
8-14 feet
Length

0.59 mile
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Lincoln Ranch Trail is located west of Ranch House Street adjacent to Interstate 215. This trail is accessible from many different locations within the nearby housing tract and provides onstreet parking at all trailhead locations. While the trail material and design imply this is an easy trail, the elevation changes along the route do increase the difficulty. This trail is family-friendly and accessible for a variety of users. No amenities are provided on this trail.

TRAIL 7
DRAFT
640
1 4
2 3
47 Los Alamos Hills Trail
Uses
Walking/Jogging, Biking

Trail Material
Decomposed Granite
Trail Width
8-14 feet
Length

1.57 mile
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Los Alamos Hills Trail is a path-like trail that surrounds the Los Alamos Hills Sports Park. The trail’s location at the sports park provides many amenities such as restrooms, water fountain, benches, and picnic tables. Additionally, the trail’s width and topography make it a family-friendly trail accessible to a variety of users. The entirety of the trail is identified as a fitness route. The parking along the trail perimeter does result in some overhang, which may cause some width reductions, and the multiple entrances to the park do create some trail and roadway crossing conflicts.

TRAIL 8
All images sourced from Fehr & Peers
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Mapleton Trail East
Uses
Walking/Jogging, Biking
Trail Material
Decomposed Granite
Trail Width
20-30 feet
Length

0.33 miles
Trail Type
Type 3
Difficulty
Easy Moderate Strenuous
Mapleton Trail East is one of three trails in the
Mapleton Trail system. This trail is located near
Mapleton Trail West. The trail exists within a utility
corridor and provides a wide, consistent surface
and is family-friendly to a variety of users. The
entirety of the trail is identified as a fitness route.

Use of this trail does require a roadway crossing at
the mid-block of Poinsettia Street. No amenities are
provided on this trail.

TRAIL 9
All images sourced from Fehr & Peers
DRAFT
642
1 4
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All images sourced from Fehr & Peers 49
Mapleton Trail North
Uses
Walking/Jogging, Family-Friendly
Trail Material
Decomposed Granite/ Native Soil
Trail Width
10-12 feet
Length

0.71 miles
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Mapleton Trail North is one of three trails in
the Mapleton Trail system is located in the
northern part of Murrieta along the City
boundary. This trail consists of multiple entry
points within the Mapleton neighborhood
and on Whitewood Road. On-street parking
is provided within 500 feet of the trailheads
in the Mapleton neighborhood. No other
amenities are provided on this trail.

TRAIL 10
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Mapleton Trail West
Uses
Walking/Jogging, Biking,
Family-Friendly

Trail Material
Concrete/Decomposed Granite
Trail Width
5-8 feet
Length

0.75 mile
Trail Type
Type 4
Difficulty
Easy Moderate Strenuous
Mapleton Trail West is one of three trails in the Mapleton Trail system. This trail is located in the north portion of Murrieta adjacent to Mapleton Park and Oak Meadows Elementary School. The trail has various material types but is a family-friendly trail accessible by multiple users. The entirety of the trail is identified as a fitness route. Off-street parking is provided at Mapleton Park and on-street parking is provided within 500 feet of the other trailheads.

A restroom and other amenities are provided at the Mapleton Park parking lot.

TRAIL 11
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644
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All images sourced from Fehr & Peers 51
Murrieta Oaks Trail
Uses
Walking/Jogging
Trail Material
Native Soil
Trail Width
8-14 feet
Length

0.19 miles
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Murrieta Oaks Trail is a short, family-friendly trail
located in central Murrieta. This trail’s wide
pathway makes it suitable for a variety of users.

While the trail is short, access to the trail is simple with on-street parking within 500 feet of the
trailheads. No amenities are provided on this trail.

TRAIL 12
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Pond Park Trail
Uses
Walking/Jogging, Biking

Trail Material
Concrete
Trail Width
5-8 feet
Length

0.3 mile
Trail Type
Type 4
Difficulty
Easy Moderate Strenuous
Pond Park Trail is a simple out-and-back, sidewalk-style, concrete trail located in Pond Park in southeastern Murrieta. The trail is adjacent to the pond in Pond Park and provides a variety of benches, picnic tables, and w cans along the route. This is a family-friendly trail suitable for a variety of users. Publicly available parking near the trailhead is nonexistent, but signage at the trailhead does direct users to park at Firefighters Park.

TRAIL 13
DRAFT
646
1 4
2 3
All images sourced from Fehr & Peers 53
Rail Ranch Trail
Uses
Walking/Jogging
Trail Material
Asphalt
Trail Width
8-14 feet
Length

0.24 miles
Trail Type
Type 5
Difficulty
Easy Moderate Strenuous
Rail Ranch Trail is located in central Murrieta
adjacent to Rail Ranch Elementary School. The trail
is family-friendly and suitable for a variety of users.

On-street parking is available within 500 feet of both
trailheads. No amenities are provided on this trail.

TRAIL 14
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Rancho Acacias Trail
Uses
Walking/Jogging, Biking
Trail Material
Asphalt
Trail Width
8-14 feet
Length

0.66 mile
Trail Type
Type 5
Difficulty
Easy Moderate Strenuous
Rancho Acacias Trail is located in central Murrieta with a portion of it located in Rancho Acacias Park. The trail is an asphalt-based trail that has trailheads on Whitewood Road and Avenida Palizada. On-street parking is only located near the Avenida Palizada trailheads. The trail is family-friendly and accessible to a variety of users. Use of this trail does require a roadway crossing at the mid-block of Avenida Palizada. While seating is provided in Rancho Acacias Park, no other amenities are provided on the trail.

TRAIL 15
DRAFT
648
1 4
2 3
All images sourced from Fehr & Peers 55
Rancho Los Alamos Trail System
Uses
Walking/Jogging, Biking
Trail Material
Native Soil
Trail Width
4-12 feet
Length

8.12 mile
Trail Type
Type 1
Difficulty
Easy Moderate Strenuous
Located in the eastern portion of Murrieta with
a trailhead in Northstar Park, this trail system
provides users with a variety of trails. The system
can provide users with varying distances and
difficulties. At the time of the data collection,
the trailhead at Northstar Park was closed for
construction of a new residential development;
however, the trailhead at La Alba Drive was
accessible. Users for this trail system are limited
and amenities are not provided.

TRAIL 16
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Sycamore Ranch Trail
Uses
Walking/Jogging, Biking
Trail Material
Decomposed Granite
Trail Width
8-14 feet
Length

0.72 miles
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Located in western Murrieta, Sycamore Ranch
Trail generally runs parallel to Sycamore Creek
Avenue. The trail is located adjacent to a
residential area and has multiple trailhead
locations along the route. The wide pathway
makes the trail suitable for a variety of
users. On-street parking is available for most
trailhead locations with the exception of Calle
Del Oso Oro. No amenities are provided on
this trail.

TRAIL 17
DRAFT
650
1 4
2 3
All images sourced from Fehr & Peers 57
Toulon Trail
Uses
Walking/Jogging, Biking
Trail Material
Native Soil
Trail Width
4-12 feet
Length

0.76 mile
Trail Type
Type 2
Difficulty
Easy Moderate Strenuous
Toulon Trail is located in a hilly, undeveloped
area in central Murrieta. The trail is an out-andback style with a trailhead on Toulon Drive.

Similar to Falcon’s View Trail, Toulon Trail is more
technical and narrower than other trails in the
area. As such, users of this trail may be limited.

On-street parking is provided near the Toulon
Drive trailhead. No amenities are provided on
this trail.

TRAIL 18
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3 MURRIETA TRAILS MASTER PLAN All images sourced from Fehr & Peers Warm Springs Trail
Uses
Walking/Jogging
Trail Material
Concrete/ Native Soil
Trail Width
2-5 feet
Length

0.24 miles
Trail Type
Type 1
Difficulty
Easy Moderate Strenuous
Warm Springs Trail is located in the central
portion of the Murrieta with the trailhead
originating in Warm Springs Park. This trail has
narrow pathways which make it one of the
more challenging trails in the trail network.

Users of this trail are limited to those walking or
jogging. Off-street parking is provided at Warm
Springs Park and additional amenities such as
benches and trash cans are also provided.

TRAIL 19
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59 Field Review &
Maintenance
Opportunities
The City of Murrieta supplied
a list of trail segments for the
consultant team to walk and
collect field data. Data included
geolocation tracking to validate
the shape and alignment of
the trails as well as geolocated
pinpoints which provided location
specific observations including
trail width, surface conditions and
material, access point/trailhead
accuracy, and photographs. The
fieldwork covered 10 miles of trails,
representing approximately 42%
of Murrieta’s total trail mileage.

Based on our field observations, we
identified several key maintenance
opportunities that the City could
pursue to enhance the user
experience for trail-goers. Below
is a summary of our findings,
accompanied by photographs
taken during our fieldwork.

Erosion
Trail erosion, to varying degrees,
was observed on several trails,
including Copper Canyon, Falcon’s
View, Lincoln Ranch, Sycamore
Ranch, and Mapleton Trail West.

This erosion can likely be attributed
to the unusually high rainfall the
region experienced this past winter.

The most significant erosion issue
was found on Falcon’s View Trail,
where half the width of the trail
has collapsed, posing a potential
safety risk for users. Implementing
improved drainage systems
could help make these trails more
resilient to future rain events.

All images sourced from Fehr & Peers
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Miscellaneous Repairs
The consultant team also
identified several minor
miscellaneous items in need of
repair, including a footbridge and
utility company junction boxes on
California Oaks Trail, missing fence
posts on Los Alamos Hills Trail,
broken asphalt on Las Brisas Trail,
and a damaged cement curb on
Sycamore Ranch Trail. Although
these issues do not necessitate
immediate attention, addressing
them would significantly
enhance the overall trail user
experience and contribute to
the long-term maintenance and
appeal of the trail network.

Trail Uplift from Tree Roots
Trail uplift caused by tree roots
was observed on Pond Park,
Rancho Acacias, Lincoln Ranch,
and Las Brisas Trails. The resulting
cracked and uneven paved
paths can create significant
accessibility challenges for users
who rely on mobility devices,
such as wheelchairs and walkers.

Addressing these issues is crucial
to ensuring that all trail users,
regardless of physical ability,
can safely and comfortably
enjoy the trails.

All images sourced from Fehr & Peers
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654
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61 Trail Usage
Trail usage data was collected
at a sample of trails in the City
of Murrieta to understand the
typical trail user type (walking/
jogging, biking, or equestrian
use) as well as get a general
idea of how often the trails are
used. Data was collected at
one of the trailheads for five (5)
trails using a data collection
vendor that utilized video data
collection technology. The counts
were conducted for four (4)
consecutive days from Thursday
April 25, 2024 – Sunday April 28,
2024 to represent both weekday
and weekend trail usage. The five
(5) trails and associated trailhead
locations collected were:
• Rancho Acacias Trail
at Whitewood Road
• Las Brisas Trail at Las
Brisas Road
• Rancho Los Alamos
Trail at La Alba Drive
• Cole Canyon Trail at
Hayes Avenue
• Mapleton Trail West at
Poinsettia Street
Trail usage data found that Type-1
trails generally had higher usage
with the greatest usage observed
on Saturday and Sunday. The
exception to this generalization
is that Las Brisas Trail (Type 5) had
just as much usage as the Type 1
trails. The Las Brisas trail has a high
number of residential communities
nearby and its relatively easy,
wide, and off-street path makes it
Rancho Acacias Trail
at Whitewood Rd
The Whitewood Road
trailhead of Rancho Acacias
Trail experienced its busiest
day on Saturday, with 83
users, approximately 86%
of whom were pedestrians.

Peak usage occurred on
Thursday at 10:45 AM and
11:30 AM. Detailed charts
showing total daily usage and
usage in 15-minute intervals
are provided in Appendix D.

Rancho Los
Alamos Trail at
La Alba Drive
The La Alba trailhead of
Rancho Los Alamos Trail had it
busiest day on Sunday with 244
users, of which approximately
94% were pedestrians. Peak
usage occurred on Sunday
at 2:00 PM. Charts presenting
the total daily usage and
15-minute intervals usage are
provided in Appendix D.

Las Brisas Trail at
Las Brisas Road
The Las Brisas trailhead had it
busiest day on Sunday with 256
users, of which approximately
93% were pedestrians. Peak
usage occurred on Saturday
at 7:00 PM. Charts presenting
the total daily usage and
15-minute intervals usage are
provided in Appendix D.

Cole Canyon Trail
at Hayes Avenue
The Hayes Avenue trailhead
of Cole Canyon Trail had it
busiest day on Sunday with 532
users, of which approximately
89% were pedestrians. Peak
usage occurred on Saturday
at 4:45 PM. Charts presenting
the total daily usage and
15-minute intervals usage are
provided in Appendix D.

Mapleton Trail West
at Poinsettia Street
The Poinsettia Street
trailhead of Mapleton Trail
West had it busiest day
on Thursday with 78 users,
of which approximately
88% were pedestrians.

Peak usage occurred on
Thursday at 5:15 PM and
6:00 PM. Charts presenting
the total daily usage and
15-minute intervals usage are
provided in Appendix D.
a destination for recreational use
by many residents in Murrieta.

Standard bicycle versus electric
bicycle (e-bike) usage was
reviewed in the data collection
and the field observations. While
e-bike usage was found on the
trails, the users were found to
operate in a manner similar to
standard bicyclists; however,
it should be noted that e-bikes
can achieve a higher speed
than standard bicyclists so the
restriction of e-bikes on some
trails may be considered as
a future recommendation.

Additional information about
the trails sampled is provided.

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Recommendations
Section Four
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64 MURRIETA TRAILS MASTER PLAN
Proposed Trail Connections and Additions
Improving the existing trails within
the City’s trail network can have
a positive impact on both the
users and the Murrieta community
at large. The trail network not
only operates as a transportation
or recreation system, but also
supports the continued growth
and development of the City of
Murrieta. The recommendations
identified vary from the inclusion
and development of new trail
connections to the installation
of uniform signage and
improved data mapping. These
recommendations represent
a toolbox of strategies and
ideas that can be implemented
to continue to support the
usage of the trail network.
continuous, and effectively
integrated into the trail network.

For example, the City will
need to secure easements on
approximately 30 parcels, from
Ivy Street to the City of Temecula
boundary, to implement the
Murrieta Creek Regional Trail.

New Trail Connections
The consultant team identified
several trail connections based
on field observations, many of
which were already noted in
the General Plan Circulation
Element. The alignment between
these field observations and prior
studies underscores the significant
value of these connections to the
overall trail network. The identified
connections are as follows:
• Warm Springs Trail to/from
Pond Park Trail utilizing a new
Type 1 trail through the creek
valley connecting these two
trails
• Warm Springs Trail to/from
Rancho Los Alamos Trail
utilizing a new Type 1 trail
through the creek valley
connecting these two trails.
• Copper Canyon Trail to/from
Cole Canyon Trail utilizing the
existing sidewalks along Calle
Cipres and Oak Bluff Lane
• Sycamore Ranch Trail to/from
Cole Canyon Trail utilizing a
Type 2 trail through the creek
valley connecting these
two trails. This will require a
roadway crossing of Calle Del
Oso Oro.

Connections
Expanding connections between
existing and/or proposed trails
plays a crucial role in enhancing
Murrieta’s trail network, offering
more opportunities for recreation
and transportation throughout
the City. By extending trails
away from roadways, these
connections create a safer,
more enjoyable environment for
residents and visitors. The City of
Murrieta has identified numerous
trail connection opportunities
within the Circulation Element of
its General Plan. These include
both stand-alone trails and
key connections to the existing
network. Among these is the
proposed Murrieta Creek Regional
Trail Project, a significant regional
effort that links the nearby cities of
Lake Elsinore, Wildomar, Murrieta,
and Temecula into a continuous,
connected trail system. Other
potential trail extensions and
improvements have been
outlined both in the General Plan
and through recommendations
by the City’s consultant team,
aiming to increase accessibility
and enjoyment of Murrieta’s trail
system for all users.

It is important to note that the
implementation of these proposed
trails and trail connections may
necessitate the City acquiring
parcels of land or securing
easements on properties not
currently owned by the City. This
process is essential to ensure
that the trails are accessible,
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65 Beyond the trails identified in the
General Plan, additional potential
connections were identified for
further consideration. These new
connections were categorized
based on their ability to integrate
with the existing trail network,
improving connectivity and
providing seamless, accessible
routes for users:
• Murrieta Oaks Trail to Las
Brisas Trail utilizing a variety of
existing paths and new paths
through the landscape area
crossing Sweetspire Terrace
Place, Las Brisas Road, and
Calle San Vicente
The location of these planned
trail connections can be found in
Appendix E.

New Sidewalk
Connections
New sidewalk connections can be
established between nearby trails
located within or near residential
neighborhoods by utilizing existing
sidewalks along roadways. These
connections are designed to
extend the overall trail length by
linking separate trails through offtrail travel.

Examples of these connections
include:
• Los Alamos Hills Trail to/from
Rail Rach Trail utilizing existing
sidewalks along Sunlight Court,
Summerglen Avenue, and
Wintergrove Way .
• Mapleton Trail West to/from
Mapleton Trail East utilizing
existing sidewalks along
Poinsettia Street, Whitewood
Road and Mapleton Street.
• Mapleton Trail West to/from
Mapleton Trail North utilizing
existing sidewalks along
Delphinium Lane.

The location of these new
sidewalk connections can be
found in Appendix E.

Additions
As previously identified, the City of
Murrieta’s General Plan Circulation
Element has highlighted various
new trail opportunities, such as
the Murrieta Creek Regional
Trail Project. Additionally, the
Circulation Element proposes
new trails along Los Alamos Road
and Whitewood Road, situated
adjacent to and north of the Los
Alamos Hills Trail. The Whitewood
Road trail is envisioned to extend
in a north-south direction parallel
to Whitewood Road, eventually
intersecting with a planned trail
along Keller Road and the existing
Mapleton Trail East.

New Trail Incorporation
Murrieta Hills, situated west of
Interstate 215 along the northern
edge of the City, has long been
frequented by recreationial users
taking advantage of the natural
beauty that Murrieta has to
offer. While numerous pathways
crisscross the Murrieta Hills area,
two specific trails were identified
through aerial review and verified
via the trail app, AllTrails, as
promising candidates for inclusion
into the City’s trail network. This
expansion will not only increase
the total trail mileage but also
enhance access to nature-based
destination trails for network users.

The location of this new trail
incorporation can be found in
Appendix E.

Future New Trails
While a good portion of the City
of Murrieta has been developed,
some areas of the southwest
and northeastern portions of the
City have long-term projections
for additional residential growth.

Specific details for development
in these areas are unknown;
however, the ability to add trails
within these areas would be a
beneficial feature to implement
during buildout. These areas could
also be connected to the existing
trail network tough a combination
of sidewalk connections and trail
connections.

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66 MURRIETA TRAILS MASTER PLAN
Murrieta Creek Regional
Trail Connection
The Murrieta Creek Regional
Trail (MCRT) is envisioned as
a multi-purpose recreational
corridor that weaves together
the natural beauty of the region
with a network of accessible
trails. This trail will serve as a
vital link between the cities of
Temecula, Murrieta, Wildomar,
and Lake Elsinore, following the
natural flow of Murrieta Creek.

Initially conceived to address
flood management concerns,
the MCRT has evolved into a
multifaceted project that offers
a host of benefits, including
flood mitigation, promotion of
healthy and active lifestyles,
and strengthening of community
connections. By creating new
connections to existing city trails,
the MCRT will form part of a
much larger regional network,
enhancing the overall accessibility
of outdoor spaces for residents
and visitors across the region.

The Murrieta Creek Regional Trail
Plan, prepared in 2014, provides
a detailed conceptual alignment
and recommendations for the
trail’s development. Within the
City of Murrieta, the MCRT will add
approximately 6.3 miles to the
existing trail network, establishing
connections to popular local trails
such as Cole Canyon, Copper
Canyon, and Sycamore Ranch
(see Appendix F). The southern
section of the trail will extend into
the City of Temecula, requiring
multiple street crossings along
key intersections, including
Guava Street, Ivy Street, Kalmia
Street, and Vineyard Parkway.

In addition, a new mid-block
crossing on Calle Del Oso Oro
is proposed to link the Cole
Canyon and Sycamore Ranch
trails. To connect Cole Canyon
with Copper Canyon, the plan
recommends utilizing the existing
sidewalk along Calle Cipres
and the current crosswalk at
the intersection of Calle Del Oso
Oro. A proposed pedestrian and
bicycle bridge will link Sycamore
Ranch and Copper Canyon trails.

This bridge will provide a safe,
direct route between the two
trails, further enhancing the City’s
connected trail system.

Refer to Murrieta Creek Regional
Trail in Appendix E.

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67 Signage and Wayfinding
Signage and wayfinding are
essential for ensuring a safe and
enjoyable outdoor experience.

Wayfinding encompasses
signs, markers, maps, and other
navigational aids that help
hikers navigate trails effectively.

These tools not only prevent
hikers from getting lost, but also
assist them in making informed
decisions about route choices,
points of interest, and potential
hazards along the way. It also
supports emergency response
and trail maintenance activities
and provides information to the
public about trail conditions.

Providing signage and wayfinding
is one of the most cost-effective
upgrades for a trail network,
but it must be done thoughtfully
and systematically to maximize
the benefits. When done well,
signage and wayfinding can:
• Encourage Trail Use
Enhancing the visibility of the
trail network boosts users’
confidence in navigating it,
General Trail Recommendations
thereby improving their overall
experience and potentially
attracting new users.
• Increase Trail Safety
Signage and wayfinding
increases the visibility of the
trail to non-users, particularly
at road crossings. More
importantly, it improves trail
user knowledge of where
they are, and can facilitate
emergency response and
coordination based on
clearer communications
about incident locations.

Adding more signs and maps
alone will not produce the
intended benefits. The wayfinding
system must be thoughtfully
designed and implemented
to avoid visual clutter and
confusion. There should be a
consistent visual format and
sign/marker layout, including
symbols, logos, type styles and
sizes, and colors that help users
to quickly absorb key information
about their location and route.

A complete wayfinding
system includes:
• Trail network maps and
information – digital and
printed maps, brochures,
and websites
• Park and staging area
identification monument signs
• Trailhead regulatory
and information signs
• On-trail junction, confirmation,
and mile marker signs or posts
• Pavement markings – trail
identification, intersecting
roadways, mile markers,
user designations, guide
and warning striping
• Roadway crossing name and
warning signs on the trail
• Trail crossing name and
warning signs on the road
• On-street directional and
guide signs to trailheads
• Sharing trail route data with
a third party trail navigation
provider (e.g., AllTrails)
The following represents specific
recommendations for signage
that can be incorporated in the
City of Murrieta trail network:

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68 MURRIETA TRAILS MASTER PLAN
Trail Sign Consistency
Consistent trail sign design can promote the
recognition of the City of Murrieta Trail System and
enhance the trail user experience. Trail signs should be consistent in design, color, and overall appearance to
help users feel informed and safe. Consistency can be
applied to a variety of signs, such as information and
regulatory signs, to enhance the overall experience of
trail users.

Recommendation
It is recommended that the City develop a trail signs
guideline document to create cohesive signage
throughout the trail network. The guideline should
identify the specific set of standards (dimensions,
colors, location, usage characteristics) of the different sign types so all existing and future trails within the trail network can have a comprehensive development.

Trailhead Signage
Trailhead signs are a collection of signs that identify the specific trail and any regulatory requirements or warnings.

Few of the City’s trails have trail name markers and many of the users are not aware of which trails they are using. The lack of identification can be frustrating to users who are trying to use specific trails.

Recommendation
It is recommended that all trails have their name marked with a consistent set of trailhead sign or monument designs.

Combine trail name placards with maps and regulatory
signs in an organized, consistent layout that makes it easier to discern the different messages.

Waynding Design Standards
COLORS
Sign Backing
C: 100
M: 47
Y: 26
K: 4
Accent 1
C: 0
M: 32
Y: 86
K:

PANTONE 7705 C White PANTONE 143 C
0 Accent 2
C: 58
M: 32
Y: 88
K:

PANTONE 576 C
0 Sign Legend
C: 0
M: 0
Y: 0
K: 0

META PRO BLACK
FONTS
Trail name (all caps)
Meta Pro Bold
Destination names, general sign legend (-20 tracking)
Meta Pro Medium
Smaller sign legend (-20 tracking)
Meta Pro Condensed Medium Distances to destinations
Directional arrow
Cross-street directional arrow
Parking
Bathrooms
ICONS
Permitted
Prohibited
Welcome to the
Trailhead Sign

RANCHO ACACIAS
TRAIL
Please do: Please don’t:

Keep dogs on a leash
Pick up trash
Avoid wildlife
Avoid Poison Oak
Bring plenty of water
Walk o trails
Drink alcohol
Litter or vandalize
Pick wildflowers
Smoke anything
Example Wayfinding Design Standards
Example Trailhead Signage
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69 Travel Directional Signage
Trail directional signs provide routing information
to aid trail users through complex trail systems.

Directional signs can help users navigate splits in
the trail and also prevent accidents and injuries by
ensuring users stay on the intended route and avoid
hazardous areas. Many of the existing trails did not
have directional signage which made some trails,
such as Warm Springs Trail, challenging to navigate.

Recommendation
It is recommended that trail directional signs be
provided along trails and at junction points to clearly identify the trail routing. These signs should also include information such as dead-end trails and adjacent
parks and roadways at the trail heads so users can
determine which route they would like to take.

Roadway Crossing Signs
Roadway crossing signs identify the adjacent roadway,
which can help trail users locate themselves within the trail network. In most places, there is no information
about where a trail crosses a street. Currently, the
Trail Fitness Maps provide information about which
trail is being crossed and the continuation location
to the trail; however, these maps are sporadically
located and not near the trail entrances.

Recommendation
It is recommended that where trails and trailheads
intersect streets, consistent street name signs on
the trail, and trail name signs on the street, should
be provided to help trail users orient themselves,
and others to be aware of the location of the
trail and the trail entrance or crossing.

RANCHO ACACIAS TRAIL

0.1 Playground 0.1
Avenida Palizada
Whitewood Rd 0.3
Trail Conrmation Sign

RANCHO ACACIAS TRAIL

0.1 Avenida Miguel
Oeste
Willowbend Dr 0.1
Roadway Crossing Sign
Avenida Palizada
Example Roadway Crossing Signs
Example Directional Signage
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Travel Mile Markers
Trail mile markers are signs with locational information that provide recreation benefits and enhance safety.

Trail users can utilize the sequentially numbered signs to track distances traveled. For safety, that same
numbering system can be utilized by the 911 operators
to better locate trail users in need of assistance and
provide details on access routes to the emergency
responders. No trail mile markers were identified
during the field visit and data collection process.

Recommendation
It is recommended a consistent marker style be
developed and implemented throughout the
City’s trail network. The distance between mile
markers should be no greater than 0.25 miles to
better track distances travelled and limit the search
area for emergency responders. Mile markers
should identify the respective trails. Mile markers
should be installed at the trail head so users can
identify the specific marker for use on that trail.

On-Street Trail Guide Signs
On-street trail guide signs provide information to motorists and other roadway users about the proximality of nearby trails. This type of sign increases the visibility of the trail network, encouraging use and increasing awareness for
trail users. There were no on-street signs found that direct drivers, transit riders, pedestrians, or cyclists to nearby trails.

Recommendation
It is recommended that on-street guide signs
be installed at all trail heads along roadways to
identify the adjacent trail and provide distances
and directions to other nearby trails.

RANCHO ACACIAS
TRAIL
Trail Mile Marker
Mile

2.0 On-Street Trail Guide Sign
RANCHO

ACACIAS
TRAIL
Example On-Street Trail Guide Sign
Example Trail Mile Marker
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71 Trail Design Standards
Each trail is designed to be a
natural outdoor element that
reflects the unique characteristics
of its environment, offering
consistency in overall design
while allowing for variation in
specific features. Though not
exact replicas, trails should adhere
to basic design principles such
as appropriate width, surface
materials, and safety standards.

The following trail design standards
have been reviewed from local
and regional reference material
including the U.S. Forest Service,
Riverside County trail standards,
and local municipality trail
design plans. The modification,
improvement, and future
development City of Murrieta
Trails Network should follow the
appropriate design standards
illustrated here and in concert
with any adjoining trail segment.

This process will ensure a cohesive
sense of place, reflecting the
character and values of the trails
network.

Trail Classification
The current trail network does
not differentiate between the
various types of trails other than
identifying the trail material type.

As part of the data collection and
field observation process for this
master plan development, the
existing trails were categorized
based on their trail material type,
overall width, recommended
usage, and observed difficulty.

Strict standardization among
multi-use trails or even segments
of the same trail is impractical
because of physical constraints
resulting from vast differences
in topography, soil type,
vegetation, and dissimilarities
in the type of trail use.

Standards are good, but flexibility
is necessary. Therefore, design
may vary among different trails
or segments of trails according
to development constraints
and various special conditions.

Actual trail widths need to be
determined according to the
level of use or projected level
of use. Nevertheless, certain
basic standards allowing for
flexibility and for the safety and
maintenance of the trail and
its related facilities should be
followed. The following categories
identified were inspired by the
United States Forest Services trail
classification but are augmented
to account for the types of
trails that are present in the
City of Murrieta trail network.

Recommendation
It is recommended that the City of
Murrieta adopt a trail classification
system to easily identify the
various types of trails present in
the trail network. This classification
system can be utilized to create a
consistent system of rating trails so
users understand the differences
associated with the trails they wish
to use. The classification should
be incorporated in trail maps and
other means of identifying the
trails in the City of Murrieta. The
following classifications and design
standards are recommended
for use in the City of Murrieta.

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Trail Classifications Table
Type 1
Nature Trails
Type 2
Recreational
Trails
Type 3
Wide Dirt or
Utility Roadbed
Type 4
Greenbelt
Concrete Path
Type 5
Paved Multi-use
Trail: Asphalt or
Concrete
Trail Tread
Width 2-12 feet wide 8-14 feet wide 20-30 feet wide 5-8 feet wide 8-14 feet wide Minimum
Trail
Easement
16 feet wide 16 feet wide 40 feet wide 16 feet wide 16 feet wide Vertical
Clearance 12 feet 12 feet 16 feet 16 feet 16 feet
Optimum
Grade
1-8% (may vary
depend on
topography)
< 5%
1-8% (may vary
depend on
topography)
< 5% < 5%
Surface
Mix of soil and
finely to coarsely
broken rock
Packed
local soils,
decomposed
granite
Decomposed
granite
Concrete
sidewalks
Asphalt or
concrete
Additionally, the City of Murrieta maintains the Get Fit routes which encompasses five trails within the trail network. These routes should be noted within the classification system so users know which trails would be better options for a fitness focused activity.

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73 Trail User Classification
The current trail network only classifies users by
walking/jogging, biking, and horseback riding.

Field observations suggested that a more refined
user classification could better inform users of each
trail’s intended purposes. These are not necessarily
new classifications, but rather additional distinctions in the existing user types.

While the recommended user classifications align
with general trail characteristics, user types for
specific trails may be constrained based on the
context and location of the trail.

Walking / Jogging
Type 1
Nature Trails
Type 2
Recreational
Trails
Type 3
Wide Dirt or
Utility Roadbed
Type 4
Greenbelt
Concrete Path
Type 5
Paved Multi-use
Trail: Asphalt or
Concrete
Walking / Jogging Walking / Jogging Walking / Jogging Walking / Jogging Mountain Bike Mountain Bike Mountain Bike
Equestrian Equestrian Equestrian Family Friendly
Mobility
Assist Device
Mobility
Assist Device
Recommendation
It is recommended that the City of Murrieta consider
further distinguishing trail user types and specifying
the intended users for each trail. Additionally, trail
maps should clearly indicate these user types. These
user types should include, but are not limited to:
• Walking/Jogging
• Bicycles/Electric Bicycles
• Mountain Bikes
• Family-Friendly
• Equestrian
• Mobility Assist Devices
The following identifies potential trail user types to
the trail classifications previously presented.

Biking / E-Biking Biking / E-Biking
Family Friendly
Suggested Use: Suggested Use: Suggested Use: Suggested Use: Suggested Use:

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Utilities
Development of trails may
conflict with existing utility lines or
corridors. While the use of these
corridors can be beneficial to
trail development, coordination
with the utility provider mush be
completed to ensure appropriate
use and access of the utility.

Recommendation
The City of Murrieta should
coordinate with local utility
providers regarding any trail
that utilizes a utility corridor.

To the extent possible, utility
boxes and vaults, manholes,
pole, lines or other above
grade utilities should be located
outside the trail easement.

Trail Drainage
Drainage is the most important
item in trail construction. It
requires a special study of the
precipitation, runoff, springs, and
streams in the area. Surface
water must be diverted from the
trail’s surface before it builds up
to an erosive force. The method
used to drain the trail will depend
on the quantity and speed of
the water and the type of soil in
the area. The best and simplest
drainage is to slope the trail
surface, 1 to 3 percent, to allow
the water to sheet off, rather than
run in a stream. Low grades help
prevent drainage problems; steep
grades allow the water to run
faster building up erosive force.

Recommendation
Trail drainage damage should be
reviewed on a scheduled basis
to determine where drainage
improvements could be made
to existing trails. Future trails
should be constructed with
appropriate drainage based
on the local conditions.

Trail Fencing
Fencing should be constructed
of materials that blend with the
surrounding community, are in
character with the recreational
nature of the trails, and that
weather well. Suggested
materials include wood such as
cedar or redwood, however,
alternative materials and design
may be allowed when consistent
with adjacent developments
including 3 rail polymer fencing.

Plantings such as trees, hedges,
or large rocks can also serve
as trail fencing or barriers.

Recommendation
Existing trail fencing should be
reviewed on a scheduled basis to
determine if any fencing needs
improvements. Any construction
of new fencing should be done in
coordination with City of Murrieta
staff and a licensed engineer.

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75 Environment
The trail system should be
designed in such a manner as to
respect the natural environment
of the immediate area. Trail
alignments should preserve
existing native and ornamental
vegetation by removing only
as much as necessary to
accommodate the trail. Trail
buffer widths may be limited in
sensitive areas in order to preserve
scenic amenities and valuable
habitat. Where trail alignments
include existing trees, particular
attention to preservation should
be incorporated into design
plans. Trail alignments should
respect natural landforms and
not require significant grading to
implement. Trail improvements
should be minimal and respect
the natural terrain and vegetation
in the immediate area.

Recommendation
The City of Murrieta should
coordinate the development
or redevelopment of any trails
with a trail designer to limit the
impact trail development has
on the existing environment.

Views
Trails should be designed to maximize scenic opportunities by aligning routes to capture natural vistas, such as mountains, rivers, or unique geological features. Careful consideration should be given to trail placement to offer viewpoints or rest areas at key locations with unobstructed, panoramic views. In areas with dense vegetation, selective clearing may be used to frame views, but only to the extent necessary to preserve the natural environment.

Recommendation
The City of Murrieta should coordinate the development
or redevelopment of any trails with a trail designer
to identify potential view opportunities.

Falcon’s View Trail
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76 MURRIETA TRAILS MASTER PLAN
Trail Amenities
Trail amenities are essential components that enhance user access and elevate the overall experience. While often unnoticed unless absent, they play a crucial role in ensuring a positive trail experience. These amenities generally fall into two main categories: those situated at trailheads and those distributed along the trail itself. At trailheads, amenities can vary depending on the size of the trailhead or staging area. Additionally, different amenities may be appropriate at smaller access points scattered throughout the City. The following represents specific recommendations associated with different types of trail amenities on the City of Murrieta trail network:

Trailhead Amenities
Trailheads include all the access points to a
given trail. In many cases, these are simply
points where the trail meets a roadway or
parking facility. At a minimum these locations
should each provide the following amenities:
• Trail signage including a map of the trail,
trail specific information, and rules
• QR code to website with trail map
• Dog waste stations
Recommendation
It is recommended that all trails in the
City of Murrieta trail network include the
identified amenities at each trailhead.

Trailhead Sign Supplemental Trail Map QR Code
Scan for trail map
Welcome to the

RANCHO ACACIAS
TRAIL
Please do: Please don’t:

Keep dogs on a leash
Pick up trash
Avoid wildlife
Avoid Poison Oak
Bring plenty of water
Walk o trails
Drink alcohol
Litter or vandalize
Pick wildflowers
Smoke anything
Scan for trail map
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Example Trailhead Supplemental Trail Map QR Code
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77 Staging Area Amenities
Staging areas are the major access points to a trail
system or a popular trail. These locations should
provide the same amenities at the trail head and
when possible, provide additional amenities such as:
• Adequate parking
• Bike racks
• Restrooms
• Drinking water
• Picnic tables
• Benches
• Shade structures
• Dog waste stations
Recommendation
It is recommended that large trails such as
the Rancho Los Alamos Trail System and Cole
Canyon Trail provide staging areas that attempt
to incorporate these types of amenities.

On-Trail Amenities
The need for specific amenities along trails
varies greatly depending on the type and
location of the trail. The only elements
recommended for every type of trail are:
• Trail directional signage
• Mileage markers
Other amenities that should be considered
along trails include the following:
• Benches
• Picnic tables
• Dog waste stations
• Educational information signs
Recommendation
It is recommended that every trail have trail
directional signage and mile markers. Other amenities
identified should be considered for implementation
depending on perceived use and applicability.

Steet Light Banner
Example Street Light Banner
Sample of Educational Information Sign
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78 MURRIETA TRAILS MASTER PLAN
Trail Maintenance Operations
Maintaining the trails within the City of Murrieta is crucial for the overall success of the trail network.

These trails serve multiple uses from outdoor recreation to alternative transportation routes. Ensuring trails are well-maintained promotes safety and security, makes them accessible spaces for all to enjoy, and ultimately contributes to an improvement in quality of life for all users. The following represents specific recommendations that can be incorporated in the City of Murrieta trail network maintenance operations:

Adopt-A-Trail Program
The City of Murrieta has an existing Adopt-A-Trail program for some trails within the network. The City’s Adopt-A-Trail Program allows individuals, families, organizations and businesses the opportunity to help the community by assisting with removal of litter and reporting maintenance concerns.

Recommendation
It is recommended that the City of Murrieta continue the Adopt-A-Trail program. City staff should meet with current program sponsors to determine what aspects of the program may dissuade others from participating. The program should be reviewed to determine which of the policies of the program could be altered to increase participation.

Murrieta Fix It App
The Murrieta Fix It app allows persons to report local issues like potholes and graffiti or damaged trees, playground equipment, street signs, and sidewalks. The app integrates on both Android and Apple smartphones along with an internet portal for reporting issues. The City tracks requests and assigns staff to address issues as they arise.

Recommendation
It is recommended that the City of Murrieta continue to use the Murrieta Fix It app and provide information about the program and identify how to download the app at all trailhead signage. This could be done using a QR code on regulatory signs. The app can be used for trail users to report problems to City staff on an ongoing basis.

Trail Volunteer Program
Currently, the City does not have an established trail volunteer program.

Recommendation
It is recommended that the City develop and promote a trail volunteer program utilizing volunteers and assigning individual trails for trail maintenance projects. Engage Eagle Scouts, Girl Scouts, or high schoolers to encourage and provide community service hours.

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79 Identifying Trail Routes
Some of the trails within the City of Murrieta trail
network have poorly defined paths and are
misaligned with the existing data utilized by the
City. This inaccuracy can make the utilizing of
these trails less safe due to uncertainty about trail
route, length, and terrain. While directional signage
installed along trails will be helpful to alleviate the wrong turns along the route, having an accurate
route before starting a trail would be beneficial for
the user and emergency responders, if needed.

Recommendation
It is recommended that the City of Murrieta
coordinate with a professional firm, or consider
coordination with the California Conservation
Corps, to develop accurate mapping and
distances of all trails within the network. This
data should be incorporated on the trail maps
produced by the City, placed on their external
Geographic Information System (GIS) interface,
and shared with emergency responders.

Review Out-of-Service Trail Access Points
During site visits, it was discovered that some trails
have access points which have been closed
using a gate or other barrier. Closed access points
were identified on Cole Canyon Trail at Willow
Court and Rancho Los Alamos Trail System at
Pictor Avenue and Ariel Street. At this time, there
is no information as to why the access points
have been closed. Accessibility is important for
the continued use and enjoyment of the trails.

Recommendation
It is recommended that the City of Murrieta
consider reopening the closed access
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points to increase access to the trails.
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80 MURRIETA TRAILS MASTER PLAN
Traffic Calming and Improved Visibility
Implementing traffic calming measures and improving visibility around trailheads can improve the experience for trails users and enhance safety in the area. Slowing down vehicular traffic can reduce the risk of injuries associated with traffic collisions. Increasing visibility of trail users can provide vehicles and other roadway users the opportunity of more time to react to avoid a collision. Improving the interaction between trailheads and roadways will have a positive effect on all trail users throughout the network. The following represents specific recommendations that can be incorporated in the for improving traffic calming and visibility on the trail network.

Increase Trail User Visibility at Trailheads
Improving visibility of trail users around roadways
can be an important aspect of improving safety
around trailheads. The more visible a person is
to a driver, the higher enhancement to safety
in that area. The increase of visibility can come
from a mix of providing a large enough area
for trail users to wait or trimming vegetation to
increase the stopping sight distance of vehicles.

Recommendation
It is recommended that the City of Murrieta
coordinate with the Public Works Department
to conduct a review of sight triangles for
stopping sight distance at all trailheads to
appropriately accommodate the stopping
distance if a trail user were to enter the roadway.

In addition, trailhead entrances should be
reviewed to determine if the storage space
is sufficient for typical trail user conditions.

Lowering Roadway Speeds Adjacent to
Trailheads, Staging Areas, and Crossings
California Assembly Bill (AB) 43 allows local
governments the ability to lower speed limits by
five miles per hour of the 85th percentile speed
in proximity to areas of high concentration
of pedestrian and bicycle activity. Trailheads
and staging areas could be considered areas
of high pedestrian and bicycle activity within
the City of Murrieta. Research has shown that
reductions in vehicle speed can reduce injuries
in collisions. Reduction in vehicle speed around
trailheads, staging areas, and crossings can
help reduce injuries due to potential collisions.

Recommendation
It is recommended that the City of Murrieta consider
the use of AB 43 regarding setting speed limits
around trailheads, staging areas, and crossings.

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81 Improved Trail Roadway Crossings
Similar to the increased trail user visibility at
trailhead, improvements to trail roadway
crossings can enhance safety on specific trails.

Many of the existing trails that require a roadway
crossing currently lack crossing treatments. The
Federal Highway Administration (FHWA) Office
of Safety prepared the report STEP: Improving
Visibility at Trail Crossings FHWA-SA-21-123
(FHWA, 2021), which presents a systemic
approach to reviewing crossings to improve
the crossing experience by identify engineering
countermeasures, such as enhanced signs and
traffic controls. Furthermore, the document
describes safety issues and countermeasures
for several most frequent types of trail crossings
and introduces a process for reviewing trail
crossing locations for opportunities to reduce
the chances of fatal or severe injury crashes
Recommendation
It is recommended that the City of Murrieta
utilize the methodology presented in FHWASA-21-123 to identify and implement potential roadway crossing treatments to all existing and
future trail crossings. These treatments could
include, but are not limited to, installation
of warning signs and crosswalk markings,
implementation of traffic control devices,
or altering the physical features of the area
to reduce speed and improve visibility.

Source: Federal Highway Administration
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82 MURRIETA TRAILS MASTER PLAN
Trail Citywide Map
The existing citywide trail map has
been updated based on the work
completed as part of this MTMP.

This map has updated many
of the trail routes and includes
information such as restroom and
parking availability along with
trail length, trail material type,
and width. It is intended that this
map be provided on the City of
Murrieta website, for residents
and visitors to access, to help
users determine where trails are
generally located within the City.

Additionally, this map should be
downloadable via a QR code
presented at the trailhead.

Recommendation
It is recommended that the City
of Murrieta continually update this
map when new trail route data
is collected or when new trails
or amenities are developed.

Trail Cut Sheets
Each existing trail within the City’s
trail network was mapped on a
single page to provide additional
amenity information beyond
the citywide map. This includes
parking locations, trail roadway
crossing locations, access points,
restroom locations, segment
lengths, and trail difficulty. It is
intended that these maps be
provided on the City of Murrieta
website for residents and visitors
to access to determine the
specific location and amenities
of each trail. Additionally, the
associated map should be
downloadable via a QR code
presented at the trailhead.

Recommendation
It is recommended that the City
of Murrieta continually update
these maps when new trail route
data is collected or when new
trails or amenities are developed.

Trail Mapping and
Data Management
The mapping of the City of
Murrieta trail network can be a
benefit to the users, operators,
and emergency responders
of the network. Accurate
maps can identify distances
associated with specific trail
segments, trailhead locations,
parking, trail amenities, and other
aspects that may not be readily
available to first time visitors. The
City of Murrieta has had a trail
map system developed on a
Geographic Information System
(GIS) database that has been
utilized for previous trail-related
material and studies. Throughout
this master planning effort, many
of the trails were mapped with
Geographic Positioning Service
(GPS) devices to improve the trail
route identification and layout in
this GIS database. Based on the
work done to date, the following
are a series of recommendations
for the mapping of the City
of Murrieta trail network:

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83 Trail GIS Data
The trail route data collected as part of this trails master plan has been stored in a GIS database for future use in the development of the maps identified above or for providing information to City staff when needed, regarding the trail network. This GIS data should be kept up to date with new information regarding the addition of new trails, amenities, or connections. Additionally, this data could be used to identify and catalog maintenance needs for specific trails.

Recommendation
It is recommended that the City of Murrieta maintain the GIS database of the trail network to provide trail-based data when needed and keep maps up to date. Community Services Deapartment (CSD) staff will provide updates to the GIS team via internal communication avenues. It is also recommended that the City verify the GIS database corresponds with information on open-source platforms such as AllTrails.

City of Murrieta Public GIS Hub Displaying City Trails
Source: City of Murrieta
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84 MURRIETA TRAILS MASTER PLAN
Example Trail Amenity
Improvement Maps
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85 The following section presents a selection of example trail amenity enhancements that could be implemented on a selection of City trails. The trails included in this section were identified in coordination with the City for field review and data collection. The review process outlined here identifies example improvements that could be considered for all trail segments within the City.

To implement trail improvements, the City will have to regularly evaluate and capitalize on opportunities as they become available. To accomplish this the following trail review process should be implemented on a regular basis.
• Regularly assess trail conditions for required maintenance improvements, • Regularly assess community input and recreational needs concerning trail system, • Foster cooperative partnerships with local private communities / new developments, Riverside County and neighboring municipalities to promote trail connectivity, • Develop and maintain public trail programming and information campaigns, • Develop a multi-department collaborative effort that meets annually to review and update trail improvement funding strategies based on established priorities.

Amenities featured on the following maps include signage and wayfinding, trail amenities, and proposed trail connections. These maps are not intended to dictate the exact locations for new or upgraded amenities but to highlight potential areas where such amenities could be strategically placed to significantly improve the overall user experience. This flexible approach allows for adaptability based on further community input and site-specific considerations.

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86 MURRIETA TRAILS MASTER PLAN
California
Oaks Trail
Trail Width: 5-8 feet
Trail Difficulty: Easy
TRAIL #1
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Trailhead signage
Recommended Signage
Dog waste station
Picnic tables/benches
Recommended Amenities
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87 N
Example Trail Amenity Improvement Maps
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88 MURRIETA TRAILS MASTER PLAN
Cole
Canyon
Trail Width: 4-12 feet
Trail Difficulty: Moderate
TRAIL #2
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
drinking
nches)
atments
ge
igns
ns
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Proposed Trail Connection
Trail Access Point
Existing Amenities
Out of Service Access Point
Parking Lot
Roadway crossing treatments
Picnic tables/benches
Recommended Amenities
Dog waste station
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89 N
Proposed Trail Connection
Proposed
Staging Area
Example Trail Amenity Improvement Maps
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90 MURRIETA TRAILS MASTER PLAN
Copper
Canyon Trail
Trail Width: 8-14 ft
Trail Difficulty: Easy
TRAIL #3
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Trail Access Point
Existing Amenities
Restroom
Parking Lot
Roadway crossing treatments
Picnic tables/benches
Recommended Amenities
Dog waste station
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91 N
Example Trail Amenity Improvement Maps
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92 MURRIETA TRAILS MASTER PLAN
Falcon’s
View Trail
Trail Width: 4-8 ft
Trail Difficulty: Strenuous
TRAIL #5
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Trailhead signage
Recommended Signage
Roadway crossing treatments
Recommended Amenities
Dog waste station
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93 N
Example Trail Amenity Improvement Maps
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94 MURRIETA TRAILS MASTER PLAN
Las Brisas
Trail
Trail Width: 8-14 feet
Trail Difficulty: Easy
TRAIL #6
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Trailhead signage
Recommended Signage
Roadway crossing treatments
Recommended Amenities
Dog waste station
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95 N
Example Trail Amenity Improvement Maps
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96 MURRIETA TRAILS MASTER PLAN
Lincoln
Ranch Trail
Trail Width: 8-14 feet
Trail Difficulty: Easy
TRAIL #7
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Recommended Amenities
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Trailhead signage
Recommended Signage
Dog waste station
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97 N
Example Trail Amenity Improvement Maps
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98 MURRIETA TRAILS MASTER PLAN
Los Alamos
Hills Trail
Trail Width: 8-14 feet
Trail Difficulty: Easy
TRAIL #8
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Proposed Trail Connection
Trail Access Point
Existing Amenities
Restroom
Parking Lot
Roadway crossing treatments
Recommended Amenities
Dog waste station
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99 N
Example Trail Amenity Improvement Maps
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100 MURRIETA TRAILS MASTER PLAN
Mapleton
Trail West
Trail Width: 5-8 feet
Trail Difficulty: Easy
TRAIL #11
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Proposed Trail Connection
Proposed
Staging Area
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Trail Access Point
Existing Amenities
Restroom
Parking Lot
Proposed
Trail Con
nect oi n
Roadway crossing treatments
Picnic tables/benches
Recommended Amenities
Dog waste station
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101
N
Example Trail Amenity Improvement Maps
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102 MURRIETA TRAILS MASTER PLAN
Pond Park
Trail
Trail Width: 5-8 feet
Trail Difficulty: Easy
TRAIL #13
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Proposed Trail Connection
Potential under-bridge
trail connection
Roadway crossing treatments
Picnic tables/benches
Recommended Amenities
Dog waste station
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N
Proposed
Trail Connection
Example Trail Amenity Improvement Maps
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104 MURRIETA TRAILS MASTER PLAN
Rancho
Acacias Trail
Trail Width: 8-14 feet
Trail Difficulty: Easy
TRAIL #15
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Roadway crossing treatments
Picnic tables/benches
Recommended Amenities
Dog waste station
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N
Example Trail Amenity Improvement Maps
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106 MURRIETA TRAILS MASTER PLAN
Sycamore
Ranch Trail
Trail Width: 8-14 feet
Trail Difficulty: Easy
TRAIL #17
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trail directional signage
On-street Trail guide signs
Roadway crossing signs
Trailhead signage
Recommended Signage
Roadway crossing treatments
Dog waste station
Recommended Amenities
Pedestrian/bicyclist bridge
Critical Linkage to
Copper Canyon Trail
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N
Example Trail Amenity Improvement Maps
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108 MURRIETA TRAILS MASTER PLAN
Toulon
Trail
Trail Width: 4-12 feet
Trail Difficulty: Moderate
TRAIL #18
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail Access Point
Existing Amenities
Trailhead signage
Recommended Signage
Roadway crossing treatments
Recommended Amenities
Dog waste station
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109
N
Example Trail Amenity Improvement Maps
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110 MURRIETA TRAILS MASTER PLAN
Warm
Springs Trail
Trail Width: 2-5 feet
Trail Difficulty: Moderate
TRAIL #19
Walk
or Jog
Bike or
E-bike
Mountain
Bike
Family
Friendly
Equestrian
Trail directional signage
On-street Trail guide signs
Trailhead signage
Recommended Signage Proposed
Staging Area
Trail Access Point
Existing Amenities
Parking Lot
Roadway crossing treatments
Recommended Amenities
Dog waste station
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N
a
Proposed Trail Connection
Proposed Trail Connection to Pond Park Trail
Example Trail Amenity Improvement Maps
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112 MURRIETA TRAILS MASTER PLAN
The ability to implement the
recommendations identified will be
important in the continued development
of the trail network. The recommendations
can be implemented in isolation
or combined as part of a larger
improvement strategy. Table 1 identifies
the relative costs as dollar signs and time
to implement as clocks to the right.

Note:
1: Assumed as the Murrieta Oaks Trail to Las Brisas
Trail connection identified in the recommendations
section.
2: Assumes incorporation of new trail system and
development of associated signage and other trail
amenities.
3: The details of future new trails are based on
potential development which is not yet known at this
time. Associated costs and time are speculative to
provide a general estimate of expectation.
4: Assumes an unpaved trail approximately 1 mile
in length. Cost and time projections applies to one
unpaved trail approximately 1 mile in length.
5: Trailhead and on-trail amenities can vary
depending on the type and quantity of amenities.

Assumption is for a paved trail approximately 1 mile in length with bench and dog station at two trailheads
and information signage along trail.
6: Staging area amenities can vary depending on
the type and quantity of amenities. Assumption is for
one staging area with restroom, water fountain, and
bench.
7: Assumes one high visibility marked mid-block
crosswalk with rectangular rapid flashing beacons
(RRFB).
8: The maintenance of GIS data is considered an ongoing need which has no definitive ending.

Implementation Recommendation Relative
Cost
Relative Time
to Implement
Proposed Trail Connections
New Sidewalk Connections $
New Trail Connections1 $$$$$
Proposed Trail Additions
New Trail Incorporation2 $$$$$
Future New Trails3 $$$$$
Signage and Wayfinding
Traffic Sign Consistency $$
Trailhead Signage4 $
Roadway Crossing Signs4 $
Trail Directional Signage4 $
On-Street Trail Guide Signs4 $
Trail Amenities
Trailhead Amenities5 $$
Staging Area Amenities6 $$$$$
On-Trail Amenities5 $$
Trail Mainenance Operations
Adopt-A-Trail Program $
Murrieta Fix It App $
Identifying Trail Routes $$
Traffic Calming and Improved Visibility
Increase Trail User Visibility at
Trailheads $$$
Lowering Roadway Speeds
Adjacent to Trailheads,
Staging Areas, and Crossings
$$
Improved Trail Roadway
Crossings7 $$$$
Traffic Classification System
Trail Classification System $
Trail User Classification
Trail User Classification $
Trail Mapping and Data Management
Trail Citywide Map $
Trail Cut Sheets $
Trail GIS Data8 $$
$: ≤$25,000
$$: $25,000-$50,000
$$$: $50,000 - $75,000
$$$$: $75,000 - $100,000
$$$$$: ≥$100,000
≤3 mos.
3 mos.– 6 mos.
6 mos.– 1 year
1-2 years
≥2 years
Table 1 (Right)- Recommendation Cost
and Time to Implement
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113
As the City of Murrieta continues
to grow, trail usage and user
needs will increase. While current
needs may focus on specific
trails or issues, implementing
various recommendations now
can help address future trail
usage more effectively. Some
recommendations can be applied
universally across the trail network,
while others may be specific to
certain trails.

The City should prioritize
implementing recommendations
related to signage and wayfinding
across all trails as these are
relatively low-cost and quick
to execute. Additionally, trail
maintenance, mapping, and
data management should either
continue or be implemented
promptly to maintain the physical
condition of the trails and ensure
accurate mapping of the trail
network.

Although recommendations such
as traffic calming measures and
trail amenities are also important
for various reasons, they come
with higher costs and longer
implementation times. It is crucial
to balance the implementation of
faster, cheaper recommendations
with lower resource demands and
the investment needed for more
expensive recommendations.

City staff should continue
collaborating with residents and
trail users to identify the most
appropriate recommendations for
the trail network.

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114 MURRIETA TRAILS MASTER PLAN
To successfully implement the
recommendations outlined
in the Murrieta Trails Master
Plan (MTMP), a strategic
approach to staffing, funding,
and resource allocation will be
essential. Ensuring that sufficient
maintenance crews are available
to care for the expanded and
improved trail network is a top
priority. This includes developing
routine maintenance schedules,
addressing issues such as erosion,
trail uplift, and signage upkeep,
and potentially expanding
staffing levels to meet these new
demands.

Next Steps
will help preserve the integrity
of the trail network for future
generations.

Coordination between City
Departments and community
stakeholders will be vital to
maintain momentum and
address any challenges that
arise during implementation. The
following graphic outlines each
recommendation and the time to
implement.

Securing funding is critical for
both immediate and long-term
implementation of the MTMP.

A diverse approach to funding
should include leveraging capital
improvement funds, applying
for State and Federal grants,
and exploring public-private
partnerships. Allocating these
resources strategically will allow
for phased development and
ensure that priority projects are
addressed first. Additionally,
establishing an ongoing funding
mechanism for trail maintenance
Recommendation Short-Term
(FY 2025-2030)
Mid-Term
(FY 2030-2035)
Long-Term
(FY 2035-Beyond)
KEY RECOMMENDATION #1: TRAIL CONNECTIONS AND ADDITIONS* New Trail Connections
Warm Springs Trail to Pond Park Trail X X
Warm Springs Trail to Rancho Los Alamos Trail X X
Copper Canyon Trail to Cole Canyon Trail X X
Sycamore Ranch Trail to Cole Canyon Trail X X
Murrieta Oaks Trail to Las Brisas Trail X X
New Sidewalk Connections
Los Alamos Hills Trail to Rail Ranch Trail X
Mapleton Trail West to Mapleton Trail East X
Mapleton Trail West to Mapleton Trail North X
New Trail Incorporation
Develop Murrieta Hills Specific Plan Trails X
Future New Trails
Develop Whitewood Road Trail X
Develop Murrieta Creek Regional Trail X X
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Recommendation Short-Term
(FY 2025-2030)
Mid-Term
(FY 2030-2035)
Long-Term
(FY 2035-Beyond)
KEY RECOMMENDATION #2: SIGNAGE AND WAYFINDING*
Develop and implement of uniform signage for all 19
city trails including trailhead signage, roadway crossing signage, directional signage, travel mile markers, and
on street trail guide signs
X X
KEY RECOMMENDATION #3: TRAIL CLASSIFICATION AND DESIGN STANDARDS Adopt trail classification standards X
Adopt trail user standards X
Adopt trail design standards X
KEY RECOMMENDATION #4: TRAIL AMMENITIES*
Add trailhead amenities X X
Add staging area amenities X X
Add on-trail amenities X X
KEY RECOMMENDATION #5: TRAIL MAINTENANCE
Promote Adopt-A-Trail program X
Promote Murrieta Fix It app for trails X
Identify trail routes and access points X
Develop trail network maintenance program X X X
KEY RECOMMENDATION #6: TRAFFIC CALMING AND IMPROVED VISIBILITY* Increase trail visibility at trailheads X
Evaluate and research roadway speed adjacent to
trailheads, staging areas, and crossings and implement
as needed
X
Research and prioritize which trail roadway crossings
need improving and implement as needed X
KEY RECOMMENDATION #7: TRAIL MAPPING AND DATA MANAGEMENT Develop and promote citywide trail map X
Develop trail cut sheets (digital, printed, and QR code to place on trail signage) X X
Maintain and update trail GIS data X X X
*Recommendation will have a capital cost impact and will require capital funding to implement.

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116 MURRIETA TRAILS MASTER PLAN
Funding
Each year, billions of dollars are
invested by federal, state, and
local agencies to improve the
transportation system. Some
of that money is specifically
identified for planning,
developing, and improving
pedestrian and bicycle facilities.

While securing funding can be
competitive, various opportunities
exist. It is important to note that
funding from agency programs is
not guaranteed and is subject to
availability. The following section
identifies funding opportunities
that may be available for the
City of Murrieta trail network.

Federal Fundiing
Opportunities
Federal Highway Administration
(FWHA) Recreational
Trails Program (RTP)
The Active Transportation
Infrastructure Investment Program
(ATIIP) is a new competitive grant
program created by the Bipartisan
Infrastructure Law to construct
projects to provide safe and
connected active transportation
facilities in active transportation
networks or active transportation
spines. ATIIP projects will help
improve the safety, efficiency, and
reliability of active transportation
networks and communities,
improve connectivity between
active transportation modes and
public transportation, enhance
the resiliency of on- and offroad active transportation infrastructure, help protect the
environment, and improve
quality of life in disadvantaged
communities through the
delivery of connected active
transportation networks and
expanded mobility opportunities.

ATIIP grants are administered by
the FHWA. Local governments
are eligible to apply for funds
as long as planning and design
grants requests have planning
and design costs of at least
$100,000 and construction
grants have construction
costs of at least $15 million.

Eligible projects include trails,
pedestrian facilities, bikeways,
and other routes that serve as
backbones to connect two
or more communities with no
funding match required.

State Funding
Opportunities
Active Transportation
Program (ATP)
The Active Transportation
Program (ATP) was created to
encourage increased use of
active modes of transportation.

The ATP consolidates existing
federal and state transportation
programs, including the State
Highway Account, Transportation
Alternatives Program (TAP),
Bicycle Transportation Account
(BTA), and State Safe Routes
to School (SRTS), into a single
program with a focus to make
California a national leader in
active transportation. The ATP is
administered by the Division of
Local Assistance, Office of State
Programs. Local governments are
eligible to apply for ATP funds.

Eligible projects vary from
planning-based projects to
development of new infrastructure
with no funding match required;
however, the ATP does advise
that trail projects that are primarily
recreational should meet the
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federal requirements of the
Recreational Trails Program,
as such projects may not be
eligible for funding from other
sources; however, trails that
serve active transportation
purposes (such as multi-use
paths, Class I bikeways, etc.)
are fully eligible in the ATP and
need not meet the Recreational
Trails Program requirements.

California Natural Resources
Agency Urban Greening
Grant Program
The California Natural Resources
Agency Urban Greening Grant
Program was developed to
fund projects that provide a
wide variety of benefits such
as environmental, health,
and community revitalization
throughout the State. The
proposed 2024 – 2025 state
budget has the fund being
appropriated from the
Greenhouse Gas Reduction
Fund (GGRF). Eligible urban
greening projects will reduce GHG
emissions, mitigate the effects
of extreme heat, and provide
multiple additional benefits. Local
governments are eligible to apply
for Urban Greening Grant funds.

The grant is administered by the
California Natural Resources
Agency. Eligible projects
include the development
of recreational trails. No
funding match is required.

California State Parks Habitat
Conservation Fund (HCF)
The Habitat Conservation Fund
(HCF) is intended to provide
grants to local entities to
protect fish, wildlife, and native
plant resources, to acquire or
develop wildlife corridors and
trails, and to provide for nature
interpretation programs and
other programs which bring
urban residents into park and
wildlife areas. The fund allocates
approximately $2 million each
year to seven unique categories.

Eligible projects include nature
interpretation programs to bring
urban residents into park and
wildlife areas, protection of various
plant and animal species, and
acquisition and development
of wildlife corridors and trails.

The HCF is administered by OGALS
and local governments are
eligible to apply. The fund does
require a dollar-for-dollar match.

Local Funding
Opportunities
Developer Impacts Fees
As a condition for development
approval, local agencies
can require developers to
provide certain infrastructure
improvements, which can include
active transportation projects.

These projects have typically
provided bicycle and pedestrian
facilities on or along the roadway
near the associated project;
however, these fees could be
utilized to develop a trail facility
in proximity to the project. Care
should be taken to demonstrate a
clear nexus between the project
and the mandated improvement
to avoid legal challenges.

New Construction
With the City of Murrieta
still growing, there is ample
opportunity for new residential
and commercial development.

This growth presents the potential
for further expansion of the trail
network. New construction could
be conditioned to require the
development of new trails or
connections to existing ones,
enhancing the trail network in
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118 MURRIETA TRAILS MASTER PLAN
Incorporating Trail Installation and Connectivity in
New Developments
To ensure that new developments contribute to
the city’s trail network, coordination between
the Planning Department and the Community
Services Department (CSD) is essential. As part
of the development review process, these
departments can collaborate to identify
opportunities for new trail installations or
connections to existing trails.

This practice is already in place to some extent,
with CSD reviewing project plans to determine
where trail connections would be most beneficial.

Formalizing this process by incorporating clear
trail connectivity requirements into development
conditions will strengthen the city’s commitment
to expanding and enhancing its trail network,
improving access to recreation and active
transportation for all residents.

Establishing Trail Connectivity as a Development
Requirement
To ensure continuous and well-integrated
trail connections throughout the city, a more
formalized approach to requiring trail connectivity
in new developments is necessary. Currently,
trail planning relies on the General Plan and
designated areas where trails have been preapproved. However, incorporating explicit trail connectivity requirements into zoning codes or
development standards would provide a more
consistent framework for implementation.

By integrating these requirements into the
development review process, City staff can
systematically evaluate proposed projects
and identify opportunities to condition trail
connections as part of project approvals. This
approach will help create a comprehensive
and interconnected trail network that supports
active transportation, recreation, and community
mobility.

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Murrieta Trails
Master Plan
Appendix
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City of Murrieta
Trail Network
Trail
Cutsheets
Appendix B Appendix C
Table of Contents
Community
Outreach
Summaries

Appendix A
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Trail Usage
Chart
Planned and
Recommended
Trail Connections
Appendix D Appendix E

Map of the Planned
Murrieta Creek
Regional Trail
Appendix E

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124 MURRIETA TRAILS MASTER PLAN
Appendix A
Community Outreach Summaries
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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 1 125 WORKSHOP # 1 SUMMARY
DATE: March 20, 2024
TO: CITY OF MURRIETA
FROM: RJM Design Group, Inc.

SUBJECT: Trails Master Plan
Residents of the City of Murrieta were invited to the community workshop to learn about the Trails Master Plan process and to participate in the first survey. Workshop #1 commenced on February 15, 2024 from 6:00pm to 8:00pm at the Alderwood Park Clubhouse. Nineteen (19) attendees participated in the evening workshop. RJM shared an overview of the Trails Master Plan process, City demographics, and existing resources, followed by a brief outline of the evening’s workshop agenda. Workshop participants filled out the survey individually and then discussed their answers to achieve a consensus among their group, the results of the 2/15/24 workshop group activity were as follows: GROUP 1 Are there any barriers or challenges that
prevent you from using trails more often?

1. Signage

2. Connectivity - short trails

3. Concerns about property development
How can the Community Services Department
improve in providing trails to community
residents?

1. Utilize volunteers for maintenance (high
school community services hours / group
hikes with government leaders / volunteers)

2. App where you report issues with pictures

3. More targeted email communication to
build awareness (feature trails, educate,
recruit)
GROUP 2
Are there any barriers or challenges that
prevent you from using trails more often?

1. Awareness

2. Detailed signage

3. Interconnected trails
How can the Community Services Department
improve in providing trails to community
residents?

1. Prioritize funding (most used trails)

2. Cultivate community involvement (5k run)

3. Master plan (dedicated land development)
GROUP 3
Are there any barriers or challenges that
prevent you from using trails more often?

1. Access to trailheads for those with disabilities,
seniors, etc.

2. Mountain bike - no sanctioned trails in
Murrieta (yet MTB is huge here)

3. Continuity of existing trails COT Temecula to
Gertrudis trail, from Thompson MS to Murrieta
Valley High School
How can the Community Services Department
improve in providing trails to community
residents?

1. Safe bike trails (especially ebikes to schools)

2. Include signage / map access in multiple
languages and non tech

3. Take advantage of MTB momentum, local
climate and topography to establish MTB
trails
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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 2 Following the February 15 meeting, a
commencement video of the workshop #1
presentation was made available online on
the project website for those who could not
attend in person. The workshop #1 survey
was available online and paper copies
were available at the city’s recreation
facilities. The survey was open for two
weeks until February 29, 2024.

The workshop #1 survey was advertised on
the City’s social media, City website, and
posters/flyers were displayed at the city’s
parks facilities.

After the February 29 survey close date.

All surveys from the in-person meeting
(individual and group sheets), online
surveys, and paper surveys were combined.

A total of one-hundred and four (104)
surveys were completed.

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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 3 127

1. Where do you live?
Each survey participant indicated
their location as part of the survey.

As illustrated by the map exhibit to
the right, the survey participants
were evenly distributed throughout
the City of Murrieta.
844-04B-Murrieta - Workshop 1
0 1 2 0.5 City of Murrieta - California Miles
Workshop 1
Workshop 1 - 0.5 Miles Buffer
Average Years in City

13.8 2. How long have you lived in the City of Murrieta? The average number of years living in Murrieta was 13.8 years. Most survey partipants have lived in Murrieta for 1-14 years.

Surveys taken
104
Residents: 101 | Non-Residents: 3
The Murrieta Trails Master Plan workshop #1 survey results are as follows:

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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 4

3. Are you currently using the City’s trails? If so, how are you using the Murrieta trails (e.g. walking/hiking, running, biking, equestrian, other)?
• Walking/Hiking: This category includes various activities such as walking, hiking, and walking/hiking, making it the most common activity mentioned among respondents.
• Biking: Many respondents mentioned biking, including regular biking and mountain biking, as their primary activity on the trails. • Running: Running was also a popular activity, with several respondents mentioning using the trails for running or jogging.
• Dog Walking: While not as prevalent as the top three categories, there were several mentions of dog walking as an activity on the trails, either as the primary activity or alongside other activities like hiking or walking. • Other: Some respondents did not specify their activity or mentioned activities not covered by the main categories, such as equestrian activities. A few respondents indicated they do not currently use the City’s trails.

All 104 responses were summarized into categories. The top 5 categories are listed for each survey question. The bar charts illustrate the number of responses received for each of the top 5 categories:

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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 5 129

4. How satisfied are you with the maintenance and overall condition of the trails? • Satisfied with Some Suggestions for Improvement: Many respondents expressed overall satisfaction with trail maintenance but noted areas for improvement such as drainage issues or maintenance concerns without expressing outright dissatisfaction.
• Dissatisfied with Maintenance Quality: Several respondents expressed dissatisfaction with maintenance quality, citing issues such as overgrowth, trash, lack of signage, and inadequate upkeep of trails.
• Neutral/No Opinion: Some respondents did not provide clear opinions on trail maintenance, either because they hadn’t used the trails, were unfamiliar with them, or did not express strong feelings either way.
• Satisfied with Need for More Trails: Respondents in this category generally expressed satisfaction with the current state of trail maintenance but indicated a desire for more trails or an interconnected trail system. • Satisfied with Specific Trail Mentioned: A few respondents specifically mentioned satisfaction with maintenance on certain trails or areas, such as indicating a localized positive experience.

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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 6

5. Are there any barriers or challenges that prevent you from using trails more often? • Trail Conditions and Maintenance: Various concerns about trail conditions, including overgrowth, mud, rutting, narrow spots, fallen trees, and inadequate maintenance, impacting the usability of trails.
• Accessibility and Knowledge: Concerns regarding lack of knowledge about trail locations, amenities, and features, as well as desire for updated trail maps and better trail signage.
• Connectivity and Length of Trails: Frustration with short and disconnected trails, desire for better connectivity between trails for biking and hiking, and concerns about limitations in trail connectivity restricting access to certain areas. • Desired Features and Amenities: Desire for more trails, features like longer trails, shade, and nighttime lighting, improved accessibility for all users, designated bike trails, parking facilities, and regulations for multi-use trails. • Safety and Security: Concerns about safety on trails, including encounters with wildlife, unlawful dirt bike riders, off-leash dogs, and transients, as well as safety issues near streets with careless drivers.

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844-04B City of Murrieta • Trails Master Plan / Workshop #1 Summary Page 7 131 • Trail Access, Expansion, Design, and Amenities: Suggestions related to creating, expanding, designing, and improving amenities on trails, such as adding more trails, improving accessibility, building bike lanes, and enhancing safety measures. • Urban Planning, Development, Conservation, Trail Preservation, and Regulations:

Ideas focused on urban planning, conservation efforts, preservation of trails, regulations enforcement, and incorporating trails into city development plans. • Community Engagement, Promotion, Technology, Feedback Collection, Awareness, Outreach, and Advertising: Recommendations for increasing community engagement, promoting trails through various channels like social media and advertising, collecting feedback, and raising awareness about existing trails.
• Information Provision and Accessibility: Suggestions related to providing better information about trails, including maps, signage, online resources, and improving accessibility for all users.
• Trail Maintenance and Environmental Protection: Recommendations for maintaining trails, addressing environmental concerns such as erosion, promoting cleanliness, and enforcing regulations to protect the environment.

6. How can the Community Services Department improve in providing trails to community residents?
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844-04B City of Murrieta • Trails Master Plan / Workshop #2 Summary Page 1 WORKSHOP # 2 SUMMARY
DATE: April 22, 2024
TO: CITY OF MURRIETA
FROM: RJM Design Group, Inc.

SUBJECT: Trails Master Plan
Residents of the City of Murrieta were invited to the community workshop to learn about the Trails Master Plan process and to participate in the second survey. Workshop #2 commenced on March 28, 2024 from 6:00pm to 8:00pm at the Alderwood Park Clubhouse. Three (3) attendees participated in the evening workshop. RJM shared an overview of the Trails Master Plan process, city demographics, and existing resources, followed by a brief outline of the evening’s workshop agenda. Workshop participants filled out the survey individually and then discussed their answers with the group.

Following the March 28 meeting, a commencement video of the workshop #2 presentation was made available online on the project website for those who could not attend in person.

The workshop #2 survey was available online and paper copies were available at the city’s recreation facilities. The survey was open for over two weeks until April 14, 2024.

The workshop #2 survey was advertised on the city’s social media, city website, posters, and flyers were displayed at the city’s parks facilities.

After the April 14 survey close date, all surveys from the in-person meeting, online surveys, and paper surveys were combined. A total of seventy-seven (77) surveys were completed.

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844-04B City of Murrieta • Trails Master Plan / Workshop #2 Summary Page 2 133

1. Where do you live?
Each survey participant
indicated their location as
part of the survey.

As illustrated by the
map exhibit to the right,
the survey participants
were evenly distributed
throughout the City of
Murrieta.

Average Years in City

13.8 2. How long have you lived in the City of Murrieta? The average number of years living in Murrieta was 13.8 years.

Surveys taken
77 Residents: 63 | Non-Residents: 14
The Murrieta Trails Master Plan workshop #2 survey results are as follows:

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844-04B City of Murrieta • Trails Master Plan / Workshop #2 Summary Page 3 All 77 survey responses were summarized into categories for the open-ended questions. The top 5 categories are listed for those questions.

3. What is the name of the trail most often used or visited? 4 ‘Other’ responses included:
• Murrieta Creek regional improvements (1)
• ? (1)
• Unofficial Trails (1)
• Vernal Pools Trail (1)

4. What do you like about this trail?
Aesthetic Appreciation: Many responses focus on the natural beauty, scenic views, and the serene environment of the trails. This category includes mentions of the landscape, views, and the sense of being away from urban settings.

Accessibility: A significant number of responses highlight how accessible the trails are, noting their proximity to homes, ease of access, and the connection to community centers and important locations.

Recreational Value: The trails are appreciated for their recreational uses, such as walking, biking, and running. Responses in this category often mention the variety of activities supported by the trails and their suitability for different types of users.

Safety and Cleanliness: Cleanliness of the trails and the feeling of safety while using them are often noted. This includes mentions of well-maintained paths, clean environments, and secure surroundings.

Wildlife and Nature: This category captures the enjoyment of the natural elements along the trails, including wildlife sightings, presence of creeks, and lush vegetation.

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135 844-04B City of Murrieta • Trails Master Plan / Workshop #2 Summary Page 4

5. What facilities or amenities do you find most valuable on the city’s existing trails system?
Accessibility: Highlights how accessible the trails are to the community, including their connectivity to important locations like schools, youth centers, and parks, as well as their suitability for users of all abilities.

Basic Amenities: Includes mentions of restrooms, water stations, signage, trash cans, and parking facilities. This category emphasizes the fundamental infrastructure necessary for convenient and comfortable trail use.

Safety Features: Concerns measures implemented on the trails to ensure user safety, such as adequate lighting, clear signage, and provisions for emergencies. It also includes safety in terms of design, such as non-slip surfaces and wide paths.

Environmental Features: Encompasses responses that focus on the natural environment surrounding the trails, including efforts to preserve natural settings, foster wildlife habitats, and maintain an ecological balance that enhances the trail experience.

Trail Maintenance: Focuses on the upkeep and condition of trails. Responses often discuss the need for clean, well-maintained paths that are free of obstacles and debris, ensuring a pleasant user experience.

6. Are there facilities or amenities you believe are missing, lacking, or could be improved on the city’s trails system?
Environmental Conservation and Maintenance: Includes calls for the preservation of open land, the extension of protected areas, and improved maintenance practices to keep trails clean and in good condition. This category highlights the community’s interest in sustaining a healthy, natural environment alongside recreational use.

Trail Amenities: This category includes requests for bathrooms (5), trash cans (5), benches (3), water stations, and dog waste bags. It reflects the community’s desire for more comfortable and convenient facilities along trails.

Trail Connectivity: This category focuses on suggestions for better linking existing trails to one another to create longer, more enjoyable routes and to improve access to different areas of the community.

Trail Information and Signage: Emphasizes the need for better signage, maps at trailheads, and informational signs about local flora and fauna. This category also includes suggestions for QR codes and emergency contact information to enhance trail user experience and safety.

Safety and Accessibility: Concerns in this category involve safety measures like better lighting, surveillance, and the enforcement of rules, especially regarding e-bike use.

It also covers the accessibility issues related to connecting trails at crosswalks and making paths safer for users.

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844-04B City of Murrieta • Trails Master Plan / Workshop #3 Summary Page 1 WORKSHOP #3 SUMMARY
DATE: June 10, 2024
TO: CITY OF MURRIETA
FROM: RJM Design Group, Inc.

SUBJECT: Trails Master Plan
Residents of the City of Murrieta were invited to the community workshop to learn about the Trails Master Plan process and to participate in the third and final workshop survey. Workshop #3 commenced on April 24, 2024 from 6:00pm to 8:00pm at the Murrieta Senior Center.

Thirteen (13) attendees participated in the evening workshop. RJM shared an overview of the Trails Master Plan process, city demographics, existing resources, and shared the results of all community outreach efforts, followed by a brief outline of the evening’s workshop agenda.

Workshop participants filled out the survey individually and then discussed their answers with the group. The group activity was to choose your top 5 trail needs, results were as follows: GROUP 1

1. Safety and Access

2. Trail Maintenance

3. Bike Friendly Trails

4. Signage

5. Add More Hiking and Walking Trails (tied)

5. Connect the Existing Trails (tied)
GROUP 21. Connect the Existing Trails

2. Add More Hiking and Walking Trails

3. Trail Maintenance

4. Bike-Friendly Trails

5. Other: Murrieta Creek Trail
GROUP 31. Connect the Existing Trails

2. Trail Maintenance

3. Bike-Friendly Trails

4. Add More Hiking and Walking Trails

5. Safety and Access
Following the April 24 in-person meeting, a commencement video of the workshop #3 presentation was made available online on the project website for those who could not attend in person. The workshop #3 survey was available online and paper copies were available at the city’s recreation facilities. The survey was open for three weeks until May 15, 2024. The workshop #3 survey was advertised on the city’s social media, city website, posters, and flyers were displayed at the city’s parks facilities. After the May 15 survey close date, all surveys from the in-person meeting, online surveys, and paper surveys were combined and summarized. A total of ninety-six (96) surveys were completed.

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137 844-04B City of Murrieta • Trails Master Plan / Workshop #3 Summary Page 2 Average Years in City
15 2. How long have you lived in the City of Murrieta?
The average number of years living in Murrieta was 15 years.

The survey summary results are as follows:

Surveys taken
96 Residents: 89 | Non-Residents: 7

1. Where do you live?
Each survey participant
indicated their location as part
of the survey.

As illustrated by the map
exhibit to the right, the survey
participants were evenly
distributed throughout the City
of Murrieta.

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3. The following list includes the Murrieta trail needs identified from the community outreach efforts to date.

Please rank all of the trail needs in order of importance. If you feel something is missing from the list, please write it in the ‘Other’ and include a ranking. (1 being the most important and 9 being the least important)
#1 Add More Hiking and Walking Trails (including murrieta creek trail, greer trails) #2 Connect the Existing Trails (including improve trail network and connectivity) #3 Environmental Protection (including preserve natural settings, protect wildlife, preserve creeks, protect and preserve open land, trees & ponds) #4 Bike-Friendly Trails (including more bike trails, improve bike trails, provide mountain bike trails, improve bikeway network, trails for eBikes) #5 Trail Maintenance (including trail conditions and maintenance, clean trails, long-term trail maintenance, flatter trails, multi-use decomposed granite surface, native plantings, trail repairs)
#6 Provide Trail Amenities (including dog waste stations, drinking fountains, benches, trash cans, parking, restrooms, features for children) #7 Safety and Access (including improved safety, trail safety, trail accessibility, trail safety features, ADA trail access, no motorized vehicles) #8 Signage (including kiosk, trail markers, difficulty level, type of trail, trail rules, plants, animals)
#9 Promote/Advertise Trails (including provide more trail information, community outreach, trail awareness, city trails map)
Additional ideas included:
• Community Bee Farms
• Swimming Options
• Unauthorized Use (Homeless)
• We Don’t Need, Low Priority. Too Many Apts!
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844-04B Murrieta • Trails Master Plan / Feedback Comments Summary Page 1 139

CITY OF MURRIETA

TRAILS MASTER PLAN

FEEDBACK COMMENTS SUMMARY
21 COMMENTS COLLECTED (06/25/2024)

TRAIL NEED FROM FEEDBACK COMMENT TIMES MENTIONED
Accessibility (to nature, to trails) 3
Build new trails (Vineyard Trail, Murrieta Creek Trail) 4 Connect existing trails and new trails 10
Dog Park / Extension (dog friendly trails, water stations) 2 Parking 1
Pump Track 1
Preserve Cole Canyon Trails 1
Running trails that are dirt or DG 1
Trails map with location and if parking is available 1
Safe bike routes and trails to schools (away from vehicles; trail under bridge at Kelly Del Oso Oro)
4 Safe trails 2
Signage (locations, parking, landmarks, art, historical signage, community leaders, native plants, animals, topography, snakes, trail markers) 8 Utilize Creek Under Clinton Keith 1
Trail maintenance (cracks in asphalt) 2
Walking trails 3
Water Features / Creeks 1

1. Improve trail connectivity: Improving connectivity will make it easier for people to access and navigate the trail system. Creating a comprehensive trail system that connects all existing trails will improve accessibility and allow residents to fully enjoy the natural beauty of the area. Connect trails between parks, neighborhoods, and schools: This is important because it will provide a safe route for children to ride their bikes between their neighborhood and their school, reducing traffic congestion and improving safety

2. Incorporate signage and educational aspects: Adding identification markers for native plants, animals, and topography, as well as providing information about landmarks and historical places, will enhance the educational value of the trails and provide a more enriching experience for visitors.

3. Enhance safety of trails: Providing safe off-road trails for hiking, running, and biking will promote outdoor physical activity and improve the overall well-being of the community.

This includes separate bike lanes and trails that are separate from roads to ensure the safety of cyclists. Repairing cracked asphalt and better trail maintenance was also mentioned.

4. Build new trails: Murrieta Creek Trail and Vineyard Trail were both mentioned, as well as general requests for more trails for walking and running.

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140 844-04B Murrieta • Trails Master Plan / Feedback Comments Summary MURRIETA TRAILS MASTER PLAN Page 2 Comments:

1. Dear Murrieta Trails Planning Committee, I cannot attend your first meeting, but I’d like to submit my comments for consideration. We live in the Copper Creek neighborhood that borders the Thompson Airfield open space on Hayes Rd. I’d like to request that you strongly and immediately consider connecting the trails between Sykes Ranch Park (by Thompson Middle School) and Cole Canyon Elementary (Copper Canyon neighborhood). The Copper Canyon neighborhood children make up the majority of students that attend Thompson Middle and Murrieta Valley High Schools. Today, there is no safe route for kids to ride their bikes between their neighborhood and their school. As a result, parents drive their children and Washington Ave. has become a parking lot. The kids that do ride have no safe bike lanes on Washington, and are cutting through the Ralph’s shopping center, riding on sidewalks, and risking their lives on Washington. I suggest creating a trail through the Thompson Airfield to Sykes.

2. I would love to see walking trails connecting copper canyon to nighthawk road.

3. Please please please!!! Build this trail!! Kids get hit and injured A TON when riding home by the Ralph’s shopping center. This would be a great alternative to keep them off the roads.

4. More signage and inter connectivity of the whole network

5. I would like to see more information posted about the city, perhaps some sustainable landmarks, art installations, commemorating historical places, citiizens, and civic leaders.

Make more dog friendly trails and water stations.

6. I would like to see trails to walk with my kids(teens) and maybe our dog. Water features/creeks are a plus. I have seen parks with huge lakes which are considered dog parks for dogs to swim and play. Miami Florida has a pump track for skateboarding/biking which is great for beginners and young kids. Parking is also a plus.

7. I live in copper canyon and my children attend Murietta Valley and Thompson Middle School. I would like a trail to go under the bridge at Calle del Oso Oro so the kids don’t have to cross the busy street. That same trail should also travel through Thompson to the schools.

8. I’m most concerned over the preservation of Cole Canyon trails in west Murrieta.

9. It would be great to use the creek that runs under Clinton Keith near Grand Ave as a trail that went all of the way down to Temecula.

10. We have a small group of ladies who want to start doing all of the hiking trails in Murrieta. With that in mind, I went to the city’s page and found out this master plan was happening and a couple of us will come to the second meeting at the end of March. In the meantime to get us started, I just want directions to each trail and where to park. That is the most important thing.

However, the city only has the park addresses available and on that list it doesn’t even show if there is a hiking trail, so that list needs updated. Also you show 16 trails, the web page says 15 so that needs updated. And last, we need the location and direction of each of the trails.

Thank you.

11. I walk a lot on the trails in the neighborhood. One of the issues we have is lack of connectivity.

Many of the trails end at a road - start again on the other side and there is no safe crossing without walking up to another crossing hundreds of yards away.

12. I’d like to see more educational aspects incorporated, such as identification markers for native plants, animals, and topography. If there is a viewpoint, for example, I’d like to know what mountain peak I’m seeing! Summit height, distance from that point, etc.

13. Please look at linking all current trails together as well as preparing a trail system along the river bed of Murrieta to Temecula so residents can enjoy the many downtown areas food and boutiques thus increasing small businesses to thrive. We love Murrieta and would love to see us utilized our beautiful surroundings of old highway 395 and the Mountain View’s.

14. It would be cool to have a bike trail or multipurpose trail that connects many of the existing trails. It would be nice to have more clear signage of trails.

15. I really enjoyed and appreciate the meeting yesterday for trails and hiking. I do believe we need to have labels or boards with different various types of wildlife spotted in each area focusing on the top 3 snake species and there harmful rating or none. The presentation was great having someone to speak directly with and great info hearing others needs and opinions.

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844-04B Murrieta • Trails Master Plan / Feedback Comments Summary Page 3 141

16. Vineyard Trails. Secure & maintain access to a well-used community resource; enhance community well-being with access to local nature trails and a safe place to run/hike/ride away from traffic. Provide for continued access to trails in areas known as “Vineyard” & “Airport”; connect these trails to existing city trails; provide signage to mark trails. Local distance runners need safe places to run off-road; DG & dirt are far superior to concrete & asphalt as running surfaces for injury prevention. While currently accessed by hundreds of people weekly, the area is periodically made inhospitable for community usage by trails being plowed, parked cars receiving threats of parking citations, & “No Trespassing” signs posted.

City Trails Map shows trails exist here but they are not marked; it is not clear where boundaries between public & private land are; not clear where parking is or isn’t permitted.

17. Vineyard to Cole Canyon & Copper Canyon. Enhance safety & well-being of community hikers & runners; provide access to safe, off-road connected trails to cover a route of 5-10 continuous miles; provide trail signage. Connecting Vineyard trails to existing trails around Cole Cyn & Copper Cyn Fitness Route will create an extensive network of community trails through natural areas. Santa Rosa Nature Reserve requires a drive & is frequently closed to the public; a local trail network would be an invaluable community resource; Cole Canyon trails could be easily connected to Santa Rosa Plateau trails.

18. Murrieta Creek Trail. Increase outdoor recreational opportunities in a natural setting for community & regional residents; preserve natural habitats. Murrieta Creek Trail thru Murrieta is part of a multi-city network of trails along the creek providing an ideal environment for habitat preservation & recreational opportunities. Meetings & hearings were held with local citizens, the cities of Temecula & Murrieta, & the Army Corps of Engineers 30 years ago for the purpose of building a natural creek recreational area along the creek (vs. a paved channel). Since the 1990s, other efforts have followed but not come to fruition in Murrieta--a 2015 map shows the proposed Murrieta Creek Trail thru Murrieta as it would connect to Temecula & Wildomar; Murrieta has dropped the ball on this project & should complete our portion.

19. Murrieta Bike Trails. Increase the safety & well-being of community residents, in particular young people, & encourage outdoor physical activity with a City-wide network of safe bike lanes & trails. Provide safe bike routes from residential areas to schools to minimize dependence on cars & promote physical activity; connect parks, schools, commercial & residential areas. For safety, bike lanes & trails MUST be separate from roads--a narrow bike lane on the street is NOT a safe place for most people to ride a bicycle. Traffic on streets marked 45mph travels at 45-60mph; many drivers are driving distracted; local drivers are NOT well-versed on how to “Share the Road”. Bicycles & especially E-bikes ridden on sidewalks for the rider’s safety pose significant hazards to pedestrians. Many excellent examples of thoughtful community-planning to include & encourage bicycle riding exist (e.g. Davis, CA; Doylestown, PA Bike/Hike System).

20. Use city trails for walking/hiking; Not very satisfied with maintenance and overall condition of trails; Barriers or challenges preventing use of trails include many of the trails are closed or gated off, and they’re not connected very well; Community services department can improve in providing trails by making them more accessible.

21. Uses the trails for walking/hiking and running; Not satisfied with the maintenance and condition of the trails; Barriers and challenges preventing trail use includes steep hill near Las Brisas Rd; Community services department can improve in providing trails by repairing cracked asphalt walkways. DRAFT
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142 844-04B Murrieta • Trails Master Plan / Stakeholder Interview Summary MURRIETA TRAILS MASTER PLAN Page 1

CITY OF MURRIETA

TRAILS MASTER PLAN

STAKEHOLDER INTERVIEW SUMMARY
April 23, 2024

INTRODUCTION
Stakeholder interviews were conducted between January 22 and March 8, 2024.

Seven (7) questions were asked of fourteen (14) community stakeholders including city councilmembers, commissioners, school district representative, and community leaders.

Stakeholders were emailed a questionnaire related to the Trails Master Plan. They were asked to fill out the questionnaire, then later schedule a video conference interview with an RJM representative to discuss their responses in more detail. The following is a summary of their responses to each of the questions. The number column indicates how many people said the response. Top responses are highlighted in bold.

QUESTION #1
What are the most important issues in Murrieta related to the trails currently provided? Signage (with dificulty levels, amenities, if they are public, directional, type of trail, kiosk, trail markers)
6 Update trails map (include trail information, access, and parking) 5 Connected trails (connect to parks, connected trail network, city loop, connect to shopping and downtown)
5 Trail maintenance (clean, long-term maintenance) 3
Bike lanes (Class 1 separated, protected lanes, cycle paths) 1 Creating ADA accessibility and trails for all abilities 1 Educating the public about trails 1
Funding 1
Hillside project (community trail being taken over by special interest groups) 1 Land acquisition 1
Safe trails 1
Trails only for equestrians and pedestrians (no ebikes) 1 QUESTION #2
What are the most important trail features or trail amenities for residents in the future? Signage (trail identification, signage, difficulty levels, historical plants and animals, rules and signs)
5 Connectivity (connect Wildomar/Murrieta/Temecula, connected network of trails, paths, and bikeways)
3 Maintenance 3
Dog waste stations 2
Separate walking and biking paths 2
Trail safety 2
Knowledge of trails 1
Protected land 1
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844-04B Murrieta • Trails Master Plan / Stakeholder Interview Summary Page 2 QUESTION #3
What does the Community Services Department do best in providing trails to community residents?
Trails map 3
They need to connect isolated trails 2
They need to publicize the trails / Didn’t know Murrieta has official trails 2 Trails for exercise (loop areas like Town Square, places for physical activity) 2 Allows horses, people, and wildlife to use open space 1 Trail identification and signage 1
QUESTION #4
How can the Community Services Department improve in providing trails to community residents?
Advertise / marketing of trails (how to access them on Facebook or city website, difficulty levels, communication about trails maps, community outreach on existing trails/locations/access points, promote benefits of trails) 7 Connecting trails (connections for cole canyon trail system to murrieta creek, murrieta equestrian center, connections for murrieta trail system to wildomar trail system, grand avenue and klinton road, connections at pond park to adobe springs, up warm springs drainage, connect trails to areas of open space for riding and hiking, connected safe trail and bikeway network)
3 Experienced people to organize and suport these spaces 1 Historical walk through the City (“trail-a-month”) 1
Plan trails that are safe and inviting to all ages and abilities 1 Santa Rosa Plateau in city (trail sign as sample) 1
Trail identification / signage 1
QUESTION #5
What is your vision for trails in 2034?
Connected and expanded trail system (trail system that connects to surrounding cities, expansions and connections wherever possible, trails should start at equestrian center and go up and down the riverbed, people should be able to ride from equestrian center to the los alamos area with areas to cross over or under the freeways, look at ways to improve trails, expand trails, connected and safe trail and bikeway system 5 Resident knowledge of trails and benefits of trails (encourage people to ride, walk, and roll)
3 Clean, safe, and well maintained trails 2
Be a model for trails system in the Inland Empire 1
Comprehensive trail guide with difficulties and connections 1 More trail amentiies like rest areas, trash cans, and dog waste stations along trails 1 Priority on equestrian activities to improve equestrian center 1 Separate bike and walking trails 1
Trails include historical features and elements 1
Utilize and develop outdoor living community 1
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144 844-04B Murrieta • Trails Master Plan / Stakeholder Interview Summary MURRIETA TRAILS MASTER PLAN Page 3 QUESTION #6
What is one trail feature or trail amenity you would most like to see added or improved in Murrieta to meet the needs of the community? Signage (interpretive panels, trail markers, difficulty ratings, trail head information) 4 Connected trails (city loop, connected bikeways and trail) 2 Detailed list of trails with difficulties and amenities 1 Innovative trail and “outside the box” facilities 1
Paved “sidewalk” trails for ADA access 1
Preserve nature and outdoor spaces, stop building homes 1 Pump trail for bikes 1
Separate biking and hiking trails 1
Shade 1
QUESTION #7
What is one program, class, or activity you would most like to see added or improved in the Murrieta trail system to meet the needs of the community? Hiking class/program (hiking preparedness, Hiking 101 class, group hikes weekly or monthly led by recreation employee, hiking club to promote trail use and activitity) 4 Market/promote where trails are and what is allowed use 3 Nature trail walks 3
Comprehensive trail system with surrounding cities 1
Equestrian center should be starting and ending point for the trails 1 Focus on the murrieta creek regional trail 1
Modern parks and trails developed 1
Nature center 1
Trail fitness class/program 1
“Trail of the month” 1
Volunteer program about history (cole canyon, los alamos, adobe springs) 1 Additional Comments:
◊ Promotional campaign on what programs are offered.
◊ Trails are hidden from most residents; marketing of trails must be done. ◊ Bike trails - dedicated trails for different elements. ◊ Would love to see the equestrian center utilized in the community. ◊ Juniper trails is outlet for youth providing safe equine education and contributes to the old town rural feel.
◊ Would love for more of the commuity to experience equine life. ◊ City can do better on trail system for future generations. ◊ Ebikes don’t mix with the trails.
◊ Trail information shoud be easily available.
◊ Be innovative.
◊ Park maintenance was in CSD, moved to public works.

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Appendix B
City of Murrieta Trail Network
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City of Murrieta

1. California Oaks Trail

1.0 Miles, Native Soil, 5-10 ft

2. Cole Canyon Trail

3.3 Miles, D.G./Native Soil, 4-12 ft

3. Copper Canyon Trail

1.6 Miles, D.G./Native Soil, 8-14 ft

4. Creekside Village Trail

0.8 Miles, Native Soil, 8-14 ft

5. Falcon’s View Trail

0.5 Miles, Native Soil, 4-8 ft

6. Las Brisas Trail

1.1 Miles, Asphalt, 8-14 ft

7. Lincoln Ranch Trail

0.6 Miles, D.G., 8-14 ft

8. Los Alamos Hills Trail

1.6 Miles, D.G., 8-14 ft

9. Mapleton Trail East

0.3 Miles, D.G., 20-30 ft

10. Mapleton Trail North

0.8 Miles, Native Soil, 8-14 ft

11. Mapleton Trail West

0.8 Miles, Concrete/D.G., 5-8 ft

12. Murrieta Oaks Trail

0.2 Miles, Native Soil, 8-14 ft

13. Pond Park Trail

0.3 Miles, Concrete, 5-8 ft

14. Rail Ranch Trail

0.2 Miles, Asphalt, 8-14 ft

15. Rancho Acacias Trail

0.7 Miles, Asphalt, 8-14 ft

16. Rancho Los Alamos Trail System

8.1 Miles, Native Soil, 4-12 ft

17. Sycamore Ranch Trail

0.7 Miles, D.G., 8-14 ft

18. Toulon Trail

0.8 Miles, Native Soil, 4-12ft

19. Warm Springs Trail

0.2 Miles, Concrete/Native Soil, 2-5 ft
1 2
3 5
6 78
11 9
14 13
15 17
18 12
19 16
4 10
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148 MURRIETA TRAILS MASTER PLAN
Appendix C
Trail Cutsheets
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149
City of Murrieta

0.56 Miles

0.44 Miles
Trail Details
Difficulty: Easy
Trail Length: 1.0 Mile
Trail Width: 5-10 ft
Trail Material: Native Soil
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access
Point
DRAFT
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150 MURRIETA TRAILS MASTER PLAN
Trail Use
Walking/JoggingHorseback Riding
Biking
Trail Amenity Inventory
Open Access Point Street Parking within 500 ft of an Access Point Parking Lot
Out of Service Access Point
Trail Details
Difficulty: ModerateTrail Length: 3.3 MilesTrail Width: 4-12 ftTrail Material: Decomposed Granite/ Native Soil
City of Murrieta
Street Crossing with Trail Access

0.3 Miles

0.2 Miles 1 0. 3 Mi el s
s
e
l
i
M
7 2
.
0 0.18 Miles
3 . 0
l
i
M
4 se
. 0
M
62 eli s

0.74 Miles
DRAFT
744
1 4
2 3
151
Trail Amenity Inventory
Open Access
Point Parking Lot
Street Parking
within 500 ft of
an Access Point
Street
Crossing with
Trail Access
Restroom
Trail Use
Walking/Jogging
Trail Details
Difficulty: Easy
Trail Length: 1.56 Miles
Trail Width: 8-14 ft
Trail Material: Decomposed Granite/
Native Soil
Access
Path
City of Murrieta

0.23 Miles

0.13 Mile s

0.07 Miles

0.24 Miles

0.35 Miles

0.13 Miles 0.16 Miles

0.23 Mile s
Lower Copper
Canyon Park
Upper Copper
Canyon Park
Bear Valley
Park
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152 MURRIETA TRAILS MASTER PLAN

0.12 Miles
Trail Details
Difficulty: Easy
Trail Length: 0.79 Miles
Trail Width: 8-14 ft
Trail Material: Native Soil
Trail Use
Walking/Jogging Biking
Creekside
Village
Green Park

0.13 Miles

0.27 Miles

0.19 Miles

0.8 Miles
Trail Amenity Inventory
Open Access
Point Parking Lot
Street Parking
within 500 ft of
an Access Point
DRAFT
746
1423
153
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access Point
Street Parking within 500 ft of an Access Point
Trail Details
Difficulty: StrenuousTrail Length: 0.51 MilesTrail Width: 4-8 ftTrail Material: Native Soil

0.22 Miles 0 2. 9 Mi el s
Access Path
Falcon’s View
Park
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Access
Path
Trail Details
Difficulty: Easy
Trail Length: 1.14 Miles
Trail Width: 8-14 ft
Trail Material: Asphalt
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access
Point
Street Parking within 500 ft
of an Access Point

0.43 Miles

0.34 Miles

0.10 Miles

0.27 Miles
Murrieta
Barrat Park
Century
Park
Street parking OK except
between 2AM-6AM
Street parking
OK except
between
2AM-6AM
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155
Trail Details
Difficulty: Moderate
Trail Length: 0.59 Miles
Trail Width: 8-14 ft
Trail Material: Decomposed Granite
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access
Point
Street Parking
within 500 ft of
an Access Point

0.06 Miles

0.06 Miles
0 0. 7 Miles
0 17 . Miles 0 2. 4 Miles DRAFT
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156 MURRIETA TRAILS MASTER PLAN
Trail Amenity Inventory
Open Access
Point Parking Lot
Street Parking
within 500 ft of
an Access Point
Street
Crossing with
Trail Access
Restroom
Trail Details
Difficulty: Easy
Trail Length: 1.57 Miles
Trail Width: 8-14 ft
Trail Material: Decomposed
Granite
Trail Use
Walking/Jogging
Biking
Los Alamos Hills
Sports Park

0.61 Miles

0.11 Miles 0.07 Miles

0.33 Miles

0.19 Mile

0. s
17 Miles
DRAFT
750
1 4
2 3
157
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access
Point
Street Parking
within 500 ft of
an Access Point
Street
Crossing with
Trail Access
Trail Details
Difficulty: Easy
Trail Length: 0.33 Miles
Trail Width: 20-30 ft
Trail Material: Decomposed Granite

0.22 Miles 0.10 Miles
DRAFT
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158 MURRIETA TRAILS MASTER PLAN
Trail Use
Biking Walking/Jogging
Trail Amenity Inventory
Open Access Point
Street Parking within 500 ft of an Access Point
Trail Details
Difficulty: EasyTrail Length: 0.76 MilesTrail Width: 8-14 ftTrail Material: Native Soil

0.11 Miles
O.06 Miles O.06 Miles O.06 Miles O.06 Miles O.06 Miles O.05 Miles O.05 Miles O.07 Miles O.07 Miles O.07 Miles 0.04 Miles DRAFT
752
1423
159
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access Point
Street Parking within 500 ft of an Access Point Parking Lot Restroom Trail DetailsDifficulty: EasyTrail Length: 0.75 MilesTrail Width: 5-8 ftTrail Material: Decomposed Granite/ Concrete

0.12 Miles
0 1. 4 Mi el s

0.24 Miles
0 . 0
M
5 eli s
0 .03
Miles
0 0. 7 Miles
Mapleton Park

0.08 Miles
Access
Path
DRAFT Access Path
753
1 4
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Trail Details
Difficulty: Easy
Trail Length: 0.19 Miles
Trail Width: 8-12 ft
Trail Material: Native Soil
Trail Use
Walking/Jogging
Trail Amenity Inventory
Open Access
Point
Street Parking within 500 ft
of an Access Point
Oak Terrace
Park

0.19 Miles
DRAFT
754
1 4
2 3
161
Trail Details
Difficulty: Easy
Trail Length: 0.3 Miles
Trail Width: 5-8 ft
Trail Material: Concrete
Trail Use
Walking/Jogging
Trail Amenity Inventory
Open Access
Point

0.30 Miles
Pond Park
DRAFT
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Trail Details
Difficulty: Easy
Trail Length: 0.24 Miles
Trail Width: 8-14 ft
Trail Material: Asphalt
Trail Use
Walking/Jogging
Trail Amenity Inventory
Open Access
Point
Street Parking within 500
ft of an Access Point

0.24 Miles
DRAFT
756
1 4
2 3
163
Trail Details
Difficulty: Easy
Trail Length: 0.66 Miles
Trail Width: 8-14 ft
Trail Material: Asphalt
Trail Amenity Inventory
Open Access
Point
Street Parking
within 500 ft of
an Access Point
Street
Crossing with
Trail Access

0.34 Miles

0.05 Miles

0.16 Miles
0 1. 0 Miles
Rancho
Acacias Park
Trail Use
DRAFT
Walking/Jogging Biking
757
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2 3
164 MURRIETA TRAILS MASTER PLAN
Trail Amenity Inventory
Open Access
Point
Street Parking
within 500 ft of
an Access Point
Out of Service
Access Point
Trail Details
Difficulty: Moderate
Trail Length: 8.12 Miles
Trail Width: 4-12 ft
Trail Material: Native Soil
Trail Use
Walking/Jogging Biking
City of Murrieta

0.32 Miles

0.51 Miles

0.50 Miles

0.29 Miles

0.92 Miles

0.59 Miles

0.21 Miles

0.17 Miles

0.68 Miles

0.72 Miles

0.69 Miles

0.16 Miles

0.44 Miles
Monte Vista
Park
Palomar
Park
Northstar
Park
DRAFT
758
1 4
2 3
165
Trail Details
Difficulty: Easy
Trail Length: 0.72 Miles
Trail Width: 8-14 ft
Trail Material: Decomposed Granite
Trail Use
Walking/Jogging Biking
Trail Amenity Inventory
Open Access
Point
Street Parking within
500 ft of an Access Point
Access
Path
Access
Path

0.20 Miles

0.15 Miles
0 2. 0
Miles

0.13 Miles
Rosewood
Park
DRAFT
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Trail Use
Biking Walking/Jogging
Trail Amenity Inventory
Open Access Point
Street Parking within 500 ft of an Access Point
Trail Details
Difficulty: ModerateTrail Length: 0.76 MilesTrail Width: 4-12 ftTrail Material: Native Soil Toulon Park
0 7. 6 Mi el s
DRAFT
760
1423
167
Trail Use
Walking/Jogging
Trail Amenity Inventory
Open Access Point Parking Lot
Trail Details
Difficulty: ModerateTrail Length: 0.24 MilesTrail Width: 2-5 ftTrail Material: Concrete/ Native Soil City of Murrieta
Warm Springs
Park & Reserve
M
42 .
0 eli s
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Appendix D
Trail Usage Charts
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0 908070605040302010
Thursday Friday Saturday Sunday
Daily Users
Day
Rancho Acacias Trail Daily Usage
Pedestrian Bicyclist Equestrian
DRAFT
764
1423
171
86420
1210
12:00 AM
12:15 AM
12:30 AM
12:45 AM
1:00 AM
1:15 AM
1:30 AM
1:45 AM
2:00 AM
2:15 AM
2:30 AM
2:45 AM
3:00 AM
3:15 AM
3:30 AM
3:45 AM
4:00 AM
4:15 AM
4:30 AM
4:45 AM
5:00 AM
5:15 AM
5:30 AM
5:45 AM
6:00 AM
6:15 AM
6:30 AM
6:45 AM
7:00 AM
7:15 AM
7:30 AM
7:45 AM
8:00 AM
8:15 AM
8:30 AM
8:45 AM
9:00 AM
9:15 AM
9:30 AM
9:45 AM
10:00 AM
10:15 AM
10:30 AM
10:45 AM
11:00 AM
11:15 AM
11:30 AM
11:45 AM
12:00 PM
12:15 PM
12:30 PM
12:45 PM
1:00 PM
1:15 PM
1:30 PM
1:45 PM
2:00 PM
2:15 PM
2:30 PM
2:45 PM
3:00 PM
3:15 PM
3:30 PM
3:45 PM
4:00 PM
4:15 PM
4:30 PM
4:45 PM
5:00 PM
5:15 PM
5:30 PM
5:45 PM
6:00 PM
6:15 PM
6:30 PM
6:45 PM
7:00 PM
7:15 PM
7:30 PM
7:45 PM
8:00 PM
8:15 PM
8:30 PM
8:45 PM
9:00 PM
9:15 PM
9:30 PM
9:45 PM
10:00 PM
10:15 PM
10:30 PM
10:45 PM
11:00 PM
11:15 PM
11:30 PM
11:45 PM
Users
Time
Rancho Acacias Trail Total Usage
Thursday Friday Saturday Sunday
DRAFT
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0 50
300250200150100
Thursday Friday Saturday Sunday
Daily Users
Day
Las Brisas Trail Daily Usage
Pedestrian Bicyclist Equestrian
DRAFT
766
1423
173
50 25201510
12:00 AM
12:15 AM
12:30 AM
12:45 AM
1:00 AM
1:15 AM
1:30 AM
1:45 AM
2:00 AM
2:15 AM
2:30 AM
2:45 AM
3:00 AM
3:15 AM
3:30 AM
3:45 AM
4:00 AM
4:15 AM
4:30 AM
4:45 AM
5:00 AM
5:15 AM
5:30 AM
5:45 AM
6:00 AM
6:15 AM
6:30 AM
6:45 AM
7:00 AM
7:15 AM
7:30 AM
7:45 AM
8:00 AM
8:15 AM
8:30 AM
8:45 AM
9:00 AM
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DRAFT
767
1423
174 MURRIETA TRAILS MASTER PLAN
0 50
300250200150100
Thursday Friday Saturday Sunday
Daily Users
Day
Rancho Los Alamos Trail Daily Usage
Pedestrian Bicyclist Equestrian
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768
1423
175
0 605040302010
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Users
Time
Rancho Los Alamos Trail Total Usage
Thursday Friday Saturday Sunday
DRAFT
769
1423
176 MURRIETA TRAILS MASTER PLAN
0 600500400300200100
Thursday Friday Saturday Sunday
Daily Users
Day
Cole CanyonTrail Daily Usage
Pedestrian Bicyclist Equestrian
DRAFT
770
1423
177
50 4540353025201510
12:00 AM
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Users
Time
Cole Canyon Trail Total Usage
Thursday Friday Saturday Sunday
DRAFT
771
1423
178 MURRIETA TRAILS MASTER PLAN
0 908070605040302010
Thursday Friday Saturday Sunday
Daily Users
Day
Mapleton Trail West Daily Usage
Pedestrian Bicyclist Equestrian
DRAFT
772
1423
179
86420
141210
12:00 AM
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180 MURRIETA TRAILS MASTER PLAN
Appendix E
Planned and Recommended
Trail Connections
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774
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Map of The Planned Murrieta Creek
Regional Trail
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Murrieta Creek Regional Trail
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Roadway crossing treatments
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Pedestrian/bicyclist bridge
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777
01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT
Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement between the City of Murrieta and RJM Design Group, Inc.

Agreement Effective Date: August 15, 2023
Agreement Termination Date: December 31, 2026
Consultant Name: RJM Design Group, Inc.

Brief Description of Scope of Services (“Services”): Parks and Recreation Master Plan and Trails Master Plan Services
This Amendment to the Agreement, made effective on the date executed by the City by and between the City of Murrieta, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("City"), and the above referenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.

Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.

Whereas, City and Consultant wish to amend the Agreement as further set forth herein.

Whereas, the Agreement was previously modified by the following prior amendments: 0

AMENDMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:

1. The above recitals are true and correct.

2. The following terms of the Agreement are hereby amended to read as follows:

An increase in consideration to Consultant as follows:
$11,500 for additional services for the Parks and Recreation Master Plan, and $19,375 for additional services for the Trails Master Plan

3. All other conditions of the Agreement shall continue in full force and effect. 778
01375.0001/937862.4 -2-
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.

Signature Page to Follow.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Justin Clifton, City Manager
ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:

CONSULTANT:

Two corporate officer signatures required when
Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.

By:

Name:

Title:

Date:

By:

Name:
779
01375.0001/937862.4 -3-
Title:

Date:
780

CITY OF MURRIETA
City Council Meeting Agenda
Report
6/3/2025
Agenda Item No. 8.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Ruben Romero, Accountant
SUBJECT:

Rescind Resolution No. 08-1916 and Change the Uncollectible Receivable Policy to an Administrative Policy

RECOMMENDATION
Adopt Resolution No. 25-4834, A Resolution of the City Council of the City of Murrieta, California, Rescinding Resolution No. 08-1916 and Change the Uncollectible Account Receivable City Council Policy to an Administrative Policy.

PRIOR ACTION/VOTE
On January 15, 2008, the City Council adopted Resolution No. 08-1916, approving the Policy for Uncollectible Accounts Receivable (Vote: 5-0).

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

BACKGROUND
The City of Murrieta (City) currently has outstanding delinquent accounts. As is the case with all municipalities, the collection of uncollectible accounts receivable is an ongoing occurrence. The City established its initial policy in 2008, recognizing the importance of sound fiscal management by ensuring that amounts owed to the City were collected through diligent efforts.

The current policy outlines procedures for staff and requires City Council approval for write-offs exceeding $50. After the City has completed its due diligence, the Director of Finance is authorized to write off amounts of $50 or less. As part of best management practices, periodic updates to policies and procedures are necessary to enhance efficiency and align with industry standards.

Following a review of uncollectible accounts receivable policies from other municipalities and best management practices, the Finance Department found that most policies were administrative and approved by the City Manager. As a result, staff requests City Council authorize this as an administrative policy.

CITY OF MURRIETA Page 1 of 2 Printed on 5/29/2025
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6/3/2025
Agenda Item No. 8.

Industry comparisons also indicated that municipalities generally allow the Director of Finance to approve write -offs ranging from $1,000 to $5,000, while City Managers may approve amounts between $5,000 and $10,000.

Given these benchmarks, the Finance Department opted for a more conservative approach to ensure fiscal responsibility. The proposed policy suggests write-off thresholds be established as follows:
· Write-offs up to $1,000 may be approved by the Director of Finance; · Write-offs up to $5,000 may be approved by the City Manager; and · Write-offs exceeding $5,000 will require City Council approval.

Additionally, the proposed policy clarifies the write-off criteria for a past-due account and requires an annual report to be provided to the City Council summarizing all written-off accounts.

The Finance Department is actively issuing notices to past-due accounts in compliance with the proposed policy. Additionally, a list of past-due accounts that qualify for write-offs is being compiled for accounts at the Director of Finance and City Manager levels, which will be finalized by the end of the Fiscal Year 2024/25. A report of the accounts that meet the criteria for write-off for Fiscal Year 2024/25 will be brought to the City Council.

The proposed policy has been reviewed and approved by the City Attorney. It has also been reviewed by the City Manager. Staff recommends reclassifying the policy as an administrative policy, so that any future amendments will be reviewed and approved by the City Manager.

FISCAL IMPACT
There is no fiscal impact associated with the recommended item. The policy update may lead to the recognition of bad debt expense and adjustments to the amounts reported as accounts receivable on the City's balance sheet.

ATTACHMENTS

1. Resolution No. 25-4834

2. Uncollectible Accounts Receivable Administrative Policy - Clean Version

3. Uncollectible Accounts Receivable Administrative Policy - Redline Version

4. FY08 Uncollectible Accounts Receivable Policy and Resolution No. 08-1916 CITY OF MURRIETA Page 2 of 2 Printed on 5/29/2025
powered by Legistar™782
RESOLUTION NO. 25-4834

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, RESCINDING RESOLUTION NO. 08-1916

AND CHANGE THE UNCOLLECTIBLE ACCOUNT RECEIVABLE CITY

COUNCIL POLICY TO AN ADMINISTRATIVE POLICY
WHEREAS, the City of Murrieta provides various services to the community for which it recovers costs through fees; and
WHEREAS, it is best management practice to adopt an uncollectible receivable policy that sets procedures and criteria for collecting fees and writing off bad debts; and WHEREAS, on January 15, 2008, the City Council adopted Resolution No. 08-1916, approving the Policy for Uncollectible Accounts Receivable; and WHEREAS, as part of best management practices, periodic updates to policies and procedures are necessary to enhance efficiency and align with industry standards; and WHEREAS, staff recommends that this policy be changed to an Administrative level to ensure the policy is updated, reviewed, and approved more frequently by the City Manager.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS
Section 1. Rescind Resolution No. 08-1916 and change the uncollectible account receivable City Council Policy to an Administrative Policy.

PASSED AND ADOPTED this 3rd day of June, 2025.
___________________________
Cindy Warren, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
783
RR 5/08/09
2 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 25-4834 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 3rd day of June, 2025, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, City Clerk
784
01375.0007 2003537.3 1
City of Murrieta
Administrative Policy

UNCOLLECTIBLE ACCOUNTS RECEIVABLE POLICY
DATED: April 28, 2025
I. Purpose
The purpose of this policy is to establish procedures regarding the write-off of uncollectible receivables.

To ensure strong financial management practices, proper controls over revenues are imperative in accounts receivable management and general oversight over the various revenues, including fees and developer deposits, collected. Efforts should be made to pursue the timely collection of delinquent accounts. This policy applies to all departments and funds.

II. Policy
It is the policy of the City of Murrieta to actively pursue the collection of past-due accounts receivable, regularly review the status of past-due accounts, and write-off amounts determined to be uncollectible. The timely identification of potential losses is an essential element in appropriately measuring the value of the City's assets. When delinquent accounts are deemed uncollectible, they should be written off the financial statements. However, no account will be written off unless all efforts have been exhausted in its collection. This policy is to ensure accurate recordings of such processes.

III. Procedures
The collection procedures are established by the Finance Department, and they may vary depending on the nature of the accounts receivable. This policy covers the following accounts receivable, but is not limited to: charges for services, recovery for damage to City property, fines and penalties, false alarms, legal judgments, transient occupancy tax, and miscellaneous receivables. Prior to determining whether an account should be written off, the following procedures must be completed:
a. The City shall bill on a monthly basis.
b. The due date from the billing date should be at least 30 days. c. If full payment is not received by the due date, accounts with an outstanding balance should be sent a letter. The City shall contact the delinquent account holder at least twice in writing. The second notification shall inform the account 785
01375.0007 2003537.3 2
holder that if the amount owed is not received within 30 days, the account will be turned over to a collection agency.
d. If the amount remains delinquent after the two additional notices, non-emergency services may be discontinued for delinquent customers. Customers will be reinstated when payment in full is received. Generally, this will refer to development-related services, Library fees, and Parks and Recreation services, programs, and rentals. This is not an exhaustive list of non-emergency services. e. The City may offer a repayment option to the delinquent account holder. f. The City may take the account holder to small claims court to collect the unpaid invoice or outstanding debt.
g. Customers whose payments are returned by the financial institution will be required to pay with a different form of payment, for example: cash, credit card, money order, or cashier’s check.
h. The City may contract with a collection agency to handle those accounts it has not been able to collect by acting with due diligence.
i. Delinquent accounts that do not meet the criteria in Section V below may be turned over to a collection agency if no payments have been received within 120 days of the initial billing or the last partial payment.

IV. Uncollectible Criteria
An account receivable shall be deemed uncollectible if it meets one or more of the following criteria:
a. The debtor is deceased, and there are no assets to cover the debt. b. The debtor has declared bankruptcy, and the City has received notification of nonrecovery. c. The debtor cannot be located despite reasonable efforts. d. The cost of collection exceeds the amount owed.
e. The amount has been outstanding for more than four years, and collection efforts have failed.
f. The debt is discharged through court judgment.
g. Forgiveness of debt has been approved by the City Council. h. Accounts owned by companies that are no longer in business and for which collection efforts have failed.
786
01375.0007 2003537.3 3
i. The amount is under $25 and remains unpaid after one year. j. The debt is disputed and the City has insufficient documentation to pursue collection efforts.
k. Other reasons as authorized by the Director of Finance.

V. Authority
Accounts that are deemed uncollectible may be written off by the authority listed below:
a. The Director of Finance may write-off of accounts up to $1,000. b. The City Manager or his/her designee may write-off of accounts up to $5,000 . c. Write-offs exceeding $5,000 must be presented to the City Council for approval.

VI. Reporting
a. The Director of Finance will provide an annual report to the City Council summarizing all write-offs that have occurred in compliance with the policy and recommended write-offs for the City Council’s consideration. b. The report will include the debtor’s name, the total amount written off, the efforts taken to collect, and the reasons for each write-off.
_________________________
Justin Clifton
City Manager
787
1 City of Murrieta
Administrative Policy

UNCOLLECTIBLE ACCOUNTS RECEIVABLE POLICY
DATED: April 28June 3, 2025
I. Purpose
The purpose of this policy is to establish procedures regarding the write-off of uncollectible receivables.

Il. BACKGROUND
To ensure strong financial management practices, the proper controls over revenues are imperative in accounts receivable management and general oversight over the various revenues, including fees and developer deposits, collected. Efforts should be made to pursue the timely collection of delinquent accounts. This policy applies to all departments and funds.

III. POLICY
II. Policy
It is the policy of the City of Murrieta to actively pursue the collection of past-due accounts receivable, regularly review the status of past-due accounts, and writeoff amounts determined to be uncollectible. The timely identification of potential losses is an essential element in appropriately measuring the value of the City's assets. When delinquent accounts are deemed uncollectible, they should be written off the financial statements. However, no account will be written off unless all efforts have been exhausted in its collection. This policy is to ensure accurate recordings of such processes.

IV. PROCEDURES
III. Procedures
The collection procedures are established by the Finance Department, and they may vary depending on the nature of the accounts receivable. This policy covers the following accounts receivable, but is not limited to: charges for services, recovery for damage to City property, fines and penalties, false alarms, legal judgments, transient occupancy tax, and miscellaneous receivables. Prior to determining whether an account should be written off, the following procedures must be completed:
a. The City shall bill on a monthly basis.
788
2 a. b. The due date from the billing date should be at least 30 days but no more than 45 days..
b. Accountsc. If full payment is not received by the due date, accounts with an outstanding balance should be sent a letter. The City shall contact the delinquent account holder at least twice in writing. if full payment is not received by the due date. Staff should contact the Planning, Building, and/or Engineering department(s) for delinquent developer depositsThe second notification shall inform the account holder that if the amount owed is not received within 30 days, the account will be turned over to ensure addresses have been updated.a collection agency.
c. d. If the amount remains delinquent after the two additional notices, nNon-emergency services are may be discontinued for delinquent customers. Customers will be reinstated when payment in full is received.

Generally, this will refer to developer accounts when no additional work will be completed until the accountdevelopment-related services, Library fees, and Parks and Recreation services, programs, and rentals. This is in good standingnot an exhaustive list of non-emergency services. d. The City shall contact the delinquent account holder at least twice in writing. The second notification shall warn the account holder that if the amount owing is not received within 30 days, the account will be turned over for
collection by a collection agency.
◄
789
3 e. e. The City, may, at its discretion, offer a repayment option to the delinquent account holder.
f. The City may take the account holder to small claims court to collect the unpaid invoice or outstanding debt.
g. If the account holder fails to pay the debt within the specified time frame, the city can file a lien against the debtor’s property in accordance withif allowed by state statute.
f. gh. Customers who remit "insufficient funds" checks more than two (2) timeswhose payments are returned by the financial institution will be required to pay inwith a different form of payment, for example: cash or , credit card, money order, or cashier’s check.
g. Delinquent accounts shall be turned over to a
collection agency if no payments have been received
within I20 days of initial bi11ing.
h. hi. The City shall may contract with a collection agency to handle those accounts the Cityit has not, been able to collect by acting with due diligence, been able to collect.
i. City Council - The Finance Director will submit to the City Manager for presentation to and approval by the
City Council, a memorandum detailing the
recommended write offs and a summary of the due
diligence completed.

V. ADDITIONAL INFORMATION - The following
represent criteria for writing off delinquent accounts:
a. Costs of further recovery actions will exceed estimated recovery amounts
b. Inability to locate debtor
ij. Delinquent accounts that do not meet the criteria in Section V below shallmay be turned over to a collection agency if no payments have been received within 120 days of the initial billing or the last partial payment. 790
4 IV. Uncollectible Criteria
An account receivable shall be deemed uncollectible if it meets one or more of the following criteria:
a. The debtor is deceased, and there are no assets to cover the debt. b. The debtor has declared bankruptcy, and the City has received notification of non-recovery.
c. The debtor cannot be located despite reasonable efforts. d. The cost of collection exceeds the amount owed.
e. The amount has been outstanding for more than four years, and collection efforts have failed.
f. The debt is discharged through a court judgment.
c. g. Forgiveness of debt has been approved by the City Council. d. Debtor has declared a Chapter 7 bankruptcy
e. Court judgments
f. h. Accounts owned by companies that are no longer in business and for which collection efforts have failed.
g. Accounts of deceased persons
i. The amount is under $25 and remains unpaid after one year. j. The debt is disputed, and the City has insufficient documentation to pursue collection efforts.
k. Other reasons on a case as authorized by the Director of Finance.

V. Authority
h. Accounts that are deemed uncollectible shallmay be written off by case basis
The Finance Director has the authority listed below:
791
5 a. The Director of Finance is authorized to approve the may write-off of accounts up to $1,000 without requiring City Manager’s approval. b. The City Manager or his/her designee may is authorized to approve the write -off of accounts up to $5,000 without requiring City Council approval. c. Write-offs exceeding $5,000 must be presented to the City Council for approval.

VI. Reporting
i. a. The Director of Finance will provide an annual report to the City Council summarizing all write-offs in the amount of $50 or less
792
01375.0007 2003537.3 6
that have occurred in compliance with the policy and recommended write-offs for the City Council’s consideration.
b. The report will include the debtor’s name, the total amount written off, the efforts taken to collect, and the reasons for each write-off.
_________________________
Justin Clifton
City Manager
793
01375.0007 2003537.3
7 794
795
796
797
798

CITY OF MURRIETA
City Council Meeting Agenda
Report
6/3/2025
Agenda Item No. 9.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Doug Strosnider, Fire Marshal
SUBJECT:

Adoption of Ordinance No. 619-25 Updating the City’s Fire Hazard Severity Zone Map

RECOMMENDATION
Conduct the second reading to adopt Ordinance No. 619-25 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adopting A New Map with Updated Fire Hazard Severity Zones As Recommended by the California Department of Forestry and Fire Protection.

PRIOR ACTION/VOTE
On May 6, 2025 the City Council unanimously approved the introduction of this ordinance (5-0).

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
California Government Code Sections 51175 through 51189 mandate that the California Department of Forestry and Fire Protection (CAL FIRE) identify and map areas of significant fire hazard Statewide. These areas are designated as Fire Hazard Severity Zones and are categorized as Moderate, High, or Very High based on fuels, terrain, weather, and other factors influencing wildfire behavior.

CAL FIRE is updating all fire hazard severity zone maps in California. The updated map for Murrieta (Exhibit A to the Ordinance No. 619-25) was released to the City of Murrieta (City) on March 24, 2025. The map has been reviewed and approved by City staff, including the Fire Department. The new map adds portions of the City to the High Fire Severity Zone.

State law gives the City three options to respond to the map. First, adopt the map as recommended. Second, add additional areas to the designation of Very High Fire Severity Zone if findings can be made, supported by substantial evidence, that such action is necessary for effective fire protection within the area. Third, add areas to the designation of Moderate and High Fire Severity Zones if findings can be made, supported by substantial evidence, that such action is necessary for effective fire protection within the area. Staff does not recommend CITY OF MURRIETA Page 1 of 2 Printed on 5/29/2025
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evidence, that such action is necessary for effective fire protection within the area. Staff does not recommend that additional areas be added to the map.

Pursuant to Government Code §51178.5, the map was made available on the City and Fire Department’s websites for public review and comment within 30 days of publication by the State Fire Marshal. There is a feature on the websites that allows residents to zoom in to determine if their property is within a fire hazard severity zone. The Fire Department also provided information about it to the public at the City Council meeting on April 15, 2025. The City is required to adopt the updated map by ordinance within 120 days of the map’s release.

New development will be allowed to occur in High Fire Severity Zones as long as each project complies with all applicable fire hazard regulations, including:
· Building Standards - The project must meet the latest fire-resistant building codes, such as those outlined in the California Building Code and Chapter 7A for construction in high fire hazard severity zones.
· Defensible Space Requirements - The project must ensure adequate defensible space around structures, as required by Public Resources Code 4291.
· Access and Egress Standards - The development must provide proper emergency access for firefighting equipment and evacuation routes in compliance with local and state fire codes. · Fire Protection Measures - The project may need enhanced fire mitigation measures, such as fireresistant landscaping, automatic sprinkler systems, and water supply requirements for firefighting. · The City may also require a fire hazard assessment or an Environmental Impact Report (EIR) to determine project feasibility.

Ultimately, each new project will be reviewed based on compliance with State and local fire regulations, and denial would be based on failure to meet those standards rather than the mere presence of the project in a fire zone.

Lastly, if a project is proposed within a designated fire zone, the applicant may also face challenges obtaining property insurance. Many insurance companies have become increasingly cautious about insuring properties in high fire hazard areas due to the rising risk of wildfires. This could result in higher premiums, limited coverage options, or outright denial of coverage through the California FAIR Plan, which provides basic fire insurance but often at higher costs and with limited coverage compared to standard policies.

FISCAL IMPACT
None.

ATTACHMENTS

1. Ordinance No. 619-25 (w/Exhibit A: Updated Map)
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ORDINANCE NO. 619-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, ADOPTING A NEW MAP WITH UPDATED

FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE

PROTECTION
Summary: This ordinance updates the City’s Fire Hazard Severity Zone map by adopting the map prepared by the California Department of Forestry and Fire Protection.

WHEREAS, the California Department of Forestry and Fire Protection has, pursuant to Government Code § 51175 through 51189 and Public Resources Code § 4201 through § 4204, conducted a review and update of the Fire Hazard Severity Zone maps for jurisdictions throughout the State of California; and
WHEREAS, these updated maps are intended to reflect current scientific data, fire behavior modeling, vegetation conditions, and topography; and WHEREAS, Government Code § 51179 requires each city to post the map on its website, answer questions on the map, and to adopt, by ordinance, the updated Fire Hazard Severity Zone map for their jurisdiction within 120 days of receiving the proposed map; and WHEREAS, the updated Fire Hazard Severity Zone map was made available to the public for review and comment as required Government Code § 51178.5. The map was posted on the City and Murrieta Fire Department’s websites and the Fire Department give a public information briefing at the City Council meeting on April 15, 2025; and WHEREAS, adoption of the updated Fire Hazard Severity Zone map attached hereto as Exhibit “A” will support the enhanced fire planning, building code application, public awareness, and emergency preparedness within areas of elevated fire risk.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein.

SECTION 2. That the City Council hereby adopts the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code section 51178 as shown on Exhibit “A”.

SECTION 3. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. 801
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Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTED this ___ day of ________, 2025.

Cindy Warren, Mayor
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 619-25 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2025, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 619-25 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2025.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2025.

Cristal McDonald, City Clerk
803

ADAMS AVE

WHITEWOOD RD

JEFFERSON AVE

LOS ALAMOS RD
IVY ST

WASHINGTON AVE

ANTELOPE RD

KALMIA ST

MADISON AVE

CLINTON KEITH RD

NUTMEG ST

HAYES AVE

HANCOCK AVE

JACKSON AVE

MURRIETA HOT SPRINGS RD

MONROE AVE
FIG ST
ELM ST
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A

LIFORNIA
OAKS
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D

WINCHESTER RD

JUNIPER ST

KELLER RD

MAGNOLIA ST

HUNTER RD

GUAVA ST

LINNEL LN

CAL LE DEL OS O ORO

LINCOLN AVE

VINEYARD PKY

LEMON ST

LAS BRISAS RD

ALTA MURRIETA DR

MARGARITA RD

MC ELWAI
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VIA PRINCESA

STEPP RD

CLINTON KEITH RD
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2 1 0 2 Miles
Legend
Municipal Boundary
VHFHSZ 2009
City Parcels
Fire Hazard Severity Zone-LRA
Moderate
High
Very High
.

State of California
Office of the State Fire Marshal
Date Released:

March 24, 2025
804

CITY OF MURRIETA
City Council Meeting Agenda
Report
6/3/2025
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Paul Early, City Attorney
SUBJECT:

Second Reading of Ordinance No. 618-25, Amending Title 5 of the Murrieta Municipal Code relating to the Business Licenses

RECOMMENDATION
Conduct the second reading and adopt Ordinance No. 618-25 entitled: An Ordinance of the City Council of the City of Murrieta, California, amending Title 5 of the Murrieta Municipal Code relating to the Business Licenses.

PRIOR ACTION/VOTE
On April 15, 2025, the City Council conducted a public hearing and approved the first reading of Ordinance No. 618-25 (Vote 5-0).

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
Title 5 of the Murrieta Municipal Code (MMC) regulates the issuance, collection, revocation and appeal processes related to business licenses in the City of Murrieta. In addition to general business licenses, Title 5 also contains Chapters regulating specific business types, including, but not limited to, Bingo Games, Fortune Telling Establishments, Adult Oriented Business, Short Term Rentals and Tobacco and Alcohol sales. As these Chapters were adopted over time, separate and inconsistent appeal processes developed.

DISCUSSION
Ordinance No. 618-25 proposes several clean-up changes to Title 5 of the MMC to provide a single consistent appeal process for all business licenses, such that all appeals are handled uniformly using the same procedures outlined in amended Section 5.04.030. The amended uniform appeal procedure will have all appeals heard by a neutral and independent hearing officer appointed by the City Manager.

In addition, Sections of Title 5 have been made consistent to indicate that the Business License Official is responsible for initially determining suspensions or revocations of business licenses, instead of the City CITY OF MURRIETA Page 1 of 2 Printed on 5/29/2025
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responsible for initially determining suspensions or revocations of business licenses, instead of the City Council.

Finally, Ordinance No. 618-25 contains new language that expands the scope of business license requirements in the City. Previously, a business license was required for those actively conducting business within the City. Under the updated ordinance, a business license is also required for advertising, soliciting, or promoting a business in the City.

FISCAL IMPACT
None.

ATTACHMENTS

1. Ordinance No. 618-25

2. Municipal Code Title 5 Business License and Regulation Redlined Version

3. Municipal Code Title 5 Business License and Regulation Clean Final Version CITY OF MURRIETA Page 2 of 2 Printed on 5/29/2025
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ORDINANCE NO. 618-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 5 OF THE MURRIETA MUNICIPAL

CODE RELATING TO THE BUSINESS LICENSES
Summary: This ordinance establishes a uniform appeal process for all business license appeals and makes additional clarifications relating to the advertisement, solicitation or promotion of business within the City.

WHEREAS, the Murrieta Municipal Code (“MMC”) currently authorizes the issuance and revocation of business licenses; and
WHEREAS, the City aims to achieve best governmental practices and ensure organizational efficiency; and
WHEREAS, the City Council now desires to amend Title 5 of the MMC to create a uniform appeal process for business license appeals and clarify that business licenses are required prior to the advertising, promotion or solicitation of business within the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 5.02.030 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.02.030 License required.

A. It shall be unlawful for any organization to advertise, solicit, promote, or conduct any bingo games in the city of Murrieta unless such organization is a qualified organization and has been issued a license as provided in this chapter.

B. It shall be unlawful for any person to advertise, solicit, promote, or conduct any bingo games in the city of Murrieta unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter.”
SECTION 2. Section 5.03.050 of the Murrieta Municipal Code related to terms of licenses is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
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“5.02.050 Term of license and fees.

The term of a bingo license is one year and may be renewed any time within one year from its date of issuance, upon application therefor. The fee for an initial bingo license shall be based on the fees established by the city council and set by resolution, one hundred dollars ($100.00), and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee based on the fees established by the city council and set by resolution of one hundred dollars ($100.00), which has been paid at least 30 days prior to the expiration of the term of the current license, and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least 30 days prior to the expiration of the current license, an additional late fee of twenty-five dollars ($25.00) shall be paid.” SECTION 3. Paragraph D of Section 5.02.100 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“D. Any organization whose bingo license has been suspended or revoked may not apply for a license to conduct any bingo games for a period of one year twenty-four months from the date notice of such suspension or revocation was served on it, or if affirmed on appeal by the Murrieta city council as provided in this section, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.”
SECTION 4. 5.02.110 of the Murrieta Municipal Code related to Appeals is hereby repealed in its entirety.

SECTION 5. Section 5.04.020 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.04.020 Licenses required.

There is imposed, upon each business conducted within the city, a business license fee in the amount hereinafter prescribed. It is unlawful for any person to advertise, solicit, promote or conduct any business within the city without first having procured a license from the city to do so and paid the license fee therefor and without complying with all applicable provisions of this chapter.”
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SECTION 6. Section 5.04.150 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.04.150 Unlawful manner of operation.

The granting of a license for a business shall not be deemed a permit to conduct, advertise, solicit, or promote the same in an unlawful manner or on premises where such business is prohibited by law.”
SECTION 7. Section 5.04.335 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.04.335 Suspension or Revocation of business license.

A. Any business license issued pursuant to the provision of this chapter may be suspended or revoked by the city council Business License Officer on the basis of any of the following:

1. That the business or activity has been conducted in an illegal or disorderly manner;

2. That any operator of the business or activity has an unfit character;

3. That the purpose for which the permit has been issued is being abused to the detriment of the public;

4. That the permit is being used for a purpose different from that for which it was issued;

5. That the permittee has misrepresented any fact in the application for permit or has not answered each question therein truthfully;
B. Unless otherwise provided in this chapter, in the event a permit is suspended or revoked pursuant to the provisions of this chapter, another permit shall not be granted to such person within twelve (12) twenty-four (24) months after the date of such suspension or revocation. The city council's Business License Officer’s determination following a suspension or revocation hearing shall be subject to appeal as set forth hereinfinal and conclusive in the matter.” SECTION 8. Section 5.04.340 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.04.340 Appeals from denial, suspension or revocation of business license or permit. 809
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A. Any person aggrieved by the denial of an application for a business license or permit, denial of an application for renewal of a business license or permit, suspension or revocation of a business license or permit, or any other decision of the city with respect to the issuance or refusal to issue a license or permit or the suspension or revocation of such license or permit subject to the appeals provisions of this chapter (“administrative decision”), may appeal the administrative decision by filing an appeal with the office of the city clerk within fifteen (15) calendar days from the date the notice of the administrative decision was mailed to the applicant. If the fifteenth day falls on a Saturday, Sunday or city holiday, the appeal may be filed on the next day city hall is open for business. The appeal document must be received by the office of the city clerk within the applicable time period and not just mailed within such time. This appeal process applies to the denial, suspension or revocation of those permits referenced in sections 5.26 Alcoholic Beverage Sales, 5.18 Massage Business and Massage Therapists and 5.27 Short-Term Vacation Rental all licenses issued pursuant to Title 5 of this Code. The person who files such an appeal shall be known as the “appellant.” Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee of fifty dollars ($50.00) or such other fee as may be required by other enactment of the city council.

1. The appeal shall set forth the administrative decision being appealed and the reasons why the decision should be reversed or modified. The city clerk shall promptly forward a copy of the appeal to the city manager and administrative hearing independent hearing officer.

2. In the event an appeal is timely filed, an administrative decision concerning the denial of business license or permit, or the suspension or revocation of a license or permit shall not be effective until a final decision by the administrative hearing independent hearing officer has been made pursuant to this section. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s right to an appeal. If no timely appeal is filed, the administrative decision shall become effective upon expiration of the period for filing an appeal. In the event a notice of appeal fails to set forth any information required by this section, the city clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five (5) days in which to perfect and refile the notice of appeal.

3. Upon receipt of a timely appeal, the city clerk shall make arrangements for the selection of an administrative hearing independent hearing officer to conduct the appeal hearing. The administrative hearing independent hearing officer shall be a person knowledgeable in municipal affairs, including, but not limited to, attorneys, retired judges, a reputable firm providing mediators and arbitrators, local government officials, or the State Office of Administrative Hearings (or its successor office). Not less than fifteen (15) days prior to the appeal hearing, the city clerk shall notify the city manager and the appellant of the name of the hearing officer who has been selected 810
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to hear the appeal. The administrative hearing independent hearing officer shall be fair and impartial and shall have no bias for or against the city or the appellant.

4. Any documents or evidence to be used by the city and/or the appellant during the appeal hearing must be provided to the administrative hearing independent hearing officer and the other party for review at least ten (10) days prior to the appeal hearing.

5. At the appeal hearing, the administrative hearing independent hearing officer shall receive oral and written evidence from the city and the appellant. a. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely in the conduct of serious affairs.
b. The administrative hearing independent hearing officer shall have broad authority to control the proceedings and to allow for cross examination of witness in a fair and impartial manner. The administrative hearing independent hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of their case. c. The city shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based.
d. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The appellant's failure to appear at a hearing shall constitute a waiver of the right to a hearing and a forfeiture of the hearing fee deposit. An appellant's failure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative decision. Any administrative fine applicable to the administrative decision, and additional hearing fees, if any, shall be immediately due and payable to the city. e. The administrative hearing independent hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance.

The party requesting the continuance shall pay the costs of the hearing officer, if any, for the cancelled hearing.
i. The administrative hearing independent hearing officer may uphold, modify or reverse the administrative decision of the city.
ii. Within ten (10) days of the conclusion of the appeal hearing, the administrative hearing independent hearing officer shall render his or her decision and make written findings supporting 811
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the decision. The administrative hearing independent hearing officer shall send the decision to the city clerk. Upon receipt of the hearing officer’s decision, the city clerk shall notify the city manager, the respective department and the appellant of the decision and provide them with a copy of the hearing officer’s decision, along with a proof of mailing. iii. The administrative hearing independent hearing officer’s decision shall be final and conclusive as to the city and the appellant and no further administrative appeal from the hearing officer’s decision shall be available. Any legal action challenging the administrative hearing independent hearing officer’s decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the hearing officer’s opinion, pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure.
f. Any notices which either party may desire to give to the other party in connection with the appeal under this section must be in writing and may be given either by: (1) personal service; (2) delivery by a reputable document delivery service, such as, but not limited to, federal express, that provides a receipt showing date and time of delivery; or (3) mailing in the United States mail, first class mail, postage prepaid, addressed to the address to the city at city hall or to the appellant at the address set forth in the notice of appeal. Notice shall be effective on the date of personal delivery or the date when the notice was deposited in the mail or reputable document delivery service.
g. If the administrative hearing independent hearing officer overturns the administrative decision or substantially modifies it in favor of the appellant, the appeal fee shall be refunded to the appellant.
h. The city manager shall have the authority to establish all appropriate administrative regulations for the fair and efficient implementation of this section, conducting hearings and rendering decisions pursuant to this section.
i. Notwithstanding the procedures set forth in this section, the city manager shall have the authority to enter into settlement agreements with an appellant that justice may require and that are consistent with the purposes of this title.”
SECTION 9. Paragraph R of Section 5.14.040 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“R. The business operator, at his/her expense, shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing and Saturday through Sunday between 12:00 p.m. and closing. 812
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1. The Chief of Police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang-related activity, weapons offenses, disturbances, and juvenile-related crimes, including truancy or other good cause.

2. Any decision of the Chief of Police may be appealed to the City Council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the Chief of Police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the Chief of Police. If such tenth calendar day ends on a Saturday, Sunday, or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.

3. All appeals shall be in writing and on forms provided by the planning department and shall specify where in there was any error or decision or requirement by the Chief of Police.

Furthermore, a copy of such appeal shall be filed with the planning department and the office of the City Clerk.

4. Upon receipt of such appeal, the planning department shall set the matter for hearing by the City Council.

5. The City Council may after public hearing, affirm, reverse, change, or modify the original decision and may make additional determination that shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the office of the City Clerk and the planning department; one (1) copy thereof shall be sent to the applicant.

SECTION 10. Paragraph A of Section 5.16.020 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“A. No sexually-oriented business shall be permitted to operate or advertise, solicit, or promote such operation within the City without a valid permit issued by the city for the particular type of business. It is unlawful and a person commits a misdemeanor if he/she operates, advertises, solicits, or promotes or causes to be operated, advertised, solicited or promoted a sexuallyoriented business without the permit.” SECTION 11. Section 5.16.090 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.16.090 Revocation of permit.
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A. The city manager shall revoke a permit if a cause of suspension and the permit has been suspended within the preceding twelve (12) months.

B. The city manager shall revoke a permit upon determining that:

1. A permittee gave false or misleading information in the material submitted during the application process; or

2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or

3. A permittee or an employee has knowingly allowed prostitution on the premises; or

4. A permittee or an employee knowingly operated the sexually-oriented business during a period of time when the permittee's permit was suspended; or

5. A permittee has been convicted of a “specified criminal act” for which the time period required of this chapter has not elapsed; or

6. On two or more occasions within a twelvemonth period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually-oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or

7. A permittee is delinquent in payment to the city or state for any taxes or fees past due; or

8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.

9. The permittee shall have the right to appeal any intended denial, suspension or revocation of the permit pursuant to Chapter 5.04 Sections 2.28.010 through 2.28.0405.04 of this code. All administrative actions shall be stayed pending the completion of the hearing process.

C. When the city manager revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually-oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the city or its designee finds that the basis for revocation has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective.” 814
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SECTION 12. Section 5.18.040 of the Murrieta Municipal Code is hereby amended to read as follows (new language is indicated in bold and italics, language proposed to be deleted is shown with an underline and strikethrough):
“5.18.040 Massage, general requirements.

A. CAMTC Certificate required.

1. Massage therapist. Except as otherwise provided in this chapter, it shall be unlawful for any person to perform massage or advertise, solicit or promote the performance of massage, whether as full-time, part-time or temporary status, as an employee, sole practitioner, or independent contractor of a massage business, or in any other capacity within the jurisdiction of the city, unless that person possesses a current, valid and authentic CAMTC Certificate.

2. Massage business. Except as otherwise provided in this chapter, it shall be unlawful for any massage business to operate, or advertise, solicit or promote such operation, within the jurisdiction of the city, unless all persons utilized by the massage business to perform massage, whether as full-time, part-time or temporary status, as an employee, sole practitioner, or independent contractor, or otherwise, possess a current, valid and authentic CAMTC Certificate.

B. City business license required. All massage businesses must obtain a city business license pursuant to Chapter 5.04 of this municipal code.

C. Independent contractors. Any independent contractor(s) utilized by a massage business to perform massage must obtain a city business license and must provide a current valid, and authentic CAMTC Certificate to the city prior to performing massage.

D. Permit issuance. Except as otherwise provided in this chapter, the procedures to follow to obtain a permit under this chapter are those set forth in the uniform licensing procedures under Chapter 5.04 of this municipal code. Any permit issued pursuant to this chapter shall be issued by the Chief of Police, or his or her designated representative, and shall be valid for a period of one (1) year from the date of such issuance. The Chief of Police, or his or her designated representative, shall have the authority to review the requirements contained in the permit application and renewal application forms, and modify the applications, as necessary.

E. Existing massage businesses/therapists. Unless expressly exempted by this chapter, the provisions of this chapter shall be applicable to all massage businesses and massage therapists described herein, whether or not the activities herein described were established before or after October 2, 2021. Any existing massage business/therapist must be in full compliance with the applicable requirements of this chapter and Title 16 of this municipal code no later than October 2, 2021.”
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SECTION 13. Section 5.22.140 of the Murrieta Municipal Code related to Appeals is hereby repealed in its entirety.

SECTION 14. Section 5.23.150 of the Murrieta Municipal Code related to Appeals is hereby repealed in its entirety.

SECTION 15. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 16. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 17. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTED this ___ day of ________, 2025.

Cindy Warren, Mayor
ATTEST:
___________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany J. Israel, City Attorney
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01375.0007/1062224.3 11

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§ CITY

OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 618-25 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2025, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 618-25 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2025.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2025.

Cristal McDonald, City Clerk
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Title 5

BUSINESS LICENSES AND REGULATIONS
Chapters:

5.02 Bingo Games

5.04 Business Licenses Generally

5.12 (Reserved)

5.14 Cyber Cafes

5.16 Sexually-Oriented Business Permits

5.17 (Reserved)

5.18 Massage Businesses and Massage Therapists

5.20 Solicitations

5.22 Fortunetelling Establishments

5.23 Smoking Pollution Control

5.24 Tobacco Sales Restrictions

5.25 Charitable Solicitations

5.26 Alcoholic Beverage Sales

5.27 Short-Term Vacation Rentals
Chapter 5.02

BINGO GAMES
Sections:

5.02.010 Definitions.

5.02.020 Authority.

5.02.030 License required.

5.02.040 Application for license.

5.02.050 Term of license and fees.

5.02.060 Application investigation.

5.02.070 License not transferable.
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5.02.080 Limitations.

5.02.090 Inspection.

5.02.100 Denial of application, license, suspension or revocation.

5.02.110 Appeal.

5.02.1120 Severability.

5.02.010 Definitions.

A. As used in this chapter “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.”
B. “Minor” is any person under the age of 18 years.

C. A “qualified organization” to operate the game of bingo is a mobile home park association, a senior citizens' organization, or an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code. (Ord. 356 § 2, 2006)

5.02.020 Authority.

The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code.
(Ord. 356 § 3, 2006)

5.02.030 License required.

A. It shall be unlawful for any organization to advertise, solicit, promote, or conduct any bingo games in the city of Murrieta unless such organization is a qualified organization and has been issued a license as provided in this chapter.

B. It shall be unlawful for any person to advertise, solicit, promote, or conduct any bingo games in the city of Murrieta unless such person is a member of a qualified organization 819
acting on behalf of such qualified organization that has been issued a license as provided by this chapter.
(Ord. 356 § 4, 2006)

5.02.040 Application for license.

Applications for a license or renewal thereof shall be filed with the office of business licensing with the city of Murrieta on forms prescribed by the finance department and shall be signed under penalty of perjury. Such applications shall be filed:

A. Not less than 90 days prior to the proposed date of the bingo game or games; and B. Not later than 30 days after obtaining written verification from the planning department that there is sufficient vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities as required by Chapter 16 of the City Municipal Code; and
C. Not later than 30 days after obtaining written verification from the building and safety department that the operation of such game or games is in compliance with the California Building Code; and
D. Attach a list of identifying information, including the proper name, sex, date of birth, residence address, phone number, driver's license number, and social security number of all board members or any other individuals deemed responsible in the management of the game of bingo for its organization, which must be provided to the office of business licensing at the time of the original application or renewal of permit; and E. Attach to the application proof showing they are a qualifying organization to operate a game of bingo, which may include proper tax information, organizational bylaws, or other supporting information required by the city of Murrieta.

Such applications shall not be filed unless the applicant is a qualified organization which has owned or leased property, or has property whose use is donated to it within the city of Murrieta that was used by the applicant for the performance of the purposes for which it is organized, for at least 12 months immediately preceding the filing of such application, and the property upon which the bingo game is to be conducted is property so owned or leased by, or whose use is donated to, the applicant.
(Ord. 356 § 5, 2006)

5.02.050 Term of license and fees.

The term of a bingo license is one year and may be renewed any time within one year from its date of issuance, upon application therefor. The fee for an initial bingo license shall be based on the fees established by the city council and set by resolution,one hundred dollars ($100.00), and shall accompany the filing of the application. A license may be 820
renewed upon the payment of a renewal fee based on the fees established by the city council and set by resolutionof one hundred dollars ($100.00), which has been paid at least 30 days prior to the expiration of the term of the current license, and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least 30 days prior to the expiration of the current license, an additional late fee of twentyfive dollars ($25.00) shall be paid. (Ord. 356 § 6, 2006)

5.02.060 Application investigation.

A. Upon receipt of an application for a license, along with the appropriate fee, the chief of police, or his or her designee, shall investigate the truth of the matters set forth in the application.

B. The chief of police, or his or her designee, may make inquiries to any local board or association, or any state or federal agency which the Murrieta police department deems essential in order to carry out a proper investigation of applicant and the organization.

C. Upon approval of any application for a bingo license, the office of business licensing for the city of Murrieta will issue the license and the police department shall issue a permit. (Ord. 356 § 7, 2006)

5.02.070 License not transferable.

Each license issued hereunder shall be issued to a specified qualified organization to conduct a bingo game at a specific location, and shall in no event be transferable from one organization to another or from one location to another. (Ord. 356 § 8, 2006)

5.02.080 Limitations.

A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection A. shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization.

B. No minors shall be allowed to participate in any bingo game.

C. All bingo games shall be open to the public, not just to the members of the qualified organization.
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D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game and, consequently, no license will be issued. This subsection D. does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game.

E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter.

F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.

G. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section 23701(d) of the Revenue and Taxation Code, to be used for charitable purposes as above defined, except as follows:

1. Such proceeds may be used for prizes.

2. A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction of prizes or two thousand dollars ($2,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the city of Murrieta shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available.

At the end of any month during which any bingo game is conducted, the licensee shall file with the Murrieta police department a full and complete financial statement of all monies collected and disbursed and the amount remaining or distributed for charitable purposes.

3. Such proceeds may be used to pay license fees.
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H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

I. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

J. No alcohol shall be served or consumed in the same room or physical location while the game of bingo is being played by any of the operators, managers, board members or players.
(Ord. 356 § 9, 2006)

5.02.090 Inspection.

Any peace officer or code enforcement officer of the city of Murrieta shall have access to inspect any bingo game licensed under this chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. (Ord. 356 § 10, 2006)

5.02.100 Denial of application, license, suspension or revocation.

A. The chief of police may deny an application for a bingo license, if he or she finds:

1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter; or

2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith; or
B. The chief of police may suspend or revoke a license if they find:

1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or

2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied.

C. If, after an investigation, the chief of police, or his or her designee, determines that a bingo license should be suspended or revoked or that an application for such license be denied, they shall prepare a notice of suspension or revocation or denial of application 823
setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee's or applicant's last address as provided in the application.

D. Any organization whose bingo license has been suspended or revoked may not apply for a license to conduct any bingo games for a period of one yeartwenty-four months from the date notice of such suspension or revocation was served on it, or if affirmed on appeal by the Murrieta city council as provided in this section, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.
(Ord. 356 § 11, 2006)

5.02.110 Appeal.

Any person who has had an application for a bingo license denied by the chief of police, or who has had a bingo license suspended or revoked by the police department, may appeal the decision of the police department by filing with the city clerk, within 15 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The city council shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the city council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Ord. 356 § 12, 2006)

5.02.1120 Severability.

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.
(Ord. 356 § 13, 2006)
Chapter 5.04

BUSINESS LICENSES GENERALLY
Sections:

5.04.010 Definitions.
824

5.04.020 Licenses required.

5.04.030 Evidence of doing business.

5.04.040 Fixing of business license fees.

5.04.050 Schedule of license fees generally.

5.04.060 Charitable activities exemption.

5.04.070 Filing for exemptions.

5.04.080 Fee adjustments required in cases of interstate commerce.

5.04.090 Payment of other licenses not excused.

5.04.100 Effect of chapter on past actions and obligations previously accrued.

5.04.110 Separate computation of license fee.

5.04.120 Business classifiable under different categories.

5.04.130 License does not permit business otherwise prohibited.

5.04.140 Other agency review.

5.04.150 Unlawful manner of operation.

5.04.160 New business license fee—When payable.

5.04.170 Penalty for failure to pay license fee when due.

5.04.180 Failure to procure license.

5.04.190 Term of license.

5.04.200 Duplicate licenses.

5.04.210 Nontransferability of licenses.

5.04.220 Display of licenses.

5.04.230 Identification symbol—Affixing, altering, tampering, or changing.

5.04.240 Application--Generally.

5.04.250 Conditions of application.

5.04.260 Sworn statements by applicants.

5.04.270 Extension of time for filing—Compromise of claims.

5.04.280 Renewal of licenses.

5.04.290 Statements not conclusive—Information confidential. 825

5.04.300 Failure to file statement or corrected statement.

5.04.310 Enforcement of chapter—Right of entry.

5.04.320 Penalty for violation.

5.04.330 Continuing violations.

5.04.335 Revocation of business license.

5.04.340 Appeals from denial, suspension or revocation of business license or permit.

5.04.350 Fees a debt to city—Actions for collection of fees.

5.04.360 Remedies cumulative.

5.04.370 Establishment of business categories.

5.04.380 Fixed license fees—Coin- operated machines—Charges.

5.04.010 Definitions.

For the purpose of this chapter, unless the context clearly requires otherwise, the words, and phrases used in this chapter shall have the following meanings:
"Business" means profession, trade, occupation, gainful activities, and all and every kind of professional, commercial, and industrial calling whether or not carried on for profit. "Business license officer" means the director of finance and general services of the city, or the designee of such person.
"Employed" means engaged in the operation or conduct of a business, or related activity, whether as a proprietor or otherwise.
"Employee" means any person who provides services or labor within the city for an employer for wages or any other remuneration. An independent contractor is not an employee for the purpose of this chapter.
(Ord. 466 § 1, 2011: Ord. 447 § 1, 2010: Ord. 3 § 1 (part), 1991: prior code § 5.02.001)

5.04.020 Licenses required.

There is imposed, upon each business conducted within the city, a business license fee in the amount hereinafter prescribed. It is unlawful for any person to advertise, solicit, promote, or conduct any business within the city without first having procured a license from the city to do so and paid the license fee therefor and without complying with all applicable provisions of this chapter.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.003)
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5.04.030 Evidence of doing business.

When any person by use of signs, circulars, cards, telephone book, or newspapers, advertises, holds out, or represents that such person is conducting a business within the city, or when any person holds an active license or permit issued by a governmental agency indicating that such person is in business within the city, and such person fails to deny by a sworn statement given to the business license officer that he or she is not conducting a business within the city, after being requested to do so by the business license officer, then the foregoing facts shall be considered prima facie evidence that such person is conducting a business within the city. (Ord. 3 § 1 (part), 1991: prior code § 5.02.005)

5.04.040 Fixing of business license fees.

The city council from time to time shall set business license fees and related application and other administrative fees by resolution. The city council may differentiate in the amount of fees to be charged on the basis of gross receipts and may utilize the business categories established by Section 5.04.370 to differentiate between businesses as to the basis of the business license fee which will be charged. When it deems such action to be appropriate, the city council may establish flat-rate business license fees for specific types of businesses or units thereof.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.007)

5.04.050 Schedule of license fees generally.

A. Every person who engages in business within the city shall pay a license fee in the amount or at the rate which the city council may from time to time set by resolution.

B. This section shall not be construed to require any person to pay a license fee prior to conducting business within the city if such requirement conflicts with applicable state or federal law.

C. Persons not required to pay a license fee prior to conducting business within the city because of conflict with applicable state or federal law shall nevertheless obtain a business license upon the commencement of business within the city.

D. Any person claiming exemption pursuant to this section shall file a sworn statement with the business license officer, stating the facts upon which exemption is claimed.

E. The business license officer shall upon a proper showing contained in the sworn statement, issue a license to a person claiming exemption under this section. Issuance under this subsection shall be without payment to the city of any license fee required by this chapter.
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F. The business license officer, after giving notice and reasonable opportunity for hearing to the affected licensee, may revoke any license granted pursuant to the provisions of this section upon a showing that the licensee is not entitled to the exemption as provided in this chapter.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.009)

5.04.060 Charitable activities exemption.

A business license shall be issued but the provisions of this section shall not be deemed or construed to require the payment of a business license fee:

A. For conducting any business by any nonprofit institution, corporation, organization, or association organized or conducted for nonprofit purposes only, when the receipts derived are to be used wholly for the benefit of the organization, and, except for wages paid to employees of such organization, not in whole or part for the private gain of any person.

The exemption provided for in this section shall not apply to promoters employed by the nonprofit institutions, corporations, organizations or associations.

B. For conducting any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts thereof are to be distributed to any church or school or to any religious or benevolent purpose within the city.

C. For conducting any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts thereof are to be for the purpose and objects for which such organization or association was formed, and from which profit is not derived either directly or indirectly by any person. This provision also applies to the Murrieta chamber of commerce.

D. By any business which is exempt from payment of the business license fee to municipal corporations under, on account, or by virtue of the provisions of the constitution or laws of the United States of America or of the state of California.

E. Any disabled veteran having honorable discharge papers showing disability incurred while in service who is unable to earn a livelihood by manual labor, who is a qualified elector of this city at the time of the application for a license and who shall have been a bona fide resident of this city for thirty (30) days immediately preceding the date on which application for such license is made shall be exempt from the business license fee. This exemption applies to the veteran personally and shall not apply to a distributing or other business conducted by such veteran in which others are employed.

F. By any person furnishing full or part time day care service to not more than fourteen children.

G. When a business, otherwise exempt pursuant to this section, is conducted by a nonexempt person on behalf of such business, the exemption shall be applicable only with 828
regard to the exempt business, and shall not be applicable with regard to the business or gross receipts of the nonexempt person.

H. Nothing in this section shall be deemed to exempt any person from complying with other provisions of this code, or any other law or regulation requiring a permit or other approval from the city council, or any other public officer or body to conduct any business. (Ord. 557 § 2, 2020; Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code §

5.02.011)

5.04.070 Filing for exemptions.

A. Any person claiming an exemption from licensure requirements under this chapter shall file a sworn statement with the business license officer stating the facts upon which exemption is claimed. In the absence of such a statement substantiating the claim, such person shall be liable for the payment of the fees imposed by this chapter.

B. The business license officer shall, upon a proper showing contained in the sworn statement, and in such supplement thereto as may be required by the business license officer, issue a license to the person claiming exemption under this section without payment to the city of the license fee required in this chapter. (Ord. 3 § 1 (part), 1991: prior code § 5.02.013)

5.04.080 Fee adjustments required in cases of interstate commerce.

A. None of the license fees provided for in this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitution of the United States or of the state.

B. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, such person may apply to the business license officer for an adjustment of the fee.

Such application may be made before, at the time of, or within six months after, payment of the prescribed license fee. The applicant or licensee shall, by sworn statement and supporting testimony, show his or her method of business and the gross receipts or estimated gross receipts of such business and such other information as the business license officer may deem necessary in order to determine the extent, if any, of undue burden or violation. The business license officer may then conduct an investigation, and fix as the license fee for the applicant or licensee an amount that is reasonable and nondiscriminatory. If the license fee has already been paid, the business license officer shall order a refund of the amount over and above the license fee so fixed. In fixing the license fee to be charged, the business license officer shall have the power to base the license fee upon any measure which will assure that the license fee assessed shall be uniform with that assessed upon businesses of like nature. Any adjusted fee fixed pursuant to this section 829
shall not exceed the license fee prescribed for similar businesses as to which no adjustment has been made pursuant to this section.

C. The business license officer may require the applicant or licensee to submit, either at the time of termination of the applicant's or licensee's business in the city, or at the end of each three-month or longer period, a sworn statement of the gross receipts from sources within the city upon which the license fee adjustment has been based; provided that no additional license fee during any one licensing year shall be required after the licensee shall have paid an amount equal to the annual license fee prescribed for businesses as to which no adjustment has been made pursuant to this section. (Ord. 3 § 1 (part), 1991: prior code §

5.02.015)

5.04.090 Payment of other licenses not excused.

Any person required to pay a license fee for conducting a business under this chapter shall not be relieved from the payment of any license fee for the privilege of conducting such business required under any other provision of this code or any other ordinance or regulation of the city or other agency, and such person shall remain subject to such other provisions.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.017)

5.04.100 Effect of chapter on past actions and obligations previously accrued.

Unless otherwise specifically or by necessary implication provided in this chapter, neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for the violation of any other ordinance committed prior to the adoption hereof, nor be construed as a waiver of any license requirement or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect for the term prescribed therein. (Ord. 3 § 1 (part), 1991: prior code § 5.02.019)

5.04.110 Separate computation of license fee.

A. Where a license fee is imposed upon any business pursuant to this chapter, and such business is conducted with branch establishments or at separate fixed places, the fee shall be computed as if each such branch or place were a separate and independent business.

B. A separate license shall be obtained for each branch establishment or location of the business and for each separate type of business at the same location. Each license shall 830
authorize the licensee to transact and carry on only the business licensed thereby, at the location specified in the license, and in the manner designated in such license.

C. Warehouses and distributing plants used in connection with and incidental to a business shall be deemed to be separate places of business or branch establishments. (Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.021)

5.04.120 Business classifiable under different categories.

Whenever a business may reasonably be classified under two or more separate categories established by the city council, with differing bases for fee computation, the fee shall be computed using the basis which will result in the highest fee. (Ord. 3 § 1 (part), 1991: prior code § 5.02.023)

5.04.130 License does not permit business otherwise prohibited.

Persons required to pay a license fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any fees for the privilege of carrying on any similar or related activity required under any other ordinance of the city and shall remain subject to the regulatory provisions of other ordinances and laws. (Ord. 3 § 1 (part), 1991: prior code § 5.02.025)

5.04.140 Other agency review.

The business license officer may refer to any governmental agency any statement and all other information submitted by persons subject to the provisions of this chapter in connection with the conduct of a business regulated or supervised or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations, or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the license once granted.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.027)

5.04.145 Police review.

A. Certain business practices have historically been subject to abuse by certain unscrupulous practioners and convicted criminals using the practice to commit fraud, larceny and other criminal acts upon clients. It is the purpose of this section to regulate the practice in such a manner as to reduce the risk of fraud and larceny to clients, while allowing businesses to provide their services to clients with only minimal restrictions. 831
B. The chief of police has the discretion to require police background checks for certain business practices. The fee for this background check will be established by the city council and set by resolution.

C. Upon filing of the business license application and payment of the applicable fees, the police department will investigate, report and recommend approval of the license. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the business license officer within thirty (30) days after the filing of the application and contacting the Murrieta police department support division supervisor for a background investigation interview, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein. (Ord. 279 § 2 (part), 2003)

5.04.150 Unlawful manner of operation.

The granting of a license for a business shall not be deemed a permit to conduct, advertise, solicit, or promote the same in an unlawful manner or on premises where such business is prohibited by law.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.029)

5.04.160 New business license fee--When payable.

A. Initial business license fees are due and payable prior to issuance of the license for which application is made. The fee for the business license application and for new licenses shall be established by resolution of the city council. The payment of such fees shall not in any way constitute a right or permission to begin the operations of said business.

B. Unless otherwise specifically provided in this chapter, all fees for renewal of a business license under the provisions of this chapter shall be due and payable on the day of the anniversary date on which the license expired. The annual license fee shall become delinquent on the thirtieth day after the due date.
(Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.031)

5.04.170 Penalty for failure to pay license fee when due.

A. For failure to pay a gross receipts license fee by five p.m. on the day due, the business license officer shall add a penalty of twenty-five (25) percent of the license fee on the day following the due date thereof, plus interest at the rate of one and one-half percent per month from the due date until paid.
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B. Any flat-rate license fee which has not been paid by five p.m. on the day due shall have added to the amount thereof a penalty of twenty-five (25) percent, plus interest at the rate of one and one-half percent per month from the due date until paid.

C. Any daily license fee which has not been paid by five p.m. on the day due shall have added the amount thereof a penalty of twenty-five (25) percent, plus interest at the rate of one percent per additional day of delinquency thereafter.

D. If any person has failed to apply for and secure a valid license to operate a business, the business license fee due shall be that amount due and payable from the first date on which the person was employed in business in the city, together with applicable penalties and interest.

E. Where an audit or inspection of the books or records of a business reveals that the amount of license fee paid for any license period is less than the amount which was actually due pursuant to this chapter, it shall be deemed for the purposes of this section that, to the extent of such deficiency, there was a failure to pay a license fee when due. Penalties and interest as provided in this section shall be assessed from the date when the deficiency should have been paid pursuant to this chapter.

F. Should court action be required to collect any license fee or penalties or interest, an additional penalty shall be charged equal to costs of suit, including reasonable attorneys' fees. Such penalty shall be added to the license fee and shall become due and payable as of the date of final judgment in such action.

G. Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring a license provided for in this chapter shall be deemed guilty of a misdemeanor. (Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.033)

5.04.180 Failure to procure license.

A civil penalty of one hundred (100) percent of the prescribed license fee shall be added to the license fee for any person who conducts business within the city before applying for and securing a business license from the business license officer. (Ord. 3 § 1 (part), 1991: prior code § 5.02.035)

5.04.190 Term of license.

The term of any license issued hereunder shall be limited as follows:

A. If the license fee is an annual license fee, the license shall expire on the anniversary of the date on which the license was last issued or renewed or as otherwise designated by the chief finance officer.
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B. If the license fee is a daily license fee, the license shall expire at eleven fifty-nine p.m. for the day for which the license was issued; provided, however, that such license may be issued for more than one day at a time. In respect to daily licenses, the license fee for the entire licensure period shall be due and payable in advance prior to issuance of the license. (Ord. 3 § 1 (part), 1991: prior code § 5.02.037)

5.04.200 Duplicate licenses.

A duplicate license may be issued by the business license officer to replace any license previously issued under this chapter which has been lost or destroyed, upon the licensee filing a sworn statement of such fact, and at the time of filing such statement, paying to the business license officer a duplicate license fee as set from time to time by resolution of the city council.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.039)

5.04.210 Nontransferability of licenses.

A. No license issued pursuant to this chapter shall be transferable.

B. Upon the issuance of a license which authorizes a person to conduct a business at a particular place, such licensee may, upon application therefor and payment of the required fee, have the license amended to authorize the conducting of such business under such license at some other location to which the business is to be moved in its entirety. The fee for such amendment shall be set by resolution of the city council. (Ord. 3 § 1 (part), 1991: prior code § 5.02.041)

5.04.220 Display of licenses.

All licenses shall be kept and posted in the following manner:

A. Each licensee conducting a business at a fixed place of business within the city shall keep its license posted in a conspicuous place upon the premises.

B. Each licensee conducting a business within the city, but not operating a fixed place of business in the city, shall keep his or her license upon his or her person or in the vehicle from which the business is being conducted at all times while conducting such business. (Ord. 3 § 1 (part), 1991: prior code § 5.02.043)

5.04.230 Identification symbol--Affixing, altering, tampering, or changing. 834
Whenever an identifying sticker, tag, plate, or symbol has been issued for a vehicle, device, machine, or other piece of equipment as evidence of the issuance of a license pursuant to this chapter, the person to whom such sticker, tag, plate, or symbol has been issued shall firmly affix such symbol upon each such vehicle, device, machine, or piece of equipment and keep it affixed during the term of the related license at such place thereon as is designated by the business license officer. It is unlawful for any person to tamper with, change, or alter any such symbol or to otherwise fail to comply with the provisions of this section.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.045)

5.04.240 Application--Generally.

Prior to the commencement of any business, each person required by this chapter to obtain a license for such business shall make and file with the business license officer a written application for such license, upon a form prescribed by the business license officer, together with the required application fee. Fees for processing the application shall be based on the cost to the city for verification of the information contained in the application, shall be nonrefundable, and shall be set by resolution of the city council. (Ord. 3 § 1 (part), 1991: prior code § 5.02.047)

5.04.250 Conditions of application.

All business license applications shall contain as a sworn statement:

A. The name, home address, and telephone number of each owner, officer, partner, and the applicant;
B. The name, home address, and telephone number of each managing employee, if not included in division 1, of this section;
C. The name, address, and telephone number of the business to be licensed; D. A detailed description of the business to be conducted; and E. Such other information as may be required by the application form or requested by the business license officer and convenient for the enforcement of this chapter. (Ord. 466 § 1, 2011:Ord. 447 §, 1 2010: Ord. 3 §1 (part), 1991: prior code § 5.02.049)

5.04.260 Sworn statements by applicants.

A. In respect to the license to be issued under this chapter for a business, in all cases where the amount of license fee to be paid is measured by gross receipts, the applicant for such license shall furnish to the business license officer for purposes of ascertaining the 835
amount of the license fee to be paid by the applicant, a sworn statement, upon a form provided by the business license officer, setting forth such information as may be therein required and as may be additionally requested by the business license officer to determine the amount of the license fee to be paid by the applicant.

B. If the amount of the license fee to be paid by the applicant for a new business is measured by gross receipts, the applicant shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the business license officer as reasonable, shall be used in determining the amount of the license fee to be paid by the applicant; provided, that the amount of the license fee so determined shall be tentative only, and the licensee shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the business license officer with a sworn statement, upon a form furnished by the business license officer, showing the gross receipts during the period of such license. The license fee for such period shall thereupon be finally ascertained by the business license officer and paid in the manner provided by this chapter for the ascertaining and paying of annual license fees for other businesses, after deducting from the amount of the fee found to be due, the amount paid at the time the license was issued or renewed.

C. The business license officer shall not renew or issue to a licensee, any license for the same or any other business or location, until such licensee shall have furnished to the business license officer the sworn statement and paid all license fees as herein required. (Ord. 3 § 1 (part), 1991: prior code § 5.02.051)

5.04.270 Extension of time for filing--Compromise of claims.

In addition to all other powers conferred upon him or her by this chapter, the business license officer shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such cases to waive any penalty which would otherwise have accrued. The business license officer shall have the further power, with the advice and consent of the claims board of the city, to compromise any claim as to the amount of license fee due. (Ord. 3 § 1 (part), 1991: prior code § 5.02.053)

5.04.280 Renewal of licenses.

A. Information to determine fee. Every applicant for the renewal of a license shall submit to the business license officer the application fee determined by resolution of the city council therefor, together with a sworn statement, upon a form to be provided by the business license officer, setting forth such information concerning the applicant's business during the preceding year as may be required by the business license officer to enable him or her to ascertain the amount of the license fee to be paid by the applicant pursuant to the provisions of this chapter.
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B. New licensing requirements. Whenever a new requirement is added to Section

5.04.250, Conditions of application, after a license has been issued, in order to renew the license, the license-holder must demonstrate compliance with all requirements of Section

5.04.250 in effect when the application for renewal is made. (Ord. 447 § 1, 2010; Ord. 3 § 1 (part), 1991: prior code § 5.02.055)

5.04.290 Statements not conclusive--Information confidential.

A. No statements or applications required hereunder shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sums as are actually due and payable hereunder.

B. The business license officer shall not make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license or pay a license fee under the provisions of this chapter, or to divulge the amount or source of income, profits, losses, expenditures, or any particular thereof set forth in any statement or application, or to permit any statement or application, or copy of either, or any other document relating thereto which contains specific information as to the amount or source of income or expenditures of any person obtaining a license to be seen or examined by any person; provided, that nothing to this section shall be construed to prevent the disclosure to or examination of records by another city agent for the sole purpose of administering or enforcing any of the provisions of this chapter or auditing of accounts of the business license officer, federal or state officials, or a grand jury or court of law upon subpoena or in a legal or administrative proceeding to determine the existence or amount of any license fee liability of the particular licensee to the city; nor shall the disclosure of the names and addresses of persons to whom licenses have been issued and the general type of their business be prohibited under this section, together with general statistics regarding business fees collected or business done in the city.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.057)

5.04.300 Failure to file statement or corrected statement.

A. If any person fails to file any required statement within the time prescribed, or if, after demand therefor made by the business license officer, any person fails to file a corrected statement, the business license officer may determine the amount of license fee due from such person by means of such information as he or she may be able to obtain or estimate.

B. If such determination is made, the business license officer shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the person so assessed at his or her last known address.

Such person may, within fifteen (15) days after the mailing, or serving of such notice, make application in writing to the business license officer for a hearing on the amount of license 837
fee. If such application is made, the business license officer shall cause the matter to be set for hearing within fifteen (15) days. The business license officer shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The business license officer shall consider all evidence produced, and shall make findings and a decision based thereon. (Ord. 3 § 1 (part), 1991:
prior code § 5.02.059)

5.04.310 Enforcement of chapter--Right of entry.

A. It shall be within the authority of the business license officer to enforce each and all of the provisions of this chapter. The chief of police shall render such assistance in the enforcement of this chapter as may from time to time be required by the business license officer.

B. The business license officer, and each and any of his or her assistants, and any police officer, shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed under this chapter, and demand an exhibition of its license. Any person having in his or her possession or control the license for such business, and who wilfully fails to exhibit it on demand is guilty of a violation of this chapter. It shall be within the authority of the business license officer to cause a civil or criminal complaint to be filed in a court of competent jurisdiction against any person found to be violating any provision of this chapter.

C. Each person subject to the provisions of this chapter shall keep complete records of business transactions, including sales receipts, purchases and other expenditures, state and federal income tax returns, including schedules and records included in such returns. Such persons shall retain such records for examination by the business license officer and maintain such records for a period of at least three years after preparation thereof or after the date of the last entry therein, whichever is later. No person required under this section to keep records shall refuse to allow authorized representatives of the business license officer to examine the records at reasonable times and places. (Ord. 3 § 1 (part), 1991: prior code § 5.02.061)

5.04.320 Penalty for violation.

Any person who violates any of the provisions of this chapter, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.32.010 through 1.32.020 of this code.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.063)

5.04.330 Continuing violations.
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The carrying on of any business without complying with the requirements of this chapter is a separate violation of this code for each and every day that such business is carried on. (Ord. 3 § 1 (part), 1991: prior code § 5.02.065)

5.04.335 Suspension or Revocation of business license.

A. Any business license issued pursuant to the provision of this chapter may be suspended or revoked by the city councilbusiness license officer on the basis of any of the following:

1. That the business or activity has been conducted in an illegal or disorderly manner;

2. That any operator of the business or activity has an unfit character;

3. That the purpose for which the permit has been issued is being abused to the detriment of the public;

4. That the permit is being used for a purpose different from that for which it was issued;

5. That the permittee has misrepresented any fact in the application for permit or has not answered each question therein truthfully;
B. Unless otherwise provided in this chapter, in the event a permit is suspended or revoked pursuant to the provisions of this chapter, another permit shall not be granted to such person within twelve twenty-four (1224) months after the date of such suspension or revocation. The business license officercity council's determination following a suspension or revocation hearing shall be subject to appeal as set forth hereinfinal and conclusive in the matter.
(Ord. 466 § 1, 2011:Ord. 447 § 1, 2010: Ord. 279 § 2 (part), 2003)

5.04.340 Appeals from denial, suspension or revocation of business license or permit.

A. Any person aggrieved by the denial of an application for a business license or permit, denial of an application for renewal of a business license or permit, suspension or revocation of a business license or permit, or any other decision of the city with respect to the issuance or refusal to issue a license or permit or the suspension or revocation of such license or permit subject to the appeals provisions of this chapter (“administrative decision”), may appeal the administrative decision by filing an appeal with the office of the city clerk within fifteen (15) calendar days from the date the notice of the administrative decision was mailed to the applicant. If the fifteenth day falls on a Saturday, Sunday or city holiday, the appeal may be filed on the next day city hall is open for business. The appeal document must be received by the office of the city clerk within the applicable time period and not just mailed within such time. This appeal process applies to the denial, suspension or revocation of all licenses issued pursuant to Title 5 of this Code.those permits referenced in sections 5.26 Alcoholic Beverage Sales, 5.18 Massage Business and Massage Therapists 839
and 5.27 Short-Term Vacation Rental. The person who files such an appeal shall be known as the “appellant.” Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee of fifty dollars ($50.00) or such other fee as may be required by other enactment of the city council.

1. The appeal shall set forth the administrative decision being appealed and the reasons why the decision should be reversed or modified. The city clerk shall promptly forward a copy of the appeal to the city manager and administrative independent hearing officer.

2. In the event an appeal is timely filed, an administrative decision concerning the denial of business license or permit, or the suspension or revocation of a license or permit shall not be effective until a final decision by the administrative hearingindependent officer has been made pursuant to this section. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s right to an appeal. If no timely appeal is filed, the administrative decision shall become effective upon expiration of the period for filing an appeal. In the event a notice of appeal fails to set forth any information required by this section, the city clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five (5) days in which to perfect and refile the notice of appeal.

3. Upon receipt of a timely appeal, the city clerk shall make arrangements for the selection of an independentadministrative hearing officer to conduct the appeal hearing.

The independentadministrative hearing officer shall be a person knowledgeable in municipal affairs, including, but not limited to, attorneys, retired judges, a reputable firm providing mediators and arbitrators, local government officials, or the State Office of Administrative Hearings (or its successor office). Not less than fifteen (15) days prior to the appeal hearing, the city clerk shall notify the city manager and the appellant of the name of the hearing officer who has been selected to hear the appeal. The independentadministrative hearing officer shall be fair and impartial and shall have no bias for or against the city or the appellant.

4. Any documents or evidence to be used by the city and/or the appellant during the appeal hearing must be provided to the independentadministrative hearing officer and the other party for review at least ten (10) days prior to the appeal hearing.

5. At the appeal hearing, the independentadministrative hearing officer shall receive oral and written evidence from the city and the appellant. a. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely in the conduct of serious affairs. b. The independentadministrative hearing officer shall have broad authority to control the proceedings and to allow for cross examination of witness in a fair and 840
impartial manner. The independentadministrative hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of their case.
c. The city shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. d. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The appellant's failure to appear at a hearing shall constitute a waiver of the right to a hearing and a forfeiture of the hearing fee deposit. An appellant's failure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative decision. Any administrative fine applicable to the administrative decision, and additional hearing fees, if any, shall be immediately due and payable to the city.
e. The independentadministrative hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. The party requesting the continuance shall pay the costs of the hearing officer, if any, for the cancelled hearing.
i. The independentadministrative hearing officer may uphold, modify or reverse the administrative decision of the city.
ii. Within ten (10) days of the conclusion of the appeal hearing, the independentadministrative hearing officer shall render his or her decision and make written findings supporting the decision. The independentadministrative hearing officer shall send the decision to the city clerk. Upon receipt of the hearing officer’s decision, the city clerk shall notify the city manager, the respective department and the appellant of the decision and provide them with a copy of the hearing officer’s decision, along with a proof of mailing.
iii. The independentadministrative hearing officer’s decision shall be final and conclusive as to the city and the appellant and no further administrative appeal from the hearing officer’s decision shall be available. Any legal action challenging the administrative independent hearing officer’s decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the hearing officer’s opinion, pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure.
f. Any notices which either party may desire to give to the other party in connection with the appeal under this section must be in writing and may be given either by: (1) personal service; (2) delivery by a reputable document delivery service, such as, but not limited to, federal express, that provides a receipt showing date and time of delivery; or (3) mailing in the United States mail, first class mail, postage prepaid, addressed to the address to the city at city hall or to the appellant at the address set forth in the notice of appeal. 841
Notice shall be effective on the date of personal delivery or the date when the notice was deposited in the mail or reputable document delivery service. g. If the independentadministrative hearing officer overturns the administrative decision or substantially modifies it in favor of the appellant, the appeal fee shall be refunded to the appellant.
h. The city manager shall have the authority to establish all appropriate administrative regulations for the fair and efficient implementation of this section, conducting hearings and rendering decisions pursuant to this section. i. Notwithstanding the procedures set forth in this section, the city manager shall have the authority to enter into settlement agreements with an appellant that justice may require and that are consistent with the purposes of this title. (Ord. 579, Exhibit A, 2022)

5.04.350 Fees a debt to city--Actions for collection of fees.

The amount of any license fee, penalty, or interest, or any combination thereof, imposed by the provisions of this chapter shall be deemed a debt to the city. Pursuant to Section

3.04.080 of this code, an action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent fee, penalty, interest, or charge due hereunder.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.069)

5.04.360 Remedies cumulative.

All remedies and enforcement measures provided to the city by this chapter shall be cumulative, and the use of one or more such remedies by the city, or its duly authorized officers, shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter, whether such remedy is provided by this chapter or otherwise. (Ord. 3 § 1 (part), 1991: prior code § 5.02.071)

5.04.370 Establishment of business categories.

A. Category I. Category I businesses are businesses which are neither Category II, Category III, nor Category IV businesses. They shall be assessed business license fees on the basis of gross receipts plus fixed-rate fees, if any. The initial application fee and gross receipts assessment shall be established from time to time by resolution of the city council upon recommendation of the business license officer.

B. Category II. Category II businesses are businesses which require a complex inspection or investigation in order to grant a business license. Category II businesses also include businesses which require a greater use or frequency of public services in enforcing the 842
provisions of this chapter. The types of businesses to be placed in Category II, their initial application fee, and gross receipts or other assessment shall be set from time to time by resolution of the city council upon recommendation of the business license officer.

C. Category III. Category III businesses are those businesses which require the most complex inspection or investigation in order to grant a business license. Category III businesses also include those businesses which require the greatest frequency of public services in enforcing the provisions of this chapter. The types of businesses to be placed in Category III, their initial application fee, and gross receipts or other assessment shall be set from time to time by resolution of the city council upon recommendation of the business license officer.

D. Category IV. Category IV businesses are those businesses so designated by resolution of the city council, which, because of the manner in which their business is conducted, indicates a special method of assessment. The business license fee for Category IV businesses shall be set from time to time by resolution of the city council and shall be not less than the minimum business license fee for Category I businesses.

E. Flat Rates. Professional license fees shall be as established as flat rate fees. This category supersedes Section 5.04.120.

F. Exempt. This category includes businesses defined in Section 5.04.060. (Ord. 279 § 1 (part), 2003; Ord. 3 § 1 (part), 1991: prior code § 5.02.075)

5.04.380 Fixed license fees--Coin-operated machines--Charges.

A. An additional business license fee shall be assessed against each business which owns, possesses, or maintains any coin-operated machine used or placed for business purposes.

The business license fee prescribed by this section is in addition to any gross receipts business license fee prescribed by this chapter for such business.

B. Nothing contained in this chapter shall be construed to allow or provide for the use or possession of any machine or device prohibited by law.

C. The fee for each type of machine shall be set by the city council by resolution from time to time upon recommendation of the business license officer.

D. The business which owns, operates, or controls one or more coin-operated machines shall, at the time of application for issuance or renewal of a license, advise the business license officer in writing as to the type and location of each such machine which is to be used within the city in the conduct of said business.

E. A sticker, tag, plate, or symbol shall be issued for each machine. One license may be issued for any number of machines to be located at a specific location or premises, with the privilege of substituting machines which are reasonably estimated to have similar gross receipts expectations.
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F. The provisions of this chapter relating to business license fees for coin-operated machines shall not be deemed to apply to:

1. Machines such as telephones and metered dispensers utilized in distributing, dispensing, or providing a public utility commodity or service by a public utility subject to regulation by the California Public Utilities Commission, or the United States Interstate Commerce Commission, or the Federal Energy Regulation Commission;

2. Vending boxes or machines for newspapers, magazines, or other periodical publications.
(Ord. 3 § 1 (part), 1991: prior code § 5.02.077)
Chapter 5.12
(RESERVED)
Chapter 5.14

CYBER CAFES
Sections:

5.14.010 Cyber café (defined).

5.14.020 Cyber Learning Center.

5.14.030 Judicial relief for permits proceedings affecting expressive conduct.

5.14.040 Cyber cafes.

5.14.010 Cyber café (defined).
“Cyber café” shall mean an establishment that provides more than six (6) computers and/or other electronic devices for access to the internet, email, video games, or computer software programs which are networked via LAN or WAN or which functions as a client/server program and which seeks compensation in any form from users. Cyber café is synonymous with PC café, internet café, or cyber centers, but does not include a cyber learning center as defined in Section 5.14.020.
(Ord. 310 § 4, 2004)

5.14.020 Cyber Learning Center.
“Cyber learning center” shall mean an establishment that provides computer access which is operated by the City of Murrieta, a school district, a college district, a private or charter school, or is operated by nonprofit organization without monetary charge, or a privately owned for-profit after school learning center as determined by the Planning Manager and Chief of Police.
844
(Ord. 310 § 5, 2004)

5.14.030 Judicial relief for permits proceedings affecting expressive conduct.

The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus based upon final decisions rendered under the following provisions of this code:

A. Adult or Sexually Oriented businesses; Chapter 5.16.

B. News racks; Chapter 9.10.

C. Cyber cafes; Chapter 5.14.
(Ord. 310 § 6, 2004)

5.14.040 Cyber cafes.

Notwithstanding any other provisions of this chapter, cyber cafes may be conducted in any Multiple Use-2 (MU-2) or Community Commercial (CC) zones, provided they are carried on in accordance with the limitations hereinafter set forth and provided a Conditional Use Permit (CUP) is first obtained, in accordance with Section 16.52 of this code. Cyber cafes shall not be permitted in special districts or a specific plan unless explicitly set forth as a permissible use.

A. Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber café during the following periods unless accompanied by a parent or legal guardian:

1. Between 8:00 a.m. and 3:00 p.m. or after 10:00 p.m. on Monday through Friday of each week.

2. Saturday and Sunday after 10:00 p.m.

3. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth (12th) grade, operating within the city of Murrieta.

4. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size.

B. The cyber café shall not be open to customers, patrons, or any member of the public between the hours of 12:00 a.m. to 7:00 a.m.

C. A “No loitering” sign, hours of operation sign, “Persons under eighteen (18) years of age may not enter before 3:00 p.m. on school days” sign, and signs specifying truancy and curfew ordinances shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use the computer. No outside waiting or seating areas permitted. 845
D. No use shall be maintained within five hundred (500) feet of any church, public or private school below grade thirteen (13), park or public playground.

E. One (1) parking space for every three (3) machines, plus one space for every (4) seats in the waiting area.

F. Each cyber café shall provide bicycle parking.

G. Each center shall provide two (2) toilets and lavatory facilities.

H. No exterior pay phone shall be permitted.

I. No person shall be permitted to consume alcohol on the premises, nor shall any intoxicated person be permitted to remain in the café.

J. No persons who display boisterous conduct, profanity, or otherwise conduct oneself in a vulgar, indecent or violent manner shall be permitted to remain in the café.

K. It will be unlawful under this section to view, or allow viewing, of material depicting or simulating sexual conduct on the premises of any cyber café.

L. Employees shall be twenty-five (25) years of age. There shall be a minimum of one (1) employee managing the cyber café during all working hours. If the business has more than twenty (20) computers, the business is required to add one additional employee for every additional twenty (20) computers, or portion thereof, and for every twenty (20) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.

M. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance.

N. The establishment shall maintain and operate a camera/video surveillance system acceptable to the Murrieta Police Department with recording capability during all business hours. This system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on play back of the system the activity and physical features of persons or areas within the premises.

1. Tapes/disks shall be kept a minimum of seventy-two (72) hours and be available to law enforcement officials immediately upon request.

2. The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tapes/disks.

3. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance.

O. The business owner shall submit and receive approval of a fire exit plan from the Murrieta Fire Department. The plan shall address all existing requirements of the Uniform Building Code and Uniform Fire Code. This includes but not limited to providing an exiting 846
plan showing equipment location, aisle locations and dimensional widths, and having approved exit doors and panic hardware.

P. Any adult entertainment or sexually oriented business is prohibited unless specifically approved pursuant to the requirements of Chapter 5.16 of this code.

Q. Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight for a police officer.

R. The business operator, at his/her expense, shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing and Saturday through Sunday between 12:00 p.m. and closing.

1. The Chief of Police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang-related activity, weapons offenses, disturbances, and juvenile-related crimes, including truancy or other good cause.

2. Any decision of the Chief of Police may be appealed to the City Council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the Chief of Police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the Chief of Police. If such tenth calendar day ends on a Saturday, Sunday, or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.

3. All appeals shall be in writing and on forms provided by the planning department and shall specify where in there was any error or decision or requirement by the Chief of Police. Furthermore, a copy of such appeal shall be filed with the planning department and the office of the City Clerk.

4. Upon receipt of such appeal, the planning department shall set the matter for hearing by the City Council.

5. The City Council may after public hearing, affirm, reverse, change, or modify the original decision and may make additional determination that shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the office of the City Clerk and the planning department; one (1) copy thereof shall be sent to the applicant.

S. Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot candle of light. Interior lighting shall be maintained at a minimum of thirty (30) foot candles of light.

T. No pool tables or other amusement devices not directly related to internet computer devices shall be permitted.

U. No gaming tournaments for cash prizes shall be permitted. 847
V. No live music or entertainment, amplified music or entertainment, or karaoke devices shall be permitted.
(Ord. 310 § 7, 2004)
Chapter 5.16

SEXUALLY-ORIENTED BUSINESS PERMITS
Sections:

5.16.010 Purpose and intent.

5.16.020 Permit required.

5.16.030 Investigation and application.

5.16.040 Issuance of permit.

5.16.050 Annual permit fee.

5.16.060 Inspection.

5.16.070 Expiration of permit.

5.16.080 Suspension of permit.

5.16.090 Revocation of permit.

5.16.100 Transfer of permit.

5.16.110 Regulations pertaining to exhibition of sexually-explicit films or videos in video booths.

5.16.120 Prohibitions regarding minors and sexually-oriented businesses.

5.16.130 Advertising regulations.

5.16.140 Hours of operation.

5.16.150 Additional criminal prohibitions for the operation of a sexually-oriented business without a valid permit.

5.16.160 Exemptions.

5.16.010 Purpose and intent.

It is the purpose of this chapter to regulate sexually-oriented businesses as defined in Section 16.44.020 of the Development Code, being Title 16 of this Municipal Code to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent deleterious location and concentration of sexually-oriented businesses within the city. The provisions of this 848
chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexuallyoriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to in any way condone or legitimize the distribution of obscene or harmful to minors material. References in this chapter to the city manager shall be deemed to include the city's city manager or his or her designee. Reference in this chapter to the chief of police shall be deemed to include the city's chief of police or his or her designee. (Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.010)

5.16.020 Permit required.

A. No sexually-oriented business shall be permitted to operate, advertise, solicit, or promote such operation within the City without a valid permit issued by the city for the particular type of business. It is unlawful and a person commits a misdemeanor if he/she operate, advertises, solicits, or promotes or causes to be operated, advertised, solicited, or promoted a sexually-oriented business without the permit.

B. The city manager is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually-oriented business permits for proposed or existing sexually-oriented businesses. The city manager is also responsible for ascertaining whether a proposed sexually-oriented business for which a permit is being applied for complies with all locational requirements of the city zoning ordinance, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the city and the city comprehensive plan.

The chief of police is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.

The city manager is responsible for inspecting a proposed, permitted or nonpermitted sexually-oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

C. An application for a permit must be made on a form provided by the city. Any person desiring to operate a sexually-oriented business shall file with the city an original and two copies of a sworn permit application on the standard application form supplied by the city manager.

D. The completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:
a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age; 849
b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

2. If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant; he or she must state (1) the sexually-oriented business' fictitious name and (2) submit the required California registration documents.

3. Whether the applicant or any of the other individuals listed pursuant to this section, within the two- or five-year period as immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

4. Whether the applicant or any of the other individuals and or licensees of this chapter has had a previous permit under ordinance or other similar sexually-oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5. Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this chapter or other similar sexually-oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.

6. The single classification of permit for which the applicant is filing.

7. The location of the proposed sexually-oriented business, including a legal description of the property, street address, and telephone number(s), if any.

8. The applicant's mailing addresses and residential address.

9. A recent photograph of the applicant.

10. The applicant's driver's permit number, Social Security number, and or his/her state or federally-issued tax identification number.

11. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be 850
professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus-or-minus six inches.

12. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand five hundred (1,500) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand five hundred (1,500) feet of the property to be certified; and the property lines of any residentially-zoned area or residential property within one thousand five hundred (1,500) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

13. If a person who wishes to operate a sexually-oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually-oriented business or as the entity which wishes to operate such a business, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant.

E. Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the city manager, shall be grounds for suspension of a permit.

F. In the event that the city manager determines or learns at any time that the applicant has improperly completed the application for a proposed sexually-oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
G. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.

H. The applicant shall be required to pay a nonrefundable application fee of fifty dollars ($50.00) at the time of filing an application under this section of this chapter.

I. Prior to obtaining any permit or license occupational license to operate any business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city manager a certification that the proposed location of such business complies with the locational requirements of the Murrieta zoning ordinance. 851
J. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually-oriented business permit.

K. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city manager, the chief of police's office and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.020)

5.16.030 Investigation and application.

A. Upon receipt of an application properly filed with the city and upon payment of the nonrefund-able application fee, the city manager shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the chief of police's office and any other city agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually-oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within twenty (20) days of receipt of the application by the city manager. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor.

B. A department or agency shall disapprove an application if it finds that the proposed sexually-oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city manager.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.030)

5.16.040 Issuance of permit.

A. The city manager shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth day, the applicant may be permitted to begin operating the business for which the permit is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for that denial.

B. Grant of Application for Permit.

1. The city manager shall grant the application unless one or more of the criteria set forth in subsection C of this section is present.
852

2. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually-oriented business.

The permit shall also indicate that the sexually-oriented business whether permitted or not may be subject to prohibitions against public nudity in indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 4.5.560, III S.Ct. 2456, 59 USLW 4745 1991 and any applicable California statutes. The permit shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it can be easily read at any time.

C. Denial of Application for Permit.

1. The city manager shall deny the application for any of the following reasons:
a. An applicant is under eighteen (18) years of age.
b. An applicant or an applicant's spouse is overdue on his/her payment to the city of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually-oriented business.
c. An applicant is residing with a person who has been denied a permit by the city to operate a sexually-oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually-oriented business has been revoked within the preceding twelve (12) months.
d. An applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form.
e. The premises to be used for the sexually-oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating the compliance. f. The application or permit fees required by this chapter have not been paid. g. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter including but not limited to the zoning location requirements for a sexually-oriented business.
h. The granting of the application would violate a statute, ordinance, or court order. i. The applicant has a permit under this chapter which has been suspended or revoked.
j. An applicant has been convicted of a “specified criminal” act for which:
i. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal” acts which are crimes against children, sexual abuse, rape or crimes connected with another sexually-oriented business including but not limited 853
to distribution of obscenity, harmful to minors violations, prostitution, pandering, or tax violations;
ii. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the “specified criminal” acts which are crimes against children, sexual abuse, rape or crimes connected with another sexually-oriented business including but not limited to distribution of obscenity, harmful to minors violations, prostitution, pandering, or tax violations;
iii. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the “specified criminal” acts which are crimes against children, sexual abuse, rape or crimes connected with another sexually-oriented business including but not limited to distribution of obscenity, harmful to minors violations, prostitution, pandering or tax violations; offenses occurring within any twenty-four-month period; iv. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
v. An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually-oriented business permit only when the time period required above has elapsed.

2. If the city manager denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial.

3. If the person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.040)

5.16.050 Annual permit fee.

The annual fee for a sexually-oriented business permit shall be set by resolution of the city council.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.050)

5.16.060 Inspection.

A. An applicant or permittee shall permit representatives of the city manager, city chief of police's office, the city health department, and the fire department to inspect the 854
premises of a sexually-oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

B. It is unlawful and a person who operates a sexually-oriented business, regardless of whether or not a permit has been issued for the business under this chapter, or his or her agent or employee commits a misdemeanor if he or she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business. (Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.060)

5.16.070 Expiration of permit.

A. Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 5.16.020 (for renewals, filing of original survey shall be sufficient) of this chapter. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.

B. When the city manager denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city manager finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.070)

5.16.080 Suspension of permit.

The city manager shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has:

A. Violated or is not in compliance with any section of this chapter; or B. Engaged in excessive use of alcoholic beverages while on the sexually-oriented business premises; or
C. Refused to allow an inspection of sexually-oriented business premises as authorized by this chapter; or
D. Knowingly permitted gambling by any person on the sexually-oriented business premises; or
E. Operated the sexually-oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, the determination being based on investigation by the division, department or agency charged with enforcing the rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the 855
permittee fails to correct the violation before the expiration of the seven-day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected; or F. Engaged in permit transfer contrary to this chapter. In the event that the city or its designee, suspends a permit on the ground that a permittee engaged in a permit transfer contrary to this chapter, the city or its designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.080)

5.16.090 Revocation of permit.

A. The city manager shall revoke a permit if a cause of suspension and the permit has been suspended within the preceding twelve (12) months.

B. The city manager shall revoke a permit upon determining that:

1. A permittee gave false or misleading information in the material submitted during the application process; or

2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or

3. A permittee or an employee has knowingly allowed prostitution on the premises; or

4. A permittee or an employee knowingly operated the sexually-oriented business during a period of time when the permittee's permit was suspended; or

5. A permittee has been convicted of a “specified criminal act” for which the time period required of this chapter has not elapsed; or

6. On two or more occasions within a twelvemonth period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually-oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or

7. A permittee is delinquent in payment to the city or state for any taxes or fees past due; or

8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
856

9. The permittee shall have the right to appeal any intended denial, suspension or revocation of the permit pursuant to Sections Chapter 2.28.010 through 2.28.0405.04 of this code. All administrative actions shall be stayed pending the completion of the hearing process.

C. When the city manager revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually-oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the city or its designee finds that the basis for revocation has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. (Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.090)

5.16.100 Transfer of permit.

A. A permittee shall not operate sexually-oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:

Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the city manager, setting forth the information called for under Section 5.16.020 of this chapter in the application; and

2. Pays a transfer fee of twenty (20) percent of the annual permit fee set by this chapter.

C. No permit may be transferred when the city manager has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

D. A permittee shall not transfer his or her permit to another location.

E. Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void and the permit shall be considered abandoned. (Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.100)

5.16.110 Regulations pertaining to exhibition of sexually-explicit films or videos in video booths.

A person who operates or causes to be operated a sexually-oriented business, other than a sexually-oriented motel/hotel and regardless of whether or not a permit has been issued to the business under this chapter, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video 857
reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

A. Upon application for a sexually-oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted.

A professionally-prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus-or-minus six inches. The city manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

B. The application shall be sworn to be true and correct by the applicant.

C. No alteration in the configuration or location of a manager's station may be made without the prior approval of the city manager.

D. It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

E. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

F. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in subsection F of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 5.16.130 of this chapter.

G. No viewing room may be occupied by more than one person at any one time.

H. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two foot candle as measured at the floor level. 858
I. The owners and operator insure that the illumination described above is maintained at all times that any patron is present on the premises.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.110)

5.16.120 Prohibitions regarding minors and sexually-oriented businesses.

No person shall operate or cause to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for the business under this chapter, and knowingly or with reasonable cause to know, permit, suffer, or allow:

A. Admittance of a person under eighteen (18) years of age to the business premises; B. A person under eighteen (18) years of age to remain at the business premises; C. A person under eighteen (18) years of age to purchase goods or services at the business premises; or
D. A person who is under eighteen (18) years of age to work at the business premises as an employee.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.120)

5.16.130 Advertising regulations.

A. It is unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for the business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

B. It is unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for the business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually-oriented business in any advertising. This prohibition shall not extend to advertising of the existence or location of such sexuallyoriented business.

C. Nothing contained in this chapter shall relieve the operator(s) of a sexually-oriented business from complying with the requirements of the city zoning ordinance, as it may be amended from time to time, or any subsequently enacted city ordinances or regulations. (Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.130)

5.16.140 Hours of operation.
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A. No person shall operate or cause to be operated a sexually-oriented business, regardless of whether or not a permit has been issued for the business under this chapter, and allow such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of one a.m. and nine a.m. of any particular day.

B. No person shall work as an employee of a sexually-oriented business, regardless of whether or not a permit has been issued for the business under this chapter, if the employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of one a.m. and nine a.m. of any particular day.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.140)

5.16.150 Additional criminal prohibitions for the operation of a sexually-oriented business without a valid permit.

A. In addition to the criminal provisions found at other sections of this chapter, the following additional criminal provisions shall also apply to sexually-oriented businesses.

B. No person shall operate or cause to be operated a sexually-oriented business, if:

1. The business does not have a sexually-oriented business permit under this chapter for any applicable classification;

2. The business has a permit which is under suspension;

3. The business has a permit which has been revoked; or

4. The business has a permit which has expired.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.150)

5.16.160 Exemptions.

A. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and 860
b. Where, in order to participate in a class a student must enroll at least three days in advance of the class, and
c. Where no more than one nude model is on the premises at any one time.

B. It is a defense to prosecution for a violation of this chapter that an employee of a sexually-oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.160) Chapter 5.17
(RESERVED)
Chapter 5.18

MASSAGE BUSINESSES AND MASSAGE THERAPISTS
Sections:

5.18.010 Citation of chapter.

5.18.020 Findings and purpose.

5.18.030 Definitions.

5.18.040 Massage, general requirements.

5.18.050 Massage business permits.

5.18.060 Existing residential massage establishments.

5.18.070 Couples massage permit.

5.18.080 Outcall massage.

5.18.090 Massage operating requirements.

5.18.100 Advertising.

5.18.110 Inspection by officials.

5.18.120 Violation and penalty.

5.18.130 Public nuisance.

5.18.140 Denial, suspension and revocation of permits.

5.18.150 Exemptions.

5.18.160 Fee modification and allocation.
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5.18.010 Citation of chapter.

This chapter may be cited as the City of Murrieta Massage Businesses and Massage Therapists Ordinance.
(Ord. 565-21, Exhibit A (part), 2021)

5.18.020 Findings and purpose.

The City Council finds and declares as follows:

A. The purpose of this chapter is to provide for the orderly regulation of massage businesses and massage therapists within the City of Murrieta.

B. The requirements and restrictions imposed by this chapter are reasonably necessary to protect the public health, safety and welfare.

C. This chapter is adopted under the authority of California Business and Professions Code sections 460(c), 4600 et seq., and 16000; California Government Code Sections 37101 and 51030 through 51034; and the California Constitution Article XI, Section 7.

D. This chapter shall not be construed in a manner that is inconsistent with any state law governing the practice of massage. (Ord. 565-21, Exhibit A (part), 2021)

5.18.030 Definitions.

Whenever the following words and phrases are used in this chapter, they shall mean:
"California Massage Therapy Council or CAMTC" shall mean the non-profit organization created by the State of California pursuant to California Business and Professions Code sections 4600 et seq. to regulate the massage industry. "CAMTC Certificate" shall mean a current, valid and authentic certificate issued by the California Massage Therapy Council to a massage therapist. "City" shall mean the City of Murrieta.
"Couples massage" shall mean a massage performed by two (2) massage therapists to two (2) persons in the same room at the same time within a massage establishment or massage accessory use business that possesses a current, valid and authentic couples massage permit.
"Couples massage permit" shall mean a permit issued by the city to perform a couples massage as required by this chapter.
"Existing massage business/establishment/ therapist" shall mean any massage business, massage establishment or massage therapist, as applicable, as those terms are defined by this chapter, legally operating or established in the city as of October 2, 2021, that 862
continuously operates in the city with a current, valid and authentic business license issued by the city and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations. "Health Department" shall mean the Department of Public Health and/or the Department of Environmental Health of the County of Riverside.
"Inspector" shall mean anyone employed with the City’s Building and Safety Division, Code Enforcement Division, Fire Department, Police Department and/or City Attorney’s Office who may conduct an inspection of a massage business pursuant to this chapter. "Manager" shall mean any person(s) designated by the owner or operator of the massage business to act as the representative and agent of the owner and operator in managing the day-to-day operations of the massage business with the same liabilities and responsibilities as the owner and operator.
"Massage" shall mean the scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code. "Massage accessory use" shall mean any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16, unless expressly exempted.
"Massage accessory use permit" shall mean a permit issued by the city to operate a massage accessory use as required by this chapter.
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"Massage business" shall mean any massage business authorized to operate in the city pursuant to this chapter, including massage accessory use, massage establishment, outcall massage, and residential massage establishment businesses, as those terms are defined by this section.
"Massage establishment" shall mean any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code. "Massage establishment permit" shall mean a permit issued by the city to operate a massage establishment as required by this chapter.
"Massage therapist" shall mean any person who performs massage on another person for any form of consideration whatsoever. For purposes of this definition, the terms “massage therapist,” “massage practitioner,” or any other terms used within the massage industry shall have the same meaning.
"Operator" shall mean any person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the daily operations, conduct or activities of a massage business.
"Outcall massage" shall mean massage performed by a massage therapist employed by a massage establishment or massage accessory use location at any location other than the operational address of the massage establishment or massage accessory use location identified on the massage establishment permit or massage accessory use permit. For purposes of this definition, the term “off-premises massage”, “mobile massage”, or any other terms used within the massage industry shall have the same meaning. "Outcall massage permit" shall mean a permit issued by the city to perform outcall massage as required by this chapter.
"Owner" shall mean any of the following:

A. The sole practitioner of a sole proprietorship that owns a massage business; B. Any general partner of a general limited partnership that owns a massage business; C. Any person who has five percent (5%) or greater ownership interest in a corporation that owns a massage business;
D. Any person who is a member of a limited liability company that owns a massage business;
E. All owners of any other type of business entity that owns a massage business; or F. Any person identified as an owner on a massage establishment permit or any other license, permit or entitlement issued by the city to operate a massage business. "Permit" shall mean any permit or license issued by the city pursuant to this chapter relating to operating a massage business.
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"Person" shall mean any natural person, firm, association, business, trust, organization, partnership, corporation, company, joint venture, or any other entity or combination of individuals of whatever form or character.
"Residential massage establishment" shall mean a massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations.
"Residential massage establishment permit" shall mean a permit issued by the city to operate a residential massage establishment as required by this chapter. "Specified anatomical area" shall mean any of the following areas of the human body:
pubic region, human genitals, perineum, anal region, and the female breasts. (Ord. 565-21, Exhibit A (part), 2021)

5.18.040 Massage, general requirements.

A. CAMTC Certificate required.

1. Massage therapist. Except as otherwise provided in this chapter, it shall be unlawful for any person to perform massage or advertise, solicit or promote the performance of massage, whether as full-time, part-time or temporary status, as an employee, sole practitioner, or independent contractor of a massage business, or in any other capacity within the jurisdiction of the city, unless that person possesses a current, valid and authentic CAMTC Certificate.

2. Massage business. Except as otherwise provided in this chapter, it shall be unlawful for any massage business to operate or advertise, solicit or promote such operation, within the jurisdiction of the city, unless all persons utilized by the massage business to perform massage, whether as full-time, part-time or temporary status, as an employee, sole practitioner, or independent contractor, or otherwise, possess a current, valid and authentic CAMTC Certificate.

B. City business license required. All massage businesses must obtain a city business license pursuant to Chapter 5.04 of this municipal code.

C. Independent contractors. Any independent contractor(s) utilized by a massage business to perform massage must obtain a city business license and must provide a current valid, and authentic CAMTC Certificate to the city prior to performing massage.

D. Permit issuance. Except as otherwise provided in this chapter, the procedures to follow to obtain a permit under this chapter are those set forth in the uniform licensing procedures under Chapter 5.04 of this municipal code. Any permit issued pursuant to this chapter shall be issued by the Chief of Police, or his or her designated representative, and shall be valid for a period of one (1) year from the date of such issuance. The Chief of Police, 865
or his or her designated representative, shall have the authority to review the requirements contained in the permit application and renewal application forms, and modify the applications, as necessary.

E. Existing massage businesses/therapists. Unless expressly exempted by this chapter, the provisions of this chapter shall be applicable to all massage businesses and massage therapists described herein, whether or not the activities herein described were established before or after October 2, 2021. Any existing massage business/therapist must be in full compliance with the applicable requirements of this chapter and Title 16 of this municipal code no later than October 2, 2021.
(Ord. 565- 21, Exhibit A (part), 2021)

5.18.050 Massage business permits.

This section shall apply to the issuance or renewal of any permit issued pursuant to this chapter.

A. Permit application. An application for a permit shall be filed on a form provided by the city, shall be signed and submitted under penalty of perjury, and shall include the appropriate filing fee. A permit application shall include the following information, which must be updated when there is any personnel change to ensure that the city has current information on file at all times relating to the massage business; the owners, operators and managers of the massage business; and all massage therapists who perform massage or who will perform massage for the massage business, as applicable:

1. Legal name of the massage business.

2. Form of business under which the massage business will operate (i.e. corporation, limited liability company, general or limited partnership, sole proprietorship, or any other form).

3. Address of the massage business.

4. Legal name, address and telephone number of the real property owner of the premises at which the massage business will operate, and an executed copy of any lease or rental agreement for the premises.

5. Complete description of all services to be provided by the massage therapists.

6. Legal name of all massage therapists who will perform massage for the massage business, and a copy of their current, valid and authentic CAMTC Certificates. The legal name of any massage therapist hired after the submittal of an application must be reported to the city prior to the massage therapist performing any massage for the massage business.

7. Legal name of all owners, operators and managers of the massage business. 866

8. Current residential address and telephone number, previous two residential addresses, and current business address and telephone number of all owners, operators and managers of the massage business.

9. Current, valid and authentic driver’s license and/or photo identification card issued by a state or federal government agency, or other photographic identification bearing a bona fide seal by a foreign government, of all owners, operators and managers of the massage business.

10. Date of birth, gender, height, weight, color of hair, and color of eyes of all owners, operators and managers of the massage business.

11. Signed statement by each owner, operator and manager of the massage business who does not possess a current, valid and authentic CAMTC Certificate, authorizing the Police Department to conduct a background check of that individual, and including the following: (i) any and all aliases and fictitious names used by the individual within the last five (5) years; (ii) the individual’s business, occupation and employment history for the last five (5) years; (iii) the inclusive dates of such employment history; (iv) the name and address of any massage business or similar business owned, operated or managed by the individual; and (v) any other information as may be reasonably required to identify the individual and to ensure compliance with all applicable laws, rules and regulations.

12. Signed statement by each owner, operator and manager of the massage business acknowledging the following: (i) all of the information contained in the permit application is true and correct; (ii) all owners, operators and managers are familiar with the requirements of this chapter and all applicable requirements of Title 16 of this municipal code, and shall communicate those requirements to employees of the massage business, and also to patrons of the massage business on inquiry or as called for by specific circumstances; (iii) all owners, operators and on-duty managers are responsible for the massage business and the conduct of all persons who perform massage for the massage business, and ensuring compliance with this chapter and all applicable requirements of Title 16 of this municipal code; (iv) any act or omission of any employee of the massage business constituting a violation of any provision of this chapter and all applicable requirements of Title 16 of this municipal code shall be deemed to be an act or omission of the owner, operator and on-duty manager for purposes of determining whether to suspend or revoke a permit and/or a city business license, or deny the renewal of a permit and/or a city business license; and (v) failure to comply with Business and Professions Code section 4600 et seq., or with any local, state or federal laws, rules or regulations and/or the provisions of this chapter and all applicable requirements of Title 16 of this municipal code may result in the suspension, revocation or non-renewal of a permit and/or a city business license.

13. Proof of insurance provided by an insurance company authorized to do business in the State of California evidencing that the massage business and all massage therapists performing massage for the massage business, are insured under a liability insurance policy providing minimum coverage of two million dollars ($2,000,000) for personal injury or death to any person arising out of or in connection with the operation of any massage 867
business and the performance of massage for the massage business. All massage businesses must comply with the requirements of California Labor Code section 3700 et seq. Such insurance required by this subdivision shall remain in full force and effect at all times throughout the operation of the massage business.

B. Permit renewal application. An annual permit renewal application shall be required for any permit issued pursuant to this chapter. Renewal applications shall be filed on a form provided by the city no later than thirty (30) days prior to the expiration date of an existing permit, shall be signed and submitted under penalty of perjury, and shall include the appropriate renewal filing fee. Renewal applications shall include updated information to the information required under subdivision (a) of this section when there is any personnel change to ensure that the city has current information on file at all times relating to the massage business, the owners, operators and managers, and all massage therapists who perform massage or who will perform massage for the massage business.

C. Approval or denial of permit. The city shall issue a permit or renewal permit, as applicable, upon demonstration of the following:

1. The massage business, the owners, operators and managers, and all massage therapists who perform massage or who will perform massage for the massage business would comply with all applicable laws, including, but not limited to, the city’s building, fire, zoning, land use approvals, business license regulations; applicable Health Department regulations; and all other applicable local, state and federal health, zoning, fire and safety laws, rules, requirements, standards, and regulations, including, but not limited to, the California Building Standards Code and the California Fire Code.

2. The massage business employs or uses only massage therapists to perform massage who possesses a current, valid and authentic CAMTC Certificate.

3. The owners, operators and managers of the massage business have provided all information, documentation, and assurances required by this chapter and all applicable requirements of Title 16 of this municipal code to the city; have not failed to reveal any fact material as to qualification; and have not supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria.

4. The background check for any owners, operators and managers authorized by this chapter shows that such owners, operators and managers have not been required to register under the provisions of Penal Code section 290 (sex offender registration); have not been convicted of a violation of Penal Code sections 266(h) (pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame for the purposes of prostitution or lewdness), 316 (keeping a disorderly house, disturbing the peace for the purposes of assignation or prostitution), 318 (prevailing upon any person to visit a place for prostitution), 647(a) (soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute), or have not pled nolo contendere or have not been convicted of a violation of any lesser related offense, including, but not limited to, Penal Code section 415, in satisfaction of, or as a substitute for, any of the aforementioned offenses; have not been convicted of any felony drug-related offense involving the controlled substance specified in Health and Safety Code sections 868
11054, 11055, 11056, 11057 or 11058; have not been convicted of any act involving theft, dishonesty, fraud, deceit or moral turpitude; have not been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the aforementioned offenses; have not had an individual or business permit, certificate or license with any agency, board, city, county, territory or state-denied, revoked or suspended within the last ten (10) years; and have not been subject to an injunction for nuisance under Penal Code sections11225 through 11235 (red light abatement) within the last ten (10) years.
(Ord. 565-21, Exhibit A (part), 2021)

5.18.060 Existing residential massage establishments.

An existing massage business operating as a residential massage establishment in the city as of October 2, 2021, shall be considered a legal, non-conforming use, and may continue to operate so long as there is no lapse in the timely renewal of a city business license and/or residential massage establishment permit. A residential massage establishments must comply with all of the following requirements:

A. Maintain a home occupation permit issued by the city and comply with the home occupation permit requirements under Chapter 16.60;
B. The massage operations shall be purely incidental and secondary to the location’s primary use as a residential dwelling unit;
C. The operator of the residential massage establishment must reside at the residence and may not employ any persons other than immediate family members; D. All materials or mechanical equipment utilized by the residential massage establishment must be of a type normally associated with household or hobby use; E. No products shall be for sale or sold at a residential massage business, unless the residential massage business obtains an appropriate vending or sales permit from the County of Riverside;
F. Pedestrian and vehicular traffic generated by the residential massage establishment must be consistent with the location of the residential dwelling unit; G. All general sign regulations applicable in the residential land use district in which a residential massage establishment is located shall apply at a residential massage establishment; and
H. Massage must be provided in a facility separate from any living quarters. Business access to a residential massage establishment shall be separate from residential access and must comply with the requirements applicable to massage establishments, generally. 869
I. A residential massage establishment and all massage therapists who perform massage at the residential massage establishment must comply with the massage operating requirements under Section 5.18.090, unless expressly exempted. (Ord. 565-21, Exhibit A (part), 2021)

5.18.070 Couples massage permit.

A couples massage may be performed at a massage establishment or massage accessory use business pursuant to compliance with all of the following requirements:

A. The massage business where the couples massage is performed must obtain a couples massage permit. A copy of the couples massage permit shall be posted in the room where the couples massage takes place at the massage business.

B. An Inspector may inspect the massage business where the couples massage will take place to determine whether the location meets the requirements of this section and all other requirements imposed by this chapter and all applicable requirements of Title 16 of this municipal code prior to the issuance of a couples massage permit.

C. A couples massage may only be performed in a room of at least 100 (one hundred) square feet in size.

D. Two (2) massage tables must be present in the room where the couples massage takes place and only one (1) patron is allowed to receive a massage on each table.

E. A massage business and all massage therapists who perform couples massage at the massage business must comply with the massage operating requirements under Section

5.18.090, unless expressly exempted.
(Ord. 565-21, Exhibit A (part), 2021)

5.18.080 Outcall massage.

Outcall massage may be performed pursuant to compliance with all of the following requirements:

A. A massage establishment or massage accessory use business permitted to perform outcall massage services must obtain an outcall massage permit. A copy of the outcall massage permit shall be posted at the massage establishment or massage accessory use business.

B. Any massage performed at an outcall massage location must be booked by a massage establishment or massage accessory use business. Massage therapists shall not perform any massage at any location other than the location booked by the massage establishment or massage accessory use business with which the massage therapist is affiliated. 870
C. No massage business will be permitted to operate solely as an outcall massage service.

D. Outcall massage services may comprise no more than forty percent (40%) of the annual proceeds generated by a massage establishment or massage accessory use.

E. No outcall massage may be performed at a commercial establishment, other than at the patron’s own place of business.

F. Any violation of this chapter by a massage therapist performing outcall massage may result in the suspension, revocation or non-renewal of the massage establishment permit or massage accessory use permit with which the massage therapist is affiliated.

G. An outcall massage and all massage therapists who perform outcall massage for the massage establishment or massage accessory use, as applicable, must comply with the massage operating requirements under Section 5.18.090, unless expressly exempted. (Ord. 565-21, Exhibit A (part), 2021)

5.18.090 Massage operating requirements.

No person shall engage in, conduct, carry on or perform, or permit to be engaged in, conducted, carried on or performed, massage within the jurisdiction of the city unless all of the following requirements are met, and the person is in compliance with all applicable provisions of Title 16 of this municipal code.

A. CAMTC Certificate to city. No owner, operator or manager shall operate a massage business unless a copy of a current, valid and authentic CAMTC Certificate is provided to the city for each massage therapist employed or utilized to perform massage for the massage business, prior to performing any massage.

B. Certificates posted in public view.

1. No owner, operator or manager shall operate a massage business unless a copy of a current, valid and authentic CAMTC Certificate is posted in public view for each massage therapist employed or utilized to perform massage for the massage business.

2. No owner, operator or manager shall operate a massage business unless a copy of a current, valid and authentic permit is posted in public view at the massage business.

C. CAMTC identification card worn at all times. No owner, operator or manager shall operate a massage business unless an original CAMTC-issued identification card is worn and clearly visible on each massage therapist employed or utilized to perform massage for the massage business, at all times while on-site at the massage business or at any location where an outcall massage or residential massage is performed, whether or not the massage therapist is performing massage.

D. Owner, operator or manager on-site. An owner, operator or manager approved by the city must be on the premises of the massage business at all times during business hours.

The name of the designated owner, operator or manager on-duty shall be posted in an open 871
and conspicuous public place in the lobby/reception area of the massage business, and updated on a daily basis.

E. Prohibited locations. No massage shall be performed in a short-term vacation rental, hotel or motel room, vehicle, or in the private residence of the massage therapist performing massage. Existing residential massage establishments shall be permitted to perform massage in the private residence of the massage therapist.

F. Hours of operation. Massage shall be performed only between the hours of 7:00 a.m. and 9:00 p.m. no massage shall be performed between the hours of 9:00 p.m. and 7:00 a.m.

Hours of operation must be displayed in an open and conspicuous public place in lobby/reception area of the massage business and in a location clearly visible from the outside of the massage business.

G. List of services. A list of the services available and the costs of such services shall be posted in an open and conspicuous public place in the lobby/reception area of the massage business. The services shall be described in English. No owner, operator or manager shall permit to be offered or performed, and no massage therapist shall offer or perform, any service other than those posted on the list of available services, nor shall any owner, operator, manager, or massage therapist request or charge a fee for any service other than those included on the list of available services.

H. Massage log. For each massage performed, the massage business shall keep a complete and legible written record of the following information stated in English on a form provided by the city, as may be updated from time to time by the city, or by some other method that provides substantially the same information as required by this subdivision: (i) the date and hour the massage was performed; (ii) the service received; (iii) the name of the massage therapist performing the massage; and (iv) the address where services were provided for outcall massage. Such records shall be retained on the premises of the massage business for a period of not less than two (2) years, and shall be available for inspection and copying by an Inspector during business hours.

I. Signage. A recognizable and legible sign complying with the sign regulations of this municipal code (Refer to Chapter 16.38 (Sign Standards) for further details) shall be posted at the main entrance of each massage establishment identifying the premises as a massage establishment. The signage shall not be illuminated by strobe or flashing lights. This subdivision shall not apply to massage accessory use, existing residential massage establishment, or outcall massage businesses.

J. Lighting. A minimum light level of no less than five (5) foot candles at any point within the room shall be maintained in each room or enclosure where massage is performed.

K. Lavatories, bathing facilities, saunas, steam/heat/vapor rooms.

1. Lavatories shall be provided for patrons with hot and cold running water, soap and single service towels in wall-mounted dispensers or electric hand dryers, and a trash receptacle.
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2. All walls, floors and ceilings in lavatories, bathing facilities, saunas, steam/heat/vapor rooms, and all other physical facilities must be kept in good repair and maintained in a clean and sanitary condition.

3. Steam/heat/vapor rooms shall be thoroughly cleaned and disinfected each day that the massage business is in operation.

4. Walls in lavatories, bathing facilities, saunas, and steam/heat/vapor rooms shall be smooth and waterproof.

5. Floors in lavatories, bathing facilities, saunas, and steam/heat/vapor rooms shall have a waterproof covering that extends up the walls at least six (6) inches and shall be covered at the floor-wall juncture with at least a three-eighths (3/8) inch radius.

6. Separate bathing facilities, saunas, and steam/heat/vapor rooms shall be provided for male and female patrons if male and female patrons are to be served simultaneously.

L. Massage table, table pads. A massage table shall be provided in each room at a massage business where massage is performed. Massage may only be performed on a massage table with a minimum height of eighteen (18) inches. Massage table pads up to two (2) inches thick with a maximum width of four (4) feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. A massage table or pad used for an outcall massage must be inspected and approved by the Police Department before use.

M. Linens. Towels, sheets and linens of all types and items for personal use of massage therapists shall be clean and freshly laundered. Towels, clothes, and sheets shall not be used by more than one (1) person unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper shall not be used by more than one (1) person and must be discarded into a sanitary receptacle after such use.

N. Storage cabinets, containers for linens. Cabinets shall be provided for the storage of clean linens. Containers shall be provided for the storage of all soiled linens.

O. Sterilized instruments. Disinfecting agents and sterilizing equipment shall be provided for any instruments used to perform massage.

P. Ventilation. Minimum ventilation shall be provided in accordance with the building code of the city.

Q. Plumbing and electrical. All plumbing and electrical installations shall be installed under permit in accordance with current local, state and federal laws, rules and regulations, and be subject to inspection by the Inspector.

R. Exterior windows and doors. No massage business located in a building or structure with exterior windows and/or doors facing a public street, highway, walkway, or parking area shall block visibility into the interior reception area through the use of curtains, screens, closed blinds, tints or any other material that obstructs, blurs or unreasonably darkens the view into the premises. This subdivision shall not apply to existing residential massage establishments or outcall massage.
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S. Unlocked doors.

1. No interior door of a room where massage is performed in the massage business shall be fitted with a temporary or permanently affixed lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar device).

2. No exterior door which is regularly used by the public for ingress or egress shall be locked during business hours, unless the massage business is owned by only one (1) individual with one (1) or no employees or independent contractors, provided that any such exterior door is equipped with panic hardware or other similar equipment that would provide an accessible form of egress in the event of an emergency.

T. Inspection of unoccupied rooms and areas. All unoccupied rooms and areas shall be subject to reasonable inspection during business hours.

U. Access to massage businesses. No person, other than an employee of the massage business reported to the city pursuant to this chapter, shall be allowed in the massage business other than the lobby/reception area during business hours.

V. Specified anatomical areas.

1. No owner, operator, manager, or massage therapist shall perform massage on or intentionally touch, or permit the performance of massage on or intentional touching of, the specified anatomical areas of another person, regardless of whether the contact is over or under the patron’s clothing.

2. No owner, operator, manager, or massage therapist shall enter any area of the massage business which is used by the patrons, unless the patron’s specified anatomical areas are fully covered, except to use the lavatory or dressing room.

W. Professional attire. No owner, operator or manager shall permit any massage therapist to be on the premises of a massage business during business hours to perform massage or be available to perform massage, and no massage therapist may perform massage unless the massage therapist is dressed in professional attire based on the custom and practice of the massage profession in California. The uniform shall be made of nontransparent material and may not expose any specified anatomical area. Swim attire, lingerie and undergarments may not be used as a uniform or displayed as a part of a uniform. Appropriate swim attire may be worn while performing a water-based massage modality approved by CAMTC.

X. No residential use. No massage business shall be used for residential purposes. No owner, operator or manager shall permit any person, including but not limited to any owner, operator, manager, or massage therapist to live on the premises of a massage business. This subdivision shall not apply to existing residential massage establishments or outcall massage.

Y. No school use. No massage business shall operate as a massage school, or use the same facilities as that of a massage school to operate a massage business. 874
Z. Alcohol and drugs prohibited. Service, consumption and use of alcoholic beverages, drugs, and other controlled or intoxicating substances, including cannabis, is prohibited at any massage business or at any location where an outcall massage or residential massage is performed, unless legally permitted pursuant to the provisions of this municipal code applicable to the commercial service of alcohol, including Section 16.44.030, and in compliance with all other local, state, and federal laws, rules and regulations. No person shall otherwise enter, be in or remain in any part of a massage business while in possession of, consuming, using, or under the influence of any alcoholic beverage, drug, or other controlled or intoxicating substance, including cannabis.

AA. Communicable diseases. Massage may not be performed on any person while that person has a communicable disease that may be transmitted by the performance of massage. Massage may not be performed by a massage therapist while the massage therapist has a communicable disease that may be transmitted by the performance of massage.

BB. Contraception devices prohibited. No contraception devices (e.g., condoms or other prophylactics) shall be possessed by any massage therapist while on premises of the massage business or at any location where an outcall massage or residential massage is performed.

CC. Sex devices prohibited. No device, the primary purpose of which is for sexual stimulation, shall be sold, utilized or be present at any time at a massage business or at any location where an outcall massage or residential massage is performed.

DD. Food. No food shall be prepared for sale or sold at a massage business or at any location where an outcall massage or residential massage is performed, unless the massage business obtains an appropriate food vending or sales permit from the County of Riverside.

EE. Parking. Required parking shall be provided on-site consistent with Chapter 16.34 (Off-Street Parking and Loading Standards).

FF. Refuse and recycling. Refuse and recycling containers shall be provided on-site for operations, consistent with state and city requirements. See Section 16.18.150 (Solid Waste/Recyclable Materials Storage) for requirements.
(Ord. 576, Exhibit A (part), 2022; Ord. 565-21, Exhibit A (part), 2021)

5.18.100 Advertising.

A. All advertising to perform massage by any massage therapist within the jurisdiction of the city shall include the name of the massage therapist and their CAMTC Certificate number. This requirement shall apply to any and all types of advertising, including, but not limited to, business cards, written pamphlets, social media, and internet websites, including online bulletin boards.

B. All advertising to perform massage at any massage business within the jurisdiction of the city shall include the name of the massage business and the city business license 875
number. This requirement shall apply to any and all types of advertising, including, but not limited to, business cards, written pamphlets, social media, and internet websites, including online bulletin boards.

C. No person, massage therapist or massage business shall engage in sexually suggestive advertising, including sexually suggestive photographs and language, related to massage services.

D. No person, massage therapist or massage business shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter related to performing any service prohibited by this chapter.
(Ord. 565-21, Exhibit A (part), 2021)

5.18.110 Inspection by officials.

The investigating and enforcing officials, including, but not limited to, any Inspector and the Health Department, shall have the right to enter the premises of any massage business from time to time during business hours for the purpose of making a reasonable inspection to observe and enforce compliance with the provisions of this chapter, all applicable requirements of Title 16 of this municipal code and all other applicable local, state and federal laws, rules and regulations.
(Ord. 565-21, Exhibit A (part), 2021)

5.18.120 Violation and penalty.

Every person, except those persons who are specifically exempt from this chapter, whether acting as an individual, employee, independent contractor, owner, operator, manager, or acting in any other role for the individual, employee, independent contractor, owner, operator or manager, who violates any provision of this chapter or applicable requirements of Title 16 of this municipal code shall be guilty of a misdemeanor. Upon a conviction under this section, the court shall, in addition to any other punishments it imposes, impose a fine of $100 (one hundred dollars), no part of which shall be suspended. (Ord. 565-21, Exhibit A (part), 2021)

5.18.130 Public nuisance.

It shall be unlawful and a public nuisance for any person to operate, conduct or maintain a massage business contrary to the provisions of this chapter and all applicable requirements of Title 16 of this municipal code. The city may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence proceedings for the abatement, removal and/or enjoinment thereof in any manner provided by law. 876
(Ord. 565-21, Exhibit A (part), 2021)

5.18.140 Denial, suspension and revocation of permits.

A. Grounds. In addition to the grounds for denial, suspension or revocation imposed under Chapter 5.04 of this municipal code, a permit issued by the city under this chapter, and/or city a business license issued by the city may be denied, suspended or revoked upon any of the following grounds:

1. An owner, operator or manager of the massage business is required to register under the provisions of Penal Code section 290 (sex offender registration); is convicted of a violation of Penal Code section 266(h) (pimping), 266(i) (pandering), 314 (indecent exposure), 315 (keeping or residing in a house of ill-fame for the purposes of prostitution or lewdness), 316 (keeping a disorderly house, disturbing the peace for the purposes of assignation or prostitution), 318 (prevailing upon any person to visit a place for prostitution), 647(a) (soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision of prostitute), or has pled nolo contendere or has been convicted of a violation of any lesser related offense, including, but not limited to, Penal Code section 415, in satisfaction of, or as a substitute for, any of the aforementioned offenses; have not been convicted of any felony drug-related offense involving the controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058; has been convicted of any act involving theft, dishonesty, fraud, deceit or moral turpitude; has an individual or business permit, certificate or license with any agency, board, city, county, territory or State-denied, revoked or suspended; is subject to an injunction for nuisance under Penal Code sections 11225 through 11235 (red light abatement); or is convicted of any other offense which, if committed or attempted in this state, would have been punishable as one or more of the aforementioned offenses.

2. A material misrepresentation was included on the application for a permit, and/or city business license, renewal or transfer application.

3. Violations of California Business and Professions Code sections 4600 et seq., any local, state or federal laws, rules or regulations, and/or the provisions of this chapter or Title 16 of this municipal code have occurred on the premises of the massage business.

4. An owner, operator or manager of the massage business has failed to comply with one or more of the massage operating requirements under this chapter.

5. A massage therapist, owner, operator or manager of the massage business has failed to comply with the massage advertising requirements under this chapter and/or state law.

6. Any repeat violations or any arrests that result in criminal charges shall provide a prima facie basis for revocation.

7. A permit issued by the city that is not timely renewed shall be automatically suspended. To reinstate the status of a permit suspended pursuant to this subdivision, the owner or operator must submit a permit renewal application and filing fee, together with a 877
reinstatement fee of ten percent (10%) of the filing fee, no later than thirty (30) days following the suspension date. Civil, criminal and/or administrative citations may also be issued for failure to maintain the permit. A permit that is not reinstated within thirty (30) days of the suspension date shall automatically expire and be deemed of no further force or effect. In that event, a new permit will be required to operate a massage business in the city, contingent upon city approval and subject to all applicable provisions of this chapter and Title 16 of this municipal code, including, but not limited to, any cap limitations and distance restrictions.

B. Appeal of denial, suspension or revocation. The appeal procedures for the denial, suspension or revocation of a permit shall be those set forth in Chapter 5.04 of this municipal code.

C. Prohibited operations. Upon revocation of a massage accessory use permit, massage establishment permit, residential massage establishment permit, and/or city business license pursuant to this chapter or any other provision of this municipal code, the permittee shall not operate a massage business within the jurisdiction of the city for a period of five (5) years from the date of such revocation. No massage accessory use permit, massage establishment permit, residential massage permit, and/or city business license that is revoked by the city may be transferred to any other person or entity.

D. Prohibition at same location. After a permit is revoked or not renewed for a violation of this chapter, the city will not issue a permit to operate a new massage business at the same location for a period of five (5) years following the revocation or non-renewal of the permit. For the purposes of this section, “same location” means the real property on which the massage establishment was located upon as a stand-alone business, or all parcels and addresses of real property within a shopping center, office complex, industrial park, or other multi-tenant building on which the massage establishment was established pursuant to a city-issued permit.
(Ord. 576, Exhibit A (part), 2022; Ord. 565-21, Exhibit A (part), 2021)

5.18.150 Exemptions.

The requirements of this chapter shall not apply to the following classes of persons, and no permit required under this chapter shall be required of such persons, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, occupational therapists, exercise physiologists, and acupuncturists who are licensed to practice under the laws of the State of California.

B. Registered nurses, practical nurses, or licensed vocational nurses who are licensed or registered to practice under the laws of the State of California.

C. Hospitals, nursing homes, mental health facilities, or any other health facility licensed under the laws of the State of California.
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D. Athletic trainers of any amateur, semiprofessional or professional athletes or teams, or athletic trainers hired by a local, state or federal government entity, while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event, such as track meets, triathlons, or similar single occurrence athletic events.

E. Barbers, beauticians, cosmetologists, aestheticians, and manicurists who are licensed under the laws of the State of California.

F. Any educational institution licensed and regulated by the State of California, including any portion of the institution providing massage, such as student clinics and work study programs.

G. Any other business or profession exempt from the provisions of this chapter by state law.
(Ord. 565-21, Exhibit A (part), 2021)

5.18.160 Fee modification and allocation.

The City Council shall establish, by resolution, the nonrefundable permit application and nonrefundable permit annual renewal fees for each permit issued pursuant to this chapter.

The appropriate fee shall accompany the submission of each permit application, or renewal application, as applicable, to defray in part the reasonable costs of the administration, inspection, investigation, and enforcement of this chapter and all applicable requirements of Title 16 of this municipal code. Such fees shall be:

A. Reviewed annually and adjusted, as necessary, by the City Manager, or his or her designated representative, to determine whether such fees are adequate to cover the costs of implementing the provisions of this chapter and all applicable requirements of Title 16 of this municipal code.

B. Deposited in the city’s general fund to be allocated as determined by the city.

C. Paid in addition to any other fees required under this municipal code. (Ord. 565-21, Exhibit A (part), 2021)
Chapter 5.20

SOLICITATIONS
Sections:

5.20.010 Purpose.

5.20.020 Definitions.

5.20.030 License required.

5.20.040 Terms of license and fees.
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5.20.050 Nontransferability of solicitor license.

5.20.060 License to peddle food; public health permit required.

5.20.070 Contents of license or identification card application.

5.20.080 Fingerprint report and photographs required.

5.20.090 Identification card requirement, denial, suspension or revocation.

5.20.100 Issuance of solicitor’s identification card.

5.20.110 Solicitations to unwilling recipients prohibited.

5.20.120 Commercial handbill.

5.20.130 Littering prohibited.

5.20.140 Methods of distribution.

5.20.150 Exceptions.

5.20.160 Commercial solicitation on any public street (Reserved).

5.20.170 Hours of solicitation.

5.20.180 Soliciting at public parks.

5.20.190 Allowed temporary uses.

5.20.200 Violation - penalties.

5.20.010 Purpose.

The city council finds and declares as follows:

A. That unrelated practice of solicitation of unwilling residents for any purpose jeopardizes the right of residents in the city to enjoy the privacy of their homes in tranquility and security;
B. That the interests of residents in privacy and the quiet enjoyment of residential premises are protected by reasonable regulation of the time and manner solicitation may take place at residences in the city;
C. That the risk of consumer fraud increases when the solicitor has no fixed place of business in the city and consumer complaints cannot be resolved locally and expediently; D. That the distribution of solicitation materials upon residential property in the city creates widespread litter which is unsightly, unhealthy, and difficult to remove; E. That the distribution of solicitation materials upon residential property in the city creates a serious police problem and a threat to public safety and welfare in that residential 880
property becomes cluttered with an accumulation of such materials inadvertently advertising the absence of the owner or occupant and increasing the likelihood of criminal activities on the property; and,
F. That such practices, if not in compliance with the reasonable regulation thereof, are injurious and contrary to the public health, safety and welfare of residents of the city, create a public nuisance, and should therefore be regulated by the city. (Ord. 108 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 5.06.010)

5.20.020 Definitions.

Whenever used in this chapter, unless a different meaning clearly appears from context:
“Charitable solicitation” includes solicitation for philanthropic social services or welfare. “Contribution” includes alms, food, clothing, money, property, subscription, pledge, and donations under the guise of loans of money or property. “Established place of business is a fixed place, location or building, owned or leased or rented on a yearly or monthly basis, by the person who uses such place, location or building as his or her permanent place of business.
“Goods” means goods, wares, merchandise, products, chattels or any description, magazines, periodicals, or other publications or subscriptions therefore; regularly published newspapers as defined herein excepted.
“House” means any structure, building or dwelling which has walls on all sides and is covered by a roof. House includes the land area surrounding it. “Identification card” means the solicitor’s identification card issued to a person who possesses a valid solicitor’s license or who is employed or engaged to solicit by a person licensed to do business as a solicitor with the City of Murrieta. “License” means that solicitor license which is issued to a person who is doing business as a solicitor in the City of Murrieta.
“Newspaper” means a publication appearing at regular intervals at short periods of time, as daily, weekly, biweekly, usually in sheet form and containing news that is reports of recent occurrences, political, social, moral, sporting events and items of varied character, both local and foreign, intended for the information of the general reader and has reference to the natural, plain and ordinary significance of the word newspaper and does not refer to or comprehend magazines or periodicals. Newspaper does not include regular or periodic advertising circulars, certificates, papers, coupons, books, or pamphlets. “Person” means any individual, firm, co-partnership, corporation, company, association, or joint stock organization, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, employee or other similar representative thereof.
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“Public place” means any place to which anyone may have access without trespassing. “Religious solicitation” as used in this chapter shall not mean and include the word “charitable” as defined in this chapter, but shall be given its commonly accepted definition. “Residence” means any house, apartment, condominium unit, flat, or dwelling intended for residential use.
“Services” means any act performed for the benefit of another under some arrangement or agreement whereby such act was to have been performed. “Solicit” and “solicitation” means any request directly or indirectly, verbally or in writing, for money, credit, property, financial assistance or other thing of value on the person's own behalf or on behalf of
another. Solicitation shall also include such requests made by use of the press, radio, television, telephone, or telegraph where such solicitation is not otherwise specifically regulated by state or federal law. Solicitation as defined in this chapter shall be deemed to have taken place when the request is made, whether or not the person making the same receives any contribution.
“Solicitor” for the purpose of this chapter, the term “solicitor” shall also include “peddler,” “canvasser,” “hawker,” “huckster,” “transient dealer,” “salesperson” or “itinerant vendor” and shall mean all persons, both principal or agent, who go from house to house, or to only one house, or upon any street, sidewalk, alley, plaza, or in any park or public place in the City of Murrieta, by foot or vehicle, who sell or solicit either by sample or otherwise the sale for value of goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same, for themselves or for firms which do or do not have an established place of business in the City of Murrieta or who offer to sell or distribute for value to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise or services.
(Ord. 302 § 1 (part), 2004; Ord. 108 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code §

5.06.020)

5.20.030 License required.

It is unlawful for any person, whether or not a resident of the city, or whether or not the person maintains or is employed at an established place of business, to engage in business of solicitation within the city unless a valid solicitor license has been issued to that person pursuant to the provisions of this chapter. Each individual solicitor shall obtain a license. (Ord. 302 § 1 (part), 2004; Ord. 108 § 3 (part), 1993: Ord. 3 § 1 (part), 1991: prior code §

5.06.030)

5.20.040 Terms of license and fees.
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The term of a solicitor license or identification card shall be valid for whichever is shorter - the actual solicitation period or one (1) year. Thereafter, the license or identification card may be renewed for a period of one year anytime within thirty (30) days prior to the expiration date of said license or identification card upon application therefore. (Ord. 302 § 1 (part), 2004)

5.20.050 Nontransferability of solicitor license.

No license issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.
(Ord. 302 § 1 (part), 2004)

5.20.060 License to peddle food; public health permit required.

Peddling food is defined as selling and delivering, and offering to sell and deliver, items of food and drink for immediate human consumption by a vendor to regular customers along established routes. An application for an initial or renewed license to peddle food anywhere in the city shall provide the business license clerk with a current public health permit issued to the applicant.
(Ord. 302 § 1 (part), 2004)

5.20.070 Contents of license or identification card application.

A. The applicant for a license and/or identification card shall apply to the business license division on forms prescribed by the business license division and may be required to furnish the following information about himself or herself and his or her proposed activity:

1. Name;

2. Physical description;

3. Local address;

4. Permanent address;

5. Description of the nature of his or her business;

6. Description of the nature of his or her goods or services to be offered;

7. Name and address of employer and a description of the relationship between the applicant and such employer;

8. The length of time for which such license is desired up to one year; 883

9. A statement of all convictions for all misdemeanors and felonies.

10. Upon receipt of an applicant for a license and identification card, the business license division may send copies of such applications to any officer or department which is deemed essential in order to carry out a proper investigation of the applicant. (Ord. 302 § 1 (part), 2004)

5.20.080 Fingerprint report and photographs required.

The applicant for an initial or renewed license and/or identification card shall pay a fee to the city for a fingerprint report and photograph for the applicant and each employee. (Ord. 302 § 1 (part), 2004)

5.20.090 Identification card requirement, denial, suspension or revocation.

Identification cards shall be issued to all applicants who have paid an application fee, who have complied with Section 5.20.070 of this chapter, and who have complied with all local, state and federal laws regulating such trade, business or employment, unless the proposed sales proposition shall include some element of trickery, fraud or deceit, or the applicant has been convicted of a felony involving moral turpitude within the past five (5) years or has been convicted of any crime involving sexual matters within the previous ten (10) years, in which case, in the interest of public safety and protection, the applicant shall not be granted an identification card or license.

In addition to the reasons stated above, the business license division may cause for denial, suspension or revocation of any application or identification card if it is determined that the applicant, his or her agent, representative, or employee:

A. Is convicted of any misdemeanor involving violation of any statue or ordinance regulating or taxing any business, or
B. Is convicted of any crime involving any of the offenses described under California Penal Code Section 290, or
C. Is convicted of any crime, the nature of which indicated the applicant's unfitness to act as a solicitor, or
D. Who has violated any of the provisions of this chapter, or E. Who makes any false statement or misrepresentation in his or her application for such license and/or identification card. For purposes of this section, a plea of nolo contendere, or a plea or verdict of guilty, of a finding of guilt by a court, or a forfeiture of bail is deemed to be a conviction whether probation is granted or not. (Ord. 302 § 1 (part), 2004) 884

5.20.100 Issuance of solicitor's identification card.

A. After completing its investigation of the applicant and application, and within thirty (30) days from receipt of such application, the business license division shall approve or deny the issuance of the identification card. Upon approval by the business license division, the identification card issued to the applicant shall show the physical description of the applicant, his or her name and address, both temporary and permanent, and the name of his or her principal if other than the licensee, and the nature of the business for which the license has been issued. The identification card shall show the expiration date of the license and shall contain a photograph of the licensee.

B. The license and the identification card shall also contain a statement that the card does not constitute an endorsement by the City of Murrieta or any of its employees, of the purpose or persons conducting the solicitations.
(Ord. 302 § 1 (part), 2004)

5.20.110 Solicitations to unwilling recipients prohibited.

A. No person shall solicit at any residence or at any business to which is affixed a sign indicating "No Solicitors," "No Peddlers," or any similar indication that solicitation is not desired by the owner or occupant, unless, however, expressly permitted by the owner, lessee, agent or occupant of the premises.

B. No person shall continue to solicit from another after the desire not to make a contribution has been expressed. No person shall solicit where the owner or occupant of the property has notified the solicitor that he or she is not allowed on the property.

C. No solicitor shall intentionally obstruct the free movement of any person or vehicle.

D. No solicitor shall refuse to leave any residence or other private property within the city where requested to leave by the owner or occupant, or agent of the owner or occupant.

E. No person shall distribute, peddle, pass out, give away, or circulate printed or written literature of any kind whatsoever within the city when the intended recipient thereof, or the owner, occupant or resident of any property where the literature is left has notified the distributor or disseminator of such material that they do not desire to receive such materials.

F. No person shall distribute, peddle, pass out, give away, or circulate printed or written literature of any kind whatsoever at any residence or at any business to which is affixed a sign indicating "No Handbills," or words of similar meaning, unless, however, expressly permitted by the owner, lessee, agent or occupant of the premises. (Ord. 302 § 1 (part), 2004)

5.20.120 Commercial handbill.
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Commercial handbill is defined and regulated by Chapter 8.24 of this code. (Ord. 302 § 1 (part), 2004)

5.20.130 Littering prohibited.

Litter is defined in Chapter 8.24 of this code. Littering on occupied private property and public places is regulated by Chapter 8.24 of this code. (Ord. 302 § 1 (part), 2004)

5.20.140 Methods of distribution.

Any printed or written material which may be passed out, given away, circulated or delivered in the city pursuant to law shall be:

A. Placed in the hand of the intended recipient; or
B. Bound, folded or weighted in such a manner that the material cannot be blown away, scattered or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or
C. Affixed to the premises for which it is intended by being tied or slipped over a doorknob or other protrusion.
(Ord. 302 § 2 (part), 2004)

5.20.150 Exemptions.

A. The prohibitions in Sections 5.20.120 through 5.20.140 shall not apply to solicited newspapers of general circulation as defined in the Government Code or mail distributed by the United States Government.

B. Sections 5.20.030 through 5.20.100 shall not apply to students from an elementary school, junior high school, high school, public junior or community college, public college, public university, or any private educational institution listed in Education Code Section 29003, while such students are engaged in activities associated with academic or scholastic functions sponsored by and authorized by such schools or similar organizations including Boy Scouts of America and Girl Scouts of America.
(Ord. 302 § 2 (part), 2004)

5.20.160 (Reserved).
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5.20.170 Hours of solicitation.

No solicitor shall ring the bell or knock on the door of, or attempt to gain entrance to, any residence before ten a.m. of any day and after five (5:00) p.m. during Pacific Standard Time and seven (7:00) p.m. during Pacific Daylight Savings Time. (Ord. 302 § 2 (part), 2004)

5.20.180 Soliciting at public parks.

Vending units at public parks are permitted if the following conditions are met:

A. Section 12.08.140 of the Murrieta Municipal Code relates to the Solicitation and/or Sale on Public Parks. A person shall not solicit in any manner or for any purposes, or sell or offer for sale, any goods, wares, or merchandise, therein, except:

B. By any city granted concession; or
C. By any person acting pursuant to a contract or agreement with the city.

D. Only food, beverages or recreational equipment or related items may be disposed, offered for sale, sold, rented or offered for rent except during city sponsored events whereby the city is seeking vendors for a craft fair or business expo.

E. Units vending food or beverages shall possess a valid health permit issued by the Riverside County Department of Health Services. A valid health permit is not required if waived by the Riverside County Department of Health Services.

F. Every operator shall obtain a business license as well as a solicitor license.

G. Every operator shall agree in writing to indemnify and hold harmless the City of Murrieta from and against all claims, suits, damages, costs, losses or expenses in any manner resulting from, arising out of or connected with the operation.

H. Every operator shall provide to the City of Murrieta proof of insurance coverage in the amount of one million dollars ($1,000,000) listing the City of Murrieta as an additional insured.

I. No operator shall operate any vending unit without prior authorization from the city. (Ord. 302 § 2 (part), 2004)

5.20.190 Allowed temporary uses.

An application for a temporary use permit shall be required. Temporary use is defined and regulated in Murrieta Development Code Chapter 16.70. (Ord. 302 § 2 (part), 2004)
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5.20.200 Violation - penalties.

Any person violating any provision of this chapter upon conviction thereof, shall be punished in accordance with the provisions of Section 1.32.010 through 1.32.020 of the Murrieta Municipal Code. Each such act of solicitation shall constitute a separate offense. (Ord. 302 § 2 (part), 2004)
Chapter 5.22

FORTUNETELLING ESTABLISHMENTS
Sections:

5.22.010 Definitions.

5.22.020 License required .

5.22.030 Exemptions.

5.22.040 Establishment.

5.22.050 Fortunetelling.

5.22.060 License application and renewal—Fees.

5.22.070 Application contents.

5.22.080 Required information and documents.

5.22.090 Separate license for individuals.

5.22.100 Notification of change.

5.22.110 Investigation.

5.22.120 Refusal to issue license.

5.22.130 Revocation.

5.22.140 Appeal.

5.22.150 Inspection.

5.22.160 140 Records.

5.22.170 150 Display of license.

5.22.180 160 Compliance.

5.22.190 170 Violation—Penalty.
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5.22.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings given in this section:
“Chief of police” means the chief of police or another city official designated by the chief of police to act for him or her.
“Establishment” means the premises, location or place advertised for or purported to be used for the practice of fortunetelling and/or occult arts. “Fee” means a fee, reward, donation, loan or receipt of anything of value in exchange for the practice of fortunetelling and occult arts.
“Fortuneteller” means any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever the practice of fortunetelling and/or occult arts, and shall include any person who advertises as a “psychic” or “spiritual reader” or “spiritual counselor” for the purpose of the practice of fortunetelling and/or the occult arts.
“Fortunetelling and occult arts” means telling of fortune and forecasting of futures by means of an occult, psychic power, faculty, force, clairvoyance, cartomancy, psychology, psychometry, numerology, hypnosis, phrenology, spirits, tea leaves or other such reading, mediumship, seership, augury, astrology, palmistry, necromancy, mind reading, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, cunning or foresight, crystal gazing, mysteries or magic of any kind or nature. “Fortunetelling establishment” means the premises, location or place advertised for, or purported to be used, for the practice of fortunetelling and/or occult arts by a fortuneteller as defined by this code.
(Ord. 339 § 2, 2005)

5.22.020 License required.

A. No person, association, partnership or corporation shall conduct, operate or advertise for an establishment in which the practice of fortunetelling and occult arts is carried on for pay, compensation or gratuity without obtaining and maintaining in effect a license as required by this chapter.

B. No licensee hereunder shall employ any person who practices fortunetelling and/or occult arts, and who offers to or solicits to perform fortunetelling and occult arts, or who holds himself or herself out to be a fortuneteller if said person does not hold a current, unrevoked license as required by this chapter. No license shall be issued to any person who is not 18 years of age or older.
(Ord. 339 § 3, 2005)
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5.22.030 Exemptions.

This chapter shall not apply to:

A. Any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations or mind reading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of fortunetelling.

B. Any person who conducts or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer or clairvoyant from any bona fide church or religious association maintaining a church and holding regular services, and having a creed or set of religious principles that is recognized by all churches of like faith; provided, further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of said church or religious association.

C. Nothing in this section shall be construed as exempting any person from the payment of any applicable business license fee which may be required to be paid by the licensing provisions of this code.
(Ord. 339 § 4, 2005)

5.22.040 Establishment.

Every person who engages in and is licensed for the practice of fortunetelling and occult arts shall maintain a fixed establishment for said practice, and shall maintain a current business license for said establishment as required by the licensing provisions of this code and shall conduct said practice only on the premises of the fixed establishment. (Ord. 339 § 5, 2005)

5.22.050 Fortunetelling.

Notwithstanding any other provisions of this chapter, fortunetelling establishments may be conducted in any Multiple Use-2 (MU-2) Zones. This is provided that fortunetelling establishments are carried on in accordance with the limitations hereinafter set forth and provided a conditional use permit (CUP) is first obtained, in accordance with Chapter 16.52 of this code. Fortunetelling establishments shall not be permitted in special districts or a specific plan unless explicitly set forth as a permissible use. 890
A. Minors (under 18 years of age) shall not be permitted to enter or remain in a fortunetelling establishment. Notice of restriction for minors shall be posted at the entrance in lettering of at least two inches in size.

B. The fortunetelling establishment shall not be open to customers, patrons, or any member of the public between the hours of 9:00 p.m. to 8:00 a.m.

C. One parking space for every licensed fortuneteller, plus one space for every four seats in the waiting area.

D. Each center shall provide at least one publicly accessible unisex toilet and lavatory facilities.

E. No exterior pay phone shall be permitted.

F. No person shall be permitted to consume alcohol on the premises, nor shall any intoxicated person be permitted to remain in the establishment.

G. It will be unlawful under this section to view, or allow viewing, of material depicting or simulating sexual conduct on the premises of any establishment.

H. Fortunetellers shall be 18 years of age. There shall be a minimum of one employee managing the establishment during all working hours.

I. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance.

J. The business owner shall submit and receive approval of a fire exit plan from the Murrieta fire department. The plan shall address all existing requirements of the Uniform Building Code and Uniform Fire Code. This includes but is not limited to providing an exiting plan showing equipment location, aisle locations and dimensional widths, and having approved exit doors and panic hardware.

K. Any adult entertainment or sexually oriented business is prohibited unless specifically approved pursuant to the requirements of Chapter 5.16 of this code. (Ord. 339 § 6, 2005)

5.22.060 License application and renewal—Fees.

An application for a license to practice fortunetelling and occult arts shall be made to a duly authorized representative of the chief of police under penalty of perjury on forms provided by the chief of police. The application to practice fortunetelling and occult arts shall be accompanied by the scheduled background investigation filing fee, plus the fee charged by department of justice for fingerprinting processing. Said fees are not refundable in the event such application is denied. Each license under this chapter shall expire one calendar year from the date of issuance. The renewal application shall be accompanied by an investigation filing fee of two hundred fifty dollars ($250.00). Licenses and fees required 891
under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
(Ord. 339 § 7, 2005)

5.22.070 Application contents.

Any applicant for a license under this chapter shall submit the following information under penalty of perjury:

A. The full name and present residence and business address and telephone numbers of the applicant;
B. Any and all maiden, fictitious or other names ever used by the applicant; C. Prior residence and business addresses used by the applicant during the ten-year period preceding the date of the application;
D. The birthdate and place of birth of the applicant;
E. The Social Security number and a California driver's license or California identification card number or other satisfactory government issued identification number of the applicant;
F. The applicant's height, weight, hair and eye color, and all distinguishing marks, scars or tattoos;
G. Business, occupation or employment history of the applicant for a period of ten years preceding the date of application;
H. The name or names under which the applicant proposes to conduct said activity or practice and the business address of the premises where such practice is to be carried on and if it is to be in connection with a similar or other kind of business; I. The name or names, both true and fictitious, and addresses of any and all persons, associations, partnerships or corporations holding an interest or involvement in said activity;
J. A statement of any and all criminal convictions, except minor traffic offenses not designated as a felony, including the nature thereof where they occurred and the sentence therefor;
K. A list of fortunetelling or similar licenses currently or previously held by the applicant and whether any such license had been revoked or suspended and the reason therefor; L. Such other identification and information as is necessary to discover the validity of the matters hereinabove specified as required to be set forth in the application. (Ord. 339 § 8, 2005)
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5.22.080 Required information and documents.

Before the application is considered to be complete, the applicant must produce, provide and submit to the following:

A. A California driver's license or California identification card, or other valid and satisfactory documentary evidence of the age and identity of the applicant. To be satisfactory, the documentary evidence of age and identity must be of official issue of some governmental agency, be currently valid and furnish a photograph, weight, height, color of eyes and hair, sex, age and/or date of birth and signature of the applicant. Birth certificates are not satisfactory identification as they do not include evidence or identity by description of the person named;
B. A photograph of the applicant, to be taken by an authorized employee of the chief of police at the time of application;
C. Fingerprints of the applicant, to be taken by an authorized employee of the chief of police at the time of application;
D. Consent in writing, on a form determined by the chief of police, for the use of all information available in the investigation herein provided to be made; E. The applicant has paid the license fee required in Sections 5.22.060 and 5.22.090. (Ord. 339 § 9, 2005)

5.22.090 Separate license for individuals.

Each and every person engaged in or who proposes to engage in the practice of fortunetelling and occult arts shall file a separate and individual application as set forth in this chapter and shall pay separate and individual filing and renewal fees. This shall include persons who engage in said practice under one common establishment. (Ord. 339 § 10, 2005)

5.22.100 Notification of change.

Any person granted a license to practice fortunetelling and occult arts shall report immediately to the chief of police, or his or her authorized representative, any change of individuals, associations, partnerships or corporations having a financial interest in the fortunetelling establishment, or any transfer of interest in said establishment by such individuals, associations, partnerships or corporations. Further, any person granted said license shall report immediately to the chief of police or his or her authorized representative, any change of location or address of the fortunetelling establishment. Said change shall be approved by the chief of police upon the determination that the provisions 893
of this chapter have been fully met and upon the payment of a fifty dollar ($50.00) change of location fee.
(Ord. 339 § 11, 2005)

5.22.110 Investigation.

The chief of police or his or her authorized representative, shall conduct and complete an investigation of the moral character and reliability of the applicant and either grant or deny the license within a period of 30 days after the submission of the completed applications, except as provided by the following exceptions:

A. If good cause exists the chief of police may extend the period of investigation for a period of time not to exceed 30 days, provided that applicant is notified in writing that the investigation has not been completed;
B. If good cause exists the applicant may appear in person and submit a written request for a 30-day extension on a form provided by the chief of police. Said request must be submitted no later than five working days prior to the last day required herein for the chief of police to grant or deny the license. Said request may or may not be granted by the chief of police.
(Ord. 339 § 12, 2005)

5.22.120 Refusal to issue license.

The chief of police shall not issue or grant a license if any of the following occurs:

A. An applicant fails to or refuses to furnish the information and documents required by this chapter or who submits false or misleading information on said application; B. The fortunetelling establishment does not comply with the city's building, fire, health or zoning regulations;
C. Upon receiving satisfactory evidence that the applicant has been convicted of, or has entered plea of guilty or nolo contendere to any violation of the provisions of this chapter or any other law or ordinance relating to morals, sex offenses, theft, fraud or narcotics or other restricted drugs, unless the chief of police finds that the offense occurred ten years or more before the date of application, denial of a license shall be given to the applicant in writing and shall specify the grounds for such denial. Notice of the denial of the license shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her last known address.
(Ord. 339 § 13, 2005)
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5.22.130 Revocation.

A. The chief of police shall revoke any license upon any grounds for which he or she may have refused the issuance thereof or upon conviction or upon a plea of guilty or nolo contendere for any violation of this chapter or the operation of the establishment does not comport with the peace, health, safety and general welfare of the public.

B. To revoke a license the chief of police, or his or her authorized representative, shall serve upon the holder thereof, a written notice either by personal service or by deposit in a United States mail receptacle with appropriate postage affixed, to the address shown on the application or otherwise more recently of record, that said license shall be revoked effective upon personal service or five days after the date of mailing of said notice.

C. A revoked license shall be immediately surrendered to the chief of police or his or her authorized representative.
(Ord. 339 § 14, 2005)

5.22.140 Appeal.

A. A notice of appeal must be deposited with the city clerk within 30 days after denial of the application or revocation of the license has been served. Upon the filing of a notice of appeal, the revocation of a license shall remain in effect until such time as a decision has been rendered.

B. Upon the filing of the written notice of appeal, the city clerk shall set the matter for hearing before the planning commission, which hearing shall be within 30 days after the date of said notice. The planning commission shall receive a copy of the denial or revocation notice and shall conduct a hearing to determine whether or not the license should be granted or reinstated. The scope of evidence presented to the planning commission shall be limited to evidence regarding the reasons for denial or revocation. The burden of proof shall be upon the appellant/applicant.

C. The decision of the planning commission shall be final with no right of further appeal to the city council.
(Ord. 339 § 15, 2005)

5.22.150 Inspection.

The city's police chief, fire chief, code enforcement and building officials and their authorized representatives shall have the right to enter the fortunetelling establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with applicable building, fire or electrical regulations and the provisions of this chapter.
(Ord. 339 § 16, 2005)
895

5.22.160 140 Records.

Every person, association, partnership or corporation operating a fortunetelling establishment under a license as herein provided shall keep accurate business records. Said records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the fortunetelling establishment. Failure to keep and maintain said records as provided in this section shall be grounds for suspension or revocation. (Ord. 339 § 17, 2005)

5.22.170 150 Display of license.

The license issued to a fortuneteller shall be prominently displayed at the licensed premises.
(Ord. 339 § 18, 2005)

5.22.180 160 Compliance.

A. No person shall commence, engage in, carry on or advertise that he or she will engage in or carry on any fortunetelling or occult arts activity as described in this chapter without first having procured a license as required by the licensing provisions of this chapter, or without complying with any and all regulations of such activity contained in this chapter or any other ordinance of the city.

B. Failure to comply with the provisions contained in this chapter shall constitute a separate violation of this chapter for each and every day that such activity is so advertised and engaged in or carried on.

C. Revocation of a license shall not be a defense against prosecution. (Ord. 339 § 19, 2005)

5.22.190 170 Violation—Penalty.

A violation of this chapter is a misdemeanor punishable by a fine of five hundred dollars ($500.00) or imprisonment in the county jail for six months or both such fine and imprisonment.
(Ord. 339 § 20, 2005)
Chapter 5.23

SMOKING POLLUTION CONTROL
896
Sections:

5.23.010 Findings and purpose.

5.23.020 Applicability.

5.23.030 Definitions.

5.23.040 Prohibition of smoking in public places and places of employment.

5.23.050 Duty of employer, business, or nonprofit entity.

5.23.060 Reasonable smoking distance required–15 feet.

5.23.070 Posting of signs.

5.23.080 Retaliation prohibited.

5.23.090 Public education by city.

5.23.100 Public education–Cooperation with other agencies.

5.23.110 Tobacco self-service displays and tobacco samples prohibited.

5.23.120 Interpretation.

5.23.130 Enforcement–Administrative officer designated.

5.23.140 Violation–Penalty.

5.23.150 Appeal process.

5.23.160 Severability.

5.23.010 Findings and purpose.

A. The city council finds and declares as follows:

1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;

2. Reliable studies have shown that breathing secondhand smoke and vapor is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;

3. Health hazards induced by breathing secondhand smoke and vapor include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm;
897

4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke and vapor may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same;

5. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and

6. Smoking is a documented cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.

7. Use of electronic smoking devices has increased significantly in recent years among both youths and adults.

8. Existing studies on electronic smoking devices’ vapor emission and cartridge contents have found a number of dangerous substances including chemicals know to the State of California to cause cancer such as formaldehyde, acetaldehyde, lead, nickel and chromium; inconsistent labeling of nicotine levels in electronic smoking device products; and other substances that have been linked to negative health effects such as skin, eye and respiratory irritation, neurological effects, damage to reproductive systems and premature death from heart attacks and strokes.

9. The use of electronic smoking devices in smoke free locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.

B. Accordingly, the city council finds and declares that the purposes of this chapter are:

1. To protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and

2. To strike a reasonable balance between the needs of smokers and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

3. To facilitate uniform and consistent enforcement of smoke-free air laws.

4. To reduce the potential for re- normalizing smoking in public places and places of employment.

5. To reduce the potential for children to associate the use of electronic smoking devices witha normative or healthy lifestyle.
(Ord. 515 § 1, 2016: Ord. 373 § 2, 2006)

5.23.020 Applicability.
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All areas and facilities owned by the city or any other government entity shall be subject to the provisions of this chapter.
(Ord. 373 § 3, 2006)

5.23.030 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the service of food is incidental to the consumption of beverages and in which persons younger than 21 years of age are at all times excluded. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
"Dining area" means any area containing a counter or table upon which meals are served or any area designed, established, or regularly used for consuming meals. “Electronic smoking device” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, ecigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. "Employee" means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. "Employer" means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons. "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress.
"Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.
"Parks and recreation areas" means any outdoor area, owned and operated by the city of Murrieta, open to the general public for park or open space use, including, but not limited to, public parks, picnic areas, playgrounds, sports or playing fields, open turf areas, athletic 899
courts, swimming pools, public skate park facilities, dog parks, walking paths, gardens, hiking trails, bike paths, wilderness areas, parking areas within a park, and any other areas designated a park by the director of community services. "Place of employment" means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment unless it is used as a child care or a health care facility. "Public place" means any area in which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms. "Reasonable distance" means a distance that insures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. Except as provided below, this distance shall be a minimum of 15 feet unless the application of the 15 foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than 15 feet which does not place the smoker in a potentially unsafe location.
"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories.
"Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter. "Sports arena" means sports parks, pavilions, sporting fields and courts, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events. Adjacent seating areas are included as part of the sports arena.
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"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.
"Tobacco product" means:

A. Any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
B. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. “Vapor” means aerosol produced from use of an electronic smoking device. “Vending machine” means a machine, appliance, or other mechanical or electrical device operated by currency, token, debit card, credit card, or any other form of payment, or any other thing representative of value that is designed or used for vending purposes including, but not limited to, machines or devices that use remote control locking mechanisms, which dispenses or releases tobacco products and/or tobacco accessories. (Ord. 515 § 2, 2016; Ord. 459 § 1, 2011: Ord. 373 § 4, 2006)

5.23.040 Prohibition of smoking in public places and places of employment.

A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of employment within the city of Murrieta except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor.

B. Smoking shall be prohibited in the following enclosed places:

1. Common interior areas of multi-unit, multi-residence, or multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes; and

2. Areas that have a common or shared air space with other enclosed areas in which smoking is prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems, entries, doorways, hallways, and stairways. 901
C. Smoking shall be prohibited in the following unenclosed places:

1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place;

2. Any parks, recreation areas, sports arenas, and parking lots located in a park or recreation area;

3. Any place where people are using or waiting for a service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands.

4. On the grounds of any public or private elementary or secondary school designated and posted as a "Tobacco Free Zone", tobacco possession shall also be prohibited.

5. Any other location where there is a posting of a "No Smoking" sign which is properly posted as described in this chapter.

D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans, within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter.

E. Notwithstanding the exception in subsection A. of this section for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, "place of employment" shall include retail or wholesale tobacco shops and private smokers' lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4). (Ord. 459 § 2, 2011:Ord. 373 § 5, 2006)

5.23.050 Duty of employer, business, or nonprofit entity.

A. No employer, business, or nonprofit entity shall knowingly or intentionally permit the smoking of tobacco products in an area which is under the employer's, business', or nonprofit entity's control and in which smoking is prohibited.

B. No employer, business, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, without limitation, ash trays or ash cans, within an area which is under the employer's, business', or nonprofit entity's control and in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter.

C. Notwithstanding any other provision of this chapter, any employer, business, nonprofit entity, or other person who controls any area may declare that any part of such area in which smoking would otherwise be permitted is a nonsmoking area. (Ord. 373 § 6, 2006)
902

5.23.060 Reasonable smoking distance required–15 feet.

A. Smoking shall be prohibited within a reasonable distance, as defined in this chapter, from any main entrance into an enclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited.

B. Smoking shall be prohibited within a reasonable distance, as defined in this chapter, from any unenclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited.
(Ord. 373 § 7, 2006)

5.23.070 Posting of signs.

A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in or outside of every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place. When a sign is posted on the exterior of a building to indicate no smoking, it shall include the distance limitations contained in this chapter.

B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. (Ord. 373 § 8, 2006)

5.23.080 Retaliation prohibited.

No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.
(Ord. 373 § 9, 2006)

5.23.090 Public education by city.

A. The city manager, or his or her designees, shall engage in a continuing program to explain and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. 903
B. The city manager, or his or her designees, shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other governmental and health agencies equipped with the needed expertise to conduct such campaigns.
(Ord. 373 § 10, 2006)

5.23.100 Public education–Cooperation with other agencies.

The city manager, or his or her designees, shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this chapter. The city manager shall urge federal, state, county and special school district agencies to enforce their existing smoking control regulations and to comply voluntarily with this chapter. (Ord. 373 § 11, 2006)

5.23.110 Tobacco self-service displays and tobacco samples prohibited.

A. It is unlawful for any person to display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display. Tobacco retailing by means of a vending machine is prohibited by this section.

B. No person shall knowingly distribute or furnish without charge, or cause to be furnished without charge to the general public, cigarettes or other tobacco products, at any event open to the public, or in any public place including but not limited to, any right-ofway, mall or shopping center, school, park, playground and any other district, or any park district, except in retail tobacco stores.
(Ord. 373 § 12, 2006)

5.23.120 Interpretation.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 373 § 13, 2006)

5.23.130 Enforcement–Administrative officer designated.

A. Enforcement shall be implemented by the city manager, or his or her designees, or any peace officer or code enforcement officer employed by the city of Murrieta. 904
B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the city manager, or his or her designees.

C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof.

D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter.
(Ord. 373 § 14, 2006)

5.23.140 Violation–Penalty.

A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.

B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction and punishable according to Section 1.32.010 of this code. (Ord. 373 § 15, 2006)

5.23.150 Appeal process.

Administrative decisions made by the city manager, or his or her designee, relating to this chapter may be appealed to the city council in accordance with Section 2.28 of this code. (Ord. 373 § 16, 2006)

5.23.160 Severability.

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.
(Ord. 373 § 17, 2006)
Chapter 5.24

TOBACCO SALES RESTRICTIONS
905
Sections:

5.24.010 Purpose and intent.

5.24.020 Definitions.

5.24.030 Sale and distribution of tobacco products; tobacco retailer license required.

5.24.040 Tobacco retailer license application process.

5.24.050 License issuance; standards.

5.24.060 License non-transferable.

5.24.070 Fees for license; license renewal and expiration.

5.24.080 Other licensing requirements and prohibitions.

5.24.090 Compliance monitoring.

5.24.100 Revocation of license.

5.24.110 Tobacco retailing without a license.

5.24.120 Enforcement of license violations.

5.24.130 Settlement in lieu of hearing.

5.24.140 Severability.

5.24.010 Purpose and intent.

The purpose and intent of this chapter is to encourage responsible tobacco retailing and discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or provision of tobacco and nicotine products to minors. There is no intent, however, to expand or reduce the degree to which the acts regulated by federal or state laws are criminally proscribed or to alter the penalties provided therein. (Ord. 365 § 2, 2006)

5.24.020 Definitions.

Unless the context clearly indicates otherwise, the following definitions shall apply to all provisions of this chapter:
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither or which is under any compulsion to participate in the transaction. A sale between 906
relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an "arm's length transaction." "Business" means any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"Department" refers to the Riverside County Department of Health and Human Services or other county department, or if so designated by the city manager, any city department designated to administer and/or enforce the provisions of this chapter. "Drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance, possession of which is unlawful under any federal or state statute.
"Person" is defined in § 1.04.010 of this code.
"Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories; and in which at least 80% of the square footage of the available retail floor and shelf space is devoted to the sale of tobacco-related products and accessories.
"Self-service display" means an open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of "self-service display."
"Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, bong, or cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, bong, or cigarette of any kind). "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking material of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing or consumption of tobacco products. "Tobacco product" means:
907
A. Any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
B. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Vending machine" means a machine, appliance, or other mechanical or electrical device operated by currency, token, debit card, credit card, or any other form of payment, or any other thing representative of value that is designed or used for vending purposes including, but not limited to, machines or devices that use remote control locking mechanisms, which dispenses or releases tobacco products and/or tobacco accessories. "Vendor-assisted" means that only a store or tobacco retailer employee has access to the tobacco product or tobacco paraphernalia and assists the customer by supplying the tobacco product or tobacco paraphernalia. The customer does not take possession of the tobacco product or tobacco paraphernalia until it is purchased. (Ord. 365 § 3, 2006)

5.24.030 Sale and distribution of tobacco products; tobacco retailer license required.

A. It shall be unlawful for any person, business, or tobacco retailer, except for a retail tobacco store, to sell, permit to be sold, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by means other than vendor-assisted sales. A vending machine, as defined in § 5.24.020, is not a vendor-assisted sale.

B. It shall be unlawful for any person, business, or tobacco retailer to engage in the sale of tobacco products or tobacco paraphernalia without first posting a plainly visible sign at the point of purchase of tobacco products or tobacco paraphernalia which states: "THE

SALE OF TOBACCO PRODUCTS OR TOBACCO PARAPHERNALIA TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES.

PHOTO IDENTIFICATION IS REQUIRED." The letters of the sign shall be at least one-quarter inch high.

C. It shall be unlawful for any person, business or tobacco retailer to sell any tobacco product or tobacco paraphernalia to any individual who appears younger than 18 years of 908
age, without first verifying, by means of photographic identification containing the bearers date of birth, that the purchaser is at least 18 years old, unless the person, business, or tobacco retailer has some other reliable basis for determining the purchasers age.

D. It shall be unlawful for any person, business or tobacco retailer to sell or offer any drug paraphernalia to any person.

E. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailers license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailers license is a public nuisance.

F. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a revoked license:

1. Shall keep all tobacco products and tobacco paraphernalia from public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute an "offer for sale" for the purposes of § 5.24.120.

2. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailers location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

G. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailers license any status or right other than the right to act as a tobacco retailer at the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supercede, or apply in lieu of, any other provision of applicable law including, but not limited to, any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Labor Code § 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of Cal.

Labor Code § 6404.5.
(Ord. 365 § 4, 2006)

5.24.040 Tobacco retailer license application process.

A. Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or any authorized agent thereof. It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license.

B. No proprietor may rely on the issuance of a license as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to § 5.24.100. Nothing in 909
this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. All applications shall be submitted on a form supplied by the department and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business that is seeking a license;

2. The business name, address, and telephone number of the single fixed location for which a tobacco retailer's license is sought;

3. The name and mailing address authorized by each proprietor to receive all licenserelated communication and notices (the "authorized address"). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection C.2. above;

4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization;

5. Whether or not any proprietor is a person who has been determined to have violated this chapter or whose proprietorship has admitted violating, or has been found to have violated, this chapter, and, if so, the dates and locations of all such violations within the past six years; and

6. Such other information as the department deems necessary for the administration or enforcement of this chapter.

7. All information required to be submitted to apply for a tobacco retailers license shall be updated with the department whenever the information changes. A tobacco retailer shall provide the department with any updates within ten business days of a change. (Ord. 365 § 5, 2006)

5.24.050 License issuance; standards.

A. No license may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

B. Upon receipt of an application for a tobacco retailers license and the license fee required by this chapter, the department shall issue a license unless substantial evidence demonstrates that one or more of the following basis for denial exists:

1. The application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter. 910

2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailers licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the department with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction. Clear and convincing evidence can be oral or written and must be the kind of evidence upon which a responsible person would rely in making an important business, personal, or other decision.

3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.
4 The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
(Ord. 365 § 6, 2006)

5.24.060 License non-transferable.

A. A tobacco retailers license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors, a new tobacco retailers license is required.

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location, and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and

2. The new proprietor(s) provide the department with clear and convincing evidence that the new proprietor(s) have acquired, or are acquiring, the location in an arm's length transaction.
(Ord. 365 § 7, 2006)

5.24.070 Fees for license; license renewal and expiration.

A. License Fees. The fee to issue or to renew a tobacco retailer's license shall be established by resolution of the governing body of the "department". The fee shall be calculated as to recover the total cost of both license administration and license enforcement including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violation, and prosecution of violators, but shall not exceed the cost of the regulatory program 911
authorized by this chapter. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

B. License Renewal. A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than 30 days prior to the expiration of the term.

C. License Expiration. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to division B above, the proprietor must:

1. Submit the license fee plus a reinstatement fee of 10% of the license fee.

2. Submit a signed affidavit affirming that the proprietor:
(a) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or (b) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in § 5.24.110 of this chapter, before seeking renewal of the license.
(Ord. 365, § 8, 2006)

5.24.080 Other licensing requirements and prohibitions.

A. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to:

1. Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing;

2. Violate any local, state, or federal law regulating exterior, storefront, window, or door signage.

B. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly-visible location at the licensed location.

C. Minimum Age for Person Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.
(Ord. 365, § 9, 2006)

5.24.090 Compliance monitoring.
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A. The city may monitor compliance with this chapter using city staff, or the city manager may designate the Riverside County Health and Human Services Department or another agency to perform these functions under agreement with that agency. Any peace officer may enforce the penal provisions of this chapter.

B. The city, or the city managers designee as described in subsection A. above, shall endeavor to check the compliance of each tobacco retailer at least three times per 12- month period. Nothing in this division shall create a right of action in any licensee or other person against the department or its agents.

C. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco.

When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

D. The city, or the city managers designee as described in subsection A. above, shall not enforce any law establishing a minimum age for tobacco purchases or possession against any person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:

1. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; or

2. The youth decoy is participating in a compliance check funded, in part, either directly or indirectly through subcontracting, by the city or the County Department of Health and Human Services, or funded, in part, either directly or indirectly, through subcontracting, by the California Department of Health Services.
(Ord. 365 § 10, 2006)

5.24.100 Revocation of license.

A. Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the city, using city staff, or the Riverside County Hearing Officer, if so designated by the city manager per an agreement with the Riverside County Health and Human Services Department, finds, after the licensee is afforded notice, as described in Sections 1.04.120 through 1.04.130 of this code, and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions of prohibitions of this chapter or, in a different legal proceeding, has pleaded guilty, "no contest," or its equivalent, or admitted to a violation of any law designated in Section 5.24.080 of this chapter.

B. New License After Revocation.

1. After revocation for a first violation of this chapter at a location within any 60-month period, no new license may be issued for the location until ten days have passed from the date of revocation.
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2. After revocation for a second violation of this chapter at a location within any 60- month period, no new license may be issued for the location until 30 days have passed from the date of revocation.

3. After revocation for a third violation of this chapter at a location within any 60- month period, no new license may be issued for the location until 90 days have passed from the date of revocation.

4. After revocation for a fourth or subsequent violation of this chapter at a location within any 60-month period, no new license may be issued for the location until five years have passed from the date of revocation.

C. Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded a reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.24.050 existed at the time application was made or at any time before the license was issued. The decision by the department shall be the final decision of the city. The revocation shall be without prejudice to the filing of a new license application. (Ord. 365 § 11, 2006)

5.24.110 Tobacco retailing without a license.

In addition to any other penalty authorized by law, if the department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for or be issued a tobacco retailing license for that location as follows:

A. After a first violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until 30 days have passed from the date of the violation.

B. After a second violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until 90 days have passed from the date of the violation.

C. After a third or subsequent violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until five years have passed from the date of the violation.
(Ord. 365 § 12, 2006)

5.24.120 Enforcement of license violations.

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or equity:
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A. Whenever evidence of a violation of this chapter is obtained, in part, through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter, and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

B. Violations of this chapter are subject to a civil action brought by the city attorney, or, if designated by the city manager, the county counsel, punishable by:

1. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for a first violation in any 60-month period; or

2. A fine not less than one thousand dollars ($1,000) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any 60-month period; or

3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any 60-month period.

C. Violations of this chapter may, in the discretion of the city attorney or, if so designated by the city manager, cocnty Counsel, be prosecuted as infractions or misdemeanors.

D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

E. Violations of this chapter are hereby declared to be public nuisances.

F. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney or, in the discretion of the city manager, the county counsel, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(Ord. 365 § 13, 2006)

5.24.130 Settlement in lieu of hearing.

For a first or second alleged violation of this chapter within any 60-month period, the city attorney or, if so designated by the city manager, county counsel, may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the city council. Notice of any settlement shall be provided to the department and no hearing shall be held. Settlements shall not be confidential and shall contain the following minimum terms:

A. After a first alleged violation of this chapter at a location within any 60-month period:

1. An agreement to stop acting as a tobacco retailer for at least one day;

2. A settlement payment to the city of at least one thousand dollars ($1,000); and 915

3. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

B. After a second alleged violation of this chapter at a location within any 60-month period:

1. An agreement to stop acting as a tobacco retailer for at least ten days;

2. A settlement payment to the city of at least five thousand dollars ($5,000); and

3. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. (Ord. 365 § 14, 2006)

5.24.140 Severability.

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.
(Ord. 365 § 15, 2006)
Chapter 5.25

CHARITABLE SOLICITATIONS
Sections:

5.25.010 Definitions.

5.25.020 License required.

5.25.030 Contents of license application.

5.25.040 Information on the license.

5.25.050 Health department approval - when required.

5.25.060 License fee exemption.

5.25.070 Nontransferability of license.

5.25.080 Violation - penalties.

5.25.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:
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“Charitable solicitation” includes solicitation for philanthropic social services or welfare. “Religious solicitation” as used in this chapter shall not mean and include the word “charitable” as defined in this chapter, but shall be given its commonly accepted definition. “Sales solicitation for charitable or religious purposes” means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine, subscription, membership merchandise, ticket of admission or any other thing or service in connection with which:

A. Any appeal is made for charitable or religious purposes; or B. The name of the charity, religion, philanthropic or charitable or religious organization is used or referred to in any such appeal as an inducement for making any such sale; or
C. Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or be used for any charitable or religious purpose or organization. (Ord. 302 § 2 (part), 2004)

5.25.020 License required.

No person shall solicit contributions for any charitable or religious purpose within the city without a valid, current license authorizing such solicitations. (Ord. 302 § 2 (part), 2004)

5.25.030 Contents of license application.

A. An application for a license to solicit as provided by Section 5.20.030 of this chapter shall be made upon forms provided by the city.

B. Such application shall be signed under penalty of perjury of the person managing the solicitation activity and filed at least thirty (30) days prior to the time the solicitation activity is planned to commence; provided, however, that for good cause shown, the license may be assigned an effective date less than thirty (30) days after the application.

C. The application required in this section shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:

1. The name and address of the organization applying for the license;

2. If the applicant is not an individual, the names and addresses of the applicant's principal officers;
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3. The exact purpose for which the proceeds of the solicitations, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used;

4. The names, addresses, dates of birth, social security numbers and driver's license numbers of all persons who will be soliciting or in direct charge of conducting the solicitation;

5. Whether the applicant, its officers, employees or paid fund-raisers have ever been convicted of any crime involving soliciting or use of funds solicited for charitable purposes, or whether the applicant, its officers, employees or paid fund-raisers have ever been enjoined from soliciting or had its application denied or license revoked;

6. An outline or description of all methods to be used in conducting the solicitation;

7. The dates when solicitations shall be made;

8. The tax-exempt number of the applicant organization and a copy of the exemption letter from the federal or state taxing authorities;

9. The bank or other financial institution and the account number where all or any part of the funds raised by such activity will be placed on deposit or invested;

10. The name and address of a person available to accept service of notice and process during business hours on behalf of the license holder;

11. Such other information in respect to the character, past activities and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the business license clerk to make a full and complete investigation;

12. If, while any application is pending, or during the term of any license granted thereof, there is any change in fact, policy, or method that would alter the information given in the application, the applicant shall notify the city in writing within twenty-four (24) hours of such change.
(Ord. 302 § 2 (part), 2004)

5.25.040 Information on the license.

Information on the license shall be presented and shall include the following:

A. The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable or religious purposes;
B. If there is no organization or fund, the manner in which the money collected will be utilized for charitable or religious purposes;
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C. The amount, stated as a percentage of the total gift or purchase price, that will be used for direct fund raising expenses. If paid fundraisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fund raising expenses. If the solicitation is not a sales solicitation, the card may state, in place of the amount of fund raising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;
D. The non-tax-exempt status of the organization or fund, if the organization or land for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law;
E. The percentage of the total gift or purchase price which may be deducted as a charitable or religious contribution under both federal or state law. If no portion is so deductible, the license shall state that “This contribution is not tax deductible.” (Ord. 302 § 2 (part), 2004)

5.25.050 Health department approval - when required.

Organizations conducting solicitations pursuant to Section 5.25.020 of this chapter which include the sale of certain types of packaged, processed or prepared foods or of materials such as, but not limited to, used wearing apparel, bedding or other items commonly included in the term “rummage” shall do so in compliance with the applicable regulations of the state and the health department of the county. No charitable solicitation license shall be issued for any such event without approval from the health department of the county.

5.25.060 License fee exemption.

The applicant for an initial or renewed license and/or identification card as provided in this chapter is exempt from paying a fee for the license.

5.25.070 Nontransferability of license.

No license issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.
(Ord. 302 § 2 (part), 2004)

5.25.080 Violation - penalties.
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Any person violating any provision of this chapter upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.32.010 through 1.32.020 of the Murrieta Municipal Code. Each such act of solicitation shall constitute a separate offense. (Ord. 302 § 2 (part), 2004)
Chapter 5.26

ALCOHOLIC BEVERAGE SALES
Sections

5.26.010 Application.

5.26.020 Application fee.

5.26.030 Approval or denial.

5.26.040 Inspection of licensed premises - temporary suspension and revocation.

5.26.050 Police officer access - nuisance abatement and closure.

5.26.060 Renewal and expiration of license.

5.26.070 Compliance with laws and regulations required prior to licensing.

5.26.010 Application.

A. Upon receipt of each application by the city of Murrieta for a business license ("license") for any use that includes alcohol sales, the license shall not be issued until the applicant has received an alcoholic beverage sales permit ("permit") as provided in Chapter 16.44 of the Murrieta Development Code.

B. When requested to provide input on a public convenience or necessity determination pursuant to Development Code Section 16.44.030, the chief of police of the city shall conduct such investigation as he or she may deem pertinent or essential for the protection of the public health and safety of the community and facts related to the criteria for consideration of determination of public convenience or necessity as provided in Section

16.44.030.F.2.

C. The chief of police shall have the enforcement rights and authority as provided below in Sections 5.26.040 and 5.26.050, which are supplemental to the suspension and revocation procedures of Development Code Section 16.44.030. Nothing in this chapter shall prohibit or restrict the general authority of the chief of police or of the police department as to the regulation and enforcement of all state and local laws, including temporary closures in order to protect against any serious threat to the public health or safety.
(Ord. 456 § 1, 2011)
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5.26.020 Application fee.

All applications for licenses to be issued under the provisions of this chapter and Chapter

5.04 shall be accompanied by an application investigation fee in an amount as set forth by the city council. In the event such license is denied, the application fee is not refundable. (Ord. 456 § 1, 2011)

5.26.030 Approval or denial.

Approval or denial of the license shall be in accordance with Chapter 5.04 of this code. (Ord. 456 § 1, 2011)

5.26.040 Inspection of premises - temporary suspension and revocation.

A. Inspection of premises. The chief of police shall inspect all places licensed under this chapter as often as deemed necessary and shall investigate all complaints.

B. Suspension/revocation. Notwithstanding any other provision of this chapter, the suspension and revocation procedures of Section 5.04.335 shall apply to any license. (Ord. 456 § 1, 2011)

5.26.050 Police officer access - nuisance abatement and closure.

A. Access. Any peace officer of the city, county or state, or any officer or official of the United States government charged with the duty of enforcing police laws of the United States government shall have free access during business hours to any establishment regulated by this chapter and Chapter 16.44, in addition to those enforcement rights provided by Section 5.04.310.

B. Nuisance. In the event the chief obtained evidence that the permitted location is operating in violation of any law, or in violation of this code, or has become a nuisance the chief is authorized to cause to be personally served on the subject property notice of such evidence and notice/service of a complaint for temporary restraining order or injunction pursuant to the Drug Abatement Act set forth in Health and Safety Code Section 11570 et seq.

C. Closure. In addition to the nuisance abatement above, the chief of police may file a written request to the community development director to close the premises temporarily or permanently, pursuant to the suspension and revocation procedures of Section

16.44.030 for any violation of the permit or conditions attached thereto. The chief of police may, after consulting with the city attorney, temporarily close any business in certain circumstances to protect against a serious threat to public health or safety, subject to an 921
immediate due process hearing prior to the temporary closure, or at the earliest possible date following the closure. The due process hearing shall be held by the city manager or a hearing officer appointed by the city manager.
(Ord. 456 § 1, 2011)

5.26.060 Renewal and expiration of license
A. Renewal. A license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of the license is one (1) year. Each alcoholic beverage sales proprietor shall apply for the renewal of his or her license and submit the license fee no later than thirty (30) days prior to the expiration of the term.

B. Expiration. A license that is not timely renewed shall expire at the end of its term.

C. Automatic expiration. All licenses issued under this chapter shall automatically expire when the following conditions arise:

1. There is a transfer of ownership of the business;

2. The business moves to a new location;

3. There is a change in the nature of the business.
(Ord. 456 § 1, 2011)

5.26.070 Compliance with laws and regulations required prior to licensing.

No license shall be granted under the provisions of this chapter unless the business or place conforms to and complies with all laws and regulations of the city. (Ord. 456 § 1, 2011)
Chapter 5.27

SHORT-TERM VACATION RENTALS
Sections

5.27.010 Purpose.

5.27.020 Definitions.

5.27.030 Short-term vacation rental permit required.

5.27.040 Permit application and issuance.

5.27.050 Maximum number of short-term vacation rental permits.

5.27.060 Operating requirements.
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5.27.070 Advertising.

5.27.080 Inspections.

5.27.090 Public nuisance.

5.27.100 Violations and penalties, enforcement.

5.27.110 Denial, suspension and revocation of permits.

5.27.120 Termination of property use as a short-term vacation rental.

5.27.130 Permit fee allocation and modification.

5.27.140 False claims.

5.27.150 Requirements not exclusive.

5.27.010 Purpose.

A. The purpose of this chapter is to establish regulations for the use of privately owned single-family residential dwellings and condominiums as short-term vacation rentals to provide the framework for a permit system regulating these facilities; impose operational requirements to minimize the potential adverse secondary effects of such uses on surrounding neighborhoods, including, but not limited to, traffic, noise and density; prevent the increase and over concentration of transient uses in residential neighborhoods and zoning districts; impose reasonable limitations to ensure the long-term availability of housing stock in compliance with the housing element of the city’s general plan; ensure neighborhood compatibility and maintain harmony with surrounding uses; ensure the collection and payment of Transient Occupancy Taxes (TOT); to protect the health, safety and welfare of transient occupants and guests patronizing the short-term vacation rentals; and to continue protecting the health, safety and welfare of the city’s residents.

B. This chapter is not intended to regulate hotel(s) or motel(s), as those terms are defined in Section 16.44.090 (Hotels and Motels) and Section 16.110.020 (Definitions of Specialized Terms and Phrases) of this municipal code.

C. This chapter is not intended to regulate a bed and breakfast inn, as that term is defined in Section 16.110.020 (Definitions of Specialized Terms and Phrases) of this Municipal Code.

D. This chapter is not intended to regulate a rooming and boarding house(s), as that term is defined in Section 16.110.020 (Definitions of Specialized Terms and Phrases) of this municipal code.

E. This chapter is not intended to provide any owner of a single-family residential dwelling or condominium with the right or privilege to violate any Conditions, Covenants and Restrictions (CC&Rs) applicable to the owner’s single-family residential dwelling or condominium.
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F. This Chapter is not intended to provide the owner of a single-family residential dwelling or a condominium with a vested right or privilege to use any such dwelling or the parcel upon which it is situated for short-term vacation rental purposes on an ongoing, permanent basis. (Ord. 561-20 Exhibit A, 2020)

5.27.020 Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Advertise, advertising or advertisement" means the publication of any statements, phrases, words, photographs, drawings or other images for the purpose of informing any member of the public about the ability or availability to use a single-family residential dwelling or condominium unit as a short-term vacation rental. For purposes of this definition, publication shall include, but shall not be limited to, verbal, written, printed, electronic, televised or broadcast set forth or contained in any newspaper, magazine, newsletter, website, solicitation, handbill, business card, flyer, outdoor advertising display, billboard, cable, satellite, digital radio, television broadcast, social networking site, technology-based platform (i.e. AirBnB, VRBO, etc.) or any other form of printed, electronic, broadcast, or digital media.
"Applicable laws, rules and regulations" means any federal, state and local laws, rules, and regulations.
"Applicant" means the owner of the short-term vacation rental. The owner’s signature is required on all short-term vacation rental application forms, and the city may prescribe reasonable requirements to verify that an applicant is the property owner in fact. "Bedroom" means a private room furnished with a bed and intended primarily for sleeping. This includes the sleeping area within the primary livable area of a studio unit. "City" means the City of Murrieta.
"City Manager" means the City Manager of the City of Murrieta, or his or her designee. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel, together with a separate interest in space in a residential dwelling unit.
"Designated local contact person" means the person designated by the owner or the owner’s authorized agent or representative in writing to be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding to complaints, as required by this chapter.
"Guest" means any person(s) invited by the transient occupant(s) to visit the short-term vacation rental during the designated rental period, as permitted by this chapter. 924
"Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, applicable provisions of this municipal code and other applicable laws, rules or regulations pertaining to the use, noise, refuse storage, location, occupancy, required on-site parking of short-term vacation rentals operating within the city.
"Hosted rental unit." A short-term vacation rental where bedroom(s), or a habitable detached structure (non-accessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) on the property of a primary residence is rented, while a property owner, or their designated permanent resident, who is at least twenty-one (21) years of age or older, remains on-site and resides on the property during the short-term vacation rental period (except during daytime and/or working hours).
"Non-hosted rental unit." A short-term vacation rental where bedroom(s), or a habitable detached structure (non-accessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) is rented without concurrently being occupied by the property owner.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental property.
"Owner’s authorized agent or representative" means a person designated by the owner in writing to ensure compliance with the requirements of this chapter with respect to the short-term vacation rental unit on the owner’s behalf.
"Property" means a residential legal lot of record on which a short-term vacation rental is located.
"Responsible person" means a transient occupant who is at least twenty-one (21) years of age or older who shall be legally responsible for ensuring that all transient occupants of the short- term vacation rental and their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental. "Short-term vacation rental" means a privately owned single-family residential dwelling or condominium, as applicable, rented for a period of thirty (30) consecutive calendar days or less, for dwelling, lodging, or sleeping purposes, regardless of home-sharing and/or subletting arrangements. For the purposes of this chapter, non-monetary forms of compensation shall also qualify a property as a short-term vacation rental. This definition is inclusive of both hosted rental units and non-hosted rental units. "Short-term vacation rental permit or permit" means a permit issued by the city that allows the owner of a single-family residential dwelling or condominium to use the owner’s privately owned single-family residential dwelling or condominium as a short-term vacation rental pursuant to and in compliance with the provisions of this chapter. "Single-family residential dwelling" means a detached structure that is permitted as a dwelling unit, intended for use by a single family that is situated on a single lot or parcel zoned as residential. This shall also include a privately owned mobile or modular home, 925
which is located on a space, lot or parcel owned by the same owner of the mobile or modular home.
"Transient occupant" means any person(s) permitted to exist as a renter of the singlefamily residential dwelling unit or condominium unit during the short-term vacation rental period. (Ord. 561-20 Exhibit A, 2020)

5.27.030 Short-term vacation rental permit required.

No person shall rent, offer to rent, or advertise for rent a single-family residential dwelling or condominium as a short-term vacation rental to any person without a valid short-term vacation rental permit issued by the city pursuant to and in the manner provided for by this chapter. (Ord. 561-20 Exhibit A, 2020)

5.27.40 Permit application and issuance.

A. Application. An application for a short-term vacation rental permit, or renewal thereof, shall be filed on a form provided by the city, and shall be signed and submitted to the city manager, under penalty of perjury, by the applicant. A permit application must include all of the following information, which shall be updated when there is any change to ensure that the city has current information on file at all times relating to the short-term vacation rental and its owner(s), owner’s authorized agent or representative, and designated local contact person, as applicable:

1. Legal name, address, and telephone number of the owner of the single family residential dwelling or condominium.

2. Legal name, address, and telephone number of the owner’s authorized agent or representative, if any.

3. Legal name, address, and twenty-four (24) hour availability via telephone number of the designated local contact person, if different from the owner.

4. The address of the single-family residential dwelling or condominium proposed to operate as a short-term vacation rental.

5. The number of bedrooms within the single-family residential dwelling or condominium, which shall prescribe the overnight and daytime occupancy limits of the proposed short-term vacation rental.

6. Signed statement acknowledging receipt and inspection of the good neighbor brochure, and agreeing to distribute the brochure in-person to all transient occupants of the short-term vacation rental.

7. Signed statement acknowledging that the owner is permitted to use the owner’s property as a short-term vacation rental, per applicable private governing documents, including, without limitation, CC&Rs that are valid and enforceable pursuant to the Davis926 Stirling Common Interest Development Act, as set forth in California Civil Code Section 4000 et seq.

8. Copy of any application and all other forms that renters of the short-term vacation rental will be required to complete.

9. Copy of the owner’s rules and regulations for the short-term vacation rental.

10. Copy of a city business license.

11. Signed statement by the owner acknowledging all of the following: (i) all of the information contained in the short-term vacation rental permit application is true and correct; (ii) all owner(s), the owner’s authorized agent or representative, and the designated local contact person, are familiar with the requirements of this chapter and all applicable requirements of Title 16 of this municipal code; (iii) all owner(s), the owner’s authorized agent or representative, and the designated local contact person, are responsible for ensuring compliance with this chapter and all applicable requirements of Title 16 of this municipal code; (iv) failure to comply with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 16 of this municipal code, may result in the suspension and/or revocation of a short-term vacation rental permit.

12. Evidence of liability insurance for the property in the amount of at least one million dollars ($1,000,000) to cover the short-term vacation rental operations, which insurance shall be maintained during the entire term of any permit issued by the city.

13. Such other information as the city manager deems reasonably necessary to administer this chapter.

14. The short-term vacation rental permit application, shall be accompanied by proof of payment tendered to the city for the requisite application fee established by resolution of the city council pursuant to Section 5.27.130 of this chapter.

B. Issuance. Upon receipt of a completed application, the city manager will review the application and supporting documents, and shall approve and issue a permit to the owner authorizing the use and occupancy of such property as a short-term vacation rental if the city manager finds that the required permit fee has been paid, and that the information provided conforms to the requirements of this chapter. A permit shall be valid for a period of one (1) year from the date of issuance.

C. Notice to neighbors. Within fourteen (14) days of permit issuance, the owner must provide a written mailed notice of the short-term vacation rental, on a form provided by the city, to all property owners within three hundred (300) feet of the short-term vacation rental. Such notice shall include the address of the short-term vacation rental, number of bedrooms available for rent, number of available on-site parking spaces, and contact information of the owner and the owner’s authorized agent or representative, and designated local contact person, as applicable.
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D. Renewal. An annual renewal application shall be required for a short-term vacation rental permit, and shall be submitted to the city manager in accordance with this section.

The annual renewal application shall be accompanied by proof of payment tendered to the city for the requisite application fee established by resolution of the city council pursuant to Section 5.27.130 of this chapter. Each renewal permit shall be valid for a period of one (1) year from the date of issuance.

E. Transfer. A permit issued by the city pursuant to this chapter for said location is personal to the owner who applies for and is issued a permit such that a permit shall not be transferred, sold or assigned to any other person or entity. This means that upon transfer of the ownership of the property, a permit shall automatically terminate and the new owner of the property must apply for a new permit. A new permit is not required for changes in title to the property resulting from marriage, death, transfers into a trust, or transfers into a corporate entity where an original owner under the existing permit remains an owner, trustee, or corporate manager under the new title. In such an event, notice of the change of title shall be provided to the city immediately upon such transfer. (Ord. 582 § 3, 2022; Ord. 561-20 Exhibit A, 2020)

5.27.050 Maximum number of short-term vacation rental permits.

Permits shall be issued on a first-come, first-served basis. The maximum number of shortterm vacation rental permits issued by the city shall be limited to not more than three hundred (300) permits. After the maximum number of permits has been issued by the city, any additional applications submitted to the city shall be placed on a waiting list in the order in which the applications were received. If a permit becomes available, applications will be reviewed by the city in the order listed on the waiting list. (Ord. 561-20 Exhibit A, 2020)

5.27.060 Operating requirements.

No person shall operate a short-term vacation rental within the jurisdiction of the city unless all of the following requirements are met, and the person is in compliance with all applicable provisions of Title 16 of this municipal code:

A. Business license. The owner must maintain a current and valid business license issued by the city pursuant to Chapter 5.04 of this municipal code at all times while operating a short-term vacation rental at the property.

B. Owner’s authorized agent or representative. If the owner designates an owner’s authorized agent or representative to act on the owner’s behalf in the day-to-day operations of the short-term vacation rental, the owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner's 928
authorized agent or representative or the transient occupants of the owner's short-term vacation rental unit or their guests. The owner must be the applicant for and holder of a short-term vacation rental permit and business license and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit and business license on the owner’s behalf.

C. Responsible person. A short-term vacation rental must have a responsible person designated for the rental period who shall be legally responsible for ensuring that all transient occupants and their guests comply with all applicable laws, rules and regulations relating to the use and occupancy of the short-term vacation rental. The responsible person(s) shall be a transient occupant of the short-term vacation rental who is at least twenty-one (21) years of age.

D. Bedrooms. Each bedroom in a short-term vacation rental shall have at least one (1) window, one (1) emergency escape/rescue opening, and one (1) closet or storage nook.

Additionally, the bedroom must be accessible to a bathroom without crossing into another bedroom.

E. Maximum number of transient occupants. The maximum number of transient occupants and guests, including the responsible person(s), permitted to occupy any shortterm vacation rental unit shall be within the ranges set forth in Table 5.27-01, below, to comply with all applicable building, fire, health and safety standards and requirements of local, state and federal law, including, but not limited to, this municipal code:
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This requirement shall not apply to hosted rental units.

F. Compliance with applicable laws. The owner, the owner’s authorized agent or representative and the designated local contact person, as applicable, shall use reasonably prudent business practices to ensure that the transient occupants and guests of the shortterm vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental.

G. Prompt response to complaints. During the period that a short-term vacation rental is rented, the owner, the owner’s authorized agent or representative and/or the designated local contact person, as applicable and as so designated by the owner, must be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding in person to the property within thirty (30) minutes of a complaint being made regarding the condition, operation, or conduct of transient occupants and/or guests of the short-term vacation rental, and must take such remedial action as is necessary and reasonable to resolve such complaints. Upon notification that any transient occupant and/or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental, the owner, owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, shall promptly respond to immediately halt or prevent a recurrence of such conduct by the transient occupants and/or guests. Failure of the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, to respond to calls or complaints regarding the condition, operation, or conduct of transient occupants and/or guests of the short-term vacation rental in a timely and appropriate manner as required by this section shall be subject to all administrative, legal and equitable remedies available to the city.

H. City notification of violations. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person, as applicable, shall report to the city manager the name, violation, date, and time of disturbance of each person involved in any disorderly conduct activity, disturbance or other violation of any applicable 930
law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental.

I. Listings. All internet listing sites and listing numbers associated with a short-term vacation rental shall be submitted to the city with the monthly Transient Occupancy Tax (TOT) return forms due to the city pursuant to Section 3.24.080 (Reporting and Remitting) of this municipal code.

J. Sound equipment. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental at any time.

K. Noise requirements. The short-term vacation rental shall be subject to the provisions as described under Section 16.30 (Noise).

L. Renter requirements. Prior to occupancy of a short-term vacation rental, the owner or the owner’s authorized agent or representative shall:

1. Obtain the name, personal telephone number, address, and a copy of a valid government identification of the responsible person and all transient occupants over the age of eighteen (18);

2. Provide a copy to and review the good neighbor brochure with the responsible person and all transient occupants over the age of 18;

3. Require the responsible person to execute a formal acknowledgment that he or she is legally responsible for compliance by all transient occupants of the short-term vacation rental and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental; and

4. The information required by this subsection shall be maintained by the owner or the owner’s authorized agent or representative for a period of three (3) years and shall be made readily available upon request to the city.

M. No self check-in. Self check-in shall be prohibited at the short-term vacation rental.

Lock boxes shall not be permitted for access to the short-term vacation rental. The owner or the owner’s authorized agent or representative shall meet the responsible person at the subject property to verify the identity of transient occupants, provide a copy of the good neighbor brochure, and conduct check-in procedures to all transient occupants eighteen (18) years and older.

N. Trash and refuse. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city’s authorized waste hauler on scheduled trash collection days. The owner, the owner’s authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 8.20 (Nuisances Generally) and Chapter 8.24 (Litter) of this Municipal Code.
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O. Parking. Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01, and Section 16.44.260 of this municipal code.

P. No roof access. Due to neighborhood privacy concerns and potential risks of bodily harm, accidental death and other safety concerns, standing, sitting, sleeping, lying, walking or running on the roof of any short-term vacation rental is prohibited. Violation of this prohibition shall result in the immediate removal of all transient occupants and guests from the subject property.

Q. Permit and good neighbor brochure displayed on-site. The owner, the owner’s authorized agent or representative and/or the designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental.

R. Payment of transient occupancy tax. The owner and/or the owner’s authorized agent or representative shall comply with all provisions of Chapter 3.24 (Transient Occupancy Tax) of this municipal code concerning the payment of Transient Occupancy Taxes (TOT), including, but not limited to, submission of a monthly reporting and remitting requirements in compliance with Section 3.24.080 of this municipal code, which shall be required to be filed monthly even if the short-term vacation rental was not rented during such month. This calculation shall include “cleaning fees”, “resort fees”, and “other” fees as part of the total “rent” charged for the short-term vacation rental.

S. Life/safety compliance. The property that is the subject of the short-term vacation rental must meets basic life/safety requirements (including, but not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, first aid kit) and shall comply with minimum operating standards.

T. Signage. All short-term vacation rentals shall comply with the signage requirements under Section 16.38.050 of this municipal code.

U. No commercial filming permitted on-site. No commercial filming or related activities described under Section 16.70.030 of this municipal code, shall occur on-site of the shortterm vacation rental property concurrently with an active short-term vacation rental permit.

V. No commercial, special or temporary events permitted on-site. No commercial, special or temporary events, or similar non-residential activities requiring the issuance of a temporary use permit pursuant to Chapter 16.70 of this municipal code or other approval issued by the city, shall occur on-site of the short-term vacation rental property concurrently with an active short-term vacation rental permit.

W. Permitted guest hours. Guest hours permitted at the short-term vacation rental shall be limited from 7:00 a.m. to 10:00 p.m. daily.

X. Additional requirements. The city manager shall have the authority to impose additional conditions or restrictions on any permit in the event of any violation of the 932
operating requirements under this section or the provisions of this chapter or applicable provisions of Title 16.
(Ord. 582 § 4, 2022; Ord. 561-20 Exhibit A, 2020)

5.27.070 Advertising.

All advertising for short-term vacation rentals shall include the following information:

A. City short-term vacation rental permit number;
B. Maximum number of transient occupants and guests permitted to occupy the shortterm vacation rental pursuant to Table 5.27-01 of this chapter; and C. Maximum number of designated on-site parking spaces pursuant to Table 5.27-01 of this chapter. (Ord. 561-20 Exhibit A, 2020)

5.27.080 Inspections.

The owner shall permit the city to inspect the short-term vacation rental and property at any time prior to issuance of a permit, or during the operation of the short-term vacation rental for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 16 of this municipal code. The owner may be required to reimburse the city for the cost of an inspection, not to exceed the actual cost of such inspection. (Ord. 561-20 Exhibit A, 2020)

5.27.090 Public nuisance.

It shall be unlawful and a public nuisance for any person to commit, cause or maintain a violation of this chapter. The city may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence proceedings for the abatement, removal and/or enjoinment thereof in any manner provided by law. (Ord. 561-20 Exhibit A, 2020)

5.27.100 Violations and penalties, enforcement.

A. It shall be unlawful for any person to fail to comply with any of the requirements of this chapter, or operate a short-term vacation rental within the jurisdiction of the city contrary to or in violation of any of the provisions of this chapter, any applicable provisions of Title 16 of this municipal code, or any other applicable laws, rules and regulations.

B. Violations of this chapter, may be enforced by any method allowed in Chapters 1.32,

1.26 and 8.20 of this municipal code, or any other applicable enforcement mechanism available to the city. (Ord. 561-20 Exhibit A, 2020)
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5.27.110 Denial, suspension, and revocation of permits.

A. Denial, suspension or revocation. In addition to any other remedy provided by this chapter, a short-term vacation rental permit may be denied, and if already issued, may be suspended or revoked by the city manager, pursuant to this section.

B. Grounds. In addition to the grounds for denial, suspension or revocation imposed under Chapter 5.04 of this municipal code, a permit issued under this chapter, and/or a city business license issued by the city may be denied, suspended or revoked upon any of the following grounds:

1. A material misrepresentation, false or misleading information was included on the application or renewal application for a permit and/or city business license application.

2. A violation of any provision under this chapter, any applicable provision under Title 16 of this municipal code, and/or any other applicable law, rule or regulation has occurred on the premises of the short-term vacation rental.

3. An authorized official has given notification of existing health or safety violations on the property or non-compliance with applicable laws, rules and regulations relating to health and safety.