Agenda — Temecula City Council, July 9, 2024 (part 4 of 5)

Exhibit D
Insurance Exhibit

RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT

EXHIBIT D
Insurance

11.1.1 INSURANCE
Design -Builder shall procure and maintain for the duration of this contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Design -Builder, his agents, representatives, employees or subcontractors. Agreement will not be considered by the City Council until all insurance has been obtained that is required under this section and such insurance has been verified by Owner, nor shall Design -Builder allow any Subcontractor to commence work on its contract until all similar insurance required of the Subcontractor has been so obtained and approved.

Minimum Scope and Limits of Insurance
Design -Builder shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location. If Design -Builder is a limited liability company, the commercial general liability coverage shall be amended so that Design -Builder and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Design -Builder does not use any owned, non -owned or hired vehicles in the performance of services under this Agreement, Design -Builder shall obtain a non - owned auto endorsement to the Commercial General Liability policy required under this Section 11.1.

Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Design -Builder has no employees while performing services under this Agreement, workers' compensation policy is not required, but Design -Builder shall provide an executed declaration that it has no employees.
• Professional Liability Insurance [or Errors and Omissions Insurance] with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate Acceptability of Insurers
The insurance policies required under this Section 11.1 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section.

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RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT
Additional Insured
The commercial general, automobile liability, and professional liability insurance policies shall contain an endorsement naming the City of Temecula, its officers, officials, employees, agents and volunteers as additional insureds for all activities arising from this contract.

Primary and Non -Contributing
The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to Owner. Any insurance or self- insurance maintained by Owner, its officers, officials, employees, agents or volunteers, shall be in excess of Design -Builder's insurance and shall not contribute with it.

Design -Builder's Waiver of Subrogation
The insurance policies required under this Section shall not prohibit Design -Builder and Design - Builder's employees, agents or subcontractors from waiving the right of subrogation prior to a loss.

Design -Builder hereby waives all rights of subrogation against Owner.

Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be approved by Owner. At Owner's option, Design -Builder shall either reduce or eliminate the deductibles or self -insured retentions with respect to Owner, or Design -Builder shall procure a bond guaranteeing payment of losses and expenses.

Cancellations or Modifications to Coverage
Design -Builder shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days' prior written notice to Owner. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Design -Builder shall, within two (2) business days of notice from the insurer, phone, fax or notify Owner via certified mail, return receipt requested, of the cancellation of or changes to the policy.

Owner Remedy for Noncompliance
If Design -Builder does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Design -Builder's policies do not comply with the requirements under this Section, Owner may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Owner may, but has no duty to, take out the necessary insurance and pay, at Design -Builder's expense, the premium thereon.

Design -Builder shall promptly reimburse City for any premium paid by Owner or Owner may withhold amounts sufficient to pay the premiums from payments due to Design -Builder.

Evidence of Insurance
A minimum of ten (10) calendar days prior to City Council consideration of award of the contract, Design -Builder shall furnish a certificate of insurance and all original endorsements evidencing and effecting the coverages required under this Section for review by Owner's Risk Manager. The certificate of insurance and all original endorsements evidencing and effecting the coverages required under
EXHIBIT D Page 2

RONALD REAGAN SPORTS PARK HOCKEY RINK PROJECT
this Section must receive approval from Owner's Risk Manager a minimum of five (5) calendar days prior to City Council consideration of award of the contract. The endorsements are subject to Owner's approval. Design -Builder may provide complete, certified copies of all required insurance policies to Owner. Design -Builder shall maintain current endorsements on file with Owner's Risk Manager. Design -Builder shall provide proof to Owner's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Design -Builder shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

Indemnity Requirements not Limiting
Procurement of insurance by Design -Builder shall not be construed as a limitation of Design - Builder's liability or as full performance of Design -Builder's duty to indemnify under Article 7 of the General Conditions or any other provision of this Agreement.

Subcontractor Insurance Requirements
Design -Builder shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

EXHIBIT D Page 3

Exhibit E
Form of Payment Bond

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO.

LABOR AND MATERIALS BOND
for

RONALD REAGAN SPORTS PARK HOCKEY RINK
PROJECT NO. PW22-06
KNOW ALL PERSONS BY THESE PRESENTS:

THAT, WHEREAS, the City of Temecula has awarded to:

NAME AND ADDRESS OF CONTRACTOR
(hereinafter called "Contractor"), a contract for the work described as follows: RONALD REAGAN SPORTS PARK HOCKEY RINK, PROJECT NO. PW22-06 (hereinafter called "Contract"), and WHEREAS, said Contractor is required by the provisions of Sections 9550 through 9566 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.

NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and

NAME AND ADDRESS OF SURETY
are duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the aforesaid Contract and referred to in Section 9100 of the Civil Code, in the penal sum of DOLLARS AND
CENTS ($ ), lawful money of the United States, said sum being not less than 100% of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under Section 13020 of the Unemployment Insurance Code with respect to such work or labor, as required by Section 9550 et seq. of the Civil Code, and provided that the claimant shall have complied with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred

by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20
(Seal)
SURETY:

By:
(Name)
(Title)
APPROVED AS TO FORM:

PRINCIPAL:

By:
(Name)
(Title)
By:
(Name)
Peter M. Thorson, City Attorney (Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

Exhibit F
Form of Performance Bond

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO.

PERFORMANCE BOND
for

RONALD REAGAN SPORTS PARK HOCKEY RINK
PROJECT NO. PW22-06
KNOW ALL PERSONS BY THESE PRESENTS:

THAT, WHEREAS, the City of Temecula, State of California, entered into a Contract on this day of , 20 , hereinafter called "Contract," with

NAME AND ADDRESS OF CONTRACTOR
(hereinafter called "Principal"), for the work described as follows: RONALD REAGAN SPORTS PARK HOCKEY RINK, PROJECT NO. PW22-06; and
WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.

NOW, THEREFORE, WE, the Principal, and

NAME AND ADDRESS OF SURETY
are duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of Temecula in the penal sum of DOLLARS AND
CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20
(Seal)
SURETY:

PRINCIPAL:

M
(Name) (Name)
(Title) (Title)
APPROVED AS TO FORM:
(Name)
Peter M. Thorson, City Attorney (Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

Exhibit G
Form of Maintenance and Warranty Bond

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO.

MAINTENANCE AND WARRANTY BOND
for

RONALD REAGAN SPORTS PARK HOCKEY RINK
PROJECT NO. PW22-06

KNOW ALL PERSONS BY THESE PRESENT THAT
E.

NAME AND ADDRESS OF DESIGN -BUILD CONTRACTOR
(hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual)

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of DOLLARS
AND CENTS ($ ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Desing-Build Contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of RONALD REAGAN SPORTS PARK HOCKEY RINK, PROJECT NO. PW22-

06. WHEREAS, said Contract provides that the Principal will furnish a maintenance and warranty bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and
WHEREAS, the said Contract has been completed, and was the final estimate approved on this the day of , 20
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.

Signed and sealed this day of , 20
(Seal)
SURETY:

By:
(Name)
(Title)
APPROVED AS TO FORM:

PRINCIPAL:

Exhibit H
California Labor Law Requirements

EXHIBIT H

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Design -Builder ("Contractor") acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.

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8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day's work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, H-2
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conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

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STANDARD FORM OF GENERAL

CONDITIONS OF CONTRACT

BETWEEN OWNER AND

DESIGN -BUILDER
Document No. 535
Second Edition, 2010
© Design -Build Institute of America
Washington, DC

TABLE OF CONTENTS
Article Name
Page
Article1 General...............................................................................................1 Article 2 Design -Builder's Services and Responsibilities..................................2 Article 3 Owner's Services and Responsibilities...............................................7 Article 4 Hazardous Conditions and Differing Site Conditions ..........................9 Article 5 Insurance and Bonds........................................................................10 Article6 Payment............................................................................................11 Article 7 Indemnification..................................................................................14 Article8 Time..................................................................................................15 Article 9 Changes to the Contract Price and Time..........................................16 Article 10 Contract Adjustments and Disputes..................................................18 Article 11 Stop Work and Termination for Cause..............................................19 Article 12 Electronic Data..................................................................................22 Article 13 Miscellaneous................................................................................... 23

Article 1
General

1.1 Mutual Obligations

1.1.1 Owner and Design -Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents.

1.2 Basic Definitions

1.2.1 Agreement refers to the executed contract between Owner and Design -Builder under efter nnin Ne 525 Stapdar4 c,,rP4 of AgFeemept oet+AFe2 .a Dew- Lump c,,m (2010 F=diti9P ,,. DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price (2010 Edition).

1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, the Basis of Design Documents are those documents specifically listed in, as applicable, the GMP Exhibit or GMP Proposal as being the "Basis of Design Documents." Fete DBIA n„GUmep+ No. 525 cta , aFd Form of AgFeen3en n, ReF'o PFGjeG+ GFiteria D-G*gR Builder's Proposal and the Deviation. List, if any.

1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by the Design -Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both the Owner and Design -Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract.

1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents.

1.2.5 Design -Build Team is comprised of the Design -Builder, the Design Consultant, and key Subcontractors identified by the Design -Builder.

1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder, to furnish design services required under the Contract Documents. A Design Sub -Consultant is a qualified, licensed design professional who is not an employee of the Design Consultant, but is retained by the Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents.

1.2.7 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section

6.7.2. 1.2.8 Force Majeure Events are those events that are beyond the control of both Design - Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God.

1.2.9 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2010 Edition).

1.2.10 GMP Exhibit means that exhibit attached to DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price, which exhibit will have been agreed upon by Owner and Design -Builder prior to the execution of the Agreement.

1.2.11 GMP Proposal means that proposal developed by Design -Builder in accordance with Section 6.6 of DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee With an Option for a Guaranteed Maximum Price.

1.2.12 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements.

1.2.13 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work.

1.2.14 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project -specific technical materials and requirements.

1.2.15 Site is the land or premises on which the Project is located.

1.2.16 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers.

1.2.17 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers.

1.2.18 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes.

1.2.19 Work is comprised of all Design -Builder's design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents.

Article 2
Design -Builder's Services and Responsibilities

2.1 General Services.

2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design - Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder.

2.1.2 Design -Builder shall provide Owner with a monthly biweekly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule, (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the Standard Form of Agreement Between Owner and Design -Builder - Cost Plus Fee with an Option for a Guaranteed Maximum Price; and (v) other items that require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s).

2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section

2.1.4 hereof, a schedule for the execution of the Work for Owner's review and response.

The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of, and response to, the schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work.

2.1.3.1 Prior to performing any construction phase services (including the removal or demolition of any existing facilities, structures, or improvements) the Design -Builder shall first acquire express written permission from the Owner. Failure to acquire this written permission prior to performing the work may result in the Owner requiring the Design - Builder to replace, restore, or reconstruct any affected facilities solely at the expense of the Design -Builder. Design -Builder shall provide at least 30 day notice prior to shutdown of the existing facility.

2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents.

2.2 Design Professional Services.

2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant.

2.3 Standard of Care for Design Professional Services.

2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project.

2.4 Design Development Services.

2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section 2.4.1. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design -Builder and provided to all attendees for review.

Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design -Builder's schedule.

2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work.

The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting and recorded in the meetings minutes. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction.

2.4.3 Owner's review and approval of interim design submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner.

The Owner may provide documents to the Design -Builder that were prepared by other design professionals used to perform preliminary design or scoping for the project. The licensed design professionals employed or contracted by the Design -Builder shall assume responsible charge of these documents and any derivative works created from these documents.

2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, with prior approval from and at the sole discretion of Owner, Design -Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work.

2.5 Legal Requirements.

2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements.

2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design - Builder is required to make to the Construction Documents because of changes in Legal Requirements.

2.6 Government Approvals and Permits.

2.6.1 EXGept as identified OR n (1W ReF'o Permit List attaGhed as aR exhibit to the Agreement, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. Fees for permits issued by Owner or inspections performed by staff of or consultants to Owner, shall be waived by Owner. In the event of repeated inspections for the same work, code violations, or non-compliance issues, Owner may charge Design -Builder the fully loaded hourly rates for staff and consultants.

2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility.

2.7 Design -Builder's Construction Phase Services.

2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design - Builder to complete construction of the Project consistent with the Contract Documents.

2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design -Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction.

2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design -Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. Design -Builder shall comply with Section 22166 and other applicable provisions of the Public Contract Code in the selection of Subcontractors.

2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance.

Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights.

2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption.

2.7.6 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use.

2.8 Design -Builder's Responsibility for Project Safety.

2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Design - Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors and others as applicable.

2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety - related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasi - government authorities having jurisdiction over safety -related matters involving the Project or the Work.

2.8.3 Design -Builder's responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work.

2.9 Design -Builder's Warranty.

2.9.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design -Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. Design -Builder shall also provide Owner and one-year Maintenance and Warranty Bond in a form acceptable to Owner.

2.10 Correction of Defective Work.

2.10.1 Design -Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents.

2.10.2 Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design -Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable.

2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design - Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design - Builder's other obligations under the Contract Documents.

Article 3
Owner's Services and Responsibilities

3.1 Duty to Cooperate.

3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design - Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents.

3.1.2 Owner shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in Design - Builder's schedule.

3.1.3 Owner shall give Design -Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents.

3.2 Furnishing of Services and Information.

3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design -Builder is entitled to rely upon in performing the Work:

Existing survey data Owner used to prepare the Schematic Design. Design - Builder shall be in responsible charge of this data once provided and will acquire any further information needed at their expense;

3.2.1.2 (_eeteGhR'Gal studies deSGribiRg s ubs urfaGe r.enditiORS and ether surveys deSGribiRg ether latent OF GenGealed physir.al r ORditions at the Site

3.2.1.3 Tempura Rd permanent easeMeRtS, zening and other reqUeMeRtS aia-eec�bra,ReeS�ffect+Rg,lant use, to permit the proper reoigR and GE)RStF61GtiGR of the Dreient and a able Desi..R Builder to perform the Work;

3.2.1.4 A legal deSGFiptien of the Site;

3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and

3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site.

3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements.

3.3 Financial Information.

3.3.1 At Design -Builder's request, Owner shall promptly furnish reasonable evidence satisfactory to Design -Builder that Owner has adequate funds available and committed to

fulfill all of Owner's contractual obligations under the Contract Documents. If Owner fails to furnish such financial information in a timely manner, Design -Builder may stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents.

3.3.2 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design - Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents.

3.4 Owner's Representative.

3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner's Representative shall communicate regularly with Design -Builder and shall be vested with the authority to act on behalf of Owner.

3.5 Government Approvals and Permits.

3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals and licenses that are Design -Builder's responsibility.

3.6 Owner's Separate Contractors.

3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. Design -Builder shall allow reasonable access to the Site by other contractors under control of Owner.

Article 4
Hazardous Conditions and Differing Site Conditions

4.1 Hazardous Conditions.

4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design -Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal

Requirements, all government or quasi -government entities with jurisdiction over the Project or Site.

4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless.

4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site.

4.1.4 Design -Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions.

4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site.

4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design -Builder, Subcontractors or anyone for whose acts they may be liable.

4.2 Differing Site Conditions.

4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work are collectively referred to herein as "Differing Site Conditions." If Design -Builder encounters a Differing Site Condition, Design -Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition.

4.2.2 Upon encountering a Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design -Builder shall, to the extent

reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered.

Article 5
Insurance and Bonds

5.1 Design -Builder's Insurance Requirements.

5.1.1 Design -Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Agreement.

5.1.2 Design -Builder's insurance shall specifically delete any design -build or similar exclusions that could compromise coverages because of the design -build delivery of the Project.

5.1.3 Prior to commencing any construction services hereunder, Design -Builder shall provide Owner with certificates evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Design -Builder with reasonable promptness according to the Design - Builder's information and belief.
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5.4 Bonds and Other Performance Security.

5.4.1 If Owner requires Design -Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement.

5.4.2 All bonds furnished by Design -Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located.

Article 6
Payment

6.1 Schedule of Values.

6.1.1 Unless required by the Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design -Builder shall submit for Owner's review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work.

6.1.2 The Owner will timely review and approve the schedule of values so as not to delay the submission of the Design -Builder's first application for payment. The Owner and Design -Builder shall timely resolve any differences so as not to delay the Design -Builder's submission of its first application for payment.

6.2 Monthly Progress Payments.

6.2.1 Prior to submittal of the monthly progress payment application, the Design -Builder and Owner shall review a "draft" payment application and review the project completion status. On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof.

6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances.

6.2.3 All discounts offered by Subcontractor, Sub -Subcontractors and suppliers to Design -Builder for early payment shall accrue one hundred percent to Design -Builder to the extent Design -Builder advances payment. Unless Owner advances payment to Design - Builder specifically to receive the discount, Design -Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought.

6.2.4 The Application for Payment shall constitute Design -Builder's representation that the Work described herein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design -Builder's receipt of payment, whichever occurs earlier.

6.3 Withholding of Payments.

6.3.1 On or before the date established in the Agreement, Owner shall pay Design - Builder all amounts properly due. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment as a result of Design -Builder's failure to meet its obligations hereunder, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures

Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof.

6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design -Builder all undisputed amounts in an Application for Payment within the times required by the Agreement.

6.4 Right to Stop Work and Interest.

6.4.1 If Owner fails to pay timely Design -Builder any amount that becomes due, Design - Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to Section 11.3 hereof. °1 payments due and , aid shall hoar interest at the-o+o oo+ forth On the AgreemeRt.

6.5 Design -Builder's Payment Obligations.

6.5.1 Design -Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design -Builder will indemnify and defend Owner against any claims for payment and mechanic's liens as set forth in Section 7.3 hereof.

6.6 Substantial Completion.

6.6.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete.

Within five (5) seven (7) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion.

6.6.3 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities

having jurisdiction over the Project, and (iii) Owner and Design -Builder agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work.

6.7 Final Payment.

6.7.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has achieved Final Completion.

6.7.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information:

6.7.2.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests;

6.7.2.2 A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment;

6.7.2.3 Consent of Design -Builder's surety, if any, to final payment;

6.7.2.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and

6.7.2.5 Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents.

6.7.2.6 Three full size sets of site and building plans and corresponding CADD files.

6.7.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion and (iii) the terms of any special warranties required by the Contract Documents.

6.7.4 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the Punch List if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design -Builder under Sections 2.9 and 2.10 herein, and shall not be a reason to withhold final payment from Design -Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed.

Article 7
Indemnification

7.1 Patent and Copyright Infringement.

7.1.1 Design -Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design -Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design -Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Design -Builder in any such action or proceeding. Design -Builder agrees to keep Owner informed of all developments in the defense of such actions.

7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design -Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design -Builder cannot so procure such right within a reasonable time, Design -Builder shall promptly, at Design -Builder's option and at Design -Builder's expense, (i) modify the Work so as to avoid infringement of any such patent or copyright or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright.

7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design -Builder to Owner or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design -Builder to the same extent Design -Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above.

7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright.

7.3 Payment Claim Indemnification.

7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design -Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project

as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design -Builder liable for costs and expenses incurred, including attorneys' fees.

7.4 Design -Builder's General Indemnification.

7.4.1 Design -Builder, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys' fees and expenses, for bodily injury, sickness or death, and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable.

7.4.2 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design - Builder's indemnity obligation set forth in Section 7.4.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design - Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts.

Article 8
Time

8.1 Obligation to Achieve the Contract Times.

8.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement.

8.2 Delays to the Work.

8.2.1 If Design -Builder is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design -Builder is responsible, the Contract Time(s) for performance shall

be reasonably extended by Change Order. By way of example, events that will entitle Design -Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force Majeure Events. Normal anticipated weather for the geographical location of the Site is incorporated into the schedule referenced in Section 2.1.3, and shall not be a basis for extension pursuant to this Section.

8.2.2 In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price provided, however, that the Contract Price shall not be adjusted for Force Majeure Events unless otherwise provided in the Agreement.

Article 9
Changes to the Contract Price and Time

9.1 Change Orders.

9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following:

9.1.1.1 The scope of the change in the Work;

9.1.1.2 The amount of the adjustment to the Contract Price; and

9.1.1.3 The extent of the adjustment to the Contract Time(s).

9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

9.2 Work Change Directives.

9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s).

9.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement.

9.3 Minor Changes in the Work.

9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents.

Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder.

9.4 Contract Price Adjustments.

9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods:

9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties;

9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner;

9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or

9.4.1.4 If an increase or decrease cannot be agreed to asset forth in items 9.4.1.1 through 9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement.

9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted.

9.4.3 If Owner and Design -Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to Article 10 hereof. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design - Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs, Design -Builder shall be entitled to submit in its Applications for Payment an amount equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work.

9.5 Emergencies.

9.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9.

Article 10
Contract Adjustments and Disputes

10.1 Requests for Contract Adjustments and Relief.

10.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions of Contract. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request.

10.2 Dispute Avoidance and Resolution.

10.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work.

10.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the field level through discussions between Design -Builder's Representative and Owner's Representative which shall conclude within fourteen (14) days of the written notice provided for in Section 10.1.1 unless the Owner and Design -Builder mutually agree otherwise.

10.2.3 If a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, the procedures set forth in Section 10.2.4 shall be followed. DeSigeu;:Qer's Sen;orRep;eseRtative—and &wrter's Sen;or Representative, 61PGR the request of either party, shall meet as SGOR as GGRVeRieRtly possible, but in no Gase later thaR thii4y (30) days after GUGh a request is made, to attempt. to resolve such dispute E)F disag%eMeRt. Five (5) days prier to aRY MeetiRgG betIA4 _11 th- Nnodes On resolving theip dispute r dio nt

10.2.4 All claims arising out of or related to the Contract Documents or this Project. and the consideration and payment of such claims, are subject to the Government Claims Act Government Code Section 810 et seg.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seg. (Article 1.5), where applicable. This contract hereby incorporates those provisions as though fully set forth herein. Thus. the Design -Builder or any subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable). and must then adhere to Section 9204 and Article 1.5 (as applicable), pursuant to the definition of "claim" as individually defined therein.

10.4 Duty to Continue Performance.

10.4.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner. The disputed Work will be categorized as an "unresolved

dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Design -Builder shall keep accurate, detailed records of all disputed Work, claims and other disputed matters.

10.5 CONSEQUENTIAL DAMAGES.

10.5.1 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY (EXCEPT AS SET FORTH IN SECTION 10.5.2 BELOW), NEITHER DESIGN -BUILDER NOR OWNER

SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR

DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING.

10.5.2 The consequential damages limitation set forth in Section 10.5.1 above is not intended to affect the payment of liquidated damages or lost early completion bonus, if any, set forth in Article 5 of the Agreement, which both parties recognize has been established, in part, to reimburse Owner or reward Design -Builder for some damages that might otherwise be deemed to be consequential.

Article 11
Stop Work and Termination for Cause

11.1 Owner's Right to Stop Work.

11.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project.

11.1.2 Design -Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner.

11.2 Owner's Right to Perform and Terminate for Cause.

11.2.1 If Design -Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.

11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design -Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design - Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design -Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem,

then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration.

11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design - Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design - Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the reprocurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.5 hereof.

11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Article 8 of the Agreement.

11.3 Design -Builder's Right to Stop Work.

11.3.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop the Work for the following reasons:

11.3.1.1 Owner's failure to provide financial assurances as required under Section 3.3 hereof; or

11.3.1.2 Owner's failure to pay amounts properly due under Design -Builder's Application for Payment.

11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Design -Builder has the right to provide Owner with written notice that Design -Builder will stop the Work unless said event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design - Builder may stop the Work. In such case, Design -Builder shall be entitled to make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage.

11.4 Design -Builder's Right to Terminate for Cause.

11.4.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons:

11.4.1.1 The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of court order, any government authority having jurisdiction over the Work, or orders by Owner under Section 11.1.1 hereof, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible.

11.4.1.2 Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to Section 11.1.1 hereof.

11.4.1.3 Owner's failure to cure the problems set forth in Section 11.3.1 above after Design -Builder has stopped the Work.

11.4.2 Upon the occurrence of an event set forth in Section 11.4.1 above, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem, then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under Article 8 of the Agreement.

11.5 Bankruptcy of Owner or Design -Builder.

11.5.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur:

11.5.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non -Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and

11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action.

If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this Article 11.

11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions of Contract.

Article 12
Electronic Data

12.1 Electronic Data.

12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data").

12.2 Transmission of Electronic Data.

12.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed -upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data.

12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted.

12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods.

12.3 Electronic Data Protocol.

12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3.

12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing.

12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project.

12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration.

Article 13
Miscellaneous

13.1 Confidential Information.

13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project.

13.2 Assignment.

13.2.1 Neither Design -Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents.

13.3 Successorship.

13.3.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns.

13.4 Governing Law.

13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles.

13.5 Severability.

13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted.

13.6 No Waiver.

13.6.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance.

13.7 Headings.

13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision.

13.8 Notice.

13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient.

13.9 Amendments.

13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party.

Alk
f
The Heart of Southern California
Wine Country

RONALD REAGAN SPORTS PARK HOCKEY RINK
Parks/Recreation Project
Project Description: This project will include the renovation of the existing hockey rink to install new flooring material and arena style roof structure.

Benefit: This project will upgrade the existing aging facility and provide state- of-the-art recreation opportunity for the City's residents.

Core Value: Healthy and Livable City
Project Status: Construction anticipated to begin Q1 of 2025.

Department: Public Works - Account No. 210.265.999.5800.PW22-06 / 223 Level: I
City of Temecula
Fiscal Years 2025-29
Capital Improvement Program
2024-25
Prior Years
2023-24 Proposed 2025-26 2026-27 2027-28 2028-29
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
5801-Administration
75,223
255,000
330,223
5804-Construction
1,548,594 1,465,406
3,014,000
5805-Construction Engineering
30,000 70,000
100,000
5802-Design & Environmental
50,712
25,471
76,183
5809-Information Technology
100,000
100,000
Total Expenditures
1 125,9351
1,959,065 1,535,406
3,620,406
Source of Funds:
4244-DIF-Park & Rec Improvements
1,014,974
1,014,974
4240-DIF-Quimby
520,432
520,432
4002-Measure S
125,935
1,959,065
2,085,000
Total Funding
125,935
1,959,065 1,535,406
3,620,406
Future Operating & Maintenance Costs:

Total Operating Costs
187

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024
SUBJECT: Approve Non -Exclusive Commodity Agreement with Main Street Signs for the Purchase of Street Name and Traffic Control Signs for Fiscal Years 2025-2029 PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the Non -Exclusive Commodity agreement with Main Street Signs for the purchase of street name and traffic control signs for Fiscal Years 2024-2029, in the amount of $500,000.

BACKGROUND: On May 1, 2024, the Public Works Department Maintenance Division posted on the City of Temecula's online bidding service, Planet Bids, a Request for Quotes (RFQ) No. 059, for the purchase of street name and traffic control signs. The Public Works Department received seven (7) electronic proposals.

Bid results for RFQ 059 are based on the summation of purchasing a single unit from each different item requested. The intent is to enter into an annual agreement with a vendor for a period of five years for Fiscal Years 2024-2029, with a total agreement value of $500,000.

FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget for Fiscal Year 2024-2025 and will be budgeted in each of the following fiscal years.

ATTACHMENTS: Agreement

NON-EXCLUSIVE COMMODITY AGREEMENT

BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS

CITY STREET NAME SIGNS
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Main Street Signs, a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.

2. PURCHASE OF GOODS
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other Vendors.

3. PURCHASE PRICE
The City agrees to pay the Vendor for merchandise ordered and received with an amount not to exceed Five Hundred Thousand Dollars ($500,000) for the total term of this agreement unless additional payment is approved as provided in this Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted.

Payment will be made within thirty (30) business days following the receipt of invoice as to all non -disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases.

4. REPRESENTATION AND WARRANTIES OF VENDOR
Vendor makes the following representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by 08/06/2021

all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title License and Operatinq Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Agreement Documents that may be attached hereto or incorporated herein.

C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading.

5. TIME OF DELIVERY
The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order.

6. RISK OF LOSS
Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City.

7. INSPECTION AND ACCEPTANCE
City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt.

8. REJECTION
In the event of such notice of non -conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units/portions of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses.

9. NO REPLACEMENTS OF CURE
This Agreement calls for strict compliance. Vendor expressly agrees that both the Merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required 08/06/2021

to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor.

10. NON -ASSIGNABILITY
The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

11. INDEPENDENT CONTRACTOR
The Vendor is and shall at all times remain as to the City a wholly independent contractor.

The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control.

12. LEGAL RESPONSIBILITIES
The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section.

13. INDEMNIFICATION
Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

14. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City.

15. SURVIVAL OF REPRESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 08/06/2021

16. REMEDIES
The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity.

17. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties.

18. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California.

The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district courtwith geographic jurisdiction over the City of Temecula.

In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. ENTIRE AGREEMENT
This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement.

20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 08/06/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By-
Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

MAIN STREET SIGNS
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: -
Chuck Atha, President
By:

Charles Atha, Vice President
Peter M. Thorson, City Attorney VENDOR

MAIN'STREET SIGNS
Contact Person: Chuck Atha
1211 W. Brboks St., Suite A
Ontario, CA 91762
Phone Number: 909� 391-0988 �_^
[email protected]
5 08/06/2021

EXHIBIT A

DESCRIPTION AND PRICE LIST OF MERCHANDISE
Cost shall be as per Vendor price listing attached hereto and incorporated herein as though set forth in full. In any event, the cost of such services or purchase, while not guaranteed per Section 3 of this Agreement, shall not exceed $500,000 for the total term of the Agreement.

Sign
Description
Unit Unit Price
Comment

SQ POST
SQUARE POST 10'
/EACH $ 26 90
14 GA

SQ POST
SQUARE POST 12'
/EACH
/EACH
$ 32.90
14 GA

SQ POST
SQUARE POST 15'
$ 33.00
14 GA

U CHANNEL

FULL LENGTH PUNCHING,
POST
3/8" DIAMETER, MINIMUM
/EACH
$18.00
Galv.
12' IN LENGTH
R1
/EACH
$24.95
24"
STOP SIGN HIP 1160
R2
SPPEED LIMIT 25 24" X 30"
/EACH
$39.95
HI
R4-7
KEEP RIGHT SYMBOL 24" X
/EACH
$39.95
30" HIP
W55
FLOODED 30" X 30" HIP
/EACH
$24.00 Reflective on
/EACH
Corrugated Plastic
$29.95 Reflective on
W5
CURVE (ARROW) 36" X 36"
HIP
Corrugated Plastic
$29.95 Reflective on
W20-1
ROAD WORK AHEAD 36" X
/EACH
36" HIP
Corrugated Plastic
$6.25
R32
2HR PARKING WITH TIMES
/EACH
12" X 18" HIP

STREET NAME SIGNS

BLADE HIGH INTENSITY
/EACH
$55.00

AND GRAFFITI COATING
WITH 4" CITY LOGO
HEIGHT: /EACH
$9.95
Tube only, no base
18"
COLOR: WHITE, YELLOW,
HEIGHT:
/EACH
$9.95 Tube only, no base
ORANGE REFLECTIVITY:3"
28"
HEIGHT:
/EACH

DELINEATORS
x 12" HI BANDS
$19.95 Tube only, no base
DIRECTION: ONE OR TWO
36"
HEIGHT:
/EACH
$19.95
Tube only, no base
WAY.
42"
HEIGHT:
/EACH
$19.95
Tube only, no base
48"
CLASS 1

DELINEATOR POST
/EACH
$9.95
Tube only, no base
3M
3M RAISED PAVEMENT
/EACH
$1.65
1-Way
MARKERS SERIES 290
08/06/2021

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024
SUBJECT: Award Construction Contract to Leonida Builders, Inc., for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, Now Dedicated and Known As the Roger Epperson Parking Lot, PW 15-07
PREPARED BY: Nino Abad, Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Award a construction contract to Leonida Builders, Inc. in the amount of $1,242,399 for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07; and

2. Authorize the City Manager to approve construction contract change orders up to $124,239.90, which is equal to 10% of the Contract amount; and

3. Make a finding that the Murrieta Creek Improvements, PW 15-07 is exempt from Multiple Species Habitat Conservation Plan fees.

BACKGROUND: On February 13, 2024, the City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07.

The reconfiguration of the Southside Parking Lot was necessitated by the impacts of the Murrieta Creek Flood Control Project and the Riverside County Flood Control's (RCFC) acquisition of a portion of the parking lot. RCFC has compensated the City for the cost of the acquired property and a portion of the construction costs. The reconfiguration will regain about 22 parking spaces.

Work will generally consist of the removal and/or replacement of parking lot lights, retaining walls, trees, handrail, and existing pavement to accommodate a new parking lot configuration.

The project also includes asphalt grinding, overlay, slurry seal and restriping of the parking lot to the new configuration.

The construction contract was publicly advertised for bids and on Wednesday, June 12, 2024, two bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids.

The results are as follows:

Rank
Bidder
Amount

1. Leonida Builders, Inc.
$1,242,399.00

2. I.E. General Engineering, Inc.
$1,724,195.95
Staff has completed its analysis of the submitted bids and found that Leonida Builders, Inc. of Acton, California to be the lowest responsive and responsible bidder. Leonida Builders, Inc. has public contracting experience and has successfully completed similar projects for various public agencies, including the City of Temecula.

The Engineer's Estimate for the project was $1,250,750. The project specifications allow for 120 working days (approximately 6 months) to complete the work.

The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.

Beginning July 1, 2008, the RCA requires that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Maintenance only projects, such as this project, are exempt from MSHCP fees.

FISCAL IMPACT: The Murrieta Creek Improvements - Southside Parking Lot Reconfiguration, PW 15-07 is identified in the City's Capital Improvement Program (CIP) for Fiscal Years 2025-2029 and is funded with Measure S and Reimbursement from RCFC. There are adequate funds in the account to cover the Contract amount of $1,242,399, plus the 10% contingency of $124,239.90, for a total encumbrance of $1,366,638.90.

ATTACHMENTS: 1. Contract

2. Project Description

3. Project Location Maps

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for

MURRIETA CREEK IMPROVEMENTS

SOUTHSIDE PARKING LOT RECONFIGURATION
PROJECT NO. PW 15-07
THIS CONTRACT, made and entered into the 9T" day of July, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", Leonida Builders, Inc., hereinafter referred to as "Contractor."
WITNESSETH:

That City and Contractor, for the consideration hereinafter named, mutually agree as follows.

CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW 15-07, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW.15-07. Copies of these Standard Specifications are available from the publisher:

BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW 15-07.

In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.

Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the 6/13/2024 CONTRACT C-1

Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.

2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: MURRIETA CREEK IMPROVEMENTS — SOUTHSIDE PARKING LOT RECONFIGURATION, PROJECT NO. PW 15-07.

All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.

3. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives.

4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION TWO HUNDRED FORTY-TWO THOUSAND THREE HUNDRED NINETY-NINE DOLLARS AND NO CENTS ($1,242,399.00), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed One Hundred Twenty (120) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.

5. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.

PAYMENTS
a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests.
b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule.

Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, 6/13/2024 CONTRACT C-2

shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City.

C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract.

Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.
d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.

7. LIQUIDATED DAMAGES / EXTENSION OF TIME
a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

8. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.

Copies may be obtained from the California Department of Industrial Relations Internet website at littp:// www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to 6/13/2024 CONTRACT C-3

compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

10. TIME OF THE ESSENCE
Time is of the essence in this contract.

11. INDEMNIFICATION
All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City.

The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor.

12. GRATUITIES
Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.

13. CONFLICT OF INTEREST
Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids.

14. CONTRACTOR'S AFFIDAVIT
After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

15. NOTICE TO CITY OF LABOR DISPUTES
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

16. BOOKS AN❑ RECORDS
6/13/2024 CONTRACT C-4

Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.

17. INSPECTION
The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.

18. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract.

20. PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter.

Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California.

21. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

22. WRITTEN NOTICE
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows:

Mailing and Delivery Address: Patrick A. Thomas, PE
6/13/2024 CONTRACT C-5

Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590

23. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Two Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Contractor insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-: VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

f. Special Risks ❑r Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.

27. CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims 6/13/2024 CONTRACT C-8

Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. 6/13/2024 CONTRACT C-9

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.

DATED: 06/18/2024
AIM
DATED:

ATTEST:

Randi Johl, City Clerk
CONTRACTOR:

Leonida Builders, Inc.
32023 Crown Valley Road
Acton, Ca. 93510
(909) 275-3354
oanikos ,.leonidabuilders.com
By:

Panagiotis Leonida
Print or type NAME
President
Print or type TITLE*
By
Panagiotis Leonida
Print or type NAME
President. Secretary & Treasurer
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM:

CITY OF TEMECULA
By:

James Stewart, Mayor
Peter M. Thorson, City Attorney
6/13/2024 CONTRACT C-10

Adft
IT
The Heart of Southern California
Wine Country

MURRIETA CREEK IMPROVEMENTS
Infrastructure Project
Project Description: This project reflects the United States Army Corps of Engineers (USACE) and Riverside County Flood Control (RCFC) improvements to Murrieta Creek within City limits. This project also include the study, design, and construction of alternatives to reconfigure the existing Southside Parking Lot which has been impacted by the Riverside County Flood Control's acquisition of a portion of the parking lot. Lighting will be added to the trail on the east side of Murrieta Creek between First Street and Rancho California Road. The installation of a RCFC Storm Drain Catch Basin No.100 on Pujol Street was added.

Benefit: This project helps prevent flooding of Old Town Temecula.

Core Value: A Safe and Prepared Community
Project Status: Design for the Southside parking lot reconfiguration is on- going. Construction is anticipated in FY2024-25. Construction of the trail lighting is anticipated in FY2024-25.

Department: Public Works - Account No. 210.265.999.5800.PW15-07 / 735 Level: I
City of Temecula
Fiscal Years 2025-29
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2024-25
2023-24 Adopted 2025-26 2026-27 2027-28 2028-29
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
5801-Administration
90,131
96,997 68,500
255,628
5804-Construction
62,748
835,458 602,367
1,500,573
5802-Design & Environmental
224,610
45,790 36,000
306,400
5601-Furnishings & Equipment
129,387
613
130,000
5809-Information Technology
130,000
130,000
Total Expenditures
506,877
978,857 836,867
2,322,601
Source of Funds:
4245-DIF-Corporate Facilities
130,000
130,000
4001-General Fund
135,858
135,858
4002-Measure S
53,791
180,000 706,867
940,658
4438-Reimbursements
911,085
5,000
916,085
4145-TEAM
200,000
200,000
Total Funding
1 1,100,734
385,000 836,867
2,322,601
Future Operating & Maintenance Costs:

Total Operating Costs

Adft
IT
The Heart of Southern California
Wine Country
f►FAIII11.1:1L11r_,94l,1444,A117il]1.16IT"1,TilAL1ltIlki City of Temecula
Fiscal Years 2025-29
Capital Improvement Program
Infrastructure Project
2024-25
Prior Years 2023-24 Adopted 2025-26 2026-27 2027-28 2028-29 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Notes :

1. The City Council approved an Agreement for Sale and Purchase with Riverside County Flood Control and Water Conservation District (RCFC&WCD) for the purchase of a portion of the Southside Parking Lot on July 28, 2020. The Riverside County Board of Supervisors approved the agreement on March 23, 2021. The City received the total purchase price and the Cost to Cure in the amount of $771,136.16 for the reconfiguration of the Southside Parking Lot.

2. Reimbursements include $834,336 from Riverside County Flood Control and Water Conservation District (RCFC&WCD) and$28,249 from Frontier Communications for the purchase of an easement along Pennypickle s Workshop and Murrieta Creek.

3. TEAM - Temecula Energy Efficiency Asset Fund.

PW 15-07 - Southside Parking Lot Reconfiguration
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1 11,12801

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Notes

Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024
SUBJECT: Award Construction Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, for the Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15
PREPARED BY: Nino Abad, Senior Civil Engineer
Kellen Freeman, Assistant Engineer
RECOMMENDATION: That the City Council:

1. Award a construction contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, in the amount of $1,923,009.35, for Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15; and

2. Authorize the City Manager to approve construction contract change orders up to $252,300.94, which is 13% of the contract amount; and
Make a finding that Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15, is exempt from Multiple Species Habitat Conservation Plan fees.

BACKGROUND: On April 23, 2024, the City Council approved the contract documents and authorized the Department of Public Works to solicit construction bids for the Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15. On March 26, 2024 the City filed a Notice of Exemption with the County Clerk and Recorders Office.

This project will rehabilitate approximately 53,000 square yards (477,000 square feet) of roadway on Rainbow Canyon Road from the intersection of Rainbow Canyon Road and Pechanga Parkway to the southern City Limits. The roadway rehabilitation will consist of cold milling 0.F (1.2") of the existing pavement followed by a 0. V (1.2") leveling course followed by Asphalt Rubber and Aggregate Membrane (ARAM) chip seal topped with 0. V (1.2") of Asphalt Rubber Hot Mix (ARHM). Removal of existing pavement delineation, restriping, and replacement of existing curb ramps with ADA compliant curb ramps are also included.

The construction contract was publicly advertised between May 9 and June 6, 2024. Four (4) bids were received and publicly opened on June 6, 2024. Staff has reviewed and analyzed the bids.

The results are as follows:

Contractor
Bid Amount
I Martin Marietta San Diego Aggregates LLC
$1,923,009.35
dba ATP General Engineering Contractors
2 Hardy & Harper, Inc.
$1,935,000.00
3 All American Asphalt
$1,975,579.10
4 R.J. Noble Company
$2,192,383.70
After analysis of bids, and waiving minor bid irregularities, it has been determined that ATP General Engineering Contractors is the lowest responsive and responsible bidder.

The Engineer's Construction Cost Estimate was $1,800,000. The project specifications allow for 60 working days (approximately 3 months) to complete the work.

In April of 2022 the County of Riverside (County) opened bids for pavement rehabilitation on Rainbow Canyon Road. The County's pavement rehabilitation project spanned approximately 5000 feet from Rainbow Valley Boulevard to just south of the City limits. After discussion with the County, it was discovered that the County ended their pavement rehabilitation short of their border with the City. The $252,300.94 contingency amount includes money for the contractor to rehabilitate the portion of Rainbow Canyon Road that the County omitted from their rehabilitation project plus 10% of the base contract amount. The County will reimburse the City for the cost of the pavement rehabilitation segment in the County's right of way.

Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Maintenance projects such as this project are exempt from the MSHCP.

FISCAL IMPACT: Rainbow Canyon Road Pavement Rehabilitation Project, PW22-15 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2025-2029 and is funded with Measure S funds and Pechanga Intergovernmental Agreement reimbursement funds. There are adequate funds to cover the contract amount of $1,923,009.35 plus the 13% contingency of $252,300.94 for a total encumbrance of $2,175,310.29.

ATTACHMENTS: 1. Contract

2. Project Description

3. Project Location Map

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for

RAINBOW CANYON ROAD PAVEMENT REHAB
PROJECT NO. PW22-15
THIS CONTRACT, made and entered into the 911 day of July, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, hereinafter referred to as "Contractor."
WITNESSETH:

That City and Contractor, for the consideration hereinafter named, mutually agree as follows:

CKe7L[Q2ZeZfl11►�i1��9
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15. Copies of these Standard Specifications are available from the publisher:

BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15.

In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.

CONTRACT C-1

2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RAINBOW CANYON ROAD PAVEMENT REHAB, PROJECT NO. PW22-15.

4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION NINE HUNDRED TWENTY THREE THOUSAND NINE DOLLARS AND THIRTY FIVE CENTS ($1,923,009.35), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed sixty (60) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.

6. PAYMENTS
Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year CONTRACT C-2

Warranty and an Affidavit of Final Release with the City on forms provided by the City.
c. Pavment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Pavment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.

7. LIQUIDATED DAMAGES /EXTENSION OF TIME
a. Liauidated Damaaes: In accordance with Government Code Section 53069.85 Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.
b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City.

Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca..qov . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion CONTRACT C-3

thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

10. TIME OF THE ESSENCE
Time is of the essence in this contract.

CONTRACT C-4

16. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.

Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California.

CONTRACT G5

21 22

23. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

WRITTEN NOTICE
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows:

Mailing and Delivery Address: Patrick A. Thomas, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590

INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
a. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as and shall maintain limits no less than:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non - owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury.
3) Workers' Compensation: as required by the State of
California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

CONTRACT C-6

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Vendor.

notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

CONTRACT C-8

All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act.

CONTRACT C-9

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.

DATED: Z4� CONTRACTOR:

Martin Marietta San Diego Aggregates LLC dba
ATP General Engineering Contractors
4211 Ponderosa Ave., Suite C
San Diego, California 92123
619-777=8100
,�pllllllll/1I11jN
David A. Donnelly
� Print or type NAME
.•
'••.....•• Nip ��O
q+111O#P Vice President
Print or type TITLE*
By: 4zelijil �
Edwin P. Gehr
Print or type NAME
Vice President
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) DATED:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

CITY OF TEMECULA
By:

James Stewart, Mayor
CONTRACT C-10

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Diego )
On (� �., before me, Barbara Jacob, Notary Public
(insert name and title of the officer)
personally appeared David A. Donnelly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument.

I certify under ENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. *my

BARBARA JACOB
Notary Public • California
San Diego County
Commission# 2439537 Comm. Expires Feb 28, 2027
Signature (Seal)

State of California
County of San Diego )
On before me, Barbara Jacob, Notary Public
(insert name and title of the officer)
personally appeared Edwin P. Gehr
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

BARBARA JACOB
W F: Notary Public • California i
San Diego County >
Commission # 2439537
(Seal)
�•� ."� My Comm. Expires Feb 28, 2027 r

Alk
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2025-29
Capital Improvement Program

RAINBOW CANYON ROAD PAVEMENT REHABILITATION
Circulation Project
Project Description: This project includes the design and construction for the pavement rehabilitation of Rainbow Canyon Road, from Pechanga Parkway to the southern City Limits.

Benefit: The project improves pavement conditions so that the transportation needs of the public, business industry and government can be met.

Core Value: Transportation Mobility and Connectivity
Project Status: Construction to start summer 2024
Department: Public Works - Account No. 210.265.999.5800.PW22-15 / 786 Level: I
Project Cost:

Prior Years
Actuals
2024-25
2023-24 Proposed 2025-26 2026-27 2027-28 2028-29
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
5801-Administration
38,515
261,485
300,000
5804-Construction
2,074,910
2,074,910
5805-Construction Engineering
50,000
50,000
5802-Design & Environmental
79,413
395,677
475,090
Total Expenditures
117,928
2,782,072
2,900,000
Source of Funds:
4002-Measure S
4078-Reimbursement-Pechanga IGA
1,700,000
350,000
850,000
350,000
2,550,000
Total Funding
1,700,000
1,200,000
2,900,000
Future Operating & Maintenance Costs:

Total Operating Costs
95 Item No. 11

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JUNE 11, 2024
CALL TO ORDER at 6:45 PM: President Zak Schwank
ROLL CALL: Alexander, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the Board of Directors:
• Laurel LaMont • Melissa Bourbonnais

CSD PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the Board of Directors:
• Laurel LaMont (Item #23) • Melissa Bourbonnais (Item #23)

CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (4-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

21. Approve Action Minutes of May 28, 2024
Recommendation: That the Board of Directors approve the action minutes of May 28, 2024.

22. Approve First Amendment with VisionOne, Inc. for Theater Ticketing Software Recommendation: That the Board of Directors approve the first amendment with VisionOne, Inc. for theater ticketing software to extend the term and increase payment in the amount of $80,000 for a total agreement amount of $200,000.

23. Approve First Amendment with Social Work Action Group for Citywide Homeless Outreach �ervi res
Recommendation: That the Board of Directors approve the first amendment with Social Work Action Group (SWAG) for citywide homeless outreach services to increase payment in the amount of $240,000 for a total agreement amount of $1,716,604.80.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:02 PM, the Community Services District meeting was formally adjourned to Tuesday, June 25, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 12

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: July 9, 2024
SUBJECT: Approve Sponsorship Agreements with Various Nonprofits for Use of City Facilities PREPARED BY: Mike Wooten, Community Services Manager
RECOMMENDATION: That the Board of Directors approve the following 2-year sponsorship agreements with various nonprofits for use of City facilities:

Temecula Valley Garden Club - $3,840
Valley of the Mist Quilters Guild - $3,660
Temecula Valley Rose Society - $1,800
Temecula Valley Writers and Illustrators - $2,640
BACKGROUND: The Community Services Department is committed to providing high quality events, classes, programs and activities for Temecula citizens and visitors. This also includes working closely with our Nonprofit community who offer other services and benefits for our residents. These nonprofits bring added value to our community by offering unique subjects and specialties that City staff and programs cannot offer. Each nonprofit group will host a yearly seminar, event and/or activity, open to the public, to showcase their areas of expertise.

FISCAL IMPACT: Adequate funds have been requested as part of the Fiscal Year 2024-2025 Annual Operating Budget for these agreement amounts. Funds for future fiscal years will be requested as part of the normal annual budget process.

ATTACHMENTS: 1. Agreement - Temecula Valley Garden Club

2. Agreement - Valley of the Mist Quilters Guild

3. Agreement - Temecula Valley Rose Society

4. Agreement - Temecula Valley Writers and Illustrators

SPONSORSHIP AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND

TEMECULA VALLEY GARDEN CLUB
THIS AGREEMENT is made and effective as of this 9tn day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and TEMECULA VALLEY GARDEN CLUB, a nonprofit (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall utilize the Temecula Community Center Multi -Purpose Room or other suitable City facilily for the purpose of Club Meetings (hereinafter referred to as the "Event") on the second Tuesday of each month at the Temecula Community Center or other suitable City facility (room based on availability) as follows, or on alternate dates pending facility availability as determined by Staff. Future dates will be determined based on room availability determined by Staff.

Garden Club.
b. The rental includes set-up and breakdown time.

C. Multi -Purpose Room and Kitchen rental cost paid by the Temecula Valley d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host a yearly event open to the public. f. Alcohol will not be served.
g. The City desires to be a Sponsor of the Temecula Valley Garden Club by providing these costs.

2. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed three thousand eight hundred forty dollars and no cents ($3,840) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A.

4. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives

from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement.

5. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by June 30, 2024, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.

CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of 6 activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonprofit shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

6. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 3 7. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section.

8. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

9. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Temecula Valley Garden Club
Attn: Jane Payne
P.O. Box 1526
Temecula, CA 92593

15. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 4 16. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 61 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

TEMECULA COMMUNITY SERVICES

DISTRICT

TEMECULA VALLEY GARDEN CLUB
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By: 6
Zak Schwank, TCSD President a Payne, President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By:

Peter M. Thorson, General NONPROFIT
Counsel
Temecula Valley Garden Club
Attn: Jane Payne
P.O. Box 1526
Temecula, CA 92593
City Purchasing Mgr.

Initials and Date:
0 EXHIBIT "A"

TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS

SPONSOR
Temecula Valley Garden Club shall provide the following benefits and services for the citizens of the City of Temecula:
■ City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material.
• Host a one yearly event open to the community.
7 EXHIBIT "B"

IN -KIND SERVICES

ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Temecula Valley Garden Club meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year.

TCC Multipurpose Room set-up and breakdown time: S 3,840.00 TOTAL VALUE:

SPONSORSHIP AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND

VALLEY OF THE MIST QUILTERS GUILD
THIS AGREEMENT is made and effective as of this 9th day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Valley of the Mist Quilters Guild, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall utilize the Mary Phillips Senior Center Multi -Purpose Room or other suitable City facilily for the purpose of Guild Meetings (hereinafter referred to as the "Event") on the second Tuesday of each month at the Mary Phillips Senior Center or other suitable City facility (room based on availability) as follows, or on alternate dates pending facility availability as determined by Staff. Future dates will be determined based on room availability determined by Staff.

Quilters Guild
b. The rental includes set-up and breakdown time.

C. Multi -Purpose Room and Kitchen rental cost paid by the Valley of the Mist d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host one yearly event open to the public.

Alcohol will not be served.
g. The City desires to be a Sponsor of the Valley of the Mist Quilters Guild.

3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed three thousand six hundred sixty dollars and no cents ($3,660) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A.

5. INSURANCE
The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors.
a. Minimum Score of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit.

General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
06/26/2024

f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section.

8. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Valley of the Mist Quilters Guild
Attn: Karrie Dominguez
27475 Ynez Road # 435
Temecula, CA 92591
06/26/2024

16. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

TEMECULA COMMUNITY SERVICES VALLEY OF THE MIST QUILTERS GUILD DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Zak Schwank, TCSD President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By:

Karrie Dominguez, ent
Peter M. Thorson, General NONPROFIT
Counsel
Valley of the Mist Quilters Guild
Attn: Karrie Dominguez
27475 Ynez Road # 435
Temecula, CA 92591
951-970-8452
City Purchasing Mgr.

Initials and Date:

EXHIBIT "A"

TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS

SPONSOR
Valley of the Mist Quilters Guild shall provide the following benefits and services for the citizens of the City of Temecula:

City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material.
■ Host a yearly event open to the public.
06/26/2024

EXHIBIT "B"

IN -KIND SERVICES

ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Valley of the Mist Quilters Guild meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year.

MPSC Multipurpose Room and Kitchen set-up and breakdown time: 3,660.00 TOTAL VALUE:
06/26/2024

SPONSORSHIP AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND

TEMECULA VALLEY ROSE SOCIETY
THIS AGREEMENT is made and effective as of this 9th day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Rose Society, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall hold meetings or classes (hereinafter referred to as the "Event") each month at the Ronald H. Roberts Temecula Public Library (room based on availability) as follows, or on alternate dates pending facility availability as determined by staff. Future dates will be determined based on room availability determined by Staff.

Rose Society
• 2"d Thursday — 2 hours
■ 3rd Thursday — 3 hours
b. The rental includes set-up and breakdown time.

C. Community Room and Kitchen rental cost paid by the Temecula Valley d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host one yearly event open to the public.

Alcohol will not be served.
g. The City desires to be a Sponsor of the Temecula Valley Rose Society.

3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed one thousand eight hundred dollars and no cents ($1,800) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A.

5. INSURANCE
The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

By executing this Agreement, Vendor is submitting the certification required above.

O6/26/2024

8. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Temecula Valley Rose Society
Attn: Rebecca Weersing
P. O. Box 890367
Temecula, CA 92589
06/26/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

TEMECULA COMMUNITY SERVICES TEMECULA VALLEY ROSE SOCIETY DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation)
By. By: 1
— t" ._
Zak Schwank, TCSD President Rebecca Weersing, Preside t ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By:

Peter M. Thorson, General NONPROFIT
Counsel
Temecula Valley Rose Society
Attn: Rebecca Weersing
P. O. Box 890367
Temecula, CA 92589
City Purchasing Mgr.

Initials and Date:
0 EXHIBIT "A"

TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS

SPONSOR
Temecula Valley Rose Society shall provide the following benefits and services for the citizens of the City of Temecula:
• City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material.
• Host a yearly event open to the public.
06/26/2024

EXHIBIT "B"

IN -KIND SERVICES

ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Temecula Valley Rose Society meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year.

Community Room and Kitchen set-up and breakdown time: $ 1,800.00 TOTAL VALUE:
06/26/2024

SPONSORSHIP AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND

TEMECULA VALLEY WRITERS AND ILLUSTRATORS
THIS AGREEMENT is made and effective as of this 9th day of July, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Writers and Illustrators, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall hold meetings or classes (hereinafter referred to as the "Event') each month at the Conference Center at the Civic Center (room based on availability) as follows, or on alternate dates pending facility availability as determined by staff. Future dates will be determined based on room availability determined by Staff. • 31 Sunday — 3 hours
b. The rental includes set-up and breakdown time.

C. Conference Center cost paid by the Temecula Valley Writers and Illustrators
d. The Nonprofit is permitted to book rentals for the year. e. The Nonprofit will host one yearly event open to the public. f. Alcohol will not be served.
g. The City desires to be a Sponsor of the Temecula Valley Writers and Illustrators.

3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed two thousand six hundred forty dollars and no cents ($2,640) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor, the City shall receive sponsor benefits as listed in Exhibit A.

4. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula 06/26/2024

Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement.

5. INSURANCE
The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

By executing this Agreement, Vendor is submitting the certification required above.

1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit.

copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Temecula Valley Writers and Illustrators
Attn: Jeff Waddleton
30732 Doral Court
Temecula, CA 92592
06/26/2024

O6/26/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

TEMECULA COMMUNITY SERVICES TEMECULA VALLEY WRITERS AND

DISTRICT ILLUSTRATORS
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Zak Schwank, TCSD President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By: 2,1,rll
Je Wa dle on, President
By:

Peter M. Thorson, General NONPROFIT
Counsel
Temecula Valley Writers and Illustrators
Attn: Jeff Waddleton
30732 Doral Court
Temecula, CA 92592
City Purchasing Mgr.

Initials and Date:
0 EXHIBIT "A"

TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS

SPONSOR
Temecula Valley Writers and Illustrators shall provide the following benefits and services for the citizens of the City of Temecula:
• City of Temecula logo/name on advertisements, press releases, posters and flyers or other promotional material.
• Host a yearly event open to the public.
06/26/2024

EXHIBIT "B"

IN -KIND SERVICES

ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Temecula Valley Writers and Illustrators meetings. The following expenses can be anticipated for the event and include staff support for room set-up time and set-up and breakdown costs per year.

Conference Center set-up and breakdown time: $2,640.00
TOTAL VALUE:
-2 4
06/26/2024

Item No. 13

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: July 9, 2024
SUBJECT: Approve First Amendment to Agreement with Douglas Hiner dba DH Umpire Services Company for Officiating Services for the Adult Softball League PREPARED BY: Sergio Raya, Community Services Supervisor II RECOMMENDATION: That the Board of Directors approve the first amendment to the agreement with Douglas Hiner dba DH Umpire Services Company for officiating services for the Adult Softball League through June 30, 2026, for a total amount of $155,000, and amend related insurance requirements.

BACKGROUND: The Sports Division entered into an agreement with Douglas Hiner dba Umpire Services Company for officiating services for the City of Temecula Adult Softball League in the Spring of 2021 after the COVID-19 restrictions temporary halted municipalities from operating adult sports leagues. Over the course of the three-year term of the current agreement, the participants of the adult softball league have appreciated the fair and consistent officiating that DH Umpire Services Company has delivered. Additionally, the level of professional service, particularly in the realm of communication and record keeping, is particularly valued by City Sports staff. City staff is seeking to option the two-year extension, ending on June 30, 2026, in the agreement in order to secure the same exemplary level of service that has been experienced the last three years.

FISCAL IMPACT: Funds are budgeted in the Fiscal Year 2024-2025 Annual Operating Budget. Funds for future fiscal years will be budgeted as part of the normal Annual Operating Budget.

ATTACHMENTS: First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND DOUGLAS HINER DBA

DH UMPIRE SERVICES COMPANY
THIS FIRSTAMENDMENT is made and entered into as of July 9, 2024,by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Douglas Hiner dba DH Umpire Services Company, an Individual Person (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On July 27, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Consultant Service," in the amount of $93,000.00. b. The parties now desire to extend the term of the agreement to June 30, 2026, increase the payment in the amount of $62,000.00, adjust the insurance requirements, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:

This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Sixty -Two Thousand Dollars and No Cents ($62,000.00), for additional umpire services for a total Agreement amount of One Hundred Fifty -Five Thousand Dollars and No Cents ($155,000).

4. Section 9 of the Agreement entitled "INSURANCE REQUIREMENTS" at paragraph "b" is hereby amended to read as follows:

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
08/09/2021

2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Contractor. General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies.
3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 08/09/2021

6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

5. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as follows:
"Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Consultant: DH Umpire Services
Attn: Douglas Hiner
377 Overleaf Way
San Jacinto, CA 92583

6. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.
08/09/2021

7. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

TEMECULA COMMUNITY SERVICES DOUGLAS HINER DBA DH UMPIRE

DISTRICT SERVICES COMPANY
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

By:

Zak Schwank, TCSD President Iroualaj'Hiner, Owner
ATTEST:

By
Randi Johl, Secretary
APPROVED AS TO FORM:

By
Peter M. Thorson, General CONTRACTOR
Counsel
DH Umpire Services Cornvan
Attn: Doug Hiner
377 Overleaf Way
San Jacinto, CA 92582
[email protected]
City Purchasing Mgr.

Initials and
Date:
3 08/09/2021

ATTACHMENT A

EXHIBIT A
Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $155,000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
08/09/2021

Item No. 14

TEMECULA PUBLIC FINANCING AUTHORITY

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: July 9, 2024
SUBJECT: Adopt Ordinance No. TPFA 2024-02 Levying Special Taxes within Community Facilities District No. 23-02 (Altair) (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the Board of Directors adopt an ordinance entitled:

ORDINANCE NO. TPFA 2024-02

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY LEVYING

SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES DISTRICT NO.23-01
(ALTAIR)
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart.

Ordinance No. TPFA 2024-02 was first introduced at the regularly scheduled meeting of March 26, 2024.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance No. TPFA 2024-02

ORDINANCE NO. TPFA 2024-02

AN ORDINANCE OF THE BOARD OF DIRECTORS OF

THE TEMECULA PUBLIC FINANCING AUTHORITY

LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC

FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO.23-01 (ALTAIR)

THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. On February 13, 2024, this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted Resolution No. TPFA 2024-03 entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — Altair" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) (the "District"), to designate an Improvement Area No. I of the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) in the District (the "Improvement Area"), and to identify a future annexation area (the "Future Annexation Area") relative to the District, all pursuant to the Mello - Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), to finance the costs of certain public improvements (the "Facilities"), of certain municipal services (the "Services") and of a conservation fee (the "Conservation Fee").

Section 2. In the Resolution of Intention, this Board of Directors determined that it may be necessary to designate additional improvement areas when territory in the Future Annexation Area annexes into the District (each, a "Future Improvement Area").

Section 3. Notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form the District, to designate the Improvement Area, and to identify the Future Annexation Area, all to provide for the costs of the Facilities, the Services and the Conservation Fee.

Section 4. The public hearing was held on March 26, 2024. At the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the designation of the Improvement Area, the identification of the Future Annexation Area, the levy of special taxes in the Improvement Area and the incurrence of bonded indebtedness for the Improvement Area and the Future Improvement Areas were heard, substantial evidence was presented and considered by this Board of Directors and a full and fair hearing was held.

Section 5. Subsequent to the public hearing, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "Resolution of Formation"), "A Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the Necessity to Incur Bonded Indebtedness of the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the

"Resolution of Necessity") and "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Improvement Area No. 1 of the Community Facilities District No. 23-01 (Altair)," which resolutions established the District and the Improvement Area, identified the Future Annexation Area, authorized the levy of a special tax on property within the Improvement Area, authorized the incurrence of bonded indebtedness for the Improvement Area and called an election within the Improvement Area on the proposition of incurring indebtedness, levying the special tax and establishing an appropriations limit for the Improvement Area, respectively.

Section 6. On March 26, 2024 an election was held within the Improvement Area in which the sole eligible landowner elector approved said propositions.

Section 7. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the Improvement Area and on any parcels in the Future Annexation Area that are annexed into the Improvement Area or a Future Improvement Area, pursuant to the Law. With respect to the Improvement Area, the Authority shall levy the special tax at the rate and in accordance with the rate and method of apportionment of special taxes attached as Exhibit B to the Resolution of Intention (the "Improvement Area No. 1 Rate and Method), which Resolution of Intention is by this reference incorporated herein. With respect to Future Improvement Areas, the City shall levy the special taxes at the rate and in accordance with the rate and method of apportionment approved by the qualified electors in the respective Future Improvement Areas in the manner required by the Law (each, a "Future Rate and Method"; together with the Improvement Area No. 1 Rate and Method, the "Rate and Methods"). The special taxes are hereby levied commencing in Fiscal Year 2024-2025 and in each fiscal year thereafter for the period provided in applicable Rate and Methods, as contemplated by the Resolution of Formation and the Resolution of Necessity, and payment in full all costs of administering the District.

Section 8. The Authority Treasurer is hereby authorized and directed to work with the Finance Director for the City of Temecula (who is identified as the "CFD Administrator" in the Improvement Area No. 1 Rate and Method) each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the Improvement Area and each Future Improvement Area, in the manner and as provided in the respective Rate and Method applicable thereto.

Section 9. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Methods. In no event shall the special taxes be levied on any parcel within the Improvement Area or a Future Improvement Area (including any parcels in the Future Annexation Area that are annexed into the District) in excess of the maximum tax specified in the applicable Rate and Method.

Section 10. All of the collections of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of principal and interest on bonds issued by the Authority for the Improvement Area or a Future Improvement Area (the "Bonds"), the replenishment of the reserves for the Bonds, the payment of the costs to provide the Facilities, the Services and the Conservation Fee, the costs of the Authority and the City of Temecula in administering the District, and the costs of collecting and administering the special tax.

Section 11. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District and any improvement areas thereof on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the California Government Code shall apply to delinquent special tax payments. The Treasurer is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District and any improvement areas thereof in each fiscal year until the later of the date on which (a) the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District and any improvement areas thereof, or (b) the date, if ever, on which this City Council determines that the special tax shall no longer be levied to pay for costs of the Facilities, the Conservation Fee and/or the Services.

Notwithstanding the foregoing, the Treasurer may collect one or more installments of the special taxes on any one or more parcels in the District or any improvement area thereof by means of direct billing by the Authority of the property owners within the District or any improvement area thereof, if any of the Bonds bear interest at a variable interest rate, or otherwise if, in the judgment of the Treasurer, such means of collection will reduce the administrative burden on the Authority in administering the District or such improvement area or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners.

Section 12. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, or if the special tax is found inapplicable to any particular parcel within the Improvement Area or a Future Improvement Area, by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance and the application of the special tax to the remaining parcels within the Improvement Area or Future Improvement Area (including any parcels in the Future Annexation Area that are annexed into the District).

PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 9th day of July, 2024.

James Stewart, Chair
ATTEST:

Randi Johl, Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Ordinance No. TPFA 2024-02 was duly introduced and placed upon its first reading at a meeting of the Board of Directors of the Temecula Public Financing Authority on the 261h day of March, 2024, and that thereafter, said Ordinance was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 9th day of July, 2024, by the following vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

Randi Johl, Secretary

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Matt Peters, Acting Director of Community Development DATE: July 9, 2024
SUBJECT: Introduce Ordinance Amending Titles 9 and 17 of the Temecula Municipal Code to Add and Implement a Class IV Establishment License and Adopt Related Resolutions
PREPARED BY:

RECOMMENDATION:

Mark Collins, Associate Planner
That the City Council:

1. Introduce and read by title only an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND
DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2)
AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES

COMMERCIAL / OFFICE / INDUSTRIAL DISTRICTS) TO

INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT

AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED

IN THE OLD TOWN SPECIFIC PLAN AND ADDING A NOTE
REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A
NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL
ALCOHOL REQUIREMENTS FROM CHAPTER 17.10
(SUPPLEMENTAL DEVELOPMENT STANDARDS) TO
CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR
ENTERTAINMENT ESTABLISHMENTS, AND 5) MAKING A

FINDING OF EXEMPTION UNDER CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061(B)(3)

2. Adopt the following resolutions entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO.

11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS

IV ENTERTAINMENT ESTABLISHMENT AS A PERMITTED
USE IN THE DOWNTOWN CORE DISTRICT, 2) IMPLEMENT

A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT
PROGRAM, AND 3) MAKING A FINDING OF EXEMPTION

UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTION 15061(B)(3)
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ESTABLISHING A CLASS IV ENTERTAINMENT

LICENSE FEE
BACKGROUND SUMMARY: During the Covid-19 pandemic, businesses of all varieties were put under conditions that likely could have resulted in the loss of many businesses within the City, specifically Old Town. During the pandemic, the City was proactive and established an outdoor dining program that allowed restaurants and retailers to stay open and continue to operate within the limits of then current health restrictions. This proved beneficial, as all businesses who took advantage of the program survived the pandemic and continue to thrive to this day. As the "Jewel of Temecula," residents have long known that Old Town is a special place; both in terms of its importance to the community as a cultural, historic, and social place for families to enjoy as well as its substantial economic impact to the City and regionally.

The exceptional steps taken by businesses and the City to keep Old Town open during this time was no doubt a success. As the impacts of the pandemic eased, Old Town became a victim of its own success, with rising rates of alcohol related incidents, overserving of patrons and various other alcohol related induced crimes or violations of the Municipal Code. In addition to the rising rates of alcohol related incidents, City Staff was receiving multiple requests from existing and potential businesses to sell alcohol past midnight.

In response, the City of Temecula held a joint public workshop of the City Council and Planning Commission on the morning of September 28, 2023. These bodies are responsible for the approval of permits and licenses allowing for businesses to provide or sell alcohol to their guests and patrons. At this meeting, staff presented a history of Old Town and its growth into the lively Old Town is today; this included more recent history of continued alcohol related incidents and in some cases illegal behavior/actions observed. This discussion focused on three topics that the Council requested additional research and information on. They were: 1) Consistent and predictable conditions of approval for businesses that provide alcoholic beverage sales. 2) Type 90 Alcohol Beverage Control (ABC) License, which permits entertainment venues to serve distilled spirits, without food service as well as allow minors on the premises. 3) Explore the options of an outdoor live entertainment permit specific to Old Town.

Staff received direction from the joint workshop to further analyze and prepare a policy framework for amending the Development Code. After initial analysis, further direction was necessary from the Planning Commission and City Council. A second joint public workshop of the City Council

and Planning Commission was held on the morning of February 6, 2024. This meeting focused primarily on how the City wanted to address some specific questions that would shape the framework of the updated policies. Specifically, staff was requesting direction on:
• hours of operation;
• quantity of events/permits;
• limits on musical instruments (percussion); and
• relation to City events and residences.

After collecting feedback from the joint workshop, staff prepared a draft ordinance to implement these changes to Chapter 9.10 (Entertainment License), Title 17 (Zoning) and a draft resolution to adopt Specific Plan Amendment No. 11 (SPA No. 5) to the Old Town Specific Plan.

SUMMARY OF ORDINANCE: The proposed Ordinance would make amendments to Titles 9, and 17 of the Temecula Municipal Code. Listed below is a summary of the proposed changes to the Municipal Code:

Changes to Title 9
Section 9.10.020 (Definitions)

1. Amend the definition of `Entertainment Establishment Types" to include "Class IV Entertainment License" which is specific and only issued to establishments that hold a Type 90 ABC License.

2. Add definition for "Type 90 ABC License."
Section 9.10.060 (Fees)

3. Specify that the Class IV Entertainment License shall have the same Fee amount and application process as that of a Class III Entertainment License as set by City Council Resolution.

Section 9.10.090 (Universal entertainment license standards and conditions

4. Add Class IV Entertainment License, and specify that all requirements applicable to Class I, II, and III Entertainment Licenses are applicable to Class IV with the exception of operational hours. Operating hours for a Class IV Entertainment License are 7:00 a.m. through 10:59 p.m., and alcohol sales ceasing at 11:59 p.m.

Section 9.10.125 (Class IV Entertainment Venue Conditions)

5. Add new section implementing operating conditions for Class IV Entertainment Establishments, to include reference to Chapter 17.09 (Alcohol).

Changes to Title 17
Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts)

6. Amend the table to include "Class IV entertainment establishment as a non -permitted use in all commercial zones but allowed in the Downtown Core District of the Old Town Specific Plan and add "Footnote 16" to all land uses that serve or sell alcohol referencing Chapter 17.09 (Alcohol).

Chapter 17.09 (Alcohol)

7. Create new Chapter, 17.09 (Alcohol). This chapter will contain standards, conditions, and operational requirements for establishments that sell or serve alcohol. In addition, this chapter will include additional definitions, staff training, posting requirements that would establish standards specific to the operation of a Class IV entertainment establishment.

Only one Class IV entertainment establishment will be allowed, and it shall be located exclusively within the Downtown Core District in the Old Town Specific Plan. Lastly, the regulations would require that alcohol sales moving forward shall cease at midnight (11:59 p.m.). CUP's issued prior to this Ordinance may operate under their existing CUP hours.

Section 17.10.020 (Supplemental Development Standards
Subsection B (Alcoholic Beverage Sales), and Subsection G (Entertainment Establishments) will be relocated to Chapter 17.09 (Alcohol), and the latter renamed "Entertainment Establishments" as shown in Ordinance.

SUMMARY OF RESOLUTION: The proposed Resolution would amend the Old Town Specific Plan (Amendment No. 11), listed below is a summary of the proposed changes to the Old Town Specific Plan:

9. Amending the land use table to permit (a maximum of one) Class IV entertainment establishment in conjunction with a live entertainment license and a Type 90 ABC license.

10. Creation of a one-year pilot program allowing outdoor live entertainment, specifically within the Downtown Core District within Old Town

11. Miscellaneous typographical corrections and clarifications.

The draft proposal was taken to the Old Town Local Advisory Committee (OTLAC) on April 25th, 2024; the City Council Old Town Steering Subcommittee on May 14th, 2024; and the Planning Commission General Plan Update Subcommittee on May 15th, 2024. These bodies refined the proposal into its current form which was recommended for adoption by the Planning Commission on June 5th, 2024 as detailed in Resolution No. 2024-08 (Ord), and Resolution No. 2024-09 (SPA).

SUMMARY OF RESOLUTION: The proposed Resolution would establish a Class IV Entertainment License Fee.

FISCAL IMPACT: Community Development budgeted sufficient funds for the ordinance development and fee study, which will include administrative costs, and enforcement.

ATTACHMENTS: 1. City Council Ordinance

2. Planning Commission Resolution No. 2024-08

3. City Council Resolution - Old Town Specific Plan Amendment No. 11

4. Exhibit A — Old Town Specific Plan Amendment No. 11

5. Planning Commission Resolution No. 2024-09

6. City Council Resolution - Fee

7. Notice of Public Hearing

8. Notice of Exemption

ORDINANCE NO.2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND
DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2)
AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED

USES COMMERCIAL / OFFICE / INDUSTRIAL

DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT

ESTABLISHMENT AS A NON PERMITTED USE IN ALL

ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC

PLAN AND ADDING A NOTE REFERENCING CHAPTER

17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09
(ALCOHOL) AND RELOCATE ALL ALCOHOL
REQUIREMENTS FROM CHAPTER 17.10
(SUPPLEMENTAL DEVELOPMENT STANDARDS) TO
CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS
FOR ENTERTAINMENT ESTABLISHMENTS, AND 5)

MAKING A FINDING OF EXEMPTION UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that:

A. A new California Department of Alcoholic Beverage Control (ABC) License Type, Type 90 (Entertainment Venue) became effective on January 1, 2024 and inclusion of this new license type would bring increased visibility and patronage to Temecula. As such, the City Council directed staff to establish criteria for allowing these types of establishments in the City.

B. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code.

C. The code amendments are being made to ensure the Temecula Municipal Code provides a clear and concise process for applicants desiring to serve alcohol within the City and strong tools for compliance.

Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that:

A. On June 5, 2024, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.

B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-08 recommending approval of the Ordinance by the City Council.

C. On July 9, 2024, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.

D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City's General Plan.

Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to "Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies "A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." The Type 90 ABC Licenses are unique among ABC licenses and are new to the State. As a result, there is no significant record of impacts arising from Type 90 Licenses nor of measures to mitigate impacts arising from such uses. Therefore, in order to balance the Goal of locating additional civic, public and cultural facilities in and around the Old Town area with the Goal of providing a safe and secure community free from the threat of personal injury and loss of property, the Council is limiting the class IV entertainment establishment licenses to one so as to evaluate the effectiveness of the regulations before expanding the use.

B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan;
The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide "A safe and secure community free from the threat of personal injury and loss of property." N

C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, "Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts." Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.

Section 4. Section 9.10.020 (Definitions) of Chapter 9.10 (Entertainment License) of Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code is hereby amended to amend the definition of "Entertainment Establishment Types" and to add a definition for "Type 90 ABC License" as follows, with all other provisions of Section 9.10.020 remaining unchanged:
"Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into four three different classes, as outlined below:

Entertainment Establishment Types
Class I entertainment establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A class I facility does not serve any alcoholic beverages and does not include any dancing.

Class II entertainment establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A class 11 facility does not include dancing.

Subject to Chapter 17.09 Alcohol
Class III entertainment establishment (nightclub, cocktail lounge, bar, and dance club/hall, pool hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A class III facility also allows for dancing. Restaurants with dancing shall be classified as a class III facility. Subject to Chapter 17.09 (Alcohol

Class IV entertainment establishment means a business with a Type 90 ABC License which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined in Business and Professions Code section 23550. (Subject to Chapter 17.09 (Alcoholk,
"Type 90 ABC License" shall have the same definition as contained in Business and Profession Code section 23550 as may be amended from time to time.

Section 5. Subsection A of Section 9.10.090 (Universal entertainment license standards and conditions) of Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Section 9.10.090 remaining unchanged:

9.10.090. Universal entertainment license standards and conditions.

A. All class I, class II, class III, and class IV entertainment establishments shall operate in accordance with the following standards or conditions:

1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review.

2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active conditional use permit that explicitly allows outdoor entertainment, or by a temporary use permit, or special event permit.

3. Class III and IV Entertainment. Dancing is only permitted at establishments with a Class class III or class IV entertainment license.

4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below:
a. The hours of entertainment for a class IV entertainment establishment are limited to 10:59:59 pm to allow for the sale of alcoholic beverages 1 hour after live performance ends.

Entertainment License
Type
Class I
7:00 a.m. — 44:00 9:59:59 p.m. Daily
Class II
7:00 a.m. — 4000 9:59:59 p.m. Dail
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to February 1, 2022.

Class IV
Entertainment operating hours shall be between 7:00 a.m. — 10:59:59 p.m.

Section 6. Section 9.10.125 (Class IV Entertainment Establishment) is hereby added to Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code to read as follows:
"9.10.125. Class IV Entertainment Establishment.

A. Permit Required.

1. All class IV entertainment establishments shall obtain and hold a class IV entertainment license to lawfully operate as a class IV entertainment establishment.

B. Application selection process.

1. Only one class IV entertainment establishment license shall be issued on a first come, first served basis based on the date the application was received for a use requiring a Type 90 ABC License. Applications must be received by the Community Development Department by no later than August 8, 2024 at 4 p.m., must be accompanied by the appropriate fee, and must meet the following criteria:
1) the business must hold a Type 42 ABC License (public premises, beer & wine no food) the business must have no occupancy violations within the prior twelve (12) months from when the application was submitted, 3) the business shall not have any violations of their ABC license, and 4) have a minimum occupancy of one hundred (100) persons as stated on the Certificate of Occupancy. Any business that does not meet this criterion will not be issued a license.

C. A class IV entertainment establishment shall comply with the regulations set forth in Sections

9.10.090 and 9.10.120. A class IV entertainment establishment shall also comply with the following:

1. ABC Requirements. All class IV entertainment establishments shall operate strictly accordance with the limits of their ABC License and any conditions imposed by ABC in addition to Business and Professions Code sections 23550 and 23552, as the same may be amended from time to time.

2. Location. Establishments seeking a Class IV license shall only be permissible within the Old Town Temecula Specific Plan Area, exclusively within the "Downtown Core" District as shown on Exhibit IV-1: Old Town Regulating Plan located in the Old Town Specific Plan (SP No. 5).

3. Operating Requirements. Standards, conditions and operating requirements for a class IV entertainment license are located in Chapter 17.09 (Alcohol).

Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 of the Temecula Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of the table remaining unchanged:

Table 17.08.030
Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use
NC
CC
�HT
�SC
�PO�BP
LI
A
Alcoholic beverage manufacturing'
-
-
-
C
-
P
P
Alcoholic beverage manufacturing with entertainment'" ° 16 -
-
-
C, <,„
-
C,! ,„
C, <,„
Alcoholic beverage sales16
See Chapter 17.09 (Alcohol)
Automotive service stations selling beer and/or wine—
with or without an automated car wash�l6
-
C}
C}
C}
C}
C}
C}
B
Beer and wine market'
C
C
C
C
-
-
-
Billiard parlor/pool hall'," 1-6
-
046
046
046
-
-
-
Bowling alley' 16
-
P
P
P
-
-
-
Butcher shop 16
P
P
P
P
-
-
-
C
Catering services 16
P
P
-
P
-
P
P
Convenience market4-l6
C
C
C
C
C
-
-
D
Delicatessenl6
P
P
P
P
P
P
P
Discount/department storel6
-
P
-
P
-
-
-
Drug store/pharmacy'6
P
P
P
P
P
-
-
E
Entertainment Establishment (ABC Type 90,1E
-
-
-
-
-
-
-

Table 17.08.030
Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use
NC
CC
�HT
�SC
�PO�BP
LI
G
General merchandise/retail store less than 10,000 sq. ft.16 C
P
P
P
-
-
-
Grocery store, retail}16
-
P
P
P
C
-
-
Grocery store, wholesale}16
-
-
-
P
-
C
P
H
Health food store16
P
P
P
P
C
-
-
Hotels/motels116
-
C
P
-
C
C
-
Liquor stores'
-
-
-
-
-
-
-
Membership clubs, organizations, lodges 116
C
C
C
C
C
C
C
Movie theaters16
-
C
C
-
-
-
-
R
Restaurant, drive-in/fast food16
-
C
C
C
-
-
-
Restaurant (bona fide public eating establishment)
without alcohol'
P
P
P
P
P
P
P
Restaurant (bona fide public eating establishment) with beer & wine sales}1166
P}
P}
P}
P}
P}
P}
P}
Restaurant (bona fide public eating establishment) with beer, wine & distilled spirits}1166
C}
C}
C}
C}
C}
C}
C}
Restaurant (bona fide public eating establishment) with entertainment (not including dancing)"' 16
-
P'
P'
P'
-
P444
P—,
Restaurant (bona fide public eating establishment) with entertainment and/or dancing " i6
-
P'
P,',
P,, ;�,
-
-
-
Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on site -
-
-
-
-
P
P

Table 17.08.030
Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use
NC
CC
HT
SC
PO
BP
LI
and occupying less than 15% of the floor area of the
business)16
S
Specialty market}16
C
P
P
P
C
-
-
T
Tobacco shop13
-
P13
P13
P13
-
-
-
W
Wine tasting shop, with or without product sale for off- C
P
P
P
-
-
site consumption (Department of Alcoholic Beverage
Control Type 02 only)2
Wine tasting shop, with or without product sale for off- C
C
C
C
-
-
site consumption (Department of Alcoholic Beverage
Control License Types other than Type 02)16
Notes:

1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.

2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.

3. See Chapter 5.22 of the Temecula Municipal Code.

4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards.

5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E).

6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council.

7. Marijuana cultivation (as defined in Chapter 8.52) for medical, nonmedical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay

Notes:
zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.

8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21.

9. Subject to the supplemental development standards contained in Chapter 6.04 of this code.

10. These uses are prohibited within any multifamily residential use within these zones.

11. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators).

12. Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed -Use Developments.

13. Subject to the requirements contained in Section 5.24.120 of this code.

13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code Section 65662.

14. Supportive housing shall comply with Section 17.06.110.

15. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally permitted use, see the different residential types in the chart above.

16. Subject to the requirements of Chapter 17.09 (Alcohol). 1 T• Only permitted in the "Downtown Core" District of the Old Town Specific Plan.

Section 8. A new Chapter 17.09 (Alcohol) is hereby added to Title 17 (Zoning) to read as follows:
"Chapter 17.09 Alcohol

17.09.010 Purpose.

The purpose of this chapter is to establish the standards, conditions and requirements for establishments that serve, sell or otherwise provide alcoholic beverages. It is the intent of this chapter to provide predicable and consistent standards and operational requirements for such establishments to ensure compliance and preserve the high quality of life enjoyed by Temecula residents and businesses.

17.09.020 Applicability
The requirements of this chapter shall be applicable to all establishments that serve, sell, or otherwise provide alcohol. This chapter is applicable to all establishments that serve alcohol, regardless of the type of ABC License held by the establishment and include establishments subject to a Specific Plan, or Planned Development Overlay Zoning Districts.

The only exception to these requirements would be any establishment that has previously obtained and maintains in good order a Conditional Use Permit (CUP) that contains any alcohol related conditions that conflict with this Chapter. This exception shall be narrow in scope and when a CUP does not address or minimally addresses a topic covered by this Chapter, this Chapter shall prevail.

17.09.030 Definitions.

The definitions below shall have the following meanings, unless there is conflict with a superseding Federal or State law, in which case the superseding definition shall be used.

A. "ABC" is used as an acronym for the "California Department of Alcoholic Beverage Control," and shall be considered one and the same when used throughout this code and may be used interchange abl .

B. "Alcoholic beverage," as defined in Section 23004 of the Business and Professions Code, includes alcohol, spirits, liquor, wine, beer, and eveKy liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in 23003.1 of the Business and Professions Code.

C. "Alcohol manager," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumption for an ABC on -premises licensee.

This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes.

D. "Alcohol server," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who does any of the following:

1. Checks customer identification for purposes of alcoholic beverage service;

2. Checks customer identification for purposes of entry to an ABC on -premises licensed establishment;

3. Takes customer alcoholic beverage orders;
10 4. Pours alcoholic beverages for customers; or

5. Delivers alcoholic beverages to customers.

E. "Alcohol serving" means one alcohol serving containing 0.60 ounces of pure alcohol (ethanol). For example:

1.50 ounces of 80-12roof distilled spirits (40% ABV - alcohol by volume)

1.50 times 0.40 = .60 ounces of pure alcohol
12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times 0.05 = 0.60 ounces of pure alcohol
5 ounces of most wines (12% ABV - alcohol by volume) 5 times 0.12 = 0.60 ounces of pure alcohol
F. `Banned customer log" means a written record of customers not permitted to enter the business due to the customer's bad behavior (for example, repeated incidents of being obviously intoxicated, assault and/or battery on staff or customers, and theft). The record shall include the incident date, a brief description of the reason for being banned, a description of the customer, length of ban (e.g., 30 days, 60 days,mpermanent.), and the customer's name, if known.

G. "Cocktail recipe list" means a documented compilation of cocktail recipes that includes the quantity of each ingredient and the number of alcohol servings, as defined above, in each cocktail, which determines each cocktail's potency. It includes, at a minimum, the recipes for the following:

1. Popular cocktails;

2. All house specialty cocktails; and

3. Cocktails identified on menu(s).

H. "Cut-off log" means a record of customers who were cut-off from further alcohol service, and patrons not permitted in the business due to existing intoxication level. The record shall include the date of incident, a brief description for cut-off, a description of the customer, and the customer's name. if known.

I. "Drink potency" means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by 0.60, and rounding the answer to the closest loth. For example, an Adios recipe:

0.50 ounces of tequila that is 40% ABV (0.5 - 0.20 pure alcohol times 0.4 = 0.20)

0.50 ounces of vodka that is 40% ABV (0.5 0.20 pure alcohol times 0.4 = 0.20)

0.50 ounces of gin that is 40% ABV (0.5 - 0.20 pure alcohol times 0.4 = 0.20)

0.50 ounces of rum that is 40% ABV (0.5 = 0.20 pure alcohol times 0.4 = 0.20)

0.50 ounces of triple sec that is 15% ABV (0.5 = 0.075 pure times .15 = .075) alcohol
The sum of pure alcohol = 0.875
Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest loth = 1.5
J. "Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (bv advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to:

1. Dancing by patron(s) or staff to live or recorded music.

2. The presentation of music played on sound equipment operated by an agent contractor of the establishment. This ma.. or not include a "disc jockey" or "DJ."

3. The presentation of live music whether amplified or non -amplified.

4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.

5. Anv amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for izift or sale: shows. reviews. and anv other such activity which may be attended by members of the public.

K. "Headcount log" is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter qpp. The headcount tally is maintained during busy hours of operation, e.g 9 00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log.

L. "Inebriation" means the excessive consumption of alcoholic beverages resulting in a person becoming intoxicated.

M. "Inebriated person" means a person who has consumed an excessive amount of alcoholic beverages resultingin n the person becoming intoxicated.

N. "Licensee" means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages.

O. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the 12 following functions is prima facie evidence that a person is a manager of the entertainment establishment:

1. Hire or terminate employees;

2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;

3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;

4. Make or participate in makingpolicydecisions regarding operations of the establishment;

5. Holds keys to open and/or close the establishment.

P. "Manager on duty" means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of "manager" as defined in this chapter.

In addition, the person must be:

1. An employ

2. Certified in accordance with the responsible beverage service (RBS)training requirements in California Business and Professions Code Section 25683; and

3. Aware of all requirements in the Conditional Use Permit (CUP), Business License, ABC License, and all other permits or licenses required for the establishment to operate.

Q. "Meals," as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course. including sandwiches and salads that are substantial. A meal is not pre -packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees, or desserts.

R. "Morphing" means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non - permitted entertainment or dancing or extending hours of operation beyond the hours approved by the city.

S. "Noise" means any loud, discordant, raucous or disagreeable sound.

T. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA.

U. "On -Sale" and "On Site Sale of Alcoholic Beverages" shall mean anv establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeably throughout this chapter.

V. "Tvne 90 ABC License" shall have the same definition as contained in Business and Professions Code section 23550 as may be amended from time to time. 13 W. "Speakeasy" shall mean a private establishment that provides meal service with alcoholic beverage sales for onsite consumption on a reservation basis only and is not considered a private or VIP room.

17.09.040 Permit(s) Required.

A. California Department of Alcoholic Beverage Control

1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcoholic Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license, and the ABC approved site plan upon request of law enforcement or the city or, upon the request of the applicant after pre -compliance review.

2. There is no exception to this requirement and businesses that operate in violation of this provision shall be subject to administrative and/or punitive action provided for in this Code.

B. Alcohol Sales Permitted by Right

1. Grocery stores. druiz stores. specialty markets. and discount/department stores ("primar uses", may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use requires a city of Temecula conditional use permit pursuant to another provision of this Title.

2. Restaurants are permitted to serve beer and wine (Typically ype 41 ABC license)as a matter of right.
a. Restaurants shall comply with the following_
i. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes.
ii. Restaurants that wish to offer or provide any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10.

C. Land Use Requirements.

1. A Conditional Use Permit (CUP) shall be required for all other ABC License Types except of a Type 41 and Type 90 ABC license.

2. See Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts for zoning information.

3. See Table 17.080.040A and/or 17.08.040B for Development Standards applicable to each zoning district.

4. Areas subject to Specific Plans or similar zoning documents shall comply with those land use requirements. The operational requirements and conditions of this Chapter are in addition to any such requirements of another zoning document. 14 D. Hours.

1. Alcohol sales shall cease each day at 11:59:59 p.m., except for class IV entertainment establishments where alcohol sales must cease at 10:59:59 p.m. a. Establishments that have a valid conditional use permit which allows alcoholic beverage sales beyond this time are exempt from this requirement. Expansion of such uses or similar is prohibited.
b. No conditional use permit shall be issued with alcohol sales beyond this time. c. Conditional use permits that allow sales past 11:59:59 p.m. shall be required to amend their operational hours to the requirements of this section if they seek to modify their conditional use permit.
d. Establishments shall close at 11:59:59 p.m. Employees may continue closing operations past this hour as required but no customers shall enter or remain on the premises past 11:59:59 p.m.
e. Class IV entertainment establishments shall have last call at 10:29:59 D.M.

17.09.050 Training Required
A. All persons who serve alcohol within the City of Temecula shall comply with the following_

1. Responsible Beverage Service Training Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683.

2. Verification of Responsible Beverage Service (RBS)Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. The licensee shall maintain records of certifications for inspection, upon request, by the Department of Alcoholic Beverage Control.

3. Bartender Training and Cocktail Recipe List.
a. Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List. b. The establishment shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer.
c. The establishment shall retain a record of each bartender's Cocktail Recipe List training for a minimum of three years and said list shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender's ability to identify ingredients, price, and number of alcohol servings.
d. Opening staff are required to be trained before final approval to open. New staff hired thereafter must be trained within 30 days of employment date (defined as when the employ. esigns a contract or completes tax identification documents).

4. Any additional training requirements of the California Department of Alcoholic Beverage Control (ABC).
15 17.09.060 Alcoholic Beverage Sales Operational Standards.

A. Standards and Operational Requirements Generally

1. All establishments that sell alcohol, regardless of ABC Permit Type, shall comply with the following requirements and operational standards:
a. Statement of Operations. The establishment shall comply with their Statement of Operations, on file with the Planning Division, unless a conflict exists between the Statement of Operations.
b. Previous Conditions of Approval. If an establishment has a valid Conditional Use Permit, all previous Conditions of Approval shall remain in full effect. c. Disorderly House. Establishments may_not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot.
d. Entertainment. Entertainment is prohibited unless the establishment is issued and maintains an Entertainment License per Chapter 9.10 (Entertainment License) of this Code. The Entertainment License shall remain active, and the establishment shall maintain full compliance with its Entertainment License conditions, and any other conditions required by any government agency whose permits or licenses are required for operation.
e. Occupancy Load. The establishment shall not allow the number of occupants inside the premises building to exceed the establishment's maximum occupant load as determined by the Certificate of Occupancy_
f. Inspections, Cooperation with Law Enforcement. Police officers, sheriffs deputies and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises.

Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer.
g. ID Guide Manual. To aid in examining identification cards, the establishment shall obtain and use an up -to- date multi -state identification manual. h. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated.
i. Right to Cancel Event. The Temecula Police Department shall have the right to stop, cancel, or temporarily delay all of any activities occurringat t any event when police or public safety becomes a significant concern. This shall include all events even those that obtained a Temporary Use Permit (TUP)per Section 17.04.020 of this Code.

Eri

j. Responsibility for Costs Incurred. The establishment shall be responsible for any cost incurred by the Temecula Police Department if additional officers are required because of traffic problems or congestions, public disturbance or where the need for police presence is required.
k. Maintenance of Real Property. The establishment shall permanently maintain the premises' real property in an orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises.

1. Graffiti. Graffiti on telecommunication towers, equipment, walls, or other structures shall be removed within 72 hours from the time of its occurrence. m. Signage Permits. A separate building permit shall be required for all signage Signs shall comply with Chapter 17.28 (Sign Standards) of this code for the 402ropriate zoning district.
n. Advertising. The establishment shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.
o. Inspections. ABC agents and Riverside Sherriff's Office (RSO) shall be granted access to inspect the premises to include all office, storage, and any other areas not open to patrons.
p. Ancillary use. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments, the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit.

B. Standards for establishments that offer the sale alcohol for on -site consumption. reizardless of ABC license type.

1. Police, Security, Management Staff Meeting. Before opening, it is the responsibility of the establishment to contact the Police to arrange and hold a 90-minute meeting attended by all floor management levels, including bar, server, and security department leads.

2. Food and Beverage Sales Documentation. The city shall have the right during business hours upon 15 days' notice to inspect the books and records of the establishment to determine the gross sales of food and or the gross sales of alcoholic beverages.

Establishment gives the right to the city to review the records of the State Board of equalization for the purpose of verifying the establishment's books and records with the understanding that these reviews are confidential.

3. Postings Required. The following physicalpostings must be located in a conspicuous place, as follows:
a. Manager on Duty Posting During business hours, the establishment shall post the name of the staff member who is responsible for the business during that shift. The posting must be legible and visible to the public when entering the business. The responsible person must be:
i. An employ
17 ii. Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683. iii. Aware of all requirements in the conditional use permit, certificate of occupancy entertainment license (as applicable), and ABC license. b. ABC License. The establishment shall display an approved ABC license, the associated conditions, and the approved site plan and provide a copy immediately upon request to city staff or law enforcement.

C. Occupancy Posting. The establishment's maximum occupant load number shall be posted over the main exit. Additionally, occLapancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy. load. d. Conditions of Approval Posting. The establishment shall post any approved City of Temecula Conditions of Approval in a place readily visible and available for reading by the business' staff members.
e. Overservice Posting at Main Entrance and Main Bar. The establishment of each licensed business shall maintain a clearly legible permanent sign, not less than 7" x 11" in size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in he�ht.
f. Overservice Posting on Menu. The establishment of each on -sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated." g. Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the establishment shall. at all times. disnlav a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: "Please respect our neighbors by exiting quietly and not loitering."
h. Local Transportation Providers Posting. An 8.5" x 11" (or larger) sign local ocal
transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090.

4. Outside Lighting. The establishment shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one -foot candle of lightingthroughout hroughout private parking lots and access areas serving the business. The establishment shall provide sufficient lighting during the hours of darkness to ensure customers have a clear, lighted _ path from the establishment to their vehicles. Said lighting shall be directed, positioned, and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant.

5. QueuingLine. ine. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entrv. The establishment shall be 18 responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses.

6. Private Club Rooms or Areas. No on -sale establishment shall maintain a room or designated area reserved for the exclusive use of designated persons or "private club members," unless the establishment has been issued a Duplicate On -Sale General License for Designated Persons under Business and Professions Code Section 24042(12). "Designated persons" means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beveragesprivate club members" at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On -Sale General (Type 57) ABC license.

7. Availability of Alcohol Service. ABC -licensed businesses open past 10:00 p.m. (Pacific Standard Time) shall adhere to the followin&
a. An hour before closing:
i. Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure ethanol) or less; and
ii. Limit the patron to one alcoholic drink per order.
b. Thirty(30 minutes) before closing, new alcohol service shall cease. i. Last call shall be made early enough to ensure service ceases prior to closing.

8. Discount Alcohol Pricing. No "happy hour" type of reduced pricing for alcoholic beverage shall be allowed after 8:00 p.m.

9. Logs.
a. Cut -Off Loa. The establishment shall maintain a log of cut-off customers. as defined above. The establishment shall use the cut-off log during all hours of operation. The establishment shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request.
b. Banned Customer Log. The establishment shall maintain a log of any banned customer, as defined above. The establishment shall provide the banned customer lo€ to law enforcement and/or code enforcement, immediately upon request.

10. Businesses selling alcoholic beverages that require a conditional use permit shall not be located within six hundred (600) feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol -selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments.

C. Specific Alcohol Regulations based on Land Use
The land uses below may have specific impacts related to alcohol based on their proposed land uses. all items below shall be annlicable to all land uses of the same or similar land use as determined by the Director of Community Development.

1. Establishments that provide entertainment subject to a class IV entertainment license per Chapter 9.10 (Entertainment License) shall be subject to the following conditions of approval upon issuance of such a license.
a. Entertainment License. Each establishment shall be required to comply with the live entertainment license provisions contained within Chapter 9.10 (Entertainment License) in this Code.
i. This is an annual permit required for the operation of any establishment that provides entertainment, per Chapter 9.10 (Entertainment License). ii. Violations of these provisions may result in the revocation of the Entertainment License per Section 9.10.160 (Revocation/Suspension for Violation). b. Noise. All entertainment provided shall be complaint with Chapter 9.20 (Noise). c. Security. All private security shall be compliant with Chapter 9.11 Regulation of Security Operators), in addition to the requirements of this Chapter. d. Security.
i. Security Surveillance Svstem. The establishment shall:
(a) Install and maintain a closed-circuit television (CCTV) system consisting of hijzh- definition video technology, of saving recorded video for at least 30 days and saving a copy to a disc or flash drive. (b) Post a notice that video recording is in progress.
(c) Document the needed steps to retrieve recorded information. (d) Ensure on site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive.
(e) Permit review of the recording by law enforcement immediately Mon request. (f) Save an unedited or modified copy of any requested video and provide it immediately to law enforcement upon request.
(g) Require all staff -customer disagreements, as feasible, to occur in a well -lit location being videotaped.
ii. Security Personnel.
(a) All security guards shall operate in accordance with Chapter 9.11 (Regulation . of Private SecurityOperators).
(b) Security Personnel Outside. As applicable, security personnel working outside shall wear a uniform in accordance with Temecula Municipal Code Section

9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assemblX and movement of persons and vehicles, and to prevent disturbances to surroundiniz uses and the neiLyhborhood by excessive noise created by patrons entering or leaving the premises.
iii. Private Security. If private security is utilized, the establishment shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed.
iv. These items are in addition to all conditions of approval and all other requirements of this code or any other applicable state or federal law. 20 2. Restaurant (Bona Fide Eating Establishment). Establishments selling beer and wine (ABC license Type 41), or beer, wine, and spirits (ABC license Type 47 or 48) must operate and maintain their licensed premises as a bona fide eating establishment and are subject to the following requirements:
a. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use.
b. Establishment is presumed to be operating as a bona fide eating establishment if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. Establishment shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the Cit.. designee, upon demand.
c. A full menu shall be available for order during all hours that alcohol is served. The premises must offer sit-down service of meals.
d. The premises where the establishment operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices.
e. The premises must comply with all regulations of the health department and Business and Professions Code Sections 23038 and 23787.
f. Restaurants shall operate with the following conditions:
i. Morphing. No establishment shall allow their establishment to engage in the practice of morphing as defined by this Chapter.
ii. Availability of Meal Service. Meals shall be available up to a minimum of thirty (30) minutes before closing. ABC -licensed businesses Type 41, 47, and 49 shall operate as a bona fide eating place in compliance with California Business and Professions Code Sections 23038 and 23787.

3. Legal Nonconforming Liquor Stores.
a. Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming uses.

4. Convenience Markets and Beer/Wine Markets.
a. Only beer and wine may be sold, and only for off -site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from being sold, old, gifted or consumed on -site. b. No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers.
c. A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine.
21 d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section 17.04.010 of this title.

5. Gas Stations — Concurrent Sale of Motor Vehicle Fuel(s) and Alcoholic Beverages a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code.
b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel:
i. No beer or wine shall be displayed within five feet of the cash register or building entrance.
ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit.
iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage.
vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage
vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twentyyears of age may sell alcoholic beverages.
viii. Distilled spirits and pre -mixed spirit cocktails are prohibited.

6. Alcoholic Beverage Manufacturing
a. Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control)in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations.
b. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they located.
c. All businesses manufacturing alcoholic beverages shall obtain a business license with the city as set forth in Title 5 of the Temecula Municipal Code. d. Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs 22 (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula police department. e. An eight and one -half -inch by eleven -inch (or larger) sign listing local transportation service providers and correspondingphone numbers shall be posted at a conspicuous location within the building,
f. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit. g. On -site alcohol sales shall be limited to product manufactured on -site. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where alcoholic beverage manufacturing functions occur.
j. In addition to the retail area (tasting room), oom), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area. k. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements.

1. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point." m. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district.
n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail.
o. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building.
p. There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporarypermit.
q. The number of persons shall not exceed the maximum occupancy load as determined by the Certificate of Occupancy Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. r. The real property Lipon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence.
s. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the 23 alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code. t. A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security_plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises.

7. Finding of Public Convenience or Necessity_
a. Whether or not the proposed use is consistent with the general and development code;
b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses;
c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity_

8. Class IV entertainment establishments (ABC Type 90).

It is the intent and nuroose of this section to allow a limited number of entertainment establishments within a limited area of the City though an annual administrative entertainment and business license.
a. Number of Entertainment Establishments.
i. The maximum number of entertainment establishments is one. This establishment shall be permitted by right within the Downtown Core District of the Old Town Specific Plan, as shown in Exhibit IV-1: Old Town Re ug lating Plan, provided the requirements of Section 9.10.125 and this Section are met. No such establishments may operate elsewhere in the City_
b. A City of Temecula business license is required in accordance with Title 5 (Business Licenses and Regulations)
i. This is an annual, non -transferable license required for the operation of an entertainment establishment, per Section 5.04.170 of this Code. c. A City of Temecula Live Entertainment License (Class IV)is required in accordance with Chapter 9.10 (Entertainment License). This license shall be applied for in conjunction with a business license specified above.
d. Operational Requirements.
i. Compliance with the requirements of Chapter 9.10 (Entertainment License is mandatory. Pursuant to Section 9.10.090(a)(4), entertainment shall cease at 1 0-59-59_
ii. Compliance with the standards specified in Chapter 17.09 (Alcohol) are mandatory, except as otherwise required by State law. Alcohol service shall cease at 11:59:59.
iii. Noise levels shall not exceed the standards set forth in the noise element of the General Plan or the standards set forth in Section 9.20.040 of this code. 24 iv. The Director of Communitv Development shall be notified in writinLy within ten 00) business days of a business sale or transfer of such any business subject to this section.
v. The City may apply additional requirements or limitations depending on the location, surrounding uses and other considerations.
vi. Alcohol Sales Identification. All Persons twenty-one (21) years of age or older shall be provided a free wristband, such persons are required to wear said wristband for the duration of time on the premises. At a minimum the wristband shall:
(a) Clearly state the time and date of the event;
(b) Be tamper resistant;
(c) Be highly visible or reflective;
(d) be a differing color for each consecutive show, with a minimum of seven different colors;
(e) Persons under twenty-one 21) years of age identified wearing a wristband in violation of this chapter shall be removed from the premises; and (f) This section does not eliminate or in any other way modify the requirements of an establishment to verify the age of patrons ordering alcohol. e. Permit Issuance, Denial, and Revocation. Permit issuance, denial and revocation shall be as specified in Chapter 9.10 (Entertainment License) f. Appeal.
i. Appeal procedures shall be as specified in Chapter 9.10 (Entertainment License).

Section 9. Subsection B (Alcoholic Beverage Sales) of Section 17.10 (Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) is hereby deleted, with the remaining of Section 17.10.020 being consecutively renumbered.

Section 10. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses and reorganize alcohol standards within the code. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines.

Section 11. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. 25 Section 12. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

Section 13. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
ATTEST:

Randi Johl, City Clerk
[SEAL]
James Stewart, Mayor
26 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of July, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
27 PC RESOLUTION NO.2024-08

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF TEMECULA RECOMMENDING THAT

THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLES 9
AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1)

IMPLEMENT AND DEFINE A CLASS IV
ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030
(SCHEDULE OF PERMITTED USES

COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS) TO

INCLUDE CLASS IV ENTERTAINMENT

ESTABLISHMENT AS A NON PERMITTED USE IN ALL

ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC
PLAN AND ADD NOTE REFERENCING CHAPTER 17.09
(ALCOHOL), 3) CREATE A NEW CHAPTER 17.09
(ALCOHOL) AND RELOCATE ALL ALCOHOL
REQUIREMENTS FROM CHAPTER 17.10
(SUPPLEMENTAL DEVELOPMENT STANDARDS) TO
CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS
FOR ENTERTAINMENT ESTABLISHMENTS, AND 5)

MAKING A FINDING OF EXEMPTION UNDER CEQA
GUIDELINES SECTION 15061(B)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

A. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments conditions and requirements to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. In addition, a new ABC Type 90 license became effective on January 1, 2024.

The City Council directed staff to amend the Municipal Code to address this new license type.

B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code on June 5, 2024, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.

C. The proposed amendments to Titles 9 and 17 are consistent with the City of Temecula General Plan, and each element thereof.

D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A".

E. All legal preconditions to the adoption of this Resolution have occurred.

Section 2. Further Findings. In recommending adoption of the proposed Ordinance, the Planning Commission of the City of Temecula does hereby make the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City's General Plan.

2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide "A safe and secure community free from the threat of personal injury and loss of property."

3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.

Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR23-0429, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of June 2024.
r
Bob Hagel, Chair
ATTEST:

Matt Peters
Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2024-08 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of June, 2024, by the following vote:

AYES:
4 PLANNING COMMISSIONERS:

Hagel, Ruiz, Solis, Turley-Trejo
NOES:
0 PLANNING COMMISSIONERS:

None
ABSTAIN:
0 PLANNING COMMISSIONERS:

None
ABSENT: 1 PLANNING COMMISSIONERS: Watts
R'ft�k
Matt Peters
Secretary

ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND
DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2)
AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED

USES COMMERCIAL/OFFICEANDUSTRIAL DISTRICTS)

TO INCLUDE CLASS IV ENTERTAINMENT

ESTABLISHMENT AS A NON PERMITTED USE IN ALL

ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC

PLAN AND ADDING A NOTE REFERENCING CHAPTER

MAKING A FINDING OF EXEMPTION UNDER CEQA
GUIDELINES SECTION 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that:

Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that:

D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, "Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts." Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.

Subject to Chapter 17.09 (Alcohol .
"Type 90 ABC License" shall have the same definition as contained in Business and Profession Code section 23550 as may be amended from time to time.

9.10.090. Universal entertainment license standards and conditions.

A. All class I, class Il, and class II1, and class IV entertainment establishments shall operate in accordance with the following standards or conditions:

3. Class III and IV Entertainment. Dancing is only permitted at establishments with a Qa% class III or class IV entertainment license.

Entertainment License
Type
Class I
7:00 a.m. — 4.(W 9:5959 p.m. Dail
Class II
7:00 a.m. — 44:00 9:59:59 p.m. Dail
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to Febru4a 1, 2022.

Class IV
Entertainment operating hours shall be between 7:00 a.m. — 10:59:59 .m.
-4-

A. Permit Required.

1. All class IV entertainment establishments shall obtain and hold a class IV entertainment license to lawfully operate as a class IV entertainment establishment.

B. Application selection process.

1. Only one class IV entertainment establishment license shall be issued on a first come, first served basis based on the date the application was received for a use requiring a Type 90 ABC License. Applications must be received by the Community Development Department by no later than August 8 2024 at 4 p.m. must be accompanied by the appropriate fee, and must meet the following criteria:
1) the business must hold a Type 42 ABC License (public premises beer & wine no food), 2) the business must have no occupancy violations within the prior twelve (12) months from when the application was submitted, 3) the business shall not have any violations of their ABC license. Any business that does not meet this criteria will not be issued a license.

C. A class IV entertainment establishment shall comply with the regulations set forth in Sections

9.10.090 and 9.10.120. A class IV entertainment establishment shall also comply with the following:

1. ABC Requirements. All class IV entertainment establishments shall operate strictly in accordance with the limits of their ABC License and any conditions imposed by ABC in addition to Business and Professions Code sections 23550 and 23552, as the same may be amended from time to time.

3. Operating Requirements. Standards, conditions and operating requirements for a class IV entertainment license are located in Chapter 17.09 (Alcohol).

Section 7. Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 of the Temecula Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of the table remaining unchanged:
-5-

Table 17.08.030
Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use
NC
I CC 1 HT
ISC
JPOJBP
LI
A
Alcoholic beverage manufacturingll6
-
-
-
C
-
P
P
Alcoholic beverage manufacturing with entertainment}11• 16 -
-
-
C4.0-.4
C*�4
C4, ti
Alcoholic beverage salesl6
See Chapter 17.09 (Alcohol)
Automotive service stations selling beer and/or wine—
with or without an automated car wash�16
C}
C}
C}
C}
C
C}
B
Beer and wine market4-16
C
C
C
C
-
-
-
Billiard parlor/pool hall',"-L
0,11
C
Cam-
-
-
Bowling alley' 16
-
P
P
P
-
-
-
Butcher shopl6
P
P
P
P
-
-
-
C
Catering services16
P
P
P
-
P
P
Convenience market116
C
C
C
C
C
-
-
D
Delicatessen'
P
P
P
P
P
P
P
Discount/department storel6
-
P
-
P
-
-
-
Drug store/pharmacyl6 —
P
P
P
P
P
-
-
E
Entertainment Establishment (ABC Type 906,17
-
-
-
tS

Table 17.08.030
Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use
NC
CC
HT
SC
PO
BP
LI
G
General merchandise/retail store less than 10,000 sq. ft.16 C
P
P
P
-
Grocery store, retail"'
-
P
P
P
C
Grocery store, wholesale'16
P
-
C
P
H
Health food store16
P
P
P
P
C
-
Hotels/motels16
-
C
P
-
C
C
Liquor stores}'-6
-
-
-
M
Membership clubs, organizations, lodgesi6
C
C
C
C
C
C
C
Movie theaters16
-
C
C
-
-
-
-
R
Restaurant, drive-in/fast food16
-
C
C
C
-
-
Restaurant (bona fide public eating establishment)
without alcohol16
P
P
P
P
P
P
P
Restaurant (bona fide public eating establishment) with beer & wine sales116
Pk
P}
P}
P}
1,4
P}
P}
Restaurant (bona fide public eating establishment) with beer, wine & distilled spirits}16
C}
Ck
C}
C}
C}
C}
C}
Restaurant (bona fide public eating establishment) with entertainment (not including dancing)"' 6
-
P
P
P
-
P
44 P1
Restaurant (bona fide public eating establishment) with entertainment and/or dancing"' 16
P"
P
P1-
Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on site -
-
-
-
-
P
P
-7-

Table 17.08.030
Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use
NC
CC
HT
SC
PO
BP
LI
and occupying less than 15% of the floor area of the
business}
S
Specialty market--
C
P
P
P
IC
I-
T
Tobacco shop13
W
Wine tasting shop, with or without product sale for off- C
P
P
P
-
-
-
site consumption (Department of Alcoholic Beverage
Control Type 02 onlyp
Wine tasting shop, with or without product sale for off- C
C
C
C
-
-
-
site consumption (Department of Alcoholic Beverage
Control License Types other than Type 02P
Notes:

1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.

2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.

3. See Chapter 5.22 of the Temecula Municipal Code.

5. New office buildings in the BP and Ll zones are subject to performance standards contained in Section 17.08.070(E).

6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council.

Notes:
zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.

9. Subject to the supplemental development standards contained in Chapter 6.04 of this code.

10. These uses are prohibited within any multifamily residential use within these zones.

11. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators).

13. Subject to the requirements contained in Section 5.24.120 of this code.

13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code Section 65662.

14. Supportive housing shall comply with Section 17.06.110.

16. Subject to the requirements of Chapter 17.09 (Alcohol). 1I Only permitted in the "Downtown Core" District of the Old Town Specific Plan.

Section. 8. A new Chapter 17.09 (Alcohol) is hereby added to Title 17 (Zoning) to read as follows:
"Chapter 17.09 Alcohol

17.09.010 Purpose.

The purpose of this chapter is to establish the standards, conditions and requirements for establishments that serve, sell or otherwise provide alcoholic beverages. It is the intent of this W

chapter to provide predicable and consistent standards and operational requirements for such establishments to ensure compliance and preserve the high quality of life enjoyed by Temecula residents and businesses.

17.09.030 Definitions.

The definitions below shall have the following meanings, unless there is conflict with a superseding Federal or State law, in which case the superseding definition shall be used.

A. "ABC" is used as an acronym for the "California Department of Alcoholic Beverage Control," and shall be considered one and the same when used throughout this code and may be used interchangeably.

B. "Alcoholic beverage," as defined in Section 23004 of the Business and Professions Code, includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits wine or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in Section 23003.1 of the Business and Professions Code.

This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes.

D. "Alcohol server," as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who does an of f the following:

1. Checks customer identification forpurposes of alcoholic beverage service;

2. Checks customer identification for purposes of entry to an ABC on -premises licensed establishment;

3. Takes customer alcoholic beverage orders;

4. Pours alcoholic beverages for customers; or

5. Delivers alcoholic beverages to customers.
-10-

E. "Alcohol serving" means one alcohol serving containing 0.60 ounces of pure alcohol (ethanol). For example:

1.50 ounces of 80-proof distilled spirits (40% ABV - alcohol by volume

1.50 times 0.40 = .60 ounces of pure alcohol
12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times 0.05 = 0.60 ounces of pure alcohol
5 ounces of most wines (12% ABV - alcohol by volume) 5 times 0.12 = 0.60 ounces of pure alcohol
F. "Banned customer log" means a written record of customers not permitted to enter the business due to the customer's bad behavior (for example, repeated incidents of being obviously intoxicated, assault and/or battery on staff or customers, and theft). The record shall include the incident date, a brief description of the reason for being banned, a description of the customer, length of ban (e.g., 30 days, 60 days, permanent), and the customer's name, if known.

1. Popular cocktails;

2. All house specialty cocktails; and

3. Cocktails identified on menu(s).

0.50 ounces of teuuila that is 40% ABV (0.5
times 0.4 = 0.20)

0.50 ounces of vodka that is 40% ABV (0.5
times 0.4 = 0.20)

0.50 ounces of gin that is 40% ABV (0.5
times 0.4 = 0.20)

0.50 ounces of rum that is 40% ABV (0.5
times 0.4 = 0.20)

0.50 ounces of triple sec that is 15% ABV (0.5
times .15 = .075)

0.20 pure alcohol

0.075 pure
alcohol
-11-

The sum of pure alcohol = 0.875
Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest 1 Oth — 1.5)
"Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen or participate in or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to:

1. Dancing by patron(s) or staff to live or recorded music.

2. The presentation of music played on sound equipment operated by an agent nt or contractor of the establishment. This mLay or may not include a "disc jockey" or "DJ."

3. The presentation of live music whether amplified or non -amplified.

4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.

Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public.

K. "Headcount log" is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of operation, e.g., 9:00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log.

L. "Inebriation" means the excessive consumption of alcoholic beverages resulting in a person becoming, intoxicated.

M. "Inebriated person" means aperson who has consumed an excessive amount of alcoholic beverages resulting,in the person becoming intoxicated.

N. "Licensee" means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages.

O. "Manager" means a person, regardless of the iob title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authorityto o engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment:

1. Hire or terminate employees;
-12-

2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;

3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;

4. Make or participate in making policy decisions regarding operations of the establishment;

5. Holds keyspen and/or close the establishment.

P. "Manager on duty" means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of "manager" as defined in this chapter.

In addition, the person must be:

1. An employee,

2. Certified in accordance with the responsible beverage service (RBS) training requirements in California Business and Professions Code Section 25683; and

3. Aware of all requirements in the Conditional Use Permit (CUP), Business License, ABC License, and all other permits or licenses required for the establishment to operate.

Q. "Meals," as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course, including sandwiches and salads that are substantial. A meal is not pre -packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees or dcsserts.

S. "Noise" means any loud, discordant, raucous or disagreeable sound.

T. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA.

U. "On -Sale" and "On Site Sale of Alcoholic Beverages" shall mean any establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeablythroughout hroughout this chapter.

V. "Type 90 ABC License" shall have the same definition as contained in Business and Professions Code section 23550 as may be amended from time to time. -13-

W. "Speakeasy" shall mean a private establishment that provides meal service with alcoholic beverage sales for onsite consumption on a reservation basis only and is not considered a private or VIP room.

17.09.040 Permit(s) Required.

A. California Department of Alcoholic Beverage Control

2. There is no exception to this requirement and businesses that operate in violation of this provision shall be subject to administrative and/or punitive action provided for in this Code.

B. Alcohol Sales Permitted by Right

1. Grocery stores, drug stores, specialty markets, and discount/deoartment stores ("nrim uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use requires a city of Temecula conditional use permit pursuant to another provision of this Title.

2. Restaurants are permitted to serve beer and wine (Typically a Type 41 ABC license) as a matter of right.
a. Restaurants shall comply with the following_
i. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes.
ii. Restaurants that wish to offer or provide any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10.

C. Land Use Requirements.

1. A Conditional Use Permit (CUP) shall be required for all other ABC License Types except of a Type 41 and Type 90 ABC license.

2. See Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts for zoning information.

3. See Table 17.080.040A and/or 17.08.04013 for Development Standards applicable to each zoning district.

D. Hours.
-14-

1. Alcohol sales shall cease each day at 11:59:59 p.m., except for class IV entertainment establishments where alcohol sales must cease at 10:59:59 p.m. a. Establishments that have a valid conditional use permit which allows alcoholic beverage sales beyond this time are exempt from this requirement. Expansion of such uses or similar is prohibited.
b. No conditional use permit shall be issued with alcohol sales beyond this time. c. Conditional use permits that allow sales past 11:59:59 p.m. shall be required to amend their operational hours to the requirements of this section if they seek to modify their conditional use permit.
d. Establishments shall close at 11:59:59 p.m. Employees may continue elggu operations past this hour as required but no customers shall enter or remain on the premises past 11:59:59 p.m.
e. Class IV entertainment establishments shall have last call at 10:29:59 p.m.

17.09.050 Training Required
A. All persons who serve alcohol within the City of Temecula shall comply with the following_

1. Responsible Beverage Service Training. Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683.

2. Verification of Responsiblc Beverage Service (RBS) Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. The licensee shall maintain records of ecrtifications for inspection, upon request, by the Department of Alcoholic Beverage Control,

3. Bartender Training and Cocktail Recipe List.
a. Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List. b. The establishment shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer.
c. The establishment shall retain a record of each bartender's Cocktail Recipe List training for a minimum of three years and said list shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender's ability to identify ingredients, price, and number of alcohol servings.
d. Openingstaff taff are required to be trained before final approval to open. New staff hired thereafter must be trained within 30 days of employment date (defined as when the employee signs a contract or completes tax identification documents).

4. Any additional training requirements of the California Department of Alcoholic Beverage Control ABC).

17.09.060 Alcoholic Beverage Sales Operational Standards.

A. Standards and Operational Requirements Generally
-15-

1. All establishments that sell alcohol, regardless of ABC Permit Type, shall comply with the following requirements and operational standards:
a. Statement of Operations. The establishment shall comply with their Statement of Operations, on file with the Planning Division, unless a conflict exists between the Statement of Operations.
b. Previous Conditions of Approval. If an establishment has a valid Conditional Use Permit, all previous Conditions of Approval shall remain in full effect. c. Disorderly House. Establishments may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot.
d. Entertainment. Entertainment is prohibited unless the establishment is issued and maintains an Entertainment License per Chapter 9.10 (Entertainment License) of this Code. The Entertainment License shall remain active and the establishment shall maintain full compliance with its Entertainment License conditions, and any other conditions required by any government agency whose permits or licenses are required for operation.
e. Occupancy Load. The establishment shall not allow the number of occupants inside the premises building to exceed the establishment's maximum occupant load as determined by the Certificate of Occupancy.
f. Inspections, Cooperation with Law Enforcement. Police officers, sheriffs deputies and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises.

Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer.
g. ID Guide Manual. To aid in examining identification cards, the establishment shall obtain and use an up -to- date multi -state identification manual. h. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated.
i. Right to Cancel Event. The Temecula Police Department shall have the right to stop, cancel or temporarily delay all or portions of any activities occurringat t any event when police or public safes becomes a significant concern. This shall include all events even those that obtained a Temporary Use Permit (TUP) per Section 17.04.020 of this Code.
j. Responsibility for Costs Incurred. The establishment shall be responsible for any cost incurred by the Temecula Police Department if additional officers are required -16-

because of traffic problems or congestions, public disturbance or where the need for police presence is required.
k. Maintenance of Real Property. The establishment shall permanently maintain the premises' real property in an'orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises.

1. Graffiti. Graffiti on telecommunication towers, equipment, walls, or other structures shall be removed within 72 hours from the time of its occurrence. m. Sig_nage Permits. A separate building permit shall be required for all signage. Signs shall comply with Chapter 17.28 (Sign Standards) of this code for the appropriate zoning district.
n. Advertising. The establishment shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.
o. Inspections. ABC agents and Riverside Sherriff's Office (RSO) shall be granted access to inspect the premises to include all office, storage, and any other areas not open to patrons.
p. Ancillary use. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments, the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit.

B. Standards for establishments that offer the sale alcohol for on -site consumption, reeardless of ABC license type.

1. Police, Security Management Staff Meeting. Before opening, it is the responsibility of the establishment to contact the Police to arrange and hold a 90-minute meeting attended by all floor management levels, including bar, server, and security department leads.

3. Postings Required. The following physical postings must be located in a conspicuous place, as follows:
a. Manager on Duty Posting. During business hours, the establishment shall post the name of the staff member who is responsible for the business during that shift. The Posting must be legible and visible to the public when entering the business. The responsible person must be:
i. An employ
ii. Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683. -17-

iii. Aware of all requirements in the conditional use permit, certificate of occupancy entertainment license (as applicable), and ABC license. b. ABC License. The establishment shall display an approved ABC license, the associated conditions, and the approved site plan and provide a copy immediately upon request to city staff or law enforcement.
c. Occupancy Posting. The establishment's maximum occupant load number shall be posted over the main exit. Additionally, occupancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy load. d. Conditions of Approval Posting. The establishment shall post any approved City of Temecula Conditions of Approval in a place readily visible and available for reading by the business' staff members.
e. Overservice Posting at Main Entrance and Main Bar. The establishment of each licensed business shall maintain a clearlLle legible permanent sign, not less than 7" x I l" in size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in height.
f. Overservice Posting on Menu. The establishment of each on -sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated." g. Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the establishment shall, at all times, display a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: "Please reject our neighbors by exiting quietly and not loitering..'
h. Local Transportation Providers Posting. An 8.5" x I I" (or larger) si ng listing, local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951)676-5090.

4. Outside Lighting. The establishment shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one -foot candle of lighting throughout private parking lots and access areas serving the business. The establishment shall provide sufficient lighting the hours of darkness to ensure customers have a clear, lighted path from the establishment to their vehicles. Said lighting shall be directed, positioned, and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant.

5. Queuing Line. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entry. The establishment shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses. -18-

6. Private Club Rooms or Areas. No on -sale establishment shall maintain a room or designated area reserved for the exclusive use of designated persons or "private club members," unless the establishment has been issued a Duplicate On -Sale General License for Designated Persons under Business and Professions Code Section 24042(b). "Designated persons" means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beverages to "private club members" at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On -Sale General (Type 57) ABC license.

7. Availability of Alcohol Service. ABC -licensed businesses open past 10:00 p.m. (Pacific Standard Time) shall adhere to the following:
a. An hour before closing:
i. Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure ethanol) or less, and
ii. Limit the patron to one alcoholic drink per order.
b. Thirty (30 minutes) before closing, new alcohol service shall cease. i. Last call shall be made early enough to ensure service ceases prior to closing,

8. Discount Alcohol Pricing. No "happy hour" type of reduced pricing for alcoholic beverage shall be allowed after 8:00 p.m.

9. Logs.
a. Cut -Off Log. The establishment shall maintain a log of cut-off customers. as defined above. The establishment shall use the cut-off log during all hours of operation. The establishment shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request.
b. Banned Customer Log. The establishment shall maintain a log of any banned customer, as defined above. The establishment shall provide the banned customer log to law enforcement and/or code enforcement, immediately upon request.

C. Specific Alcohol Regulations based on Land Use
The land uses below may have specific impacts related to alcohol based on their proposed land uses, all items below shall be applicable to all land uses of the same or similar land use as determined by the Director of Community Development.

1. Establishments that provide entertainment subject to a class IV entertainment license per Chapter 9.10 Entertainment License) shall be subject to the following conditions of approval upon issuance of such a license.
-19-

a. Entertainment License. Each establishment shall be required to comply with the live entertainment license provisions contained within Chapter 9.10 (Entertainment License) in this Code.
i. This is an annual permit required for the operation of any establishment that provides entertainment, per Chapter 9.10 (Entertainment License ii. Violations of these provisions may result in the revocation of the Entertainment License per Section 9.10.160 (Revocation/Suspension for Violation). b. Noise. All entertainment provided shall be complaint with Chapter 9.20 (Noise). c. Security. All private security shall be compliant with Chapter 9.11 Regulation of Security Operators), in addition to the requirements of this Chapter. d. Securijy.
i. Security Surveillance System. The establishment shall:
(a) Install and maintain a closed-circuit television (CCTV) system consisting of high- definition video technology, capable of saving recorded video for at least 30 days and saving a copy to a disc or flash drive. (b) Post a notice that video recording is in progress.
(c) Document the needed steps to retrieve recorded information. (d) Ensure on site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive.
(e) Permit review of the recording by law enforcement immediately upon request. (f) Save an unedited or modified copy of any requested video and provide it immediately to law enforcement upon request.
(g) Require all staff -customer disagreements, as feasible, to occur in a well -lit location being videotaped.
ii. Security Personnel.
(a) All security guards shall operate in accordance with Chapter 9.11 (Regulation ation
of Private Security Operators).
(b) Security Personnel Outside. As applicable, security personnel workingoutside utside
shall wear a uniform in accordance with Temecula Municipal Code Section

9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the premises.
iii. Private Security. If private security is utilized, the establishment shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed.
iv. These items are in addition to all conditions of approval and all other requirements of this code or any other applicable state or federal law.

2. Restaurant (Bona Fide Eating Establishment). Establishments selling beer and wine (ABC license Type 41), or beer, wine, and spirits (ABC license Type 47 or 48) must operate and maintain their licensed premises as a bona fide eating establishment and are subject to the following requirements:
-20-

a. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use.
b. Establishment is presumed to be operating as a bona fide eating establishment if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. Establishment shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand.
c. A full menu shall be available for order during all hours that alcohol is served. The premises must offer sit-down service of meals.
d. The premises where the establishment operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices.
e. The premises must comply with all regulations of the health department and Business and Professions Code Sections 23038 and 23787.
f. Restaurants shall operate with the following conditions:
i. Morphing. No establishment shall allow their establishment to engage in the practice of morphing as defined by this Chapter.
ii. Availability of Meal Service. Meals shall be available up to a minimum of thirty (30) minutes before closing. ABC -licensed businesses Type 41, 47, and 49 shall operate as a bona fide eating place in compliance with California Business and Professions Code Sections 23038 and 23787.

3. Legal Nonconforming Liquor Stores.
a. Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming_ uses.

4. Convenience Markets and Beer/Wine Markets.
a. Only beer and wine may be sold, and only for off -site consumption. This, is the equivalent to an ABC Type 20 license type. Distilled spirits and pre -mixed spirit cocktails are prohibited from beingsold, old, gifted or consumed on -site. b. No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the displa is not physically accessible to customers.
c. A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine.
d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section 17.04.010 of this title.

beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code.
b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel:
i. No beer or wine shall be displayed within five feet of the cash register or building entrance.
ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit.
iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage.
vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage.
vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited.

f. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit. g. On -site alcohol sales shall be limited to product manufactured on -site. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.
j. In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area. k. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements.

1. Signs shall be posted inside the building near the exit door of the lasting, room and exit door of the outdoor seating area stating_ "No alcohol allowed past this point." m. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district.
n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail.
o. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building_
p. There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporary use permit.
q. The number of persons shall not exceed the maximum occupancy load as determined by the Certificate of Occupancy Signs indicating, the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. r. The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence.
s. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code. t. A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to -23-

prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises.

7. Finding of Public Convenience or Necessity.
a. Whether or not the proposed use is consistent with the general plan and development code•
b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses;
c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.

8. Class IV entertainment establishments (ABC Type 90).

It is the intent and purpose of this section to allow a limited number of entertainment establishments within a limited area of the Citv though an annual administrative entertainment and business license.
a. Number of Entertainment Establishments.
i. The maximum number of entertainment establishments is one. This establishment shall be permitted by right within the Downtown Core District of the Old Town Specific Plan, as shown in Exhibit IV-1: Old Town Regulating Plan, provided the requirements of Section 9.10.125 and this Section are met. No such establishments may operate elsewhere in the City.
b. A City of Temecula business license is required in accordance with Title 5 (Business Licenses and Regulations)
i. This is an annual, non -transferable license required for the operation of an entertainment establishment, per Section 5.04.170 of this Code. c. A City of Temecula Live Entertainment License (Class IV) is required in accordance with Chapter 9.10 (Entertainment License). This license shall be applied for in conjunction with a business license specified above.
d. Operational Requirements.
i. Compliance with the requirements of Chapter 9.10 (Entertainment License) is mandatory. Pursuant to Section 9.10.090(a)((4_), entertainment shall cease at 10:59:59.
ii. Compliance with the standards specified in Chapter 17.09 (Alcohol) are mandatory, except as otherwise required by State law. Alcohol service shall cease at 11:59:59.
iii. Noise levels shall not exceed the standards set forth in the noise element of the General Plan or the standards set forth in Section 9.20.040 of this code. iv. The Director of Community Development shall be notified in writing within ten (10) business days of a business sale or transfer of such any business subject to this section.
v. The City may apply additional requirements or limitations depending on the location, surrounding uses and other considerations.
-24-

vi. Alcohol Sales Identification. All Persons twentv-one (21) vears of aee or older shall be provided a free wristband, such persons are required to wear said wristband for the duration of time on the premises. At a minimum the wristband shall:
(a) Clearly state the time and date of the event;
(b) Be tamper resistant;
(c) Be highly visible or reflective;
(d) be a differing color for each consecutive show, with a minimum of seven different colors:
(e) Persons under twenty-one (21) years of age identified wearing a wristband in violation of this chapter shall be removed from the premises; and (f) This section does not eliminate or in any other way modify the requirements of an establishment to verify the age of patrons ordering alcohol. e. Permit Issuance Denial and Revocation Permit issuance denial and revocation shall be as specified in Chapter 9.10 (Entertainment License) f. Appeal.

L Appeal procedures shall be as specified in Chapter 9.10 (Entertainment License).

Section 12. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

Section 13. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23`d day of July, 2024.

ATTEST:

Randi Johl, City Clerk
[SEAL]
James Stewart, Mayor
-26-

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 91h day of July, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 91h day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
-27-
Randi Johl, City Clerk

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ADOPTING SPECIFIC PLAN
AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC
PLAN TO 1) ADD CLASS IV ENTERTAINMENT

ESTABLISHMENT AS A PERMITTED USE IN THE
DOWNTOWN CORE DISTRICT, 2) IMPLEMENT A ONE

YEAR OUTDOOR LIVE ENTERTAINMENT PILOT
PROGRAM, AND 3) MAKING A FINDING OF EXEMPTION

UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTION 15061(B)(3)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that:

A. A new ABC Type 90 license became effective on January 1, 2024. An ABC Type 90 license allows for the sale of distilled which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility without food service. Minors are permitted on the premises. The City Council directed staff to amend the Old Town Specific Plan to allow for a business to operate with a Type 90 license and to establish standards for this license type.

B. In addition, the City Council directed staff to allow outdoor live entertainment in the Old Town Specific Plan in an effort to provide even more entertainment options in Old Town.

Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that:

A. On June 5, 2024, the Temecula Planning Commission considered this Resolution at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-09 recommending approval of the Resolution by the City Council.

B. On July 9, 2024, the City Council, at a regular meeting, considered the Resolution at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.

Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code.

The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The proposed Specific Plan Amendment will allow a class IV entertainment establishment (a business with a Type 90 ABC license that provides live entertainment) in the Downtown Core area of the Old Town Specific Plan. In addition, the Specific Plan amendment will allow for a pilot program that will allow outdoor live entertainment in Old Town. The General Plan Land Use Element, as noted on page LU- 26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having "A viable, high -quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents." Allowing live entertainment will further the goal of providing cultural gathering places for tourists and residents.

B. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city.

C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments.

The Old Town Specific Plan consists of approximately 153 acres, and the subject area of the Specific Plan Amendment (the Downtown Core district) comprises approximately 48 acres of the Specific Plan. As outlined in the Land Use Element of the City's General Plan (page LU-32), the purpose of Specific Plans is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Old Town Specific Plan. The Specific Plan amendment does not make any revisions to the land uses allowed in the Old Town Specific Plan. Instead, it will allow existing businesses to provide live entertainment.

D. The proposed specific plan amendment shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

As identified within the City's General Plan Land Use Element, page LU-30, Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding neighborhood.

Section 4. Environmental Findings. In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. This would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific Plan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment.

Section 5. Specific Plan Amendment. The City Council hereby adopts Specific Plan Amendment No. 11 to the Old Town Specific Plan as set forth in Exhibit "A".

Section 6. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Section 7. Effective Date. This Resolution shall take effect on the same date that Ordinance No. 2024- takes effect.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2024.

James Stewart, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

1 a
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OLD TOWN

SPECIFIC FLAN
Comprehensively revised by the
City Of Temecula
Adopted by City Council on May 25, 2010
Ordinance No. 10-09: Specific Plan Amendment
Ordinance No. 10-10: Zone Change
Clerical revisions made August 11, 2010
Originally Adopted on February 22, 1994
Ordinance No. 94-05
Previous Revisions Adopted:

January 23, 1996
May 13, 1997
July 13, 1999
October 10, 2000
August 24, 2004
June 13, 2006
September 5, 2017
May 26, 2020
November 29, 2022
July 9, 2024
Ordinance No. 96-01
Ordinance No. 97-06
Ordinance No. 99-12
Ordinance No. 00-11
Ordinance No. 04-08
Ordinance No. 06-07
Resolution No. 17-56
Resolution No. 2020-32
Resolution No. 2022-90
Resolution No. 2024-XX
City of Temecula — Old Town Specific Plan

III. ADMINISTRATION AND HISTORIC PRESERVATION
A. Introduction....................................................................................................................

B. Authority for the Plan........................................................................................................

C. Relationship to the General Plan............................................................................................

D. Relationship to Other Codes................................................................................................

E. Relationship to the California Environmental Quality Act.............................................................

1. Cultural and Historic Resources..................................................................................

F. Relationship to Other Regulations......................................................................................... .

G. Non -Conforming Uses and Structures.................................................................................... .

H. Temecula Historic Preservation District..................................................................................

1. Purpose and Intent.................................................................................................

2. Historical Background.............................................................................................

3. Establishment of the Temecula Local Historic Preservation District .......................................

4. Temecula Local Historic Register...............................................................................

I. Old Town Local Review Board.............................................................................................

1. Powers and Duties of the Old Town Local Review Board ...................................................

2. Project Types and Old Town Local Review Board Review Requirements ................................ a. Level One Projects...................................................................................... b. Level Two Projects......................................................................................

3. Finding of Historic Appropriateness............................................................................. a. Findings to Approve or Deny a Finding of Historic Appropriateness Application .............

J. Building Permits and Prohibitions......................................................................................... .

K. Maintenance and Care.......................................................................................................

L. Additional Provisions for Historic Structures.............................................................................

M. Approval Authority..........................................................................................................

N. Temporary Use Permits......................................................................................................

1. Purpose and Intent..................................................................................................

2. Permitted Uses....................................................................................................... a. Major Temporary Use Permit........................................................................... b. Minor Temporary Use Permit.......................................................................... ................................................ III-2
................................................. III-2 .................................................III-2
.....................................................III-2 ..................................................III-3 ................................................III-3
................................................. III-5 ..................................................III-5 .........................................................III-6 III-6
......................................................III-6 III-6
.................................................III-6
................................................III-11
...................................................... III-11 ................................................ III-12 .................................................III-12 ................................................ III-12 .................................................III-13 ................................................ III-14 ................................................. III-15 ................................................. III-15 ........................................................ III-15 .................................................III-15 .................................................... III-17 .................................................III-17 ............................................... III-17
............................................... III-17
................................................III-17
.s.Autnortry.............................................................................................................................................................. III- iu

4. Findings................................................................................................................................................................III-18

5. Conditions of Approval..............................................................................................................................................III-18

6. Revocation ........... .................................................................................................................................................

III-18
O. General Provisions and Regulations........................................................................................................................................

III-19

1. Effect of the Specific Plan...............................................................................................................................................

III-19

2. Minimum Requirements of the Specific Plan....................................................................................................................

III-19

3. Severability...........................................................................................................................................................III-19 P. Temporary Use Permits for Outdoor Live Entertainment (Temporary Pilot Program Expires August 8, 2025) ..................................................III-19 City of Temecula — Old Town Specific Plan

8. Parking............................................................................................................................................................... IV-103

9. Railroad Turntable Preservation Incentives.....................................................................................................................

IV-103

10. Civic District Land Use and Development Standards.........................................................................................................IV-105 H. Circulation and Streetscape Standards..............................................................................................................................................

IV-V4-107

1. Old Town Sidewalk Standards....................................................................................................................................

IV-107
a. Current Sidewalk Conditions............................................................................................................................

IV-107
b. Sidewalk Design Standards...............................................................................................................................IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line...............................................................

IV-108
d. Sidewalk Cross Sections.................................................................................................................................

IV-109
e. Removal of Wooden Boardwalk.........................................................................................................................IV-110 f. Establishment of the Sidewalk Zones..................................................................................................................IV-1 I I
i. Curb Zone........................................................................................................................................IV-111 ii. Street Furnishing Zone........................................................................................................................

IV-112
iii. Pedestrian Zone................................................................................................................................IV-113 iv. Frontage Zone..................................................................................................................................IV-113 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114

2. Old Town Street Standards........................................................................................................................................

IV-115
a. Typical Street Cross Sections...........................................................................................................................

IV-115
b. Moreno Road (north and south loop) Cross Sections................................................................................................

IV-115
c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................

IV-127

3. Traffic Calming Measures..........................................................................................................................................IV-130 a. Curb-Bulb-outs............................................................................................................................................

IV-131
b. Speed Tables and Raised Crosswalk....................................................................................................................IV-132 c. Designated/Marked Crosswalks.........................................................................................................................IV-132 d. Roundabouts...............................................................................................................................................

IV-133

4. Old Town Street Tree Standards..................................................................................................................................

IV-134
a. Existing Conditions.......................................................................................................................................IV-134 b. Required Street Tree Design Standards................................................................................................................

IV-135
c. Street Tree Placement.....................................................................................................................................

IV-136
d. Example- Conceptual Street Tree Plan.................................................................................................................IV-137 e. Tree Grate Specifications.................................................................................................................................IV-137 f. Street Tree Landscape Palette............................................................................................................................IV-138

5. Old Town Mobility Concept.......................................................................................................................................

IV-141
a. Street Improvements......................................................................................................................................

IV-141
i. Roundabout Improvements....................................................................................................................

IV-141
b. Pedestrian Connections/Pedestrian Bridges............................................................................................................IV-141 c. Transit Stops...............................................................................................................................................

IV-142
d. Multi -Use Trails...........................................................................................................................................IV-142 I. Alley Standards.................................................................................................................................................................

IV-145

1. Public Alley Cross Section and Construction Requirements..........................................................................................................IV-146 a. Utilities......................................................................................................................................................IV-148 City of Temecula — Old Town Specific Plan viii

III. ADMINISTRATION AND HISTORIC PRESERVATION
r --1
CONTENTS:

A. Introduction..................................................................................................................................................................... III-2 B. Authority for the Plan.......................................................................................................................................................... III-2 C. Relationship to the General Plan..............................................................................................................................................III-2 D. Relationship to Other Codes......................................................................................................................................................III-2 E. Relationship to the California Environmental Quality Act.................................................................................................................III-3

1. Cultural and Historic Resources................................................................................................................................... III-3 F. Relationship to Other Regulations............................................................................................................................................ III-5 G. Non -Conforming Uses and Structures........................................................................................................................................III-5 H. Temecula Historic Preservation District............................................................................................................................................III-6

1. Purpose and Intent.........................................................................................................................................................III-6

2. Historical Background....................................................................................................................................................III-6

3. Establishment of the Temecula Local Historic Preservation District.............................................................................................. III-6

4. Temecula Local Historic Register.................................................................................................................................III-6

1. Old Town Local Review Board...............................................................................................................................................111-11

1. Powers and Duties of the Old Town Local Review Board..........................................................................................................111-11

2. Project Types and Old Town Local Review Board Review Requirements..................................................................................111-12 a. Level One Projects........................................................................................................................................111-12 b. Level Two Projects.......................................................................................................................................111-12

3. Finding of Historic Appropriateness...............................................................................................................................III-13 a. Findings to Approve or Deny a Finding of Historic Appropriateness Application.............................................................. III-14 J. Building Permits and Prohibitions............................................................................................................................................ III-15 K. Maintenance and Care......................................................................................................................................................... III-15 L. Additional Provisions for Historic Structures...................................................................................................................................... III-15 M. Approval Authority ............................................................................................................................................................111-15 N. Temporary Use Permits........................................................................................................................................................... III-17

1. Purpose and Intent....................................................................................................................................................III-17

2. Permitted Uses....................................................................................................................................................... III-17 a. Major Temporary Use Permit........................................................................................................................... III-17 b. Minor Temporary Use Permit...........................................................................................................................III-17

3. Authority .............................................................................................................................................................. III-18

4. Findings................................................................................................................................................................111-18

5. Conditions of Approval..............................................................................................................................................III-18

6. Revocation............................................................................................................................................................III-18 O. General Provisions and Regulations........................................................................................................................................ III-19

1. Effect of the Specific Plan............................................................................................................................................... III-19

2. Minimum Requirements of the Specific Plan.................................................................................................................... III-19

3. Severability ...........................................................................................................................................................III-19 P. Temporary use permits for outdoor live entertainment (Temporary Pilot Program Expires August 8, 2025)..................................................... III-19 City of Temecula— Old Town Specific Plan 111-1

III. ADMINISTRATION AND HISTORIC PRESERVATION
TABLE III-4: APPROVAL AUTHORITY
Application Type
OTLRB Review
Administrative
Director of
Planning Commission
City Council
Approval
Planning Approval
Approval
Approval
Development Plan — 10,000 s.f. and under
X2
X6
Development Plan — over 10,000 s.f.

X2
X
Major Modification
X2
X3,6
X3
X3
Minor Modification'
X'
X6
Minor Conditional Use Permit — existing
X4,6
building
Conditional Use Permit
X5,6
Xs
Finding of Historic Appropriateness
XZ, 7
X6,7
X6,7
X7
X7
Temporary Use Permit'
X6
Footnotes:

1.) Considered a Level One Project which does not require the review and approval of the OTLRB. However, the Planning Director may forward a Level One Project to the OTLRB if the project has the potential to have significant aesthetic impacts or special significance.

2.) Considered a Level Two Project which requires review and recommendation by the OTLRB before the project can be approved by the appropriate approving authority.

3.) Major Modifications may be approved administratively if the project was originally approved by the Director of Planning. Projects which were approved by the Planning Commission or City Council must be considered by the original approving body. Increases in building square footage that results in a building larger than 10,000 square feet shall be heard by the Planning Commission.

4.) Minor Conditional Use Permits, which are for conditionally permit uses to be conducted within an existing building, may be approved by the Director of Planning at a noticed public hearing.

5.) A Conditional Use Permit with a Development Plan shall be approved by the hearing body required for the Development Plan.

6.) For matters that are considered to have unique circumstances, special significance or aesthetic impacts, the Director of Planning may refer such matters to the Planning Commission.

7.) All applications for a Finding of Historic Appropriateness shall be reviewed by the OTLRB. A Finding of Historic Appropriateness may be issued either administratively, by the Director of Planning, by the Planning Commission, or by the City Council as part of the approval process for any Minor Modification, Major Modification, or Development Plan. The appropriate approval authority shall be based upon the approval authority for the application type.

8.) Outdoor Dining or Sidewalk Cafes require the approval of a Minor Modification if not approved as a part of the original Development Plan.

9.) Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P.

City of Temecula— Old Town Specific Plan III-16

III. ADMINISTRATION AND HISTORIC PRESERVATION
N. TEMPORARY USE PERMIT (TUP)

1. Purpose and Intent
The provisions of this chapter shall govern special
events and temporary uses on private commercial
property in Old Town. Special events on public
property in Old Town shall be governed by Chapter

12.12 of the Temecula Municipal Code, Parades and
Special Events on Public Property.

The temporary use permit allows for short-term
activities or events that may be appropriate within the Old Town Specific Plan area when regulated.

Temporary uses shall not exceed ninety days when not
occupying a structure, (including promotional
activities), or one year for all other uses occupying a structure, or for a shorter period of time as determined by the Director of Planning. Residential model home
complexes are exempt from the time limitations.

2. Permitted Uses
Temporary uses in Old Town are divided into two
general categories: major and minor. Major temporary
uses have a potential to create health and safety
problems, can occur on undeveloped property and/or
outdoors, may create traffic and noise problems, and/or could potentially disrupt community life or surrounding businesses and residents. Minor temporary uses occur
on developed commercial private property and/or
indoors, and for very short time periods. Minor
temporary uses produce little noise and/or traffic, and have no significant impacts on adjacent properties.

Temporary Use Permits are limited to one permit per
business per quarter for each calendar year, except as
set forth in Section P of this Chapter.
a. Major Temporary Uses
The following major temporary uses may be permitted,
subject to the review and approval a Major Temporary
Use Permit:
i. Fairs, festivals, concerts, outdoor live entertainment, and similar activities when not held within a facility
designed to accommodate such an event or use such as
auditoriums, stadiums, or other public assembly
facilities. Major Temporary Use Permits issued for the
uses described above are subject to the following
requirements:
• The number of Major Temporary Use Permits
issued for fairs, festivals, concerts, outdoor
live entertainment, and similar activities in Old
Town may not exceed one per business for
every quarter for each calendar year, except as
set forth in Section P. Fairs, festivals, concerts,
outdoor live entertainment, and similar
activities shall not exceed two consecutive
days in length.
• Major Temporary Use Permits issued for City
Sponsored Signature Events and/or special
events where the City is the applicant are not
subject to the quarterly limit.
• Major Temporary Uses for fairs, festivals,
concerts, outdoor live entertainment, and
similar activities shall not be permitted in the
Neighborhood Residential (NR) zoning
district.
• See Section P of this Chapter for specific
regulations pertaining to TUP's for Outdoor
Live Entertainment.
ii. Real estate offices and model homes within approved development projects.
iii. On and off -site contractors' construction yards in conjunction with an approved active development
project.
iv. Christmas tree sales lots. Such activity shall be only held from November 1 st through December 3 Pt
v. Pumpkin sales lots.
b. Minor Temporary Uses
The following minor temporary uses may be permitted,
subject to the review and approval of a Minor
Temporary Use Permit.
i. Outdoor display and sales of merchandise within the
Downtown Core and Residential/Limited Mixed -Use
districts that exceed the regulations set forth in Section

17.10.020(K) of the Development Code. Outdoor
display and sales of merchandise permitted with a
Minor Temporary Use Permit shall not exceed sixteen
days per calendar year per business or organization and are subject to the following requirements:
• Merchandise displayed or sold must be
customarily sold on the premises by a
permanently established business.
• The maximum number of consecutive days for
any one event shall not exceed nine calendar
days.
• Events exceeding five consecutive calendar
days shall be fully enclosed in a tent so as to
minimize any aesthetic impacts.
• Set-up and take -down of tents, lighting,
fencing, merchandise and/or items for the
event shall not be counted towards the
allowable event days per calendar year, except
that set-up shall not exceed one and one-half
City of Temecula— Old Town Specific Plan 111-17

III. ADMINISTRATION AND HISTORIC PRESERVATION
O. GENERAL PROVISIONS AND

REGULATIONS

1. Effect of the Specific Plan
No person shall use any premises except as specifically permitted by and subject to the regulations of this
Specific Plan. Except as otherwise permitted herein,
whenever this Specific Plan prohibits the use of
property for a particular purpose, those premises and
any improvements on the premises shall not be used for
that purpose, and no structure or improvement shall be
constructed, altered or moved onto the premises which
is designed, arranged, or intended to be occupied or
used for that purpose.

2. Minimum Requirements of the Specific Plan
The provisions of this Specific Plan shall be interpreted and applied as the minimum requirements for the
promotion of the public health, safety and general
welfare. The Director of Planning shall interpret the
Specific Plan based upon the policy directives of the
City Council.

3. Severability
If any section, subsection, sentence, clause, phrase or portion of this Specific Plan, or future amendments or
additions hereto, is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Specific Plan, or future amendments or additions hereto. The City hereby
declares that it would have adopted these requirements
and each sentence, subsection, clause, phrase, portions or any future amendments or additions hereto,
irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future
amendments or additions hereto may be declared
invalid or unconstitutional.

P. TEMPORARY USE PERMITS FOR OUTDOOR

LIVE ENTERTAINMENT

1. Intent and purpose.

The City Council desires increased outdoor live
entertainment within Old Town. It is the intent and
purpose of this section to serve as a pilot program of
one (1) year in length, to allow Temporary Use Permits
to include temporary outdoor live entertainment, a use
previously limited to one per quarter. The expiration
date of this pilot program shall be 8, August 2025,
unless action is taken by Resolution of the City Council to amend, extend, terminate or make permanent these
provisions.

The purpose of this Council directed policy is to allow for ancillary outdoor live entertainment in an
experimental capacity and is not intended to be the
primary use of any establishment.

The provisions, permitting process, forms, fees, and
findings set forth in section N above for a Major TUP
shall be followed, unless in conflict with this section in which case this section shall prevail.

Establishments that have and maintain in good order a
Conditional Use Permit (CUP,) that permits outdoor live entertainment are exempt from this section.

V. TUP's issued under this provision shall be
exempt from the requirements of "Note 9" on
Table III-4: Approval Authority.
vi. All TUP's issued under this section shall:
a. Prohibit percussion instruments:
b. Prohibit Disc Jockeys (DJ's)o
similar entertainment from occurring:
and
c. Prohibit speakers, and similar
amplified sound emitting devices,
from pointing outward towards
neighboring parcels.
vii. No TUP shall allow or provide outdoor live
entertainment during Santa's Electric Light
Parade, July 4t' Parade or any other City
sponsored parade in Old Town that closes any
portion of Old Town Front Street.
viii. All site plans provided for a TUP under this
section shall include all audio equipment,
speakers, stages, lighting, and all other aspects
of the performance.
ix. Video, streaming or any form of digital image
or sound projection of performances shall not
constitute live entertainment.

X. All TUP's issued under this section, shall
comply with Chapter 9.20 (Noise,) of the
Temecula Municipal Code.

City of Temccula — Old Town Specific Plan III-19

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS

VI-107

1. Old Town Sidewalk Standards....................................................................................................................................

IV-107
a. Current Sidewalk Conditions............................................................................................................................

IV-107 IV-4
b. Sidewalk Design Standards...............................................................................................................................IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line...............................................................

IV-108
d. Sidewalk Cross Sections.................................................................................................................................

IV-109
e. Removal of Wooden Boardwalk.........................................................................................................................IV-110 f. Establishment of the Sidewalk Zones..................................................................................................................IV-1 I I
i. Curb Zone........................................................................................................................................IV-1 I I
ii. Street Furnishing Zone........................................................................................................................

2. Old Town Street Standards........................................................................................................................................

IV-115
a. Typical Street Cross Sections...........................................................................................................................

IV-115
b. Moreno Road (north and south loop) Cross Sections................................................................................................

IV-115
c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................

IV-127

IV-133

4. Old Town Street Tree Standards..................................................................................................................................

IV-135
c. Street Tree Placement.....................................................................................................................................

5. Old Town Mobility Concept.......................................................................................................................................

IV-141
a. Street Improvements......................................................................................................................................

IV-141
i. Roundabout Improvements....................................................................................................................

IV-145

2. Private Residential and Commercial Alleyways........................................................................................................................IV-149

3. Preservation of Existing Alleys in Old Town...................................................................................................................

IV-149
City of Temecula — Old Town Specific Plan IV-5

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
- �tr
B. ESTABLISHMENT OF THE ZONING

DISTRICTS
The following zones have been established within the
Old Town Specific Plan area:
• Downtown Core District (DTC)
• Downtown Core/Hotel Overlay District
(DTC/HO)
• Residential/Limited Mixed -Use District
(R/LMU)
• Neighborhood Residential District (NR)
• Civic District (CV)
• Open Space (OS)
Each zone is identified as a spatial district as shown in Exhibit IV-1 Old Town Regulating Plan. Each zone
shown in the Old Town Regulating Plan has different
development regulations and standards for the physical
building form and building placement that shall apply
in the Old Town Specific Plan area.

1. Zoning District Boundaries
Where boundaries of the Zoning Districts appear to
follow streets, the boundary shall follow the centerlines of said streets. Where boundaries appear to follow
existing property lines, they shall follow said property lines and shall not bisect portions of existing lots of record which are in effect at the time of adoption of this Specific Plan. The boundaries of the Open Space
Zoning District along the channel of Murrieta Creek,
however, may bisect adjacent parcels.

Exhibit IV-1: Old Town Regulating Plan
■ ■ . ■ - I.nn nl.es.n.
non .croon
•"� 1• - �� liiiiiiiiiiiiiiii�
ql ' nonnno.o•
...........rn
.. neo.w..pn
Old Town Zoning Districts
''
Land Use Descriptions � Neighborhood Residential (NR) open space [oS� acid Town Specitc Plan BCundary Civic (CVi Downtown Core (DTC) Residential) Limited Mixed Use (RILMU) D s,7a 435 M Feel
® Downtown Core - Hotel D ft IDTCIHO] a,Giawan- raKmw-aaAiati.��.r i� , ruaN..0 ri- Re.�e City of Temecula — Old Town Specific Plan IV-9

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
TABLE IV-1: LAND USE MATRIX

LIST OF USES
Residential -Limited Mixed -Use
(R/LMU)
Downtown Core (DTC)/ Downtown
Core -Hotel Overlay (DTC/HO)
Neighborhood Residential
(NR)
Adult Entertainment Businesses
-
-
-
Alcoholic Beverage Sales
C4415
C4415
_
Art Studio with or without a gallery
P1
P1
-
Bar, Cocktail Lounge'
C1
C
-
Beer Tasting Establishment15
C13
C13
_
Bed and Breakfast
C
-
C
Community Care Facility 6 or Fewer
-
-
P
Community Care Facility 7 to 14
-
-
C
Day Care/Preschool
C1
C2
_
Dav Spa - Full Service
P1
P
-
Drive-thru Businesses includes eating establishments and banks -
Escape Rooms
C
C
-
Farmers Market
C
C
-
Health and fitness, dance, martial arts studio
P1
p2
Home Occupation
P
P
P
Cigar/Hookah Club(private membership only)
C
C
Hotel
P3
p4
Entertainment
See Municipal Code', 14
See Municipal Codes, 14
Massage Facilities
-
-
Museum
-
P
Neighborhood market, grocery store
P1
P
Office-Administrative/Professional/Medical
p12
P2
Performing Arts
-
P
Personal Services
P1
P2
Residential - Attached
P
P6
P
Residential - Detached
-
-
P
Residential — Live/Work
C
C
C
Restaurant without Alcohol9,","
p9
P9
Restaurant with Beer and Wine9,11,15
p9
p9
Restaurant with Beer, Wine, and Distilled Spirits 9,11,15 C
C
Restaurant with Entertainment not including dancin 9,11,15 See Municipal Code5,14
See Municipal Code5,14
Restaurant with Entertainment and/or Dancin 9,11,15
See Municipal Code', 14
See Municipal Code5,14
City of Temecula — Old Town Specific Plan IV-1 1

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
Retail
Pi
Pi
Tattoo Studio
-
-
Trade/Educational Institution
Pi
P2
Entertainment Establishment
_
p1,14,15
_
Wine Producing/Micro Brewery — (Type 02 ABC License onl 15 P7
P7
-
Wine Tasting Facility — (Type 02 ABC License only) i5
P8
P8
_
Wine Tasting Facili 15
CIO
CIO
_
Except hotel operations, business activities within the Residential/Limited Mixed -Use and Neighborhood Residential during the hours of 12:00 a.m. and 5:00 a.m. shall require a Conditional Use Permit.

Any use not explicitly stated above shall require a use determination by the Planning Commission.

P Use is permitted by right
C Use is permitted with a Conditional Use Permit
- Use is not permitted

1. Use is limited to ground floor only.

2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Town Front Street or Main Street.

3. This use is limited to locations that front Moreno Road. Full -service hotel uses with food service and conference facilities at heights greater than three stories but limited to eight stories may be considered under a Conditional Use Permit. Subject to the Supplemental Standards for hotels over 3 stories.

4. Full -service hotel uses with food service and conference facilities in the Downtown Core -Hotel Overlay (DTC/HO) are allowed eight stories. Subject to the Supplemental Standard and Special Use Standards in Section IV.G of this chapter, for hotels over three stories.

5. Outdoor entertainment is not permitted in Old Town. City sponsored signature events and/or events when the City is the applicant are exempt. Outdoor live entertainment may be considered for private businesses in Old Town with a Temporary Use Permit as appropriately conditioned, limited to one event per quarter per Section III.N.

6. Ground floor residential not permitted in the Downtown Core area along Old Town Front Street and Main Street.

7. Shall include a store front tasting room. Premises with or without the product sale for off -site consumption is limited to a Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower).

8. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower).

9. Outdoor Dining or Sidewalk Cafes are permitted in conjunction with a restaurant subject to the review and approval of a Minor Modification or as approved with a Development Plan application.

10. Premises with or without the product sale for off -site consumption applying for any Department of Alcoholic Beverage Control License type other than a Type 02 (Winery/Winegrower).

11. Subject to Chapter 17.10 Supplemental Development Standards of the Development Code.

12. This use is permitted on either the ground floor or second floor.

13. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing — Duplicate)

14. Subject to Municipal Code Section 9.10 (Entertainment License)

15. Subject to Municipal Code Section 17.09 (Alcohol), and limited to the Downtown Core District City of Temecula — Old Town Specific Plan IV-12

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS - DOWNTOWN CORE AND DOWNTOWN CORE/HOTEL OVERLAY DISTRICT ix. Allowable Encroachments
The table below outlines the allowable encroachments
between the build -to line and the property line and into the side and rear yard setbacks for buildings located in the Downtown Core and Downtown Core/Hotel
Overlay district.
"
:I
Figure IV-9: Allowable encroachments in the DTC and DTCIHO Table IV-11:

Allowable Encroachments in Downtown Core/Downtown Core Hotel Overlay District
Building Element:

Over the build-
Over the build -to
Into
to line (typical
line side street
Side/Rear
lot or lot with
(corner lot):

Yard setback
creek frontage):
(with or
without
alley):

A. Architectural features
5 feet maximum
5 feet maximum
0 feet
such as cornices, eaves,
overhangs, and other
decorative building elements
B. Balconies, patios or
10 feet
10 feet maximum
0 feet
terraces above first floor
maximum
C. Awning or Canopy
S 10 feet
9 10 feet
0 feet
maximum
maximum
D. Bay Window
2 feet maximum
2 feet maximum
0 feet
E. Urban accent landscaping
3 feet maximum
3 feet maximum
N/A
—potted, or hanging plants,
etc.

Table IV-12:

Minimum Vertical Clearance in the Downtown Core and Downtown Core/Hotel Overlay District
F. Awnings, canopies, and other architectural features
8 feet minimum
such as building projections, eaves, overhangs, and
other decorative building elements
G. Balconies or terraces (above first floor) 12 feet minimum City of Temecula — Old Town Specific Plan
IV-28

IV. LAND USE AND DEVELOPMENT STANDARDS
f. Street Tree Landscape Palette
In order to achieve an urban streetscape, the following tree species (listed below and shown on the Street Tree Map Exhibit IV-3) shall be required to be planted in
Old Town. All street trees shall be 36" box size:

Old Town Front Street:

London Plane (Plantus x Acerifolia Bloodgood')
First Street (east of Old Town Front Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Second Street:

London Plane (Plantus x Acerifolia `Bloodgood')
Third Street:

London Plane (Plantus x Accrifolia `Bloodgood')
Fourth Street:

London Plane (Plautus x Acerifolia Bloodgood')
Fifth Street:

London Plane (Plantus x Acerifolia `Bloodgood')
Sixth Street (east of Old Town Front Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Main Street east of Murrieta Creek:

London Plane (Plantus x Acerifolia `Bloodgood')
Main Street west of Murrieta Creek:

London Plane (Plantus x Acerifolia `Bloodgood')
Mercedes Street:

London Plane (Plantus x Acerifolia `Bloodgood')
Moreno Road:

London Plane (Plautus x Acerifolia Bloodgood')
Pujol Street:

London Plane (Plantus x Acerifolia `Bloodgood')
First Street (west of Old Town Front Street):

London Plane (Plantus x Acerifolia Bloodgood')
Sixth Street (west of Old Town Front Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Felix Valdez:

London Plane (Plautus x Acerifolia `Bloodgood')
Murrieta Creek Trail:

California Sycamore (Platanus Racemosa)
Figure IV-101: Liquid Amber
Figure IV-102: London Plane
City of Temecula- Old Town Specific Plan
IV-138

IV. LAND USE AND DEVELOPMENT STANDARDS

6. Applicability
The regulations and criteria contained herein shall apply to all signage within the Downtown Core and
Downtown Core/Hotel Overlay, and
Residential/Limited Mixed -Use, and Givie—Pistriets.

The Neighborhood Residential district shall comply
with the residential sign requirements contained in the Temecula Municipal Code using the Design Criteria
contained in the Old Town Specific Plan. Photos
contained in this chapter are intended to provide visual or illustrative examples and may not be representative
of the actual allowable dimensions of sign area.

7. Permit Required
Unless specifically stated in these regulations, a sign permit is required prior to placing, erecting, moving,
reconstructing, altering, or displaying any sign within the Specific Plan area. All signs are subject to the
approval of the Director of Planning.

8. Sign Program
A Sign Program is required prior to obtaining a sign
permit for new or existing developments that propose to erect or replace a permanent sign where any of the
following circumstances exist:
a. Whenever a building or center is greater than 100,000 square feet in total building area and has five or more permanent signs.
b. Whenever the development contains a historic
structure.
c. Whenever a proposed permanent sign exceeds or
cannot comply with the standards required by this
chapter due to unique characteristics of the site or the unique characteristics of the building fagade upon
which the sign is placed.

9. Prohibitions
No person shall erect, re -erect, construct, enlarge, alter, move, improve, remove, convert, or equip any sign or
sign structure or cause or permit the same to be done
contrary to, or in violation of, the provisions of these sign regulations.

10. Prohibited Signs in Old Town
• Freestanding signs
• Roof mounted signs
• Animated, rotating, moving, emitting or flashing
signs
• Balloon signs
• Iridescent materials or day-glow/fluorescent colors
• Ambient air balloons
• Internally illuminated channel letters signs
• Internally illuminated can or cabinet signs
• Front facing exposed bulbs
• Window signs above the second story (except when
in compliance with Section IV.J.13.d).
• Paper, cloth, or plastic streamers or bunting- except holiday decorations (Acceptable during the hours
of City Sponsored events only.)
• Formed plastic signs
• Paper signs affixed to the inside or outside of the
fagade or window
• Exposed raceways
• Traffic sign replicas
• Multiple repetitive signs or repetitive use of words
or symbols as a sign element is not permitted
except for a single band of letters on the inside of a
glass storefront
• Any sign not permitted by this Specific Plan
• Any sign prohibited by the Development Code and
not expressly permitted in this Specific Plan
• Signs within the public right-of-way, unless
approved by the Public Works Director and
the Planning Director.

11. Temporary Banners
Temporary Banner signs in the Downtown Core, Downtown
Core/Hotel Overlay, Residential/Limited Use, Neighborhood Residential and Open Space shall be non -illuminated and shall comply with the Temecula Municipal Code, except the following:
a. Temporary Banner signs shall not exceed 32 sq. ft.
b. Neon colored or day glow signs are prohibited.
c. Temporary Banner signs may be attached to banisters
or other elements of the building or site.
d. Temporary Banner signs in the Civic Zone are intended to benefit businesses within Old Town and the Community
through special events that attract residents and tourists to Old Town and Temecula. Design and duration of temporary
signage placed in the Civic District (CV) may vary or exceed the limitations of the other Districts as needed to support City of Temecula — Old Town Specific Plan
IV-153

IV. LAND USE AND DEVELOPMENT STANDARDS
community events, City sponsored signature events, or civic activities within Old Town.

12. Temporary Portable Sign
a. One temporary portable sign (such as an A -flame or a movable pole sign) is allowed per business.
b. Portable signs may encroach 4 3 feet into the "Frontage Zone" and shall be placed at the primary entryway of the business. A portable sign shall not extend within the public right-of-way or block the free movement of pedestrians. c. The size shall not exceed four feet high and three feet wide. d. A portable sign shall not be placed within the Pedestrian Zone.
e. Portable signs shall not be illuminated or plastic. Portable signs shall be constructed of high quality, durable materials, subject to the review and approval of the Director of Planning. f. A portable sign is intended for daily restaurant or store specials and shall be entirely removed and placed inside the building during non -business hours.
g. No permit is required for portable signs that comply with these provisions.
a�
Figure IV-113 a,b: Example of a portable sign.

13. Sign Placement
a. Except as provided below, signs shall be placed on
the building facade above the primary public entrance
for the business.
b. Tenant wall signs shall be placed no higher than the lowest of the following points on the building facade:
i. 25 feet above grade
ii. Bottom of the sill line of the second floor windows iii. Cornice line/signage band on the first floor of the building
c. Signs shall be placed in harmony with the
architecture and facade of the building.
d. The following signs may be located above the first
floor, provided they are not internally illuminated:
i. Building Name Signs that are painted, etched, or
applied directly to the wall with three dimensional
channel cut letters not to project more than 2 inches
from the surface.
ii. Window Signs (gold leaf and/or black colored);
however, not above the second floor and only one window per frontage per business.
iii. Signs on public buildings located within the Civic Overlay.
iv. Non -illuminated tenant signs shall be permitted on the second or third story (not above third floor) when the
primary entrance of the business is located on the second or third floor and the primary business entrance door is external to the building accessed only by an external
balcony or walkway via an external elevator/stairway or courtyard. Signs shall be placed at business frontage only. v. When a business or tenant occupies more than 50
percent of the total gross building area the tenant or
business may have a sign on the third or fourth story of the building.
■
Figure IV-114a:

Example of inappropriate
sign placement. Sign
placement ignores the
architectural scale of the
fagade and obscures the
horizontal and vertical
elements of the building.

Figure IV114b:

Example of appropriate
sign placement that
respects the architectural
scale of the fagade. The
signage fits entirely
within the horizontal and
vertical elements of the
building.

City of Temecula — Old Town Specific Plan IV-154

i� �i77liJllTC�]��[��►�iMISiIS

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF TEMECULA RECOMMENDING THAT

THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ADOPTING SPECIFIC PLAN
AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC
PLAN TO 1) ADD CLASS IV ENTERTAINMENT

ESTABLISHMENTAS A PERMITTED USE IN THE
DOWNTOWN CORE DISTRICT 2) IMPLEMENT A ONE

YEAR OUTDOOR LIVE ENTERTAINMENT PILOT
PROGRAM 3) AND MAKE A FINDING OF EXEMPTION

UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES SECTION 15061(b)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

A. The Old Town Specific Plan (SP-5) was approved by the City Council on February 22, 1994 by the adoption of Ordinance No. 94-05. Amendment No. 1 to the Old Town Specific Plan (SP-5) was approved on January 23, 1996 by the adoption of Ordinance No. 96-01.

Amendment No. 2 to the Old Town Specific Plan (SP-5) was approved on May 13, 1997 by the adoption of Ordinance No. 97-06. Amendment No. 3 to the Old Town Specific Plan (SP-5) was approved on July 13, 1999 by the adoption of Ordinance No. 99-12. Amendment No. 4 to the Old Town Specific Plan (SP-5) was approved on October 10, 2000 by the adoption of Ordinance No. 00-11. Amendment No. 5 to the Old Town Specific Plan (SP-5) was approved on August 24, 2004 by the adoption of Ordinance No. 04-08. Amendment No. 6 to the Old Town Specific Plan (SP-5) was approved on June 13, 2006 by the adoption of Ordinance No. 06-07.

Amendment No. 7 to the Old Town Specific Plan (SP-5) was approved on May 25, 2010 by the adoption of Ordinance No. 10-09. Amendment No. 8 to the Old Town Specific Plan (SP-5) was approved on September 5, 2017 by the adoption of Resolution No. 17-56. Amendment No. 9 to the Old Town Specific Plan was approved on May 26, 2020 by the adoption of Resolution No. 2020-32. Amendment No. 10 to the Old Town Specific Plan was approved on November 29, 2022 by the adoption of Resolution No. 2022-90. The Old Town Specific Plan as originally approved and as amended by Amendments Nos. 1-10 shall be referred to in this Resolution as the "Specific Plan."
B. The City Council of the City of Temecula certified the Old Town Specific Plan Final Program Environmental Impact Report ("FPEIR") on May 11, 2010.

C. Staff initiated Long Range Project No. LR23-0429, a Specific Plan Amendment, in a manner in accord with the City of Temecula General Plan and Development Code. The purpose of the Specific Plan Amendment No. 11 to the Old Town Specific Plan (SP-5) is to allow for the establishment of a class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan and adopt a one year outdoor entertainment pilot program ("Project").

D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law.

E. On June 5, 2024, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Project at which time all persons interested in these actions had the opportunity and did address the Planning Commission.

F. After hearing all written and oral testimony by staff and all written comments from the public on the proposed actions and duly considering the comments received, the Planning Commission adopted Resolution No. 2024-09 recommending that the City Council adopt the proposed Project.

G. All legal preconditions to the adoption of the Resolution have occurred.

Section 2. Further Findings. Pursuant to Temecula Municipal Code Section

17.16.020, the Planning Commission, in recommending that the City Council approve Amendment No. 11 to the Specific Plan hereby finds, determines and declares that:

A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code.

B. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city.

The proposed Specific Plan Amendment has been reviewed pursuant to the City's General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the live entertainment will be conducted in a manner consistent with the public health, safety and welfare. The proposed Specific Plan Amendment is consistent with Goal 3 of the Economic Development Element of the General Plan which states "A sound economic base providing a fiscal foundation for the City, quality community facilities, and high service levels. "

C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments.

D. The proposed specific plan amendment shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

As identified within the City's General Plan Land Use Element, page LU-30, Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula's downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City's General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (L U-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding neighborhood.

Section 3. CEQA. In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. So this would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific Plan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment.

Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt a resolution approving Specific Plan

Amendment No. 11 to the Old Town Specific Plan in substantially the same form as attached hereto as Exhibit `B."
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 51h day of June, 2024. PA ie
Bob Hagel, Chair
ATTEST:

R 4 t Vk-"
Matt Peters, Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss

CITY OF TEMECULA )
I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2024-09 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 51' day of June, 2024, by the following vote:

AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1 PLANNING COMMISSIONERS: Watts
Matt Peters, Secretary

-N
City of Temecula — Old Town Specific Plan

OLD TOWN

SPECIFIC
PLAN
City of Temecula —May 2.5, 2010

OLD TOWN

SPECIFIC PLAN
Comprehensively revised by the
City Of Temecula
Adopted by City Council on May 25, 2010
Ordinance No. 10-09: Specific Plan Amendment
Ordinance No. 10-10: Zone Change
Clerical revisions made August 11, 2010
Originally Adopted on February 22, 1994
Ordinance No. 94-05
Previous Revisions Adopted:

January 23, 1996
May 13, 1997
July 13, 1999
October 10, 2000
August 24, 2004
June 13, 2006
September 5, 2017
May 26, 2020
November 29, 2022
July 9, 2024
City of Temecula — Old Town Specific Plan
Ordinance No. 96-01
Ordinance No. 97-06
Ordinance No. 99-12
Ordinance No. 00-11
Ordinance No. 04-08
Ordinance No. 06-07
Resolution No. 17-56
Resolution No. 2020-32
Resolution No. 2022-90
Resolution No. 2024-XX

Ill. ADMINISTRATION AND HISTORIC PRESERVATION
A. Introduction.....................................................................................................................................................................

I11-2
B. Authority for the Plan..........................................................................................................................................................111-2 C. Relationship to the General Plan ..............................................................................................................................................III-2 D. Relationship to Other Codes......................................................................................................................................................111-2 E. Relationship to the California Environmental Quality Act.................................................................................................................III-3

1. Cultural and Historic Resources...................................................................................................................................111-3 F. Relationship to Other Regulations............................................................................................................................................ 11I-5
G. Non -Conforming Uses and Structures........................................................................................................................................III-5 H. Temecula Historic Preservation District............................................................................................................................................III-6

1. Purpose and Intent.........................................................................................................................................................11I-6

2. Historical Background....................................................................................................................................................111-6

3. Establishment of the Temecula Local Historic Preservation District..............................................................................................

III-6

4. Temecula Local Historic Register.................................................................................................................................III-6 I. Old Town Local Review Board...............................................................................................................................................III-11

1. Powers and Duties of the Old Town Local Review Board..........................................................................................................

I11-11

I1I-12

III-14
J. Building Permits and Prohibitions............................................................................................................................................111-15 K. Maintenance and Care.........................................................................................................................................................

III-15
L. Additional Provisions for Historic Structures......................................................................................................................................

I1I-15
M. Approval Authority ............................................................................................................................................................III-15 N. Temporary Use Permits...........................................................................................................................................................111-17

1. Purpose and Intent....................................................................................................................................................111-17

2. Permitted Uses....................................................................................................................................................... 111-17
a. Major Temporary Use Permit........................................................................................................................... 11I-17
b. Minor Temporary Use Permit...........................................................................................................................

III-17

3. Authority ..............................................................................................................................................................

I11-18

4. Findings................................................................................................................................................................111-18

5. Conditions of Approval..............................................................................................................................................1I1-1.8

6. Revocation............................................................................................................................................................11I-18 O. General Provisions and Regulations........................................................................................................................................I11-19

1. Effect of the Specific Plan ...............................................................................................................................................

I11-19

2. Minimum Requirements of the Specific Plan....................................................................................................................

I11-19

3. Severability ...........................................................................................................................................................111-19 P. Temporary Use Permits for Outdoor Live Entertainment (Temporary Pilot Program Expires August 8, 2025)..................................................111-19 City of Temecula — Old Town Specific Plan iii

8. Parking................................................................................................................... ............................ _ ....... IV-103

9. Railroad Turntable Preservation Incentives.....................................................................................................................

IV-103

IVY-107

1. Old Town Sidewalk Standards....................................................................................................................................

IV-107
a. Current Sidewalk Conditions............................................................................................................................

IV-107
b. Sidewalk Design Standards ................................ ...............................................................................................

IV-107
c. Required Sidewalk Configuration Between the Property Line and Build -to Line...............................................................

IV-108
d. Sidewalk Cross Sections.................................................................................................................................

IV-111
i. Curb Zone........................................................................................................................................IV-1 I I
ii. Street Furnishing Zone........................................................................................................................

IV-112
iii. Pedestrian Zone............................................................................................... .....IV-113 ............................
iv. Frontage Zone..................................................................................................................................IV-113 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114

2. Old Town Street Standards........................................................................................................................................

IV-115
a. Typical Street Cross Sections...........................................................................................................................

IV-115
b. Moreno Road (north and south loop) Cross Sections................................................................................................

IV-115
c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................

IV-127

IV-133

4. Old Town Street Tree Standards..................................................................................................................................

IV-134
a. Existing Conditions.......................................................................................................................................

IV-134
b. Required Street Tree Design Standards................................................................................................................

IV-135
c. Street Tree Placement.....................................................................................................................................

IV-136
d. Example- Conceptual Street Tree Plan.................................................................................................................IV-1.37 e. Tree Grate Specifications.................................................................................................................................IV-137 f. Street Tree Landscape Palette............................................................................................................................IV-138

5. Old Town Mobility Concept.......................................................................................................................................

IV-1.41
a. Street Improvements......................................................................................................................................

IV-141
i. Roundabout Improvements....................................................................................................................

IV-141
b. Pedestrian Connections/Pedestrian Bridges............................................................................................................IV-141 c. Transit Stops ........................................ .......................................................................................................

IV-142
d. Multi -Use Trails...........................................................................................................................................IV-1.42

1. Alley Standards............................................................. ....................................................................................................

IV-145

111. ADMINISTRATION AND HISTORIC PRESERVATION
CONTENTS:

A. Introduction.....................................................................................................................................................................

III-2
B. Authority for the Plan..........................................................................................................................................................

III-2
C. Relationship to the General Plan..............................................................................................................................................

III-2
D. Relationship to Other Codes......................................................................................................................................................11I-2 E. Relationship to the California Environmental Quality Act.................................................................................................................111-3

1. Cultural and Historic Resources...................................................................................................................................111-3 F. Relationship to Other Regulations............................................................................................................................................ 111-5
G. Non -Conforming Uses and Structures........................................................................................................................................III-5 H. Temecula Historic Preservation District............................................................................................................................................III-6

1. Purpose and Intent.........................................................................................................................................................111-6

2. Historical Background....................................................................................................................................................111-6

3. Establishment of the Temecula Local Historic Preservation District..............................................................................................

III-6

4. Temecula Local Historic Register.................................................................................................................................111-6

1. Old Town Local Review Board...............................................................................................................................................111-11

1. Powers and Duties of the Old Town Local Review Board..........................................................................................................111-11

2. Project Types and Old Town Local Review Board Review Requirements..................................................................................

I11-12
a. Level One Projects........................................................................................................................................111-12 b. Level Two Projects ........................ .............................................................................................................. 1111-12

I11-14
J. Building Permits and Prohibitions .................. ....... ................................................................................................................... 111-15
K. Maintenance and Care......................................................................................................................................................... 111-15
L. Additional Provisions for Historic Structures......................................................................................................................................111-15 M. Approval Authority ............................................................................................................................................................

I11-15
N. Temporary Use Permits...........................................................................................................................................................

III-17

1. Purpose and Intent....................................................................................................................................................111-17

2. Permitted Uses.......................................................................................................................................................

III-17
a. Major Temporary Use Permit........................................................................................................................... 11I-17
b. Minor Temporary Use Permit...........................................................................................................................

III-17

3. Authority ..............................................................................................................................................................111-18

4. Findings................................................................................................................................................................111-18

5. Conditions of Approval..............................................................................................................................................111-18

6. Revocation............................................................................................................................................................111-18 O. General. Provisions and Regulations........................................................................................................................................

III-19

1. Effect of the Specific Plan...............................................................................................................................................

I11-19

2. Minimum Requirements of the Specific Plan....................................................................................................................

I11-19

3. Severability ...........................................................................................................................................................111-19 P. Temporary use permits for outdoor live entertainment (Temporary Pilot Program Expires August 8, 2025) ..................................................... 111-19
City of Temecula — Old Town Specific Plan

III. ADMINISTRATION AND HISTORIC PRESERVATION
TABLE IH-4: APPROI[ tL AUTHORITY
Application Type
OTLRB Review
Administrative
Director of
Planning Commission
City Council
Approval
Planning Approval
A royal
Approval
Development Plan — 10,000 s.f. and under
X,
X6
Development Plan — over 10,000 s.f.

X'
X
Major Modification
X2
V 6
X3
X'
Minor Modifications
X'
X`'
Minor Conditional Use Permit — existing
X4,6
building
Conditional Use Permit
X5.6
X5
Finding of Historic Appropriateness
V 7
X6,'
X6•7
V
X'
Temporary Use Permit'
X6
Footnotes:

2.) Considered a Level Two Project which requires review and recommendation by the OTLRB before the project can be approved by the appropriate approving authority.

4.) Minor Conditional Use Permits, which are for conditionally permit uses to be conducted within an existing building, may be approved by the Director of Planning at a noticed public hearing.

5.) A Conditional Use Permit with a Development Plan shall be approved by the hearing body required for the Development Plan.

6.) For matters that are considered to have unique circumstances, special significance or aesthetic impacts, the Director of Planning may refer such matters to the Planning Commission.

8.) Outdoor Dining or Sidewalk Cafes require the approval of a Minor Modification if not approved as a part of the original Development Plan.

9.) Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P.

City of Temecula— Old Town Specific Plan I11-16

III. ADMINISTRATION AND HISTORIC PRESERVATION.

N. TEMPORARY USE PERMIT(TUP)

12.12 of the Temecula Municipal. Code, Parades and
Special Events on Public Property.

The temporary use permit allows for short-term
activities or events that may be appropriate within the Old Town Specific Plan area when regulated.

Temporary Use Permits are limited to one permit per
business per quarter for each calendar year, except as
set forth in Section.P of this Chapter.
a. Major Temporary Uses
The following major temporary uses may be permitted,
subject to the review and approval a Major Temporary
Use Permit:
i. Fairs, festivals, concerts, outdoor live entertainment, and similar activities when not held within a facility
designed to accommodate such an event or use such as
auditoriums, stadiums, or other public assembly
facilities. Major Temporary Use Permits issued for the
uses described above are subject to the following
requirements:
• The number of Major Temporary Use Permits
issued for fairs, festivals, concerts, outdoor
live entertainment, and similar activities in Old
Town may not exceed one per business for
every quarter for each calendar year, except as
set forth in Section P. Fairs, festivals, concerts,
outdoor live entertainment, and similar
activities shall not exceed two consecutive
days in length.
• Major Temporary Use Permits issued for City
Sponsored Signature Events and/or special
events where the City is the applicant are not
subject to the quarterly limit.
• Major Temporary Uses for fairs, festivals,
concerts, outdoor live entertainment, and
similar activities shall not be permitted in the
Neighborhood Residential (NR) zoning
district.
• See Section P of this Chapter for specific
regulations pertaining to TUP's for Outdoor
Live Entertainment.
ii. Real estate offices and model homes within approved development projects.
iii. On and off -site contractors'
conjunction with an approve(
project.
x�sif�a'
construction yards in
active development
iv. Christmas tree sales lots. Such activity shall be only held from November I st through December 31
v. Pumpkin sales lots.
b. Minor Temporary Uses
The following minor temporary uses may be permitted,
subject to the review and approval of a Minor
Temporary Use Permit.
i. Outdoor display and sales of merchandise within the
Downtown Core and Residential/Limited Mixed -Use
districts that exceed the regulations set forth in Section

Ill. ADMINISTRATION AND HISTORIC PRESERVATION
O. GENERAL PROVISIONS AND

REGULATIONS

P. TEMPORARY USE PERMITS FOR OUTDOOR

LIVE ENTERTAINMENT

1. Intent and purpose.

The purpose of this Council directed policy is to allow for ancillary outdoor live entertainment in an
experimental capacity and is not intended to be the
primary use of any establishment.

The provisions, permitting process, forms, fees, and
findings set forth in section N above for a Major TUP
shall be followed unless in conflict with this section in which case this section shall prevail.

Establishments that have and maintain in good order a
Conditional Use Permit (CUP) that permits outdoor live
entertainment are exempt from this section.

This section does not permit or authorize any permanent land use or entitlement and does not constitute a vested interest or right of any kind.
i. All TUP's issued under this provision shall
limit outdoor live entertainment between the
hours of 10:00:00 am — 8:59:59 pm, every day
of the week.
ii. TUP's shall be limited in location to include
all aspects of the event, to a developed parcel
within the Downtown Core District as shown
in Exhibit IV-1: Old Town RegulatinIz Plan.
iii. TUP's that intend to serve, sell, or provide
alcohol shall obtain any and all required
permits or licenses necessary for such alcohol.
iv. Establishments permitted for indoor live
entertainment shall be subject to these
requirements if the establishment opens doors,
windows or other means for the transmission
of entertainment outdoors.
v. TUP's issued under this provision shall be
exempt from the requirements of "Note 9" on
"Fable 111-4: Approval Authority.
vi. All Tt1P's issued under this section shall:
a. Prohibit percussion instruments:
b. Prohibit Disc Jockevs (DJ's) or
similar entertainment from occurring:
and
c. Prohibit speakers, and similar
amplified sound emitting devices,
from pointing outward towards
neighboring parcels.
vii. No TUP shall allow or provide outdoor live
entertainment during Santa's Electric Light
Parade, July 4°i Parade or any other City
sponsored parade in Old Town that closes any
portion of Old Town Front Street.
viii. All site plans provided for a TUP under this
section shall include all audio equipment,
speakers, stages, lighting, and all other aspects
of the performance.
ix. Video, streaming or any form of digital image
or sound projection of performances shall not
constitute live entertainment.

X. All TUP's issued under this section shall
comply with Chapter 9.20 (Noise) of the
Temecula Municipal Code.

City of Temecula— Old Town Specific Plan 111-19

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS

VI-107

1. Old Town Sidewalk Standards....................................................................................................................................

IV-107
a. Current Sidewalk Conditions............................................................................................................................

IV-107 Tim
b. Sidewalk Design Standards...............................................................................................................................IV-107 c. Required Sidewalk Configuration Between the Property Line and Build -to Line...............................................................

IV-108
d. Sidewalk Cross Sections.................................................................................................................................

IV-109
e. Removal of Wooden Boardwalk.........................................................................................................................IV-] 10 f. Establishment of the Sidewalk. Zones..................................................................................................................IV-] I I
i. Curb Zone........................................................................................................................................IV-1 I I
ii. Street Furnishing Zone........................................................................................................................

IV-] 12
... Pedestrian Zone................................................................................................................................IV-1.13 ui
iv. Frontage Zone..................................................................................................................................IV-] 13 g. Typical Sidewalk Zone Widths..........................................................................................................................IV-114

2. Old Town Street Standards........................................................................................................................................

IV-115
a. Typical Street Cross Sections...........................................................................................................................

IV-115
b. Moreno Road (north and south loop) Cross Sections................................................................................................

IV-115
c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek........................................................................

IV-127

IV-132
d. Roundabouts...............................................................................................................................................

IV-133

4. Old Town Street Tree Standards..................................................................................................................................

IV-134
a. Existing Conditions.......................................................................................................................................

IV-134
b. Required Street Tree Design Standards................................................................................................................IV-135 ............................................................... c. Street Tree Placement......................................................................

5.Old Town Mobility Concept.......................................................................................................................................

IV-141
a. Street Improvements......................................................................................................................................

IV-141
i. Roundabout Improvements....................................................................................................................

IV-1.42
d. Multi -Use Trails...........................................................................................................................................IV-142

1. Alley Standards.................................................................................................................................................................

IV-145

2. Private Residential and Commercial Alleyways........................................................................................................................IV-149

3. Preservation of Existing Alleys in Old Town...................................................................................................................

IV-149
City of Temecula — Old Town Specific Plan IV-5

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
B. ESTABLISHMENT OF THE ZONING

City of Temecula — Old Town Specific Plan IV-9

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
']'ABLE IV-]: LAND USE 1IATRIX

LIST OF USES
Residential -Limited Mixed -Use
(WLMU)
Downtown Core (D'ITC')/ Downtown
Core -Hotel Overlay (DTC/HO)
Neighborhood Residential
(NR)
.Adult Entertainment Businesses
-
-
Alcoholic Beverage Sales
C144-5
C15
Art Studio "ith or without a gallery
P'
P1
Bar, Cocktail L,ouu gc"
C
-
Beer Tasting Establishment'`
� ''
C''
Bed and Breakfast
C
C
Communitv Care Facility (6 or FeNxer)
-
P
Conummin Care Facility 7 to Id
-
-
C
Day Cara/Preschool
C
C"
Day Spa - (Full Service)
PI
1'
-
Drive-thnt BUSInaJSeS (includes catim) cstahlishmcnts and hank,) -
-
Escape Rooms
C
C
Farmers Market
C
C
-
Iiealth and fitness dance, martial arts studio
P'
1"
Home OCaU ation
1'
1'
P
Cigar/Hookah Club(private membership only)
C
C
-
Hotel
P3
1'4
Entertainment
See Municipal Codes is
See Municipal Code" "
Massage Facilities
-
-
Museum
-
1'
-
Nei 'hborhood market_ grocery store
1"
1'
-
Offiee-Administrative/Professional/Medical
P
1''
Perfonnine Arts
P
Personal Services
]"
P2
-
Residential -Attached
IZesidcutial - Detached
-
P
Residential—Live/AVork
C
C
Restaurant without Alcohol"'' `
'
P'
-
IZCSWUrttnt "-ith Beer and Wine"
P"
I"
-
Restaurant with Beer, Wine, and Distilled Spirits 31 15 C
(
-
Itcstaurant with Entertainment not including dancing)" 1,15 Sce Municipal Code'
tiee Municipal Code5,'a
-
Re�Lfflrant with Entertainment and.'or Dancing'
See Municipal Code'
See Municipal Code', t+
City of Temecula — Old Town Specific Plan IV-] I

IV. LAND USE AND URBAN DEVELOPMENT STANDARDS
-
kitloo Studio
I'ra& Educational Institution
Fntcrtainment Establishment
t ine Producin Micro Brewery — (Type 02 ABC' License onl -L P
p-
-
Wine Tasting Facility — (Type 02 ABC License only) !`
P8
1)1
-
W ine l'astin * Facilitvi`
CIO
C 1b
-
Except hotel operations, business activities within the Residential/Limited Mixed -Use and Neighborhood Residential during the hours of 12:00 a.m. and 5:00 a.m, shall require a Conditional Use Permit.

Any use not explicitly stated above shall require a use determination by the Planning Commission.

P Use is permitted by right
C Use is permitted with a Conditional Use Permit
- Use is not permitted
I. Use is limited to ground floor only.

2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Town Front Street or Main Street.

S. Outdoor entertainment is not permitted in Old Town. City sponsored signature events and/or events when the City is the applicant are exempt. Outdoor live entertainment may be considered for private businesses in Old,'own with a Temporary Use Permit as appropriately conditioned, limited to one event per quarter per Section I1I.N.

6. Ground floor residential not permitted in the Downtown Core area along Old Town Front Street and Main Street.

9. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower).

9. Outdoor Dining or Sidewalk Cafes are permitted in conjunction with a restaurant subject to the review and approval of a Minor Modification or as approved with a Development Plan application.

10. Premises with or without the product sale for off -site consumption applying for any Department of Alcoholic Beverage Control License type other than a Type 02 (Winery/Winegrower).

11. Subject to Chapter 17.10 Supplemental Development Standards of the Development Code.

12. This use is permitted on either the ground floor or second floor.

13. Premises with or without the product sale for off -site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing - Duplicate)

14. Subject to Municipal Code Section 9.10 (Entertainment License)

15. Subject to Municipal Code Section 17.09 (Alcohol). and limited to the Downtown Core District City of Temecula — Old Town Specific Plan
lv-1,_

Figure IV-9: Allowable encroachments in the DTC and DTC/HO City of Temecula — Old Town Specific Plan
Table IV-I1:

Allowable Encroachments in Downtown Core/Downtown Core Hotel Overlay District
Building Element:

Over the build-
Over the build -to
Into
to line (typical
line side street
Side/Rear
lot or lot with
(corner lot):

Yard setback
creek frontage):
(with or
without
alley):

A. Architectural features
5 feet maxinnun
5 feet maximum
0 feet
such as cornices, eaves,
overhangs, and other
decorative building elements
B. Balconies, patios or
IU feet
10 feet maximum
0 feet
terraces (above first floor)
maximum
C. Awning or Canopy
8 10 feet
S 10 feet
0 feet
maxin,
maximum
D. Bay Window
? feet maxims rn
2 feet maximum
0 feet
E. Urban accent landscaping
3 feet maximum
3 feet maximum
—potted, or hanging plants,
etc.

Table 1V-12:

Old Totvn Front Street
London Plane (,Plantus x Acerifolia `Bloodgood')
First Street (east of Old Town Front Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Second Street:

London Plane (Plantus x Acerifolia `Bloodgood')
Third Street:

London Plane (Plantus x Acerifolia Bloodgood')
FourthStreet:

London Plane (Plantus x Acerifolia `Bloodgood')
Fifth Street:

London Plane (Plantus x Acerifolia `Bloodgood')
Sixth Street (east of Old Town Front Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Main Street east of .Murrieta Creek:

London Plane (Plantus x Acerifolia `Bloodgood')
Main Street west of :1 hrrrieta Creek:

London Plane (Plantus x Acerifolia `Bloodgood')
Mercedes Street:

London Plane (Plantus x Acerifolia Bloodgood')
;Moreno Road:

London Plane (Plantus x Acerifolia `Bloodgood')
City of Temecula- Old Town Specific Plan
Pujol Street:

London Plane (Plantus x Acerifolia `Bloodgood')
First Street (west oj'Old Town Frond ,Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Sixth Street (west of Old Town Front Street):

London Plane (Plantus x Acerifolia `Bloodgood')
Felix lalde�:

London Plane (Plantus x Acerifolia `Bloodgood')
Murrieta Creek Trail:

California Sycamore (Platanus Racemosa)
Figure IV-101: Liquid Amber
Figure IV-102: London Plane
IV-138

IV. LAND USE AND DEVELOPMENT STANDARDS

10. Prohibited Signs in Old Town
• Freestanding signs
• Roof mounted signs
• Animated, rotating, moving, emitting or flashing
signs
• Balloon signs
• Iridescent materials or day-glow/fluorescent colors
• Ambient air balloons
• Internally illuminated channel letters signs
• Internally illuminated can or cabinet signs
• Front facing exposed bulbs
• Window signs above the second story (except when
in compliance with Section IV.J.13A).
• Paper, cloth, or plastic streamers or bunting- except holiday decorations Acceptable dnrim� the hours
of City Sponsored events only.)
• Formed plastic signs
• Paper signs affixed to the inside or outside of the
facade or window
• Exposed raceways
• Traffic sign replicas
• Multiple repetitive signs or repetitive use of words
or symbols as a sign element is not permitted
except for a single band of letters on the inside of a
glass storefront
• Any sign not permitted by this Specific Plan
• Any sign prohibited by the Development Code and
not expressly permitted in this Specific Plan
• Signs within the public right-of-way, unless
approved by the Public Works Director and
the Planning Director.

IV. LAND USE AND DEVELOPMENT STANDARDS
community events, City sponsored signature events, or civic activities within Old Town.

12. Temporary Portable Sign
a. One temporary portable sign (such as an A -frame or a movable pole sign) is allowed per business.
b. Portable signs may encroach 4 3 feet into the "Frontage Zone" and shall be placed at the primary entryway of the business. A portable sign shall not extend within the public right-of-way or block the free movement of pedestrians. c. The size shall not exceed four feet high and three feet wide. d. A portable sign shall not be placed within the Pedestrian Zone.
e. Portable signs shall not be illuminated or plastic. Portable signs shall be constructed of high quality, durable materials, subject to the review and approval of the Director of Planning.

E A portable sign is intended for daily restaurant or store specials and shall be entirely removed and placed inside the building during non -business hours.
g. No permit is required for portable signs that comply with these provisions.

Figure IV-/ 13 a,b: l xample of 'a portable sign.

Example of inappropriate
sign placement. Sign
placement ignores the
architectural scale of the
facade and obscures the
horizontal and vertical
elements of the building.

Figure IVI14b:
l xample of appropriate
sign placement that
respects the architectural
scale of the facade. The
signage fits entirely
ivithin the horizontal and
vertical elements of the
building.

City of Temecula — Old Town Specific Plan IV-154

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ESTALISHING AN ENTERTAINMENT

LICENSE FEE

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council has the authority to establish application review fees. As such, the City Council has the authority to establish a fee for the review of Entertainment License applications.

Section 2. The City Council herby finds and determines that, based upon its review of the information and analysis of City Staff, the proposed establishes a reasonable fee for staff to conduct Entertainment License application reviews.

Section 3. The City Council herby approves the following fee schedule:

Entertainment License Class
Fee
Class I
$100
Class II
$250
Class III
$500
Class IV
$500
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9tn day of July, 2024.

James Stewart, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Notice of Public Hearing

THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.

Case No.: Long Range Project No. LR23-0429
Applicant: City of Temecula Location: Citywide
Proposal: 1. Adopt an ordinance of the City Council of the City of Temecula amending Titles 9, and 17 of the Temecula Municipal Code to 1) implement and define a class iv entertainment license, 2) amend table 17.08.030 (schedule of permitted uses commercial/office/industrial districts) to 3) implement and define a Class IV Entertainment License, 4) amend Table 17.08.030 (Schedule of permitted uses commercial/office/industrial districts) to include Class IV Entertainment Establishment as a non -permitted use in all zones but allowed in the old town specific plan and adding a note referencing chapter 17.09 (Alcohol), 5) create a new chapter 17.09 (Alcohol) and relocate all alcohol requirements from chapter 17.10 (Supplemental development standards) to chapter 17.09 (Alcohol), 6) create standards for Entertainment Establishments; 2. Adopt a Resolution of the City Council of the City of Temecula adopting Specific Plan Amendment No. 11 to the Old Town Specific Plan to 1) add Class IV Entertainment Establishment as a permitted use in the downtown core district 2) implement a one year outdoor live entertainment pilot program; and 3.

Adopt a Resolution of the City Council of the City of Temecula establishing a Class IV Entertainment License Fee.

Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed projects are exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)).

PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: July 9, 2024 TIME OF HEARING: 6:00 PM
On June 5, 2024, the Planning Commission considered the draft Ordinance amending Titles 9 and 17 of the Municipal Code and adopted a Resolution 2024-08 recommending that the City Council adopt the ordinance with the following changes: (1) revise Section 9.10.125(B)(1) to address the processing of one class IV entertainment establishment license on a first come, first served basis; (2) adding a new Section 9,10.125(C)(4) to establish standards for alcohol sales identification through wristbands, and (3) clarify the language regarding the hours of last call.

On June 5, 2024, the Planning Commission considered the draft Resolution amending Titles 9 and 17 of the Municipal Code and adopted a Resolution 2024-08 recommending that the City Council adopt Specific Plan Amendment No. 11 to the Old Town Specific Plan with the revision that any temporary use permits for outdoor live entertainment be subject to the City's noise ordinance.

AVAILABILITY OF MATERIALS RELATED TO THE PROPOSED RESOLUTION ADOPTING FEES FOR CLASS IV ENTERTAINMENT LICENSES: Pursuant to Government Code sections 66016, and 66018, the City will: (a) make available to the public, at least ten (10) days prior to its public hearing, data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues; (b) mail notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased fees or service charges. This data will be posted on the City's website at www.TemeculaCA.gov , not less than ten (10 days) prior to the public hearing.

Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.

The proposed draft ordinance and draft resolutions may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00

p.m. Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Community Development Department, (951) 506-5172.

City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov

VIA -ELECTRONIC SUBMITTAL
CEQAProces sing_gasrclkrec. com
July 24, 2024
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Application No. LR23-0429 Dear Sir/Madam:

Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a receipt in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law.

Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.

Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.

If you have any questions regarding this matter, please contact Mark Collins at email Mark. Collins(cr� TemeculaCA. gov.

Sincerely,
Matt Peters
Acting Director of Community Development
Attachments: Project Notice of Exemption Form
County Administrative Filing Fee Receipt

City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM:Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Long Range Application No. LR23-0429, Alcohol Description of Project: An Ordinance of the City Council of the city of Temecula amending Titles 9 and 17 of the Temecula municipal code to 1) implement and define a class IV entertainment license, 2) amend Table

17.08.030 (Schedule of permitted uses commercial/office/industrial districts) to include class IV entertainment establishment as a non permitted use in all zones but allowed in the old town specific plan and adding a note referencing chapter 17.09 (alcohol), 3) create a new chapter 17.09 (alcohol) and relocate all alcohol requirements from chapter 17.10 (supplemental development standards) to chapter 17.09 (alcohol), 4) create standards for entertainment establishments , and adopt a resolution of the city council of the city of Temecula adopting specific plan amendment No. 11 to the Old Town Specific Plan to 1) add class IV entertainment establishment as a permitted use in the downtown core district 2) implement a one year outdoor live entertainment pilot program and a resolution of the city council of the city of Temecula establishing a class IV entertainment license fee.

Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above described project on July 23, 2024 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.

Exempt Status: (check one)
❑ Ministerial (Section 21080(b)(1); Section 15268);
❑ Declared Emergency (Section 21080(b)(3); Section
15269(a));
❑ Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
❑ Statutory Exemptions (Section Number: )
® Categorical Exemption; (Section Number 15061 (b)(3))
❑ Other: Section 15162 Categorical Exemption
Statement of Reasons Supporting the Finding that the Project is Exempt:

In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed ordinance amends Titles 9 and 17 of the Temecula Municipal Code to implement the Type 90 ABCLicense, updates standards for alcohol serving businesses and relocates all alcohol standards to a new chapter (Chapter 17.09 `Alcohol'), update the Old Town Specific Plan to implement a temporary outdoor live entertainment program and establish fees for such applications. The proposed changes do not authorize any construction and no physical changes to the environment will occur as a result of this action.

Contact Person/Title: Mark Collins/Associate Planner
Signature:

Matt Peters, Acting Director of Community Development
Date received for filing at the County Clerk and Recorders Office:

Phone Number: (951) 506-5172
Date:

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2024
SUBJECT: Introduce Ordinance Amending Chapter 8.48, Heritage Tree Ordinance, of the Temecula Municipal Code in its Entirety to Establish the City of Temecula Protected Tree Ordinance
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council introduce an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.48, HERITAGE TREE

ORDINANCE, OF THE TEMECULA MUNICIPAL CODE IN ITS

ENTIRETY SO AS TO ESTABLISH THE CITY OF TEMECULA

PROTECTED TREE ORDINANCE AND FINDING THAT THIS

ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15378 (13)(5) AND 15061 (13)(3)

SUMMARY OF
ORDINANCE: An Amendment to Chapter 8.48, Heritage Tree Ordinance, of the Temecula Municipal Code, in its entirety, so as to establish the City of Temecula Protected Tree Ordinance and Finding that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15378 (b)(5) and 15061 (b) (3). The Amendment will incorporate the City's Urban Forest Management Plan (UFMP) which sets forth the City's policies and guidelines for planting and maintenance programs for the care and protection of its trees. The Public Works Director shall periodically update and make revisions and amendments to the plan, subject to City Council approval. This plan shall include the species, sizes, and locations of street trees to be planted. The Amendment will set forth that trees on the street tree master list shall be designated by the Director and approved by the City Council. The list shall be reviewed periodically by the Director and planning commission and shall be kept on file in the Director's office.

Additionally, the Amendment is established to recognize oak tree species (Quercus spp.), California bay laurel (Umbellularia californica), California black walnut (Juglans californica), toyon (Heteromeles arbutifolia), and California sycamore (Platanus racemosa) trees, and other mature trees as significant valuable ecological resources as well as valuable environmental assets of special significance to the community. The Amendment also includes the application of management techniques to control the pruning, cutting, shaping, and for the removal or relocation of Protected Trees. The preservation program outlined in this Chapter will contribute to the welfare and aesthetics of the community and retain the historical significance of these trees.

BACKGROUND: On July 14, 2009, the City Council adopted the Heritage Tree Ordinance, adding Chapter 8.48 to Title 8 of the Temecula Municipal Code. On March 15, 2019, the Department of Public Works applied to the California Department of Forestry and Fire Protection (CAL Fire), for the Temecula UFMP and Inventory project, for consideration of grant funding from the 2019/20 CAL Fire Urban and Community Forestry Program. On March 20, 2019, the City was notified that it had been awarded grant funding in the amount of $323,930 for the project.

The project was to include the planting of approximately 300 trees, to develop a tree inventory and canopy assessment, preparing an Urban Forest Management Plan, update ordinance and policy updates, and providing tree -planting events for community input. In addition, as part of the grant program guidelines and overall project close out requirements, the City is to formally adopt the Urban Forest Management Plan.

The Public Works Department staff, along with Dudek, a consulting services firm, developed and completed the City of Temecula's UFMP. The UFMP provides an outline of Temecula's urban forest that will be implemented over the next 40 years, including a strategic plan with goals, objectives, and actions based on identified needs. The UFMP incorporates the current Street Tree Master Plan, the City's existing tree inventory and canopy analysis, and key findings as to current practices, plans, policies, and ordinances. In accordance with the Urban and Community Forestry Program Grant Guidelines, applicants must agree to officially adopt the UFMP as a guiding policy document in an ordinance, a general plan element, or other binding, enforceable way as approved by CAL Fire. On February 27, 2024, the City Council approved Resolution No. 2024-15 to adopt the Urban Forest Management Plan in accordance with the CAL Fire 2019/2020 Urban and Community Forest Program Grant Guidelines.

On March 20, 2024, staff provided a staff report and brief presentation regarding the Amendment to Chapter 8.48 to the Planning Commission, and after considerable review, multiple questions posed, and recommendations made by Members of the Planning Commission, staff was asked to take the additional time needed to address the Commissioners requests and bring the item back for consideration at a later meeting.

On April 17, 2024, staff met with the Planning Commissions Municipal Code Maintenance Sub - Committee, including Commissioner's Hagel and Ruiz. At the meeting, staff presented the list of the most pertinent issues brought about at the March 20, 2024 meeting, and reviewed each topic with the Commissioner's. Items discussed included additional fire hardening, health & safety

concerns, clarification of the permit application and approval processes, violations, enforcement, and restitution, and on -site and off -site removal or relocation specifications.

On June 19, 2024, staff provided a brief staff report and presentation in continuance of the Protected Tree Ordinance Amendment, Chapter 8.48 to the Planning Commission, whereas the Planning Commission unanimously approved to recommend that the City Council adopt an Ordinance amending Chapter 8.48 of the Temecula Municipal Code, as the Protected Tree Ordinance.

Temecula City CouncilJuly 9, 2024

Temecula City Council
July 9, 2024