HomeMy WebLinkAbout012616 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City
to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]
AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JANUARY 26, 2016 – 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 PM - The City Council will convene in Closed Session in the Canyons Conference
Room on the third floor of the Temecula City Hall concerning the following matters:
1. Conference with Legal Counsel—Existing Litigation. The City Council will meet in
closed session with the City Attorney pursuant to Government Code Section
54956.9(d)(2) with respect to one matter of pending litigation: The People of the
State of California and City of Temecula v. Cooperative Patient Services, et. al.,
Riverside County Superior Court No. RIC 1103777.
2. Conference with Legal Counsel—Pending Litigation. The City Council will meet in
closed session with the City's Workers' Compensation Contract Attorney pursuant
to Government Code Section 54956.9(d)(2) with respect to two matters of pending
litigation: Resolution of Workers' Compensation claims pursuant to Title 8 California
Code of Regulations sections 10393, 10878, 10870, et. seq., and Labor Code
sections 5502, 5001, et seq. A point has been reached where, in the opinion of the
City's Worker's Compensation Attorney, based on existing facts and circumstances,
there is a significant exposure to litigation against the City.
Next in Order:
Ordinance: 16-02
Resolution: 16-04
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Margaret Meyncke
Invocation: Pastor Jim Diaz of Reliance Church
Flag Salute: Mayor Pro Tem Maryann Edwards
ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar
1
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel from Outgoing Mayor Jeff Comerchero to Incoming Mayor Mike
Naggar
Presentation of Proclamation for National Wear Red Day to American Heart Association
Presentation of Certificate of Achievement to Tyler James Waterman of Troop #337 for
Attaining the Rank of Eagle Scout
Presentation of Certificates of Achievement to Great Oak High School Cross Country
Teams
PUBLIC COMMENTS
A total of 30 minutes is provided for members of the public to address the City Council on
items that appear within the Consent Calendar or a matter not listed on the agenda. Each
speaker is limited to three minutes. If the speaker chooses to address the City Council on
an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to
Speak form may be filled out and filed with the City Clerk prior to the City Council
addressing Public Comments and the Consent Calendar. Once the speaker is called to
speak, please come forward and state your name for the record.
For all Public Hearing or Council Business items on the agenda, a Request to Speak form
may be filed with the City Clerk prior to the City Council addressing that item. Each
speaker is limited to five minutes.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, 10 minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Waive Reading of Standard Ordinances and Resolutions
RECOMMENDATION:
1.1
That the City Council waive the reading of the text of all standard ordinances and
resolutions included in the agenda except as specifically required by the
Government Code.
2
2 Approve the Action Minutes of January 12, 2016
RECOMMENDATION:
2.1 That the City Council approve the action minutes of January 12, 2016.
3 Approve the List of Demands
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Adopt Ordinance 16-01 Adding Chapter 8.52, Marijuana Cultivation, to the Temecula
Municipal Code Prohibiting Cultivation of Marijuana in the City, Amending the Zoning
Ordinance Prohibiting Marijuana Cultivation In All Zones, Amending the Definition of
Enforcement Official and Finding this Ordinance is Exempt from the California
Environmental Quality Act Pursuant To CEQA Guidelines, Section 15061(B)(3)
(Second Reading)
RECOMMENDATION:
4.1 That the City Council adopt an ordinance entitled:
ORDINANCE NO. 16-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO
PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY,
AMENDING THE ZONING ORDINANCE TO PROHIBIT
MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE
DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT
TO CEQA GUIDELINES, SECTION 15061(B)(3)
5 Approve an Agreement with the County of Riverside for Law Enforcement Services
RECOMMENDATION:
5.1 That the City Council approve an Agreement with the County of Riverside for
Law Enforcement Services.
3
6 Approve Sponsorship Agreement with the Inland Valley Business Community
Foundation (IVBCF) for Fashion Week Event — April 14 — 16, 2016 for In-kind
Promotional Services for Fiscal Year 2015-16 (At the Direction of the Economic
Development Committee Mayor Pro Tem Edwards and Council Member Comerchero)
RECOMMENDATION:
6.1 That the City Council approve the Sponsorship Agreement with Inland Valley
Business Community Foundation (IVBCF) for in-kind promotional services
valued at $11,415 for Fashion Week event to be held April 14 — 16, 2016.
7 Approve an Agreement with MDG Associates, Inc. for the Preparation of the CDBG
2017-2021 Consolidated Plan and Analysis of Impediments to Fair Housing Choice
RECOMMENDATION:
7.1 That the City Council approve an Agreement with MDG Associates, Inc., in the
amount of $38,400, for the preparation of the CDBG 2017-2021 Consolidated
Plan and Analysis of Impediments to Fair Housing Choice.
8 Approve the Second Amendment to the Agreement for Consulting Services with
Environmental Science Associates for an Environmental Impact Report for the Altair
Specific Plan
RECOMMENDATION:
8.1 That the City Council approve the Second Amendment to the Agreement for
Consultant Services with Environmental Science Associates, in the amount of
$5,000, for a total agreement amount of $320,789, for the preparation of an
Environmental Impact Report for the Altair Specific Plan.
9 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for
the Pavement Rehabilitation Program — Temecula Parkway (Bedford Court to Pechanga
Parkway), PW12-13
RECOMMENDATION:
9.1 Approve the Plans and Specifications, and Authorize the Department of Public
Works to Solicit Construction Bids for the Pavement Rehabilitation Program —
Temecula Parkway (Bedford Court to Pechanga Parkway), PW12-13;
9.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical
Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND
THE TEMECULA PUBLIC FINANCING AUTHORITY
********************
4
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: CSD 16-01
Resolution: CSD 16-01
CALL TO ORDER: President Jeff Comerchero
ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero
CSD PUBLIC COMMENTS
A total of 30 minutes is provided for members of the public to address the Board of
Directors on items that appear within the Consent Calendar or a matter not listed on the
agenda. Each speaker is limited to three minutes. If the speaker chooses to address the
Board of Directors on an item listed on the Consent Calendar or a matter not listed on the
agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to
the Board of Directors addressing Public Comments and the Consent Calendar. Once the
speaker is called to speak, please come forward and state your name for the record.
For all Public Hearing or District Business items on the agenda, a Request to Speak form
may be filed with the City Clerk prior to the Board of Directors addressing that item. Each
speaker is limited to five minutes.
CSD CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Temecula Community Services District request specific items be removed from the
Consent Calendar for separate action.
10 Approve the Action Minutes of January 12, 2016
RECOMMENDATION:
10.1 That the Board of Directors approve the action minutes of January 12, 2016.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, February 9, 2016, at 5:30 PM, for a Closed Session, with regular
session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula,
California.
5
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: SARDA 16-01
Resolution: SARDA 16-01
CALL TO ORDER: Chairperson Mike Naggar
ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar
SARDA PUBLIC COMMENTS
A total of 15 minutes is provided for members of the public to address the Board of
Directors on items that appear within the Consent Calendar or a matter not listed on the
agenda. Each speaker is limited to three minutes. If the speaker chooses to address the
Board of Directors on an item listed on the Consent Calendar or a matter not listed on the
agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to
the Board of Directors addressing Public Comments and the Consent Calendar. Once the
speaker is called to speak, please come forward and state your name for the record.
For all Public Hearing or Agency Business items on the agenda, a Request to Speak form
may be filed with the City Clerk prior to the Board of Directors addressing that item. Each
speaker is limited to five minutes.
SARDA BUSINESS
11 Approve Recognized Obligation Payment Schedule for the Period of July 1, 2016
through June 30, 2017 (ROPS 16-17)
RECOMMENDATION:
11.1 That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. SARDA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF
JULY 1, 2016 THROUGH JUNE 30, 2017 PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND TAKING
CERTAIN ACTIONS IN CONNECTION THEREWITH
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTORS REPORTS
SARDA ADJOURNMENT
Next regular meeting: Tuesday, February 9, 2016, at 5:30 PM, for a Closed Session, with regular
session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
6
TEMECULA HOUSING AUTHORITY — No Meeting
TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s) at
the time of the hearing. If you challenge any of the project(s) in court, you may be limited
to raising only those issues you or someone else raised at the public hearing or in written
correspondence delivered to the City Clerk at, or prior to, the public hearing.
12 Approve Planning Application Number PA15-0520 & PA15-0521, a Development Plan
and Conditional Use Permit to Allow for the Construction and Operation of a 4,285
Square Foot Car Wash Generally Located on the Northwest Corner of Jefferson Avenue
and Del Rio Road at 28111 Jefferson Avenue
RECOMMENDATION:
That the City Council conduct a Public Hearing and:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA15-0520, A DEVELOPMENT PLAN TO ALLOW FOR THE
CONSTRUCTION OF AN APPROXIMATELY 4,285 SQUARE
FOOT CAR WASH GENERALLY LOCATED ON THE
NORTHWEST CORNER OF JEFFERSON AVENUE AND DEL
RIO ROAD AT 28111 JEFFERSON AVENUE, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-006)
12.2 Adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA15-0521, A CONDITIONAL USE PERMIT TO ALLOW FOR
THE OPERATION OF AN APPROXIMATELY 4,285 SQUARE
FOOT CAR WASH GENERALLY LOCATED ON THE
NORTHWEST CORNER OF JEFFERSON AVENUE AND DEL
RIO ROAD AT 28111 JEFFERSON AVENUE, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-006)
7
13 Review Ordinance No. 16-01 Relating to Section 8.52.060 Providing a Limited
Exemption from Cultivation Prohibition for Qualified Patients
13.1 That the City Council review Ordinance No. 16-01 relating to Section 8.52.060
providing a limited exemption from cultivation prohibition for qualified patients
and provide additional direction to staff as deemed appropriate. If the Council
wishes to amend Section 8.52.060, any such amendment would require the
introduction and adoption of a new ordinance.
CITY COUNCIL BUSINESS
14 Approve the Annual Selection of City Council Committees for Calendar Year 2016
RECOMMENDATION:
14.1 That the City Council consider and appoint members to serve on various City
Council Committees for calendar year 2016.
15 Approve Amendment to the Boards and Commissions Handbook Regarding the Role
and Authority of Board and Commission Members and Adopt Resolution Establishing
the Order of Business for Regularly Scheduled Meetings of the City Council (At the
Request of Council Member Matt Rahn)
RECOMMENDATION:
15.1 That the City Council approve the amendment to the Boards and Commissions
Handbook regarding the role and authority of Board and Commission Members
and adopt the following resolution (at the request of Council Member Matt Rahn):
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE ORDER OF BUSINESS FOR
REGULARLY SCHEDULED MEETINGS OF THE CITY
COUNCIL
16 Appoint Member to the Public/Traffic Safety Commission
RECOMMENDATION:
16.1 That the City Council appoint Gregory Mann to the Public Traffic / Safety
Commission.
DEPARTMENTAL REPORTS
17 Community Development Department Monthly Report
18 Police Department Monthly Report
19 Public Works Department Monthly Report
8
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, February 9, 2016, at 5:30 PM, for a Closed Session, with
regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street,
Temecula, California.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports and public Closed Session information) will be available for public viewing in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council
meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.org — and will be
available for public viewing at the respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the
agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula,
8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be
available for public review at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-
6444.
9
PRESENTATIONS
= 7 i �_
�,� • R Al
The City of Temecula
PROCLAMA
WHEREAS, heart disease and stroke kill one in three
events can be prevented; and
WHEREAS, cardiovascular diseases and stroke kill one
WHEREAS, an estimated 44 million women in the U.S.
WHEREAS, 90 percent of women have one or more risk
one in five American women believe that heart disease is her
WHEREAS, women comprise only 24 percent of participants
WHEREAS, women are less likely to call 911 for themselves
attack than they are if someone else were having a heart attack;
WHEREAS, only 36 percent of African American women
heart disease is their greatest health risk, compared with 65
WHEREAS, women involved with the American Heart
live healthier lives, and nearly 90 percent have made at least
WHEREAS, Go Red for Women encourages women to
Woman visit to learn about health status and risk for diseases;
WHEREAS, Go Red For Women is asking all Americans
NOW, THEREFORE, I, Michael S. Naggar, on behalf
recognition of the importance of the ongoing fight against
February 5, 2016, to be
"National Wear
in the City of Temecula and urge all citizens to show their
disease by commemorating this day by wearing the color
heart disease, and empowering women to reduce their
thousands of lives each year.
4
mac'+ Pkv.... ` �V! . mtt . t +,, aw -
TION
women in the U.S., yet 80 percent of cardiac
woman every 80 seconds in the U.S.; and
are affected by cardiovascular disease; and
factors for developing heart disease, yet only
greatest health threat; and
in all heart -related studies; and
when experiencing symptoms of a heart
and
and 34 percent of Hispanic women know that
percent of Caucasian women; and
Association's Go Red for Women movement
one healthy behavior change; and
take charge of their health and schedule a Well -
and
to Go Red by wearing red and speaking red.
of the City Council of the City of Temecula, in
heart disease and stroke, hereby proclaim
Red Day"
support for women and the fight against heart
red. By increasing awareness, speaking up about
risk for cardiovascular disease, we can save
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Seal of the City of
Temecula to be affixed this twenty-sixth day of
January, 2016.
Michael S. Naggar, Mayor
Randi Johl, City Clerk
City of Temecula
Certificate of Achievement
The City Council of the City of Temecula commends
the outstanding achievement of:
Tyler James Waterman
of Troop #337
We congratulate Tyler for his achievement on receiving the rank of Eagle Scout, which is
the highest achievement earned in Scouting. We are proud of Tyler's accomplishment and
wish him continued success in his promising and bright future.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this
twenty-sixth clay of January, 2016.
Michael S. Naggar, Mayor
Randi Johl, City Clerk
COUNCIL CONSENT
CALENDAR
Item No. 1
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: January 26, 2016
SUBJECT: Waive Reading of Standard Ordinances and Resolutions
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council waive the reading of the text of all standard
ordinances and resolutions included in the agenda except as specifically required by the
Government Code.
BACKGROUND: The City of Temecula is a general law city formed under the laws
of the State of California. With respect to adoption of ordinances and resolutions, the City
adheres to the requirements set forth in the Government Code. Unless otherwise required, the
full reading of the text of standard ordinances and resolutions is waived.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JANUARY 12, 2016 – 7:00 PM
6:00 PM - The City Council convened in Closed Session in the Canyons Conference
Room on the third floor of the Temecula City Hall concerning the following matters:
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will
meet in closed session with the City Attorney pursuant to Government Code Section
54956.9(d)(2) with respect to three matters of pending litigation: (1) Hanson v. City of
Temecula, Riverside County Superior Court No. RIC1411591; (2) Los Ranchitos
Homeowners Association v. City of Temecula, Riverside County Superior Court
No. RIC1512880; and (3) Scharpen Foundation v. Kamala Harris et al; Riverside County
Superior Court No. RIC1514022.
At 6:00 PM Mayor Pro Tem Edwards called the City Council meeting to order and recessed to
Closed Session to consider the matters described on the Closed Session agenda.
The City Council meeting convened at 7:00 PM
CALL TO ORDER: Mayor Pro Tem Maryann Edwards
Prelude Music: Noah Stevens
Invocation: Lead Pastor Kai Foster of Temecula Valley Church of Christ
Flag Salute: Council Member Jeff Comerchero
ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar (absent)
PRESENTATIONS/PROCLAMATIONS
Presentation of 25 -Year Service Pin to Ron Guerriero
PUBLIC COMMENTS
The following individuals addressed the City Council:
• Steve Falk/Randy Taylor
• Ed Dool
CITY COUNCIL REPORTS
Action Minutes 011216 1
CONSENT CALENDAR
1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff
Recommendation (4-0, Council Member Naggar absent) Council Member
Comerchero made the motion; it was seconded by Council Member McCracken;
and electronic vote reflected approval by Council Members Comerchero,
Edwards, McCracken and Rahn with Council Member Naggar absent.
RECOMMENDATION:
1.1
That the City Council waive the reading of the text of all standard ordinances and
resolutions included in the agenda except as specifically required by the
Government Code.
2 Approve the Action Minutes of December 8, 2015 — Approved Staff Recommendation
(4-0, Council Member Naggar absent) Council Member Comerchero made the
motion; it was seconded by Council Member McCracken; and electronic vote
reflected approval by Council Members Comerchero, Edwards, McCracken and
Rahn with Council Member Naggar absent.
RECOMMENDATION:
2.1 That the City Council approve the action minutes of December 8, 2015.
3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council
Member Naggar absent) Council Member Comerchero made the motion; it was
seconded by Council Member McCracken; and electronic vote reflected approval
by Council Members Comerchero, Edwards, McCracken and Rahn with Council
Member Naggar absent.
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Approve the City Treasurer's Report as of November 30, 2015 — Approved Staff
Recommendation (4-0, Council Member Naggar absent) Council Member
Comerchero made the motion; it was seconded by Council Member McCracken;
and electronic vote reflected approval by Council Members Comerchero,
Edwards, McCracken and Rahn with Council Member Naggar absent.
RECOMMENDATION:
4.1 That the City Council approve and file the City Treasurer's Report as of
November 30, 2015.
Action Minutes 011216 2
5 Approve Annual Citywide Records Retention Schedule and Records Destruction and
Adopt Electronic Document Management System Policy — Approved Staff
Recommendation (4-0, Council Member Naggar absent) Council Member
Comerchero made the motion; it was seconded by Council Member McCracken;
and electronic vote reflected approval by Council Members Comerchero,
Edwards, McCracken and Rahn with Council Member Naggar absent.
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 16-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING REVISIONS TO THE ESTABLISHED
CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY
AMENDING AND RESTATING THE RECORDS RETENTION
POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN
RECORDS
5.2 Adopt a resolution entitled:
RESOLUTION NO. 16-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE CITY'S ELECTRONIC
DOCUMENT MANAGEMENT SYSTEM (EDMS) POLICY
6 Approve Annual Legislative Platform and Related Program Policy and Procedures for
Calendar Year 2016 — Approved Staff Recommendation (4-0, Council Member
Naggar absent) Council Member Comerchero made the motion; it was seconded
by Council Member McCracken; and electronic vote reflected approval by Council
Members Comerchero, Edwards, McCracken and Rahn with Council Member
Naggar absent.
RECOMMENDATION:
6.1 That the City Council approve the annual Legislative Platform and related
program policy and procedures for calendar year 2016.
7 Approve Annual Boards and Commissions Handbook and Related Policy and
Procedures for Calendar Year 2016 — Approved Staff Recommendation (4-0, Council
Member Naggar absent) Council Member Comerchero made the motion; it was
seconded by Council Member Rahn; and electronic vote reflected approval by
Council Members Comerchero, Edwards, McCracken and Rahn with Council
Member Naggar absent.
RECOMMENDATION:
7.1 That the City Council approve the annual Boards and Commissions Handbook
and related policy and procedures for calendar year 2016.
Action Minutes 011216 3
8 Adopt Updated Complimentary Ticket Policy — Approved Staff Recommendation (4-0,
Council Member Naggar absent) Council Member Comerchero made the motion; it
was seconded by Council Member McCracken; and electronic vote reflected
approval by Council Members Comerchero, Edwards, McCracken and Rahn with
Council Member Naggar absent.
RECOMMENDATION:
8.1 That the City Council adopt the updated complimentary ticket policy.
9 Adopt Ordinance 15-14 for Uptown Temecula Specific Plan New Streets In -Lieu Fee
(Second Reading) — Approved Staff Recommendation (4-0, Council Member
Naggar absent) Council Member Comerchero made the motion; it was seconded
by Council Member McCracken; and electronic vote reflected approval by Council
Members Comerchero, Edwards, McCracken and Rahn with Council Member
Naggar absent.
RECOMMENDATION:
9.1 That the City Council adopt an ordinance entitled:
ORDINANCE NO. 15-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING CHAPTER 15.20, UPTOWN
TEMECULA SPECIFIC PLAN NEW STREETS IN -LIEU FEE
AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW
IS REQUIRED
10 Approve a Five-year Master Lease Purchase Agreement with HP Financial Services for
the Lease of Technology Infrastructure — Approved Staff Recommendation (4-0,
Council Member Naggar absent) Council Member Comerchero made the motion; it
was seconded by Council Member McCracken; and electronic vote reflected
approval by Council Members Comerchero, Edwards, McCracken and Rahn with
Council Member Naggar absent.
RECOMMENDATION:
10.1 Approve a Five -Year Master Lease Purchase Agreement with HP Financial
Services for the lease of Technology Infrastructure for an annual amount of
$150,303.88 and for a total contract amount of $751,519.40, including tax;
10.2 Approve the contingency amount $75,151.94 which is equal to 10% of the
contract amount, for a total contract amount of $826,671.34.
11 Approve the First Amendment to the Agreement with Interwest Consulting Group for the
Provision of Building Inspection Services — Approved Staff Recommendation (4-0,
Council Member Naggar absent) Council Member Comerchero made the motion; it
was seconded by Council Member McCracken; and electronic vote reflected
approval by Council Members Comerchero, Edwards, McCracken and Rahn with
Council Member Naggar absent.
Action Minutes 011216 4
RECOMMENDATION:
11.1 That the City Council approve the First Amendment to the Agreement with
Interwest Consulting Group, in the amount of $24,000, for the provision of
building inspection services, for a total agreement amount of $49,000.
12 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for
the Winchester Road at Roripauqh Ranch Road Traffic Signal Modification, PW15-03 —
Approved Staff Recommendation (4-0, Council Member Naggar absent) Council
Member Comerchero made the motion; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken and Rahn with Council Member Naggar
absent.
RECOMMENDATION:
12.1 Approve the Plans and Specifications, and Authorize the Department of Public
Works to Solicit Construction Bids for the Winchester Road at Roripaugh Ranch
Road Traffic Signal Modification, PW15-03;
12.2 Make a finding that this project is exempt from CEQA pursuant to Article 19,
Categorical Exemption, Section 15301, Existing Facilities, of the CEQA
Guidelines.
13 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for
the Citywide Slurry Seal for Arterial Streets, PW15-10 — Approved Staff
Recommendation (4-0, Council Member Naggar absent) Council Member
Comerchero made the motion; it was seconded by Council Member McCracken;
and electronic vote reflected approval by Council Members Comerchero,
Edwards, McCracken and Rahn with Council Member Naggar absent.
RECOMMENDATION:
13.1 Approve the Plans and Specifications, and Authorize the Department of Public
Works to Solicit Construction Bids for the Citywide Slurry Seal for Arterial
Streets, PW15-10;
13.2 Make a finding that this project is exempt from CEQA pursuant to Article 19,
Categorical Exemption, Section 15301, Existing Facilities, of the CEQA
Guidelines.
14 Annul Contract, Reiect All Bids, and Request Authorization to Solicit New Construction
Bids for Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 —
Approved Staff Recommendation (4-0, Council Member Naggar absent) Council
Member Comerchero made the motion; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken and Rahn with Council Member Naggar
absent.
Action Minutes 011216 5
RECOMMENDATION:
14.1 Authorize the City Manager to sign a Mutual Contract Annulment Agreement
between the City and Beador Construction Company, Inc.;
14.2 Reject all bids for the Old Town Front Street Pavement and Storm Drain
Rehabilitation, PW12-14, and Authorize the Department of Public Works to
Solicit New Construction Bids for the Project.
RECESS
At 7:21 PM, the City Council recessed and convened as the Temecula Community Services
District Meeting and the Successor Agency to the Temecula Redevelopment Agency Meeting.
At 7:26 PM, the City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
17 Introduce a Citywide Ordinance Prohibiting the Cultivation of Marijuana Within the City
of Temecula — Approved Staff Recommendation (4-0, Council Member Naggar
absent) Council Member Comerchero made the motion with an exemption that
permits limited growing for qualified patients as discussed and set forth in the
County of Riverside's ordinance; it was seconded by Council Member
McCracken; and electronic vote reflected approval by Council Members
Comerchero, Edwards, McCracken and Rahn with Council Member Naggar
absent.
RECOMMENDATION:
17.1 That the City Council introduce and read by title only an ordinance entitled:
ORDINANCE NO. 16-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO
PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY,
AMENDING THE ZONING ORDINANCE TO PROHIBIT
MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE
DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT
TO CEQA GUIDELINES, SECTION 15061(B)(3)
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson reported in regards to Closed Session Item 1 the Council authorized a
settlement in the amount of $30,000. There is no reportable action in regards to Closed
Session Items 2 and 3.
Action Minutes 011216 6
ADJOURNMENT
At 9:09 PM, the City Council meeting was formally adjourned to Tuesday, January 26, 2016, at
5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California.
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
Action Minutes 011216 7
Item No. 3
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Finance Director
DATE: January 26, 2016
SUBJECT: Approve the List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Pam Espinoza, Accounting Specialist
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review
and approval by the City Council on a routine basis at each City Council meeting. The attached
claims represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies
and procedures.
ATTACHMENTS: 1. Resolution
2. List of Demands
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $3,557,757.49.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2016.
Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 26th day of January, 2016, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
12/17/2015 TOTAL CHECK RUN $ 995,405.72
12/22/2015 TOTAL CHECK RUN 1,459,311.48
12/29/2015 TOTAL CHECK RUN 135,464.78
01/07/2016 TOTAL CHECK RUN 555,788.01
12/31/2015 TOTAL PAYROLL RUN: 411,787.50
TOTAL LIST OF DEMANDS FOR 01/26/2016 COUNCIL MEETING: $ 3,557,757.49
DISBURSEMENTS BY FUND:
CHECKS:
CITY OF TEMECULA
LIST OF DEMANDS
001 GENERAL FUND $ 2,129,861.57
135 BUSINESS INCUBATOR RESOURCE 2,319.55
140 COMMUNITY DEV BLOCK GRANT 1,218.73
165 AFFORDABLE HOUSING 6,324.60
190 TEMECULA COMMUNITY SERVICES DISTRICT 317,416.09
192 TCSD SERVICE LEVEL B STREET LIGHTS 79,922.54
194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,785.53
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 20,029.57
197 TEMECULA LIBRARY FUND 58,357.16
210 CAPITAL IMPROVEMENT PROJECTS FUND 184,910.31
277 CFD-RORIPAUGH 4,319.50
300 INSURANCE FUND 27,031.50
310 VEHICLE AND EQUIPMENT FUND 42,719.40
320 INFORMATION TECHNOLOGY 106,791.86
325 TECHNOLOGY REPLACEMENT FUND 1,974.18
330 CENTRAL SERVICES 21,009.02
340 FACILITIES 48,949.76
375 INTERN FELLOWSHIP FUND 113.25
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 35.62
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 35.62
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 35.62
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 35.62
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 35.62
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 2,360.19
501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,811.90
502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,629.70
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,172.25
504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 309.96
505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,906.01
506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 921.44
507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 986.80
508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 8,291.63
509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 113.44
510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 501.01
511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 79.11
512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,676.69
513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,669.45
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 741.44
515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 700.05
516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 2,106.44
517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 305.36
518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 6,311.60
519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 5,517.55
520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 8,860.53
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 15,774.92
522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 319.52
523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 369.58
524 SERVICE LEVEL"C"ZONE 24 HARVESTON 6,964.39
525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,083.05
526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 98.91
527 SERVICE LEVEL"C"ZONE 27 AVONDALE 871.57
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 11,121.87
529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 161.41
$ 3,145,969.99
CITY OF TEMECULA
LIST OF DEMANDS
001 GENERAL FUND $ 258,911.68
135 BUSINESS INCUBATOR RESOURCE 1,823.53
140 COMMUNITY DEV BLOCK GRANT 764.95
165 AFFORDABLE HOUSING 3,263.70
190 TEMECULA COMMUNITY SERVICES DISTRI 95,632.25
192 TCSD SERVICE LEVEL B STREET LIGHTS 204.40
194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,940.14
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT 400.82
197 TEMECULA LIBRARY FUND 709.84
300 INSURANCE FUND 2,255.18
320 INFORMATION TECHNOLOGY 26,484.89
330 CENTRAL SERVICES 5,958.57
340 FACILITIES 10,088.06
375 INTERN FELLOWSHIP FUND 169.77
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 68.03
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 68.03
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 68.03
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 68.03
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 68.03
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 408.20
501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 89.22
502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CRE 59.85
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 71.37
504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 13.05
505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 144.35
506 SERVICE LEVEL"C"ZONE 6 WOODCREST COU 26.03
507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 37.20
508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 244.80
509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.39
510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.00
511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.70
512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 163.62
513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELO 34.82
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOME 20.12
515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTAT 17.74
516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 40.60
517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.62
518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 151.49
519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 81.09
520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 219.67
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 371.39
522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.92
523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.72
524 SERVICE LEVEL"C"ZONE 24 HARVESTON 209.09
525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 67.39
526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITI 3.07
527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.72
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 308.06
529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTR 4.28
411,787.50
TOTAL BY FUND: $ 3,557,757.49
apChkLst Final Check List Page: 1
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK
Check # Date Vendor
2859 12/11/2015 000621 WESTERN RIVERSIDE
COUNCIL OF
2860 12/17/2015 010349 CALIF DEPT OF CHILD
SUPPORT
2861 12/17/2015 000194 I CMA RETIREMENT -PLAN
303355
2862 12/21/2015 000444 INSTATAX (EDD)
2863 12/16/2015 000283 INSTATAX (IRS)
Description
Amount Paid Check Total
Nov '15 TUMF Payment 184,653.42 184,653.42
SUPPORT PAYMENT 1,128.45 1,128.45
I CMA RETIREMENT TRUST 457 6,743.52 6,743.52
PAYMENT
STATE TAXES PAYMENT 28,392.84 28,392.84
FEDERAL INCOME TAXES PAYMENT 101,697.75 101,697.75
2864 12/17/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,578.60 2,578.60
SOLUTION PAYMENT
2865 12/17/2015 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 10,850.90 10,850.90
SOLUTION
174440 12/17/2015 018313 858 GRAPHICS, INC Printing:exhibit display panels for TVM 2,504.61 2,504.61
174441 12/17/2015 009374 ALLEGRO MUSICAL VENTURES Piano Tuning & Maintenance: Library 185.00 185.00
174442 12/17/2015 010905 ALLIED TRAFFIC & EQUIPMENT Rental items:various events 2,200.00 2,200.00
174443 12/17/2015 006915 ALLIE'S PARTY EQUIPMENT Rental supplies:mpsc event 142.05
Rental items:Christmas dinner at MPSC
174444 12/17/2015 001445 ASSISTANCE LEAGUE OF FY 15/16 Community Service Funding
TEMECULA
174445 12/17/2015 017149 B G P RECREATION, INC.
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
174446 12/17/2015 013482 BAS SECURITY NOV 15 SECURITY SRVCS:
HARVESTON LAKE
172.75 314.80
5,000.00 5,000.00
1,501.50
1,512.00
3,628.80 6,642.30
1,503.60 1,503.60
174447 12/17/2015 015464 BENEVOLENT & PROTECTIVE refund:sec dep:gymnasium:CRC 200.00 200.00
174448 12/17/2015 014284 BLAKELY'S TRUCK SERVICE MISC FLEET & EQUIP SVCS:STREET
MAI NT
MISC FLEET & EQUIP SVCS:STREET MAI
335.17
354.30
MISC FLEET & EQUIP SVCS:STREET MAI 80.00 769.47
Pagel
apChkLst Final Check List Page: 2
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174449 12/17/2015 018408 BOB CALLAHAN'S POOL Nov 15 pool maint services: crc and tes 525.00 525.00
SERVICE
174450 12/17/2015 008605 BONTERRA PSOMAS 10/02-10/29 Cnslt srvcs:pechanga pkwy 6,250.00 6,250.00
174451 12/17/2015 018217 BRITISH BUS COMPANY, LLC Bus rental:2015 holiday light tour 2,625.00 2,625.00
174452 12/17/2015 017707 CA VFW MOTORCYCLE CLUB FY 15/16 Community Service Funding 1,500.00 1,500.00
EMPIRE
174453 12/17/2015 003138 CAL MAT asphalt supplies: pw street maint div 130.14
asphalt supplies: pw street maint div
174454 12/17/2015 001090 CALIF DEPT OF GENERAL CASp program- certification
SERVICES
174455 12/17/2015 018526 CHAPARRAL EDUCATION refund:sec dep:rm rental:conf ctrA/B
174456 12/17/2015 018018 CHILDRESS, DEBBORA
TCSD Instructor Earnings
TCSD Instructor Earnings
170.89 301.03
500.00 500.00
150.00 150.00
75.60
157.50 233.10
174457 12/17/2015 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00
CHARITIES, CIO WELLS FARGO PAYMENT
BANK
174458 12/17/2015 009905 COMPRISE TECHNOLOGIES
INC
174459 12/17/2015 000442 COMPUTER ALERT SYSTEMS
174460 12/17/2015 002945 CONSOLIDATED ELECTRICAL
DIST.
174461 12/17/2015 004329 COSTCO TEMECULA #491
174462 12/17/2015 002631 COUNTS UNLIMITED INC
174463 12/17/2015 017542 COX, KRISTI LYN
174464 12/17/2015 010650 CRAFTSMEN PLUMBING &
HVAC INC
Software renewal: Library 2016 10,985.00 10,985.00
install security alarm equip:senior ctr 457.00 457.00
electrical supplies: civic center 221.40
misc electrical supplies: library
96.23 317.63
Misc supplies:high hopes pgrm 173.11
Misc. supplies: holiday event supplies 739.28
MISC. SUPPLIES:TVM EXHIBITS/PROGR) 64.90 977.29
Traffic count data collection: pw 2,400.00
Traffic count data collection: pw 100.00 2,500.00
TCSD instructor earnings 201.60
TCSD instructor earnings 436.80 638.40
install countertops:senior ctr rehab 8,950.00
repair float assmbly:splash pad
re -leveled pool tables:senior center
restroom imprvts: senior center rehab
188.34
375.00
7,362.00
16,875.34
Paget
apChkLst Final Check List Page: 3
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174465 12/17/2015 000209 CROP PRODUCTION SERVICES equipment maintenance: public works 30.41 30.41
174466 12/17/2015 018301 DELFIS, (LIANA refund:sec dep:rm rental:TCC 125.00 125.00
174467 12/17/2015 003945 DIAMOND ENVIRONMENTAL portable restrooms:great oak hs 52.80
SRVCS
174468 12/17/2015 004192 DOWNS ENERGY FUEL&
LUBRICANTS
PORTABLE RESTROOMS:SANTA'S ELEC
PORTABLE RESTROOMS:SANTA'S ELEC
PORTABLE RESTROOMS:SANTA'S ELEC
280.50
1,418.88
1,644.00
Fuel for City vehicles: tcsd 184.28
Fuel for City vehicles: tcsd / tve2
Fuel for City vehicles: traffic div
Fuel for City vehicles: public works
Fuel for City vehicles: public works
Fuel for City vehicles: public works
Fuel for City vehicles: public works
98.40
78.23
111.22
317.74
452.31
47.90
174469 12/17/2015 016839 EHS INTERNATIONAL, INC. Oct 15 cnsltnt srvcs:employee safety prg 6,562.50
174470 12/17/2015 002939 ENVIRONMENTAL SYSTEMS Software renewal: GIS 2016 19,244.00
RESEARCH
174472 12/17/2015 001056 EXCEL LANDSCAPE, INC.
174473 12/17/2015 003747 FINE ARTS NETWORK
174474 12/17/2015 018527 FLORES, KRISTINE
174475 12/17/2015 004074 FRANCHISE MGMT SERVICES
INC
174476 12/17/2015 002982 FRANCHISE TAX BOARD
174477 12/17/2015 002982 FRANCHISE TAX BOARD
3,396.18
1,290.08
6,562.50
19,244.00
NOV 15 LNDSCP MAINT SVCS:VAR 51,365.88
SCHOOL SITE
Nov 15 Indscp maint svcs:harveston ctr 9,993.13
Idscp improvements:vail ranch slope 605.00
install auto -fill valve: duck pond 1,381.07
misc landscape maint srvcs:var parks 189.56
NOV 15 LNDSCPE MAINT SVCS:VAR PAR 48,525.10
NOV 15 LNDSCPE MAINT SVCS:VAR ME[ 18,094.70
misc landscape maint srvcs:var parks 355.75
Nov 15 Indscp maint svcs: var locations 21,610.97
Nov 15 Indscp maint svcs: var locations 34,844.87 186,966.03
Adv pmt: "Nutcracket Ballet" 12/17-12/23 15,000.00 15,000.00
refund:sec dep:rm rental:harveston 200.00 200.00
Misc supplies:high hopes pgrm 402.56 402.56
SUPPORT PAYMENT 382.09 382.09
SUPPORT PAYMENT 350.00 350.00
Page:3
apChkLst Final Check List Page: 4
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174478 12/17/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00
174479 12/17/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 45.00 45.00
174480 12/17/2015 014865 FREIZE UHLER, KIMBERLY Display stand:eco dev pgrm 105.31 105.31
174481 12/17/2015 000177 GLENNIES OFFICE PRODUCTS Nov 15 misc ofc supplies: youth innov 65.83
INC
174482 12/17/2015 003792 GRAINGER
174483 12/17/2015 013107 GRANT, GLENN ANDREW
174484 12/17/2015 018524 HAUSMAN, EDWIN
174485 12/17/2015 012129 HAVENS FOR THE ARTS
174486 12/17/2015 002126 HILLYARD FLOOR CARE
SUPPLY
174487 12/17/2015 018507 HINOSTROZA, MAIRA
174488 12/17/2015 016298 HORN CLINIC, THE
174489 12/17/2015 011049 HOSPICE OF THE VALLEY
174490 12/17/2015 000863 I P M A
174491 12/17/2015 016564 IMPACT TELECOM
174492 12/17/2015 004984 INDEPENDENT ROOFING
CONSULTANT
174493 12/17/2015 001407 INTER VALLEY POOL SUPPLY
INC
Nov 15 misc ofc supplies:info tech
Nov 15 misc Ofc Supplies - City Clerk
NOV 15 MISC OFC SUPPLIES: FOC/TRAF
155.70
59.89
279.97
561.39
misc maint supplies:pw street maint 133.16 133.16
Advertising: commercial spot winterfest 750.00 750.00
refund:bal adj:viol dismissal:#316768 25.00 25.00
Sttlmnt: Hark The Harold 12/3-12/13 5,874.07 5,874.07
cleaning supplies:civic center 683.07 683.07
refund:sec dep:rm rental:TCC 200.00 200.00
Settlement:Speakeasy..Merc 12/12/15 448.70 448.70
FY 15/16 Community Service Funding 5,000.00 5,000.00
Agncy dues: I G/CC/PV 2/1/17-1/31/17 390.00 390.00
Nov 800 SERVICES: CIVIC CENTER 55.96 55.96
Roof consultant srvcs:pwcip fire stn 73 950.00 950.00
sanitizing chemical supplies:var pools 637.31 637.31
174494 12/17/2015 013286 INTRADO, INC. Nov Enterprise 911 svc: IT 255.00 255.00
Page:4
apChkLst Final Check List Page: 5
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174495 12/17/2015 017946 LANDRUM, KAREN TCSD Instructor Earnings
174496 12/17/2015 000210 LEAGUE OF CALIF CITIES '16 CA statewide local street/road
174497 12/17/2015 000482 LEIGHTON CONSULTING INC 8/30-10/31 GEOTECHNICAL SVCS: FIRE
STN 7
9/7-10/31 SOILS & MAT'L TESTING SVCS:
P/E 12/10 DESIGN SVCS: BUTTERFIELD:
174498 12/17/2015 004813 M & J PAUL ENTERPRISES INC EQUIPMENT RENTAL: SANTA CLAUS
W/THRONE
Amount Paid Check Total
840.00 840.00
400.00 400.00
3,373.00
922.20
1,500.00 5,795.20
505.00 505.00
174499 12/17/2015 018174 MARMADUKE, INC. office visit and boarding:PD K-9 Rudy 156.00 156.00
174500 12/17/2015 011920 MASTER CONCEPTS LLC
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
735.00
735.00
1,176.00
441.00
174501 12/17/2015 018528 MENTORING FOR refund:sec dep:rm rental:CRC 200.00
EXCELLENCE
REFUND:FEES DUE:NON-USE:AMPHITHE 150.00
174502 12/17/2015 005690 MICHELLE'S PLACE WOMENS FY 15/16 Community Service Funding 5,000.00
BREAST
174503 12/17/2015 013827 MIKO MOUNTAINLION, INC.
174504 12/17/2015 016445 MKB PRINTING &
PROMOTIONAL INC
174505 12/17/2015 018529 MNIKWA, BEKEZELA
174506 12/17/2015 009443 MUNYON, DENNIS G.
174507 12/17/2015 018530 MURRIETAJRALLAMERICAN
174508 12/17/2015 017861 MYTHOS TECHNOLOGY INC
174509 12/17/2015 015164 NATURES IMAGE, INC Oct 15 pechanga pkwy environ mitigt:pw 1,221.46
3,087.00
350.00
5,000.00
rebuild grading srvcs:pauba rd row 18,000.00 18,000.00
Business Envelopes: pw 124.96 124.96
refund:sec dep:rm rental:TCC 200.00 200.00
Jan -Mar 16 lic fee: old town prkng lot 2,875.00 2,875.00
refund:sec dep:rm rental:TCC 200.00 200.00
Dec 15 IT monitoring srvcs: TVE2 100.00 100.00
OCT 15 ENVIRO MITIGATION:FVP OVER(
174510 12/17/2015 001323 NESTLE WATERS NORTH 10/23-11/22 bottled water srvcs: TVE2
AMERICA
454.57 1,676.03
58.30 58.30
Pages
apChkLst Final Check List Page: 6
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
174511 12/17/2015 014391 NICHOLS, KELLIE D.
174512 12/17/2015 002292 OASIS VENDING
174513 12/17/2015 018525 PEREZ, MARY
174514 12/17/2015 000249 PETTY CASH
174515 12/17/2015 010338 POOL& ELECTRICAL
PRODUCTS INC
Description
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
misc kitchen supplies: civic center
refund:bal adj:viol dismissal:#319753
Petty Cash Reimbursement
pool supplies:var City pool sites
174516 12/17/2015 002176 RANCHO CALIF BUS PK ASSOC Jan -Mar bus.park assn. dues:tve2
Jan -Mar bus.park assn. dues:foc
Jan -Mar bus.park assn. dues:diaz rd
174517 12/17/2015 000262 RANCHO CALIF WATER
DISTRICT
174518 12/17/2015 011853 RANCON COMMERCE CNTR
PH2,3&4
174519 12/17/2015 002412 RICHARDS WATSON &
GERSHON
174520 12/17/2015 000353 RIVERSIDE CO AUDITOR
174521 12/17/2015 000268 RIVERSIDE CO HABITAT
174522 12/17/2015 001592 RIVERSIDE CO INFO
TECHNOLOGY
Amount Paid Check Total
277.20
176.40
331.80
277.20
378.00
252.00
128.10
430.50 2,251.20
531.84 531.84
25.00 25.00
771.78
283.50
2,234.14
1,843.17
2,033.07
Dec var water meters:PW CIP 7,292.82
Dec Floating meter:PW Maint
Dec var water meters:PW JRC
Dec var water meters:PW old town
Dec var water meters:PW Fac
Dec vars water meters:PW Maint
Dec var water meters:TCSD svc lev C
Dec var water meters:PW various sites
215.99
168.93
637.95
3,681.24
224.18
21,434.80
1,100.95
Jan -Mar bus.park assn. dues:ovrind prjt 198.38
771.78
283.50
6,110.38
34, 756.86
Jan -Mar bus.park assn. dues:ovrind prjt 249.03
Jan -Mar bus.park assn. dues:ovrind prjt 177.27 624.68
Oct 2015 legal services 68,447.11 68,447.11
Nov '15 prkg citation assessments 2,347.50 2,347.50
Nov '15 K -Rat payment 2,030.00 2,030.00
Oct emergency radio rental: police 2,912.86 2,912.86
Page6
apChkLst Final Check List Page: 7
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174523 12/17/2015 017446 ROSE AGAIN FOUNDATION FY 15/16 Community Srvc Funding 2,000.00 2,000.00
174524 12/17/2015 016439 ROTARY CLUB OF TEMECULA FY 15/16 Community Srvc Funding 5,000.00 5,000.00
174525 12/17/2015 012174 RUHNAU RUHNAU CLARKE & ENGINEER SRVCS:STA 73 LIVING 2,904.00 2,904.00
ASSOC. QUARTERS
174526 12/17/2015 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 777.00 777.00
174527 12/17/2015 000278 SAN DIEGO UNION TRIBUNE Nov public ntcs:Planning/City Clerk 548.88 548.88
174528 12/17/2015 018012 SAUNDERS, CATHY
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
157.50
157.50
168.00
168.00
168.00
819.00
174529 12/17/2015 013376 SECURITY SIGNAL DEVICES CABLING SRVCS: THEATER 320.57 320.57
INC
174530 12/17/2015 001919 SENIOR CITIZENS SERVICE FY 15/16 Community Srvc Funding 5,000.00 5,000.00
CENTER
174531 12/17/2015 013519 SENSATA TECHNOLOGIES Inverter repairs: pw traffic 465.02 465.02
174532 12/17/2015 009568 SEW WHAT? INC. Misc stage supplies: Theater 800.00 800.00
174533 12/17/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 592.03 592.03
CENTRAL
174534 12/17/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 100.00 100.00
CENTRAL
174535 12/17/2015 009213 SHERRY BERRY MUSIC Jazz @ The Merc 12/10/15 577.00 577.00
174536 12/17/2015 013695 SHRED -IT US JV, LLC
174537 12/17/2015 009746 SIGNS BY TOMORROW
Document collection & shred srvcs
Document shred srvcs:temecula police
Document shred srvcs:temecula police
Signage:Special events
Signage:Special events
63.00
16.54
16.54
269.20
96.08
43.72 312.92
Page:7
apChkLst Final Check List Page: 8
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
174538 12/17/2015 000537 SO CALIF EDISON
Description
Nov 2-05-791-8807:31587 Tem pkwy LS3
Nov 2-37-303-0485:27498 Enterprise cir
Nov 2-29-479-2981:31454 Tem pkwy TC1
Nov 2-29-974-7899:26953 Ynez Rd LS3
Nov 2-31-031-2590:28301 Rancho Cal
Nov 2-29-657-2332:45538 Redwood Rd
Nov 2-29-953-8447:31738 Wolf vly rd
Nov 2-29-657-2563:42902 Butterfield stg
Nov 2-29-458-7548:32000 Rancho Cal
Nov 2-36-531-7916:44205 Main St PED
Nov 2-35-421-1260:41955 4th St LS3
Nov 2-31-936-3511:46488 Pechanga pkwy
Nov 2-25-350-5119:45602 Redhawk pkwy
Nov 2-36-122-7820:31777 Deportola Rd
Nov 2-27-805-3194:42051 Main St
Nov 2-28-629-0507:30600 Pauba Rd
Nov 2-02-502-8077:43210 Bus park dr B
Nov 2-31-404-6020:28771 OT front st
Nov 2-30-220-8749:45850 N Wolf creek dr
Amount Paid Check Total
10,007.84
158.82
118.05
164.12
25.06
28.74
28.61
229.72
363.69
229.82
22.36
57.50
27.96
26.80
3,575.87
6,380.56
402.56
1,269.77
339.32
23,457.17
174539 12/17/2015 000519 SOUTH COUNTY PEST Nov pest control srvcs:City facilities 890.00 890.00
CONTROL INC
174540 12/17/2015 011424 STONE CREEK BIBLE CHURCH refund:sec dep:rm rental:CRC 200.00 200.00
174541 12/17/2015 013387 SWEEPING UNLIMITED INC Nov sweeping svcs:parking structure 500.00 500.00
174542 12/17/2015 013357 TEAM EVANGELICAL FY 15/16 Community Srvc Funding 5,000.00 5,000.00
ASSISTANCE
174543 12/17/2015 003677 TEMECULA MOTORSPORTS Motorcycle repair/maint:Tem.P.D. 479.04 479.04
LLC
174544 12/17/2015 016532 TEMECULA VALLEY ALANO refund:sec dep:rm rental:MPSC 200.00 200.00
CLUB
174545 12/17/2015 000515 TEMECULA VALLEY CHAMBER 15/16 3rd qtr operating agrmnt:eco dev 33,750.00 33,750.00
OF
174546 12/17/2015 000314 TEMECULA VALLEY MUSEUM Marble Run Day supplies 72.00 72.00
INC
174547 12/17/2015 009194 TEMECULA VALLEY NEWS Nov advertising:Temecula Presents 257.76 257.76
174548 12/17/2015 005970 TEMECULA VALLEY PLAYERS A Christmas Carol '15, 12/3-13/15 26,909.86 26,909.86
Pages
apChkLst Final Check List Page: 9
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174549 12/17/2015 004274 TEMECULA VALLEY SECURITY locksmith srvcs: rrsp
CENTR
174550 12/17/2015 018531 TEMPLE BETH SHOLOM refund:sec dep:rm rental:conf ctr A/B
174551 12/17/2015 003849 TERRYBERRY COMPANY SERVICE AWARD PINS:HUMAN
RESOURCES
174552 12/17/2015 016311 TIERCE, NICHOLAS Graphic design services: Theater
Amount Paid Check Total
12.96 12.96
150.00 150.00
4,182.37 4,182.37
2,790.00 2,790.00
174553 12/17/2015 010276 TIME WARNER CABLE Dec high speed internet:Coax 28.43 28.43
174554 12/17/2015 000668 TIMMY D PRODUCTIONS INC Parade announcer:2015 parade 1,750.00 1,750.00
174555 12/17/2015 002452 TOP LINE INDUSTRIAL parts for pressure washer:street maint 11.62 11.62
174556 12/17/2015 000161 TYLER TECHNOLOGIES, INC PERMITTING & LAND MGMT 1,974.18 1,974.18
SOFTWARE
174557 12/17/2015 009709 U H S OF RANCHO SPRINGS, Nov sexual assault exams: Police 900.00 900.00
INC
174558 12/17/2015 002702 U S POSTAL SERVICE Oct postage meter deposit 2,263.60 2,263.60
174559 12/17/2015 007766 UNDERGROUND SERVICE Nov underground utility locator: pw 138.00 138.00
ALERT
174560 12/17/2015 002110 UNITED RENTALS NORTH misc equip rentals:pw street maint 10.53 10.53
AMERICA
174561 12/17/2015 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00
PAYMENT
174562 12/17/2015 017579 US HEALTHWORKS MEDICAL Medical screenings:HR 55.00
GROUP
Medical screenings:HR 232.00 287.00
174563 12/17/2015 004789 VERIZON Nov Internet svcs:Theater 104.99
Dec Internet svcs:harveston ctr 129.99 234.98
174564 12/17/2015 007987 WALMART MISCSUPPLIES:PENNYPICKLE 113.96
EXHI BITS
Theater hospitality supplies 101.30
Misc supplies:crc 218.85 434.11
174565 12/17/2015 001342 WAXIE SANITARY SUPPLY INC park site custodial supplies:park maint 197.72 197.72
Page9
apChkLst Final Check List Page: 10
12/17/2015 10:18:18AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
174566 12/17/2015 018322 WECKSELL, EVAN LEE
174567 12/17/2015 008402 WESTERN RIVERSIDE
COUNTY
174568 12/17/2015 000341 WI LLDAN ASSOCIATES INC
174569 12/17/2015 004567 WITCHER ELECTRIC
Description
Amount Paid Check Total
Performance: new years eve 2015 500.00 500.00
Nov '15 MSHCP payment 42,594.70 42,594.70
Sept engineer & traffic survey srvcs: pw 3,447.93
Oct engineer & traffic survey srvcs: pw
5,409.50 8,857.43
electrical services: harveston lake 2,460.00
electrical upgrades:civic center eoc 2,485.00 4,945.00
174570 12/17/2015 017382 WOMEN ORGANIZING WOMEN refund:sec dep:rm renta:conf ctrA/B 150.00 150.00
174571 12/17/2015 013613 WORTHINGTON, PAULA reimb: Breakfastw/Santa supplies
62.69 62.69
Grand total for UNION BANK:
995,405.72
Pagel 0
apChkLst
Final Check List
12/17/2015 10:18:18AM CITY OF TEMECULA
Page: 11
138 checks in this report.
Grand Total All Checks:
995,405.72
Page:11
apChkLst Final Check List Page: 1
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK
Check # Date Vendor
Description
Amount Paid Check Total
2866 12/22/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 41,162.85 41,162.85
RETIREMENT)
174572 12/22/2015 016764 ABM BUILDING SERVICES, LLC HVAC Repair: Sta 92 240.06 240.06
174573 12/22/2015 003951 ALL AMERICAN ASPHALT asphalt supplies:pw streets division 705.93
asphalt supplies:pw streets division
174574 12/22/2015 011769 ALL FROM THE HEART INC FY 15/16 Community Service Funding
582.20 1,288.13
5,000.00 5,000.00
174575 12/22/2015 009374 ALLEGRO MUSICAL VENTURES Piano Tuning & Maintenance: Theater 185.00
174576 12/22/2015 006915 ALLIE'S PARTY EQUIPMENT
Piano Tuning & Maintenance: Theater
Supplies:pechanga pueska day event
Rental items:pechanga pueska day
LINENS DRY CLEANING:HUMAN SERVIC
185.00 370.00
1,013.06
345.82
43.05
1,401.93
174577 12/22/2015 013015 ALWAYS RELIABLE BACKFLOW backflow tests:old town 475.00
backflow tests: var facilities 325.00
backflow repair:vail ranch slopes 293.00
backflow repair srvcs: various parks 197.00
backflow testing srvcs:var fire stations 175.00
backflow repairs:various medians 50.00
backflow repair srvcs: various parks 50.00 1,565.00
174578 12/22/2015 015517 ANSELMO, MARK Refund: sec deposit/sports-snack bar 200.00 200.00
174579 12/22/2015 006254 BALLET FOLKLORICO TCSD Instructor Earnings 81.90
TCSD Instructor Earnings 63.70 145.60
174580 12/22/2015 018101 BARN STAGE COMPANY INC, STTLMNT:CABARETAT THE MERC 987.00 987.00
THE 12/16
174581 12/22/2015 008605 BONTERRA PSOMAS 10/2-11/26 CNSLTNG SRVCS:RRSP 110.00 110.00
DESITIN BA
174582 12/22/2015 018538 BUCHANON, WILLIE
174583 12/22/2015 003138 CAL MAT
174584 12/22/2015 001054 CALIF BUILDING OFFICIALS
174585 12/22/2015 004462 CDW, LLC
Refund: sec deposit/harveston cntr
asphalt supplies: pw street maint div
CALBO Staff Training - Building
200.00
192.45
2,775.00
200.00
192.45
CALBO Staff Training - Building 1,295.00 4,070.00
Small tools & equip:info tech 593.60 593.60
Pagel
apChkLst Final Check List Page: 2
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174586 12/22/2015 018501 CONFETTI UNLIMITED CONFETTI MACHINE/MAT'L RENTAL
FOR
174587 12/22/2015 002945 CONSOLIDATED ELECTRICAL
DIST.
174588 12/22/2015 011922 CORELOGIC, INC.
electrical supplies: civic center
misc electrical supplies: library
Nov 15 Web Based Sbscrptn RealQuest
Amount Paid Check Total
1,310.18 1,310.18
185.49
58.32
279.00
243.81
279.00
174589 12/22/2015 004329 COSTCO TEMECULA #491 Misc. office supplies:MPSC 389.99 389.99
174590 12/22/2015 010650 CRAFTSMEN PLUMBING & Station maintenance: Sta 92 710.58 710.58
HVAC INC
174591 12/22/2015 014580 DANCE THEATRE COLLECTIVE SETTLEMENT:DANCEXCHANGE 12/15 143.50 143.50
174592 12/22/2015 003945 DIAMOND ENVIRONMENTAL Portable restroom:citywide clean up 121.20 121.20
SRVCS
174593 12/22/2015 004192 DOWNS ENERGY FUEL & Fuel for City vehicles: public works 919.10
LUBRICANTS
Fuel for City vehicles: public works
Fuel for City vehicles: tcsd
Fuel for City vehicles: traffic div
Fuel for City vehicles: bldg inspectors
Fuel for City vehicles: tcsd & code enf
Fuel for City vehicles: code enforcement
Fuel for City vehicles:bldg inspectors
Fuel for City vehicles: police dept
174594 12/22/2015 002528 EAGLE GRAPHIC CREATIONS business recognition plaques: eco dev
INC
746.89
497.59
320.86
256.10
149.03
145.37
120.31
73.68
3,228.93
131.76 131.76
174595 12/22/2015 002390 EASTERN MUNICIPAL WATER Nov 190304-02 Seraphina Rd 567.68
DIST
Nov 95366-02 Diego Dr Ldscp
Nov 234889-01 South Loop Rd
Nov 234832-01 Murr Hot Springs
Nov 234834-01 Murrieta Hot Springs
174596 12/22/2015 013367 ELECTRO INDUSTRIAL SUPPLY Misc small tools & equip: pw traffic
174597 12/22/2015 018537 FASCHING, DANA Refund: sec deposit/tcc
174598 12/22/2015 000165 FEDERAL EXPRESS INC 12/2-12/3 Express mail svcs: cip & clerk
12/1 Express mail svcs: finance
197.84
106.74
48.39
29.63 950.28
532.39 532.39
200.00 200.00
33.31
17.79 51.10
Paget
apChkLst Final Check List Page: 3
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
174599 12/22/2015 011145 FOSTER, JILL CHRISTINE
Description
TCSD instructor earnings
TCSD instructor earnings
174600 12/22/2015 014556 FOULK, ANDREW Photography for Pechanga Pueska Mtn.
174601 12/22/2015 002982 FRANCHISE TAX BOARD LEVY - CASE #546961500
Amount Paid Check Total
3,628.80
1,506.75 5,135.55
300.00 300.00
46.58 46.58
174602 12/22/2015 014865 FREIZE UHLER, KIMBERLY Building and Safety Inspector Uniforms 189.00
Building and Safety Inspector Uniforms 47.50
Building and Safety Inspector Uniforms 32.36 268.86
174603 12/22/2015 016184 FUN EXPRESS, LLC Miscellaneous rec. supplies. 357.58
Misc supplies:human services pgrm 173.59 531.17
174604 12/22/2015 007866 G C S SUPPLIES INC MISC TONER & INK FOR 3,011.85 3,011.85
PRI NTERS:CIVIC
174605 12/22/2015 010326 G E MOBILE WATER, INC APPARATUS MAINTSUPPLIES: STA 89.92 89.92
84/73
174606 12/22/2015 018540 GIBBONS, JENNIFER Refund: Library lost materials 14.99 14.99
174607 12/22/2015 000177 GLENNIES OFFICE PRODUCTS OCT 15 MISC. OFFICE SUPPLIES:B&S 415.77 415.77
INC DEPT
174608 12/22/2015 009608 GOLDEN VALLEY MUSIC SETTLEMENT:CLASSICS...MERC DEC 2,537.50 2,537.50
SOCIETY 2015
174609 12/22/2015 003792 GRAINGER Misc Stage Supplies: Theater 103.45
Misc Stage Supplies: Theater 49.32
Misc Stage Supplies: Theater 29.25 182.02
174610 12/22/2015 015451 GREATAMERICA FINANCIAL Dec '15lease copies: city hall/off-site 520.09 520.09
SVCS
174611 12/22/2015 000186 HANKS HARDWARE INC NOV MISC HDWR SUPPLIES: VAR FIRE 393.18 393.18
STATION
174612 12/22/2015 002109 HD SUPPLY CONSTR. SUPPLY vari maint supplies:street maint 375.44
LTD
vari maint supplies:street maint 267.47 642.91
174613 12/22/2015 013749 HELIXSTORM INC. VMware Software Renewal:lnfo Tech 21,365.10 21,365.10
174614 12/22/2015 003198 HOME DEPOT, THE small tools & equipment:civic center 28.14 28.14
Page3
apChkLst Final Check List Page: 4
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174615 12/22/2015 018383 INLAND EMPIRE CHAPTER OF Performance: grape drop 12/31/2015—
SWEET
Amount Paid Check Total
500.00 500.00
174616 12/22/2015 006914 INNOVATIVE DOCUMENT NOV 15 COPIER 7,109.10
SOLUTIONS MAINT/REPAIR/USAGE:CITYWID
NOV 15 COPIER MAI NT/REPAIR/USAGE:( 432.39 7,541.49
174617 12/22/2015 006113 INTLASSN OF FIRE CHIEFS- FY 15-16 IAFC mbrshp:Brown, C. 115.00 115.00
!AFC
174618 12/22/2015 014692 JOHNSON, BARBARA TCSD Instructor Earnings 269.50 269.50
KATHLEEN
174619 12/22/2015 015358 KELLY PAPER COMPANY, INC. paper, binding, laminating 543.47 543.47
174620 12/22/2015 001091 KEYSER MARSTON p/e 10/31 Uptown Jefferson Spc Plan 6,698.74 6,698.74
ASSOCIATES INC
174621 12/22/2015 015328 KROHN, DAVE Breakfastw/Santa 2015 4,322.75 4,322.75
174622 12/22/2015 009923 L SAASSOCIATES INC P/E 11/01 CNSLTNG 468.75 468.75
SRVCS:RORIPAUGH EIR
174623 12/22/2015 018542 LEARNING FOR LIFE fire explorer post prgrm renewal package 1,072.00 1,072.00
174624 12/22/2015 018536 LIVERSEDGE, MIRANDA Refund: Library lost materials 45.94 45.94
174625 12/22/2015 004087 LOWES INC Hardware supplies: Sta 73 541.73 541.73
174626 12/22/2015 000217 MARGARITA OFFICIALS ASSN Adult Softball officiating svcs: spark 309.00 309.00
174627 12/22/2015 014392 MC COLLOUGH, JILL DENISE DEC MAINT SVCS INTERIOR PLANTS: 500.00
CIVIC CT
Dec maint svcs interior plants: library 200.00 700.00
174628 12/22/2015 004586 MOORE FENCE COMPANY INC rplce fence section:crc 2,100.54 2,100.54
174629 12/22/2015 002925 NAPA AUTO PARTS misc parts & supplies:pw street maint 123.91 123.91
174630 12/22/2015 013972 NAT'L PROCUREMENT membership dues: M. Vollmuth 90.00 90.00
174631 12/22/2015 018402 NEWSMINDED, INC 11/8-12/5 NEWSPAPER 106.25 106.25
DELIVERY:MPSC
Page:4
apChkLst Final Check List Page: 5
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174632 12/22/2015 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings 287.00 287.00
174633 12/22/2015 002292 OASIS VENDING misc kitchen supplies:mpsc 656.55
misc kitchen supplies:foc 74.43 730.98
174634 12/22/2015 006721 OFFICEMAX NORTH AMERICA, Library card stock 4,446.36 4,446.36
INC.
174635 12/22/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Street Maint
City Vehicle Maint Svcs:PW Traffic
City Vehicle Maint Svcs:PW Street Maint
City Vehicle Maint Svcs:PW Traffic
City Vehicle Maint Svcs:PW Street Maint
City Vehicle Maint Svcs:PW CIP
360.13
76.00
3,748.00
2,570.81
1,698.67
403.19
8,856.80
174636 12/22/2015 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:FIRE PREV 394.20 394.20
174637 12/22/2015 013198 ORTENZO-HAYES, KRISTINE
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
174638 12/22/2015 012100 OUR NICHOLAS FOUNDATION FY 15/16 Council CSF Award
174639 12/22/2015 018534 PAYNE, DEBBIE Refund: rental/library
174640 12/22/2015 017675 PODS ENTERPRISES, INC.
174641 12/22/2015 000253 POSTMASTER
174642 12/22/2015 014957 PRN PRODUCTIONS
174643 12/22/2015 012904 PROACTIVE FIRE DESIGN
174644 12/22/2015 013725 PROCRAFT INC
586.18
577.50
485.10
296.80
296.80
296.80
296.80
2,835.98
1,500.00 1,500.00
70.00 70.00
DEC -JAN PODS RENTAL XXB10:STA 73 169.56
DEC -JAN PODS RENTAL XXB62:STA 73 169.56
DEC -JAN PODS RENTAL XXB49:STA 73 169.56
PODS RENTAL:FIRE STN 73 10.00 518.68
Nov Express Mail & Postal Svcs 36.22 36.22
COMEDY @ THE MERC 12/18 100.80 100.80
Nov plan review svc: Fire Prev 6,068.50 6,068.50
Garage door repair: Sta 92
Garage door repair: Sta 84
Garage door repair: Sta 92
Garage door repair: Sta 92
870.00
380.00
237.50
95.00
1,582.50
Pages
apChkLst Final Check List Page: 6
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174645 12/22/2015 011952 RAD HATTER, THE Performance: grape drop 12/31/15
174646 12/22/2015 000262 RANCHO CALIF WATER
DISTRICT
Amount Paid Check Total
850.00 850.00
Dec various water meters: Srvc Lvl C 13,735.86
Nov 3039733 31970 Rancho Vista Rd 1,039.79
Nov 3037028 de Portola Rd 753.64
Dec various water meters:PW-YMCA 585.30
Dec various water mtrs: Fire Stns 346.00
Nov 3002592 41951 Moraga Rd 178.72
Nov 3044898 Calle Elenita 43.68
Nov 3005020 28640 Pujol St 9.96 16,692.95
174647 12/22/2015 011853 RANCON COMMERCE CNTR Jan -Mar bus.park assn. dues:stn 73 510.71 510.71
PH2,3&4
174648 12/22/2015 004584 REGENCY LIGHTING electrical supplies:var park sites 1,602.66 1,602.66
174649 12/22/2015 003591 RENES COMMERCIAL trash & debris cleanup: right-of-ways 5,000.00
MANAGEMENT
CLEAN-UP SERVICES:CHRISTMAS PARA 2,750.00 7,750.00
174650 12/22/2015 000418 RIVERSIDE CO CLERK & Ntc determination fee: Uptown Temecula 40.00 40.00
RECORDER
174651 12/22/2015 010777 RIVERSIDE CO EXECUTIVE FY 15/16 SCFA MISC REIMB EXPENSES 997.47 997.47
OFFICE
174652 12/22/2015 000267 RIVERSIDE CO FIRE FPARC-TM, 232277, 15-16, Q1 947,609.17 947,609.17
DEPARTMENT
174653 12/22/2015 008739 ROSE CITY LABEL Fire promo items: Prevention 533.00 533.00
174654 12/22/2015 012251 ROTH, DONALD J.
174655 12/22/2015 015316 S & S INTERIORS, INC.
174656 12/22/2015 008404 SAFE CHECKS
174657 12/22/2015 000278 SAN DIEGO UNION TRIBUNE
174658 12/22/2015 009980 SANBORN, GWYNETH A.
174659 12/22/2015 017464 SCRUBS AC INC
TCSD Instructor Earnings
TCSD Instructor Earnings
restrooms renovation:mpsc rehab
Accts payable checks:finance dept
Nov public ntcs:City Clerk/Finance
252.00
189.00
7,815.00
845.41
272.00
441.00
7,815.00
845.41
Dec advertising:Planning 182.88 454.88
COUNTRY LIVE! @ THE MERC 12/19 911.25 911.25
Uniforms & lab coats:pennypickle staff 385.35
Uniforms & lab coats:pennypickle staff 12.10 397.45
Page6
apChkLst Final Check List Page: 7
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK
Check # Date
Vendor
174660 12/22/2015 015364 SEASIDE ICE, LLC
174661 12/22/2015 013376 SECURITY SIGNAL DEVICES
INC
174662 12/22/2015 017365 SELSTAD, LONNIE
174663 12/22/2015 009213 SHERRY BERRY MUSIC
174664 12/22/2015 013695 SHRED -IT US JV, LLC
174665 12/22/2015 009746 SIGNS BY TOMORROW
174666 12/22/2015 018541 SKIP (SPECIAL KIDS
INTERESTED
174667 12/22/2015 000537 SO CALIF EDISON
174668 12/22/2015 002503 SOUTH COAST Al R QUALITY
174669 12/22/2015 000519 SOUTH COUNTY PEST
CONTROL INC
174670 12/22/2015 013351 SPECIAL OLYMPICS SO CALIF
INC
(Continued)
Description
Sponsor graphic for ice skating rink
CABLING SRVCS: THEATER
DIXIELAND @ THE MERC 12/20
JAZZ @ THE MERC 12/17
12/2/15 doc shred srvcs: crc
12/2/15 doc shred srvcs: library
Public ntc posting xx-1496: Planning
Public ntc posting xx-0514: Planning
Public ntc posting xx-0763: Planning
FY 15/16 Council CSF Award
Nov 2-01-202-7330 various mtrs
Nov 2-01-202-7603 Arterial Street Lights
Nov 2-00-397-5059 various mtrs
Nov 2-02-351-5281 CRC
Nov 2-26-887-0789 various mtrs
Nov 2-20-798-3248 C. Museum
Nov 2-10-331-2153 TCC
Nov 2-30-608-9384 Harveston Dr
Nov 2-33-777-1950 40135 Village Rd
Nov 2-31-419-2659 Ynez Rd TC1
Nov 2-36-171-5626 Butterfield Stage Rd
Nov 2-33-237-4818 30499 Rancho Calif
Nov 2-35-576-2634 F.V. Pkwy
Nov 2-29-223-9571 various mtrs
Nov 2-30-066-2889 Rancho Vista PED
Ann'I operating fees: Stn 84
FY 15/16 emissions fees:Stn 84
pest control srvcs: Paloma del Sol Park
pest control srvcs: Stn 95
FY 15/16 Community Srvc Funding
174671 12/22/2015 017611 SPERLING, MARVIN balance due/performance: NYE event
Amount Paid
Check Total
150.00
146.99
139.72
462.00
17.20
16.54
296.40
148.20
148.20
1,000.00
79, 768.17
25,626.54
8,933.21
4,667.40
1,643.20
1,119.56
739.36
536.21
531.58
158.48
134.61
100.61
84.15
57.24
28.76
346.54
121.44
94.00
80.00
2,500.00
150.00
146.99
139.72
462.00
33.74
592.80
1,000.00
124,129.08
467.98
174.00
2,500.00
1,250.00 1,250.00
Page:7
apChkLst Final Check List Page: 8
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174672 12/22/2015 016257 SPICERS PAPER, INC. white copy paper:Central Services
Amount Paid Check Total
3,958.55 3,958.55
174673 12/22/2015 000293 STADIUM PIZZA INC REFRESHMENTS:HUMAN SRVCS 57.94 57.94
PGRM
174674 12/22/2015 008337 STAPLES BUSINESS
ADVANTAGE
174675 12/22/2015 016262 STEVE ADAMIAK GOLF
INSTRUCTION
174676 12/22/2015 001546 STRAIGHT LINE GLASS
174677 12/22/2015 003840 STRONGS PAINTING
174678 12/22/2015 009117 TARRANT, JULIE
174679 12/22/2015 010046 TEMECULA VALLEY
CONVENTION &
174680 12/22/2015 001403 TEMECULA VALLEY SOCCER
ASSN
174681 12/22/2015 010276 TIME WARNER CABLE
174682 12/22/2015 016796 TIME WARNER CABLE MEDIA
174683 12/22/2015 010558 TRADE IN.COM INC
174684 12/22/2015 017579 US HEALTHWORKS MEDICAL
GROUP
MISC OFFICE SUPPLIES: FINANCE 94.95
MISC OFFICE SUPPLIES: FINANCE
MISC OFFICE SUPPLIES: FINANCE
Misc office supplies: MPSC
Misc office supplies: pw cip
MISC OFFICE SUPPLIES: FINANCE
MISC OFFICE SUPPLIES: HUMAN SRVCE
Mlsc office supplies: MPSC
Credit:misc office supplies/MPSC
MISC OFFICE SUPPLIES: FINANCE
Misc office supplies: pw cip
82.45
82.06
63.27
40.01
37.82
37.25
22.28
-23.03
12.95
10.96
TCSD Instructor Earnings 630.00
460.97
TCSD Instructor Earnings 546.00
TCSD Instructor Earnings 525.00
TCSD Instructor Earnings 336.00 2,037.00
replace windows: tcsd civic center 3,279.91 3,279.91
painting srvcs:hary lake park gazebos 5,000.00 5,000.00
reimb: mileage WRCOG PWC meeting 46.98 46.98
Oct '15 Bus. Impry DistrictAsmnts 151,857.93 151,857.93
Refund: sec deposit/sports-snack bar 200.00 200.00
Dec high speed internet 32364 Ovrind Trl 52.99 52.99
Advertising: television spot winterfest 1,337.00 1,337.00
Deposit/furniture:MPSC 809.46 809.46
Medical screenings:HR 198.00 198.00
Page6
apChkLst Final Check List Page: 9
12/22/2015 11:24:16AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174685 12/22/2015 014848 VALUTEC CARD SOLUTIONS, Nov ticketing srvcs:Theater
LLC
174686 12/22/2015 004261 VERIZON Dec xxx-5694 general usage
174687 12/22/2015 004789 VERIZON
Amount Paid Check Total
124.00 124.00
120.96 120.96
Dec Internet svcs: C. Museum Gift Shop 134.99
Dec Internet svcs: TCC 129.99
Dec Internet svcs: Skate Park 39.95
Dec Internet svcs: Library 11.22
Dec Internet svcs: Library 11.22
327.37
174688 12/22/2015 004848 VERIZON Nov long distance phone svcs 3.48 3.48
174689 12/22/2015 009101 VISION ONE INC Nov ShoWare ticketing srvcs:Theater 1,628.30 1,628.30
174690 12/22/2015 018425 W.T. BERESFORD COMPANY supplies for TCC 152.92 152.92
174691 12/22/2015 006248 WALKER, JESSICA TCSD Instructor Earnings 134.40 134.40
174692 12/22/2015 007987 WALMART Misc supplies:crc 181.20
MISC SUPPLIES:MPSC 144.66
Misc supplies:crc 86.14 412.00
174693 12/22/2015 003730 WEST COAST ARBORISTS INC 11/16-30 annual row trimming:citywide 7,819.00
11/16-30 tree trimmings:old town 3,955.00
11/16-30 tree trimmings:crowne hill 1,587.00
11/25-30 tree trimming srvcs:foc 735.00
11/16-30 tree & plant maint:vail ranch 238.00
Grand total for UNION BANK:
14, 334.00
1,459,311.48
Page9
apChkLst
Final Check List
12/22/2015 11:24:16AM CITY OF TEMECULA
Page: 10
123 checks in this report.
Grand Total All Checks:
1,459,311.48
Pagel 0
apChkLst Final Check List Page: 1
12/29/2015 4:18:05PM CITY OF TEMECULA
Bank : union UNION BANK
Check # Date Vendor
2867 12/28/2015 003347 FIRST BANKCARD CENTER
Description
Amount Paid Check Total
006944 OMNI HOTELS JC LODGING 11/3-11/7 NAT'L LEAGUE 1,333.40
OF
006942 ONTARIO AIRPORT JC PARKING 11/3-11/7 NAT'L LEAGUE 90.00 1,423.40
OF
2868 12/31/2015 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,128.45 1,128.45
SUPPORT
2871 12/31/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 1,942.40 1,942.40
SOLUTION PAYMENT
174694 12/29/2015 004802 ADLERHORST INTERNATIONAL Police k-9 training and equipment 316.68 316.68
INC
174695 12/29/2015 013950 AQUA CHILL OF SAN DIEGO DEC DRINKING WATER SRVCS:INFO 56.70 56.70
TECH
174696 12/29/2015 017149 B G P RECREATION, INC. TCSD INSTRUCTOR EARNINGS 336.00 336.00
174697 12/29/2015 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 54.51 54.51
174698 12/29/2015 005716 BIRTH CHOICE OF TEMECULA FY 15/16 COMMUNITY SERVICE 5,000.00 5,000.00
INC FUNDING
174699 12/29/2015 008605 BONTERRA PSOMAS 10/30-11/26 CNSLT SVCS:PECHANGA 3,637.50 3,637.50
PKWY ENV
174700 12/29/2015 017115 BUREAU OF OFFICE NOV 15 TRANSCRIPTION SRVCS: 30.92 30.92
SERVICES, INC POLICE DEPT
174701 12/29/2015 001178 C M S BUSINESS FORMS INC Printing srvcs:sister cities pgrm 3,149.51 3,149.51
174702 12/29/2015 004248 CALIF DEPT OF
JUSTICE-ACCTING
174703 12/29/2015 017836 CALIFORNIA SCHOOL
174704 12/29/2015 018546 CANNON, MARIE
NOV 15 FINGERPRINTING SRVCS:VAR 2,717.00
DEPTS
JUL 15 DOJ FINGERPRINTING SRVCS:PC 25.00 2,742.00
REFUND:SEC DEP:CONFERENCE 150.00 150.00
CENTER A/B
REFUND:SEC DEP:RM RENTAL: MPSC 200.00 200.00
174705 12/29/2015 000131 CARL WARREN & COMPANY NOV 15 CLAIM ADJUSTER SVCS 6,135.96
INC
JUL 15 CLAIM ADJUSTER SERVICES 1,149.96
7,285.92
Pagel
apChkLst Final Check List Page: 2
12/29/2015 4:18:05PM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174706 12/29/2015 009640 CERTIFION CORPORATION NOV 15 ONLINE DATABASE SBSCRPTN
- POLICE
174707 12/29/2015 000137 CHEVRON AND TEXACO NOV CITY VEHICLE FUEL: POLICE
DEPT
174708 12/29/2015 002990 DAVID TURCH &ASSOCIATES NOV & DEC 15 FED LEGISLATIVE
CONSULTING
Amount Paid Check Total
150.00 150.00
1,675.68 1,675.68
7,000.00 7,000.00
174709 12/29/2015 016756 DOCTORS NUTRITIONAL K-9 FOOD - POLICE 161.25
PRODUCTS
K-9 FOOD - POLICE 82.80
174710 12/29/2015 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES: PUBLIC 255.50
LUBRICANTS WORKS
FUEL FOR CITY VEHICLES: TCSD 137.58
FUEL FOR CITY VEHICLES: PUBLIC WOF 84.02
FUEL FOR CITY VEHICLES: POLICE DEP' 65.82
174711 12/29/2015 002528 EAGLE GRAPHIC CREATIONS RECOGNITION PLAQUE:TEMECULA
INC POLICE
244.05
542.92
71.82 71.82
174712 12/29/2015 016839 EHS INTERNATIONAL, INC. NOV 15 CNSLTNT SRVCS:EMPLOYEE 3,062.50 3,062.50
SAFETY PRG
174713 12/29/2015 018523 EVENT CARPET PROS, INC Theater - Red Carpet 2,113.83 2,113.83
174714 12/29/2015 000165 FEDERAL EXPRESS INC 12/10/15 EXPRESS MAIL SVCS: TCSD 17.79 17.79
174715 12/29/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 350.00 350.00
174716 12/29/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 323.61 323.61
174717 12/29/2015 002982 FRANCHISE TAX BOARD SEPT -DEC '15 330383649 2015 FORM 283.50 283.50
592
174718 12/29/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00
174719 12/29/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 45.00 45.00
174720 12/29/2015 013076 GAUDET, YVONNE M. TCSD INSTRUCTOR EARNINGS 532.00 532.00
174721 12/29/2015 000177 GLENNIES OFFICE PRODUCTS NOV 15 MISC. OFC SUPPLIES: FIRE 733.59 733.59
INC DEPT
Paget
apChkLst
12/29/2015 4:18:05PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank : union UNION BANK
Check # Date
Vendor
174722 12/29/2015 018549 GONZALEZ, ALEX
174723 12/29/2015 004813 M & J PAUL ENTERPRISES INC
174724 12/29/2015 017427 MATCHETT, VIVIAN
174725 12/29/2015 012264 MIRANDA, JULIO C.
174726 12/29/2015 016445 MKB PRINTING &
PROMOTIONAL INC
174727 12/29/2015 004040 MORAMARCO, ANTHONY J.
174728 12/29/2015 014464 MSA SYSTEMS, INC
174729 12/29/2015 018099 NATIONAL SAFETY
COMPLIANCE
174730 12/29/2015 003964 OFFICE DEPOT BUSINESS SVS
DIV
174731 12/29/2015 002105 OLD TOWN TIRE & SERVICE
174732 12/29/2015 017582 RABIDOU, BRANDON A.
174733 12/29/2015 000262 RANCHO CALIF WATER
DISTRICT
(Continued)
Description
REFUND: ON ACCOUNT BALANCE DUE
EQUIP. RENTALS FOR NEWYEAR'S
EVE EVENT
INFLATABLE RENTALS FOR CITYWIDE E`
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
Business Cards: council reorganization.
TCSD INSTRUCTOR EARNINGS
PROMO ITEMS/DESIGN WORK:CSD EVE
TCSD INSTRUCTOR EARNINGS
screen protector (3 -pack, glossy) for
DOT DRUG/ALCOHOL TESTING SVCS:
HR DEPT
MISC OFFICE SUPPLIES:HR
MISC OFFICE SUPPLIES:HR
MISC OFFICE SUPPLIES:HR
MISC OFFICE SUPPLIES:HR
CREDIT:MISC OFFICE SUPPLIES:HR
CITY VEHICLE MAINT
SVCS:EXPEDITION
CITY VEHICLE MAINT SVCS:PW LAND DE
MILEAGE: ENVIRONMENTAL
LEADERSHIP
DEC VARIOUS WATER METERS:PARKS
& SLOPES
DEC VARIOUS WATER METERS:CRC/LIB
NOV 3000354 CRC
NOV 3000618 RANCHO VISTA RD
NOV 3037028 DE PORTOLA RD
NOV VAR WATER METERS:FIRE STNS
Amount Paid
Check Total
30.00
3,995.00
695.00
254.80
145.60
535.50
238.00
232.75
208.25
199.50
58.80
448.97
970.66
950.00
42.00
115.68
161.90
122.20
50.63
14.72
9.44
-50.63
1,810.45
560.67
87.40
8,379.52
2,479.67
452.67
394.84
335.71
323.34
30.00
4,690.00
400.40
1,472.80
448.97
1,962.66
115.68
161.90
146.36
2,371.12
87.40
12, 365.75
Page3
apChkLst
12/29/2015 4:18:05PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank : union UNION BANK
Check # Date
Vendor
174734 12/29/2015 017531 RANCHO FAMILY MEDICAL
GROUP
174735 12/29/2015 000907 RANCHO TEMECULA CAR
WASH
174736 12/29/2015 018548 RENFROW, SANDY
174737 12/29/2015 017761 REYNOLDS BUICK, INC.
174738 12/29/2015 016383 S & R TOWING
174739 12/29/2015 008529 SHERIFFS CIVIL DIV -
CENTRAL
174740 12/29/2015 008529 SHERIFF'S CIVIL DIV -
CENTRAL
174741 12/29/2015 000645 SMART & FINAL INC
174742 12/29/2015 000537 SO CALIF EDISON
174743 12/29/2015 001212 SO CALIF GAS COMPANY
174744 12/29/2015 008337 STAPLES BUSINESS
ADVANTAGE
(Continued)
Description
REFUND: SEC DEPOSIT/TCC
CITY VEHICLE DETAILING
SRVCS:POLICE & BL
REFUND: SHAKESPEARE IN THE
VINES
2015 GMC truck w/dump bed: pw maint
div
TOWING SERVICES - POLICE
TOWING SERVICES - POLICE
TOWING SERVICES - POLICE
SUPPORT PAYMENT
SUPPORT PAYMENT
MISC SUPPLIES:ARTS CULTURE &
EVENTS
MISC SUPPLIES:ARTS CULTURE & EVEN
MISC SUPPLIES:HIGH HOPES PGRM
NOV 2-27-560-0625 DEER HOLLOW
WAY
NOV 2-28-171-2620:40820 WINCHESTER
NOV 2-30-296-9522 VAR METERS
NOV 2-31-693-9784 VARIOUS METERS
NOV 2-29-974-7568 VARIOUS METERS
NOV 2-28-331-4847 32805 PAUBA RD
NOV 2-30-099-3847 29721 RYECREST
NOV 01 5 575 0195 2 STN 92
NOV 055 475 6169 5 DEER HOLLOW WAY
MISC OFFICE SUPPLIES:HUMAN
SRVCS
MISC OFFICE SUPPLIES:HUMAN SRVCS
BILLING ADJ FOR SUPPLIES: FINANCE
MISC OFFICE SUPPLIES:PD MALL STORI
MISC OFFICE SUPPLIES:PD O.T. STOREf
MISC OFFICE SUPPLIES:PD MALL STORI
MISC OFFICE SUPPLIES:PD MALL STORI
MISC OFFICE SUPPLIES:PD O.T. STOREf
MISC OFFICE SUPPLIES:PD MALL STORI
MISC OFFICE SUPPLIES:PD MALL STORI
Amount Paid
Check Total
200.00
31.50
5.00
42, 719.40
210.00
210.00
75.00
100.00
4.24
330.87
209.43
160.60
3,082.66
631.79
592.09
428.84
149.86
108.41
27.20
186.37
152.93
374.17
210.59
170.94
113.28
68.48
61.30
19.43
18.90
16.15
16.08
200.00
31.50
5.00
42, 719.40
495.00
100.00
4.24
700.90
5,020.85
339.30
1,069.32
Page4
apChkLst
12/29/2015 4:18:05PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank : union UNION BANK
Check # Date
Vendor
174745 12/29/2015 003677 TEMECULA MOTORSPORTS
LLC
174746 12/29/2015 005597 TEMECULA VALLEY POP
WARNER INC
174747 12/29/2015 003849 TERRYBERRY COMPANY
174748 12/29/2015 018550 TIMBOL, JHOANNA
174749 12/29/2015 010276 TIME WARNER CABLE
174750 12/29/2015 000668 TIMMY D PRODUCTIONS INC
174751 12/29/2015 010169 UNITED TOWING SERVICE, INC
174752 12/29/2015 004261 VERIZON
174753 12/29/2015 004789 VERIZON
174754 12/29/2015 006290 WOODCREST VEHICLE
CENTER
1000831 12/16/2015 018535 CHANG, SABRINA
1000832 12/17/2015 018545 ELKINS, LISA
1000833 12/16/2015 018406 HAIGHT, CANDY
1000834 12/17/2015 017978 HORVATH, AUBREY
1000835 12/16/2015 018544 PRESTON, EVELYN
(Continued)
Description
MOTORCYCLE
REPAI R/MAI NT:TEM. P. D.
MOTORCYCLE REPAIR/MAINT:TEM. P.D.
MOTORCYCLE REPAIR/MAINT:TEM.P.D.
REFUND: SEC DEPOSIT/CRC
EMPLOYEE RECOGNITION
AWARDS:HR
REFUND: SEC DEPOSIT/HARVESTON
CENTER
JAN HIGH SPEED INTERNET::41000
MAIN ST
DEC HIGH SPEED INTERNET: FIRE STA .c
DEC HIGH SPEED INTERNET: 40820 WN(
SOUND SERVICES:WINTERFEST
ACTIVITIES
SOUND SERVICES:WINTERFESTACTIVI-
TOWING SERVICES:TEMECULA
POLICE
DEC XXX -0074 GENERAL USAGE
DEC XXX -5072 GENERAL USAGE
DEC XXX -0073 GEN USAGE:SR CTR, SK)
DEC INTERNET SVCS: CITY HALL
DEC INTERNET SVCS: LIBRARY
DEC INTERNET SVCS: SENIOR CENTER
RADAR REPAIR SERVICES: POLICE
REFUND: SEC DEP: RM RENTAL:
HARVESTON
REFUND: PRESCHOOL GYMNASTICS
1705.101
REFUND: SEC DEP: RM RENTAL: TCC
REFUND: BREAKFAST WITH SANTA
REFUND: TWAS THE NIGHT BEFORE
CHRISTMAS
Amount Paid
Check Total
340.17
313.68
223.07
200.00
301.60
200.00
4,201.08
120.30
1.60
350.00
150.00
75.00
4,377.64
2,159.78
125.14
289.99
184.99
144.99
130.00
200.00
103.20
200.00
21.00
876.92
200.00
301.60
200.00
4,322.98
500.00
75.00
6,662.56
619.97
130.00
200.00
103.20
200.00
21.00
40.00 40.00
Pages
apChkLst Final Check List Page: 6
12/29/2015 4:18:05PM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
1000836 12/16/2015 018294 WOOLLEY, PATRICIA REFUND:GOOGLE APPS FOR
EDUCATION
1000837 12/23/2015 018535 CHANG, SABRINA REFUND: SEC DEP: RM RENTAL:
HARVESTON
1000838 12/23/2015 018308 COLES, JAMES REFUND: SEC DEP: RM RENTAL: TCC
1000839 12/23/2015 018267 HALL, ROWENA REFUND: SEC DEP: RM RENTAL:
HARVESTON
1000840 12/23/2015 018539 LEASE, NORMA REFUND: SEC DEP: RM RENTAL: TCC
1000841 12/23/2015 018533 MORASCO, TERESA REFUND: BASKETBALL TINY TOTS:
2300.101
1000842 12/23/2015 018543 MOYERS, CAROL REFUND: TWAS THE LIGHTS BEFORE:
9055.102
1000843 12/23/2015 016527 ROWE DANCE ACADEMY REFUND: SEC DEP: RM RENTAL: CRC
Amount Paid Check Total
60.00 60.00
200.00 200.00
200.00 200.00
174.73 174.73
200.00 200.00
50.00 50.00
20.00 20.00
200.00 200.00
1000844 12/23/2015 018532 SKEAT, MARTI REFUND: LOST MAT'L RETURNED TO 17.99 17.99
LIBRARY
1000845 12/23/2015 017277 TOWARD MAXIMUM REFUND: SEC DEP: RM RENTAL: TCC
INDEPENDENCE
200.00 200.00
Grand total for UNION BANK:
135,464.78
Page6
apChkLst
Final Check List
12/29/2015 4:18:05PM CITY OF TEMECULA
Page: 7
79 checks in this report. Grand Total All Checks: 135,464.78
Page:7
apChkLst Final Check List Page: 1
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK
Check # Date Vendor
2869 01/04/2016 000444 INSTATAX (EDD)
2870 01/04/2016 000283 INSTATAX (IRS)
2872 01/05/2016 000246 PERS (EMPLOYEES'
RETIREMENT)
Description
Amount Paid Check Total
STATE TAXES PAYMENT 23,108.28 23,108.28
FEDERAL INCOME TAXES PAYMENT 80,855.44 80,855.44
PERS RETIREMENT PAYMENT 41,104.21 41,104.21
174755 01/07/2016 016764 ABM BUILDING SERVICES, LLC NOV 15 - FEB 16 HVAC PREV MAINT 10,138.00
SVCS: VA
EMERGENCY REPAIR SVCS:CIVIC CENT 357.90
174756 01/07/2016 001517 AETNA BEHAVIORAL HEALTH, JAN 16 EMPLOYEE ASSISTANCE PRGM 655.60
LLC
174757 01/07/2016 003951 ALL AMERICAN ASPHALT
174758 01/07/2016 004240 AMERICAN FORENSIC NURSES
(AFN)
174759 01/07/2016 013950 AQUA CHILL OF SAN DIEGO
ASPHALT SUPPLIES:PW STREETS 555.95
DIVISION
ASPHALT SUPPLIES:PW STREETS DIVIS 514.12
PHLEBOTOMY SRVCS:TEMECULA 508.56
POLICE
PHLEBOTOMY SRVCS:TEMECULA POLIC 127.14
DEC DRINKING WATER 184.14
SYSTEMS:CIVIC CENTER
DEC DRINKING WATER SYSTEMS: MPSC 34.83
DEC 15 DRINKING WATER SRVCS:INFO - 28.35
DEC DRINKING WATER SYSTEMS: JRC 28.35
DEC WATER SRVCS:POLICE STOREFRO 28.35
174760 01/07/2016 004307 ARCH CHEMICALS, INC. DEC WATER MAI NT SVC:HARV
LAKE/DUCK POND
10,495.90
655.60
1,070.07
635.70
304.02
3,900.00 3,900.00
174761 01/07/2016 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 41.38 41.38
174762 01/07/2016 018101 BARN STAGE COMPANY INC, SETTLMENT:NYE CABARET AT THE
THE MERC 12/27
174763 01/07/2016 004262 BIO-TOX LABORATORIES
1,263.75 1,263.75
DRUG/ALCOHOL ANALYSIS:POLICE 2,438.52
DRUG/ALCOHOL ANALYSIS:POLICE 1,665.66
DRUG/ALCOHOL ANALYSIS:POLICE 1,205.94
5,310.12
174764 01/07/2016 014284 BLAKELY'S TRUCK SERVICE MISC FLEET & EQUIP SVCS:STREET 170.80
MAINT
MISC FLEET & EQUIP SVCS:STREET MAI 122.98 293.78
174765 01/07/2016 013098 CADENCE ARTS NETWORK INC ADV PMT:THEATER PERFORMANCE 2,000.00 2,000.00
1/9
174766 01/07/2016 003138 CAL MAT
ASPHALT SUPPLIES: PW STREET 525.55
MAINT DIV
ASPHALT SUPPLIES: PW STREET MAINT 340.74 866.29
Pagel
apChkLst Final Check List Page: 2
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174767 01/07/2016 008525 CALIF NARCOTIC CANINE ANNUAL CONF:1/26-28 COHEN &
ASSOC STAAT
174768 01/07/2016 017698 CALIFORNIAAVERLAND
CONST INC
174769 01/07/2016 017429 COBRA ADVANTAGE INC.
174770 01/07/2016 002945 CONSOLIDATED ELECTRICAL
DIST.
174771 01/07/2016 018564 CORSO, BREK
174772 01/07/2016 008810 CROSSTOWN ELECTRICAL&
DATA
174773 01/07/2016 004194 D L T SOLUTIONS, LLC
174774 01/07/2016 001393 DATA TICKET, INC.
174775 01/07/2016 003945 DIAMOND ENVIRONMENTAL
SRVCS
174776 01/07/2016 004192 DOWNS ENERGY FUEL&
LUBRICANTS
Amount Paid Check Total
650.00 650.00
RELEASE NOTICE: HD SUPPLY C & 58,517.91
I/WHITE
RELEASE NOTICE: LOWRY'S INC 44,846.01
P/E 11/02 THEATER REMEDIATION: PW C 34,087.12
RELEASE NOTICE: SCW CONTRACTING 22,847.39
RELEASE NOTICE: UNITED PAVING CO 10,500.00
RELEASE NOTICE: SAHARA SCAFFOLD I 5,625.00
RELEASE NOTICE: REE MECHANICAL 2,241.73
STOP NOTICE: HD SUPPLY C & I/WHITE i -58,517.91
STOP NOTICE: TN SHEET METAL INC -115,032.38 5,114.87
DEC 15 FLEX PROCESSING FEES 180.00 180.00
var. park site elec. supplies:park maint 635.04 635.04
REFUND:BIGFOOT'S ART & PIZZA 15.00 15.00
PARTY
MAINTAND REPAIR SRVCS: PW 575.00 575.00
TRAFFIC
AUTOCAD SUB RENEWAL:PUBLIC 2,402.31 2,402.31
WORKS
NOV 15 PARKING CITATION 1,168.24 1,168.24
PROCESSING:POLIC
PUMPOUT GREASE INTERCEPTORS: 300.00
MPSC
PUMP OUT GREASE INTERCEPTORS: Cf 125.00
PORTABLE RESTROOMS: LA SERENA W, 52.80
PORTABLE RESTROOMS: LONG CANYOI 52.80
PORTABLE RESTROOMS: RIVERTON PAI 52.80
PORTABLE RESTROOMS: VAIL RANCH P 52.80
FUEL FOR CITY VEHICLES: PUBLIC 652.82
WORKS
FUEL FOR CITY VEHICLES: PUBLIC WOF 547.25
FUEL FOR CITY VEHICLES:TCSD 359.82
FUEL FOR CITY VEHICLES: BLDG INSPEE 116.40
FUEL FOR CITY VEHICLES: TRAFFIC DIV 75.21
FUEL FOR CITY VEHICLES: LAND DEV & 46.66
174777 01/07/2016 003200 DP TRADING, INC. CITY SEAL LAPEL PINS
636.20
1,798.16
1,290.00 1,290.00
Paget
apChkLst Final Check List Page: 3
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174778 01/07/2016 002390 EASTERN MUNICIPAL WATER DEC WATER METER:32131 S LOOP RD 323.94
DIST LDSC
DEC WATER METER:32131 S LOOP RD D 43.61
174779 01/07/2016 011292 ENVIRONMENTAL SCIENCE SEP SUPPLEMENTAL EIR:TEM VALLEY 12,432.50
ASSOC. HOSPITAL
JUL SUPPLEMENTAL EIR:TV HOSPITAL F 11,682.50
SEP EIR FOR PROPOSED ALTAIR SPECII 4,430.00
AUG EIR FOR PROPOSED ALTAIR SPECT 4,237.50
OCT EIR FOR PROPOSED ALTAIR SPECII 648.25
174780 01/07/2016 015090 EVAPCO PRODUCTS, INC. DEC 15 MAINT SVCS: WATER 550.00
SYSTEM:CIVIC CT
174781 01/07/2016 004836 EWING IRRIGATION
PRODUCTS INC
174782 01/07/2016 001056 EXCEL LANDSCAPE, INC.
IRRIG VALVES: CAMPOS VERDE
SLOPE
IRRIG MASTER VALVES:VAIL RANCH SLC
LDSCP REPAIRS:TEM PKWY TRAFFIC
ACCIDENT
IRRIGATION REPAIR:VAIL RANCH SLOPE
MISC LANDSCAPE MAINT SRVCS:VAR P/
IRRIG REPAIR:VINTAGE HILLS SLOPE
IRRIGATION REPAIRS:VAIL RANCH SLOF
IRRIGATION REPAIRS: VAIL RANCH SLOT
IRRIGATION REPAIRS:VAIL RANCH SLOF
IRRIGATION REPAIRS: VAIL RANCH SLOT
174783 01/07/2016 003747 FINE ARTS NETWORK STTLMNT: "NUTCRACKET BALLET"
12/17-12/23
3,091.02
1,293.73
2,700.00
367.55
33,430.75
550.00
4,384.75
624.70
410.62
278.53
261.24
220.40
191.89
110.81 4,798.19
44,611.47 44,611.47
174784 01/07/2016 016436 FRICK, TRACY REIMB: TVM ENHANCEMENTS FOR 541.83
EXHIBIT
174785 01/07/2016 013076 GAUDET, YVONNE M. TCSD INSTRUCTOR EARNINGS 134.40
174786 01/07/2016 014716 GETTLER, RISA PERFORMANCE:NYE GRAPE DROP 200.00
12/31
174787 01/07/2016 000177 GLENNIES OFFICE PRODUCTS NOV 15 MISC. OFFICE 468.43
INC SUPPLIES:PLANNING
174788 01/07/2016 015451 GREATAMERICA FINANCIAL
SVCS
DEC 15 LEASE COPIERS:CITY
HALL/TVE2
DEC 15 LEASE FOR 6 COPIERS:LIBRARY
DEC 15 LEASE COPIERS:CITY HALL/OFF
1,341.70
788.41
289.44
541.83
134.40
200.00
468.43
2,419.55
174789 01/07/2016 013749 HELIXSTORM INC. FIREWALLANNUALSUBSCRIPTION 9,082.57 9,082.57
RENEWAL
174790 01/07/2016 012204 HERITAGE FAMILY MINISTRIES TCSD INSTRUCTOR EARNINGS 962.50
TCSD INSTRUCTOR EARNINGS
532.00 1,494.50
Page3
apChkLst Final Check List Page: 4
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date
Vendor
174791 01/07/2016 001119 HOUSTON & HARRIS PCS INC
174792 01/07/2016 003624 HOWELL, ANN MARIE
174793 01/07/2016 001407 INTER VALLEY POOL SUPPLY
INC
174794 01/07/2016 010676 INTERWEST CONSULTING
GROUP INC
174795 01/07/2016 018352 JAMES ELLIOTT
ENTERTAINMENT,
174796 01/07/2016 004115 K T U &ASSOCIATES
174797 01/07/2016 015358 KELLY PAPER COMPANY, INC.
174798 01/07/2016 001091 KEYSER MARSTON
ASSOCIATES INC
174799 01/07/2016 018500 LABOR READY SOUTHWEST,
INC
174800 01/07/2016 016110 LDCO, INC.
174801 01/07/2016 002634 LITELINES INC
174802 01/07/2016 013982 MCI COMM SERVICE
174803 01/07/2016 003782 MAIN STREET SIGNS
174804 01/07/2016 004141 MAINTEX INC
174805 01/07/2016 018174 MARMADUKE, INC.
Description
VIDEO INSPECTION:DURNEY COURT
INSIDE TEMECULA NEWSLETTER:CM
OFFICE
sanitizing chemical supplies:var pools
NOV 15 INSPECT & PLAN CHECK
SRVCS: B&S
PERF: SOUTHBOUND & CO 1/14/16
SEP TRAILS & BIKEWAYS MASTER
PLAN UPDATE
PAPER LAMINATING SUPPLIES:
CENTRAL SVCS
NOV 15 CNSLTNG SRVCS: LAND USE
ECONOMIC
12/05-12/11 TEMP HELP: STREET &
PARK MAI
11/29-12/04 TEMP HELP: STREET & PARK
DEC 15 RENOVATION OF FIRE STN 73:
CIP
STOP NOTICE: HUB CONSTRUCTION
LIGHTS:OLD TOWN LIGHTS
DEC XXX -0714 GEN USAGE:PD MALL
ALARM
DEC XXX -0346 GENERAL USAGE
VARIOUS TRAFFIC SIGNS: PW
TRAFFIC
misc sign supplies:pw street maint div
misc sign supplies:pw street maint div
misc sign supplies:pw street maint div
misc sign supplies:pw street maint div
misc sign supplies:pw street maint div
misc sign supplies:pw street maint div
misc cleaning supplies: var facilities
REPAIR TO DAMAGE TO BOARDING
FACILITY: R
Amount Paid Check Total
1,260.00
2,065.00
606.85
6,600.00
2,000.00
3,317.50
773.58
1,258.75
1,644.00
318.53
85,086.75
-8,821.20
1,436.40
34.87
31.92
2,470.45
787.81
699.84
388.31
192.80
183.55
125.89
1,747.12
1,260.00
2,065.00
606.85
6,600.00
2,000.00
3,317.50
773.58
1,258.75
1,962.53
76,265.55
1,436.40
66.79
4,848.65
1,747.12
875.00 875.00
Page:4
apChkLst Final Check List Page: 5
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
174806 01/07/2016 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIPMENT: PW
TRAFFIC
Amount Paid Check Total
22,852.80 22,852.80
174807 01/07/2016 015959 MEHEULA MUSIC PERFORMANCE:THEATER 2015 & 2016 7,000.00 7,000.00
174808 01/07/2016 015259 MERCURY DISPOSAL HOUSEHOLD BATTERY RECYCLING 216.60 216.60
SYSTEMS, INC. PROGRAM
174809 01/07/2016 018314 MICHAEL BAKER INT'L INC. P/E 11/29 DSGN SRVCS YNEZ RD
SIDEWALKS
174810 01/07/2016 004951 MIKE'S PRECISION WELDING MISC WELDING & FAB SRVCS: VAR
INC. PARKS
174811 01/07/2016 013827 MIKO MOUNTAINLION, INC. REPLACE GUARD RAIL: WINCHESTER
RD
174812 01/07/2016 016445 MKB PRINTING & Police business cards - FY15/16
PROMOTIONAL INC
2,227.23 2,227.23
380.00 380.00
2,500.00 2,500.00
47.12 47.12
174813 01/07/2016 004040 MORAMARCO, ANTHONY J. TCSD INSTRUCTOR EARNINGS 546.00 546.00
174814 01/07/2016 001986 MUZAK LLC JAN 16 DISH NETWORK 140.85
PROGRAMING:FOC
JAN 16 DISH NETWORK PRGM:41952 6T1 59.06
174815 01/07/2016 017861 MYTHOS TECHNOLOGY INC IT MONITORING SRVCS: TVE2 100.00
199.91
100.00
174816 01/07/2016 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:HR 19.11
DIV
MISC OFFICE SUPPLIES:HR 9.71 28.82
174817 01/07/2016 002105 OLD TOWN TIRE & SERVICE VEH REPAIR & MAINT:PREVENTION 499.63 499.63
174818 01/07/2016 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIR/MAINT:B&S DEPT 213.35
VEHICLE REPAIR/MAINT:B&S DEPT
50.39 263.74
174819 01/07/2016 002105 OLD TOWN TIRE & SERVICE VEH MAINT & REPAIRS:PARKS & 178.01
FACILITIES
VEH REPAIRS & MAINT:PW STREET MAlf 141.95
174820 01/07/2016 002800 PACIFIC STRIPING INC STRIPING SERVICES:PW TRAFFIC 8,630.00
174821 01/07/2016 010338 POOL & ELECTRICAL pool supplies:chemicals:var pool sites 283.50
PRODUCTS INC
pool supplies:chemicals:var pool sites 229.99
174822 01/07/2016 014957 PRN PRODUCTIONS SETTLEMENT:COMEDYATTHE MERC 372.40
12/26
319.96
8,630.00
513.49
372.40
Pages
apChkLst Final Check List Page: 6
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date
Vendor
174823 01/07/2016 004029 R J M DESIGN GROUP INC
174824 01/07/2016 000262 RANCHO CALIF WATER
DISTRICT
174825 01/07/2016 018172 RAW ZEAL PRODUCTIONS, INC
174826 01/07/2016 017391 RISE INTERPRETING, INC.
174827 01/07/2016 014027 RIVERSIDE CO ECO DEV
AGENCY
174828 01/07/2016 018553 RUTH MOODY
174829 01/07/2016 009196 SACRAMENTO THEATRICAL
LIGHTING
174830 01/07/2016 000278 SAN DIEGO UNION TRIBUNE
174831 01/07/2016 009980 SANBORN, GWYNETH A.
174832 01/07/2016 017830 SERTA MATTRESS COMPANY
174833 01/07/2016 013695 SHRED -IT US JV, LLC
174834 01/07/2016 018557 SIERRA, NATY
Description
NOV DESIGN SVCS:TEEN/YOUNG
ADULT VLG
I-15/SR-79S ULTIMATE INTERCHG:JOB
E1631 -
ADV PMT:THEATER PERFORMANCE
1/9/16
FINAL PMT:THEATER PERFORMANCE 1/S
INTERPRETER SVCS:PLANNING 9/10
10/1-12/31/15 STAFFING:LIBRARY
Theater Performance: Jan 15, 2016
THEATRICAL LIGHTING:THEATER
Advertising for Public Notices -
12/15 LEGAL ADVERTISING:CITY CLERK
SETTLEMENT:COUNTRYATTHE MERC
1/2
FURNISHINGS:FIRE STN 73
BED FRAMES: FIRE STN 73
DOCUMENT COLLECTION & SHRED
SRVCS
DOCUMENT SHRED SVCS:POLICE
REFUND:SEC DEP:RM RENTAL:TCC
Amount Paid Check Total
1,153.55
5,392.36
4,000.00
4,000.00
160.00
41,860.00
2,790.00
118.16
4,747.80
54.00
621.00
4,648.32
587.52
63.00
16.54
174.73
1,153.55
5,392.36
8,000.00
160.00
41,860.00
2,790.00
118.16
4,801.80
621.00
5,235.84
79.54
174.73
174835 01/07/2016 009746 SIGNS BY TOMORROW BANNERS:CITYWIDE CLEAN-UP 63.42 63.42
9/16/15
Page6
apChkLst Final Check List Page: 7
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor Description Amount Paid
174836 01/07/2016 000537 SO CALIF EDISON
174837 01/07/2016 001212 SO CALIF GAS COMPANY
Check Total
DEC 2-32-903-8293:41000 MAIN ST 12,893.38
DEC 2-31-912-7494:28690 MERCEDES 1,460.50
DEC 2-30-520-4414:32781 TEM PKWY LS: 1,181.74
DEC 2-29-224-0173:32364 OVERLAND TR 1,053.94
DEC 2-02-351-4946:41845 6TH ST 730.98
DEC 2-35-403-6337:41375 MCCABE CT 703.09
DEC 2-34-624-4452:32131 S LOOP RD LO 660.72
DEC 2-18-937-3152:28314 MERCEDES 521.00
DEC 2-19-171-8568:28300 MERCEDES 505.42
DEC 2-25-393-4681:41951 MORAGA RD 376.08
DEC 2-31-536-3481:41902 MAIN ST 275.16
DEC 2-31-536-3655:41904 MAIN ST 198.79
DEC 2-35-664-9053:29119 MARGARITA RE 161.72
DEC 2-28-904-7706:32329 OVERLAND TR 154.59
DEC 2-14-204-1615:30027 FRONT ST RDI, 36.41
DEC 2-36-641-3912:27498 ENTERPRISE ( 35.35
DEC 2-33-357-5785:44747 REDHAWK PK)d 31.72
DEC 2-36-641-3839:27498 ENTERPRISE ( 31.32
DEC 2-35-164-3770:43487 BUTTERFIELD 28.67
DEC 2-35-164-3242:44270 MEADOWS PK1 27.91
DEC 2-35-164-3663:42335 MEADOWS PK1 26.93
DEC 2-35-164-3515:32932 LEENA WAY 26.93
DEC 2-34-333-3589:41702 MAIN ST 26.88
DEC 2-31-031-2616:27991 DIAZ RD 26.51
DEC 2-31-282-0665:27407 DIAZ RD 26.51
DEC 2-29-807-1093:28079 DIAZ RD 26.09
DEC 2-29-657-2787:41638 WINCHESTER 25.66
DEC 2-29-933-3831:43230 BUS PARK DR 1,600.52
DEC 2-31-419-2873:43000 HVVY-395 25.52
DEC 2-29-807-1226:28077 DIAZ RD 25.08
DEC 2-21-981-4720:30153 TEM PKWY TPI 25.65
DEC 091-024-9300-5:30875 RANCHO 3,271.62
VISTA
DEC 129-535-4236-7:41000 MAIN ST 2,126.17
DEC 125-244-2108-3:30600 PAUBA RD 493.36
DEC 026-671-2909-8:42051 MAIN ST 358.05
DEC 095-167-7907-2:30650 PAUBA RD 293.47
DEC 021-725-0775-4:41845 6TH ST 238.09
DEC 196-025-0344-3:42081 MAIN ST 170.07
DEC 101-525-0950-0:28816 PUJOL ST 165.53
DEC 181-383-8881-6:28314 MERCEDES 5 157.14
DEC 055-461-2483-4:40135 VILLAGE RD 150.15
DEC 129-582-9784-3:43230 BUS PARK DF 146.91
DEC 028-025-1468-3:41375 MCCABE CT 86.43
DEC 101-525-1560-6:27415 ENTERPRISE 34.86
DEC 133-040-7373-0:43210 BUS PARK DF 22.24
22,930.77
7,714.09
Page:7
apChkLst Final Check List Page: 8
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date
Vendor
174838 01/07/2016 000519 SOUTH COUNTY PEST
CONTROL INC
174839 01/07/2016 009379 SOUTHWEST WOMEN'S
CHORUS
174840 01/07/2016 008337 STAPLES BUSINESS
ADVANTAGE
174841 01/07/2016 014665 STAR WAY SYSTEMS
CORPORATION
174842 01/07/2016 001546 STRAIGHT LINE GLASS
174843 01/07/2016 010679 TEMECULA AUTO
REPAIR/RADIATOR
174844 01/07/2016 003677 TEMECULA MOTORSPORTS
LLC
174845 01/07/2016 003067 TEMECULA VALLEY R V
SERVICE
174846 01/07/2016 004274 TEMECULA VALLEY SECURITY
CENTR
174847 01/07/2016 003849 TERRYBERRY COMPANY
174848 01/07/2016 010276 TIME WARNER CABLE
174849 01/07/2016 018558 TIMM, JULIE
174850 01/07/2016 010724 TOWN & COUNTRY RESORT
HOTEL
174851 01/07/2016 018556 TRAUB, NORMAN, A.
174852 01/07/2016 012549 UPODIUM
174853 01/07/2016 017579 US HEALTHWORKS MEDICAL
GROUP
Description
PEST CONTROL SVCS:VAR FACILITIES
BEE ERADICATION:VARIOUS PARKS
PEST CONTROL SVCS:O.A.T.C.
PEST CONTROL SVCS:FIRE STN 92
STIPEND PERFORMANCE:COMM
SING -A -LONG
MISC OFFICE SUPPLIES:THEATER
AUDIO EQUIP & ENG SVCS:PARADE
REINSTALLED MIRROR:SENIOR
CENTER
VEHICLE MAI NT/REPAIR:PREVENTION
VEHICLE MAI NT/REPAIR:PREVENTION
MOTORCYCLE REPAIR/MAINT:POLICE
MOTORCYCLE REPAIR/MAINT:POLICE
PORTABLE HEATER PROPANE TANK
REFILL:PD
LOCKSMITH SVCS:HARVESTON
CAGE KEYS:MALL STOREFRONT:POLICE
5 -YR SERVICE PIN:D. MCLELLAN:FIRE
DEC HIGH SPEED INTERNET:29119
MARGARITA
REFUND:GOLF - ADULT CLINIC
1503.101
K-9 TRNG CONF:LODGING:MC & CS
1/27
INVESTIGATION SERVICES: HR DEPT
VEHICLE MAINTENANCE:STA 12
MEDICAL SCREENINGS:HR
Amount Paid
Check Total
748.00
49.00
48.00
42.00 887.00
100.00 100.00
62.91 62.91
2,390.00 2,390.00
100.00 100.00
100.30
78.20 178.50
1,084.11
379.07 1,463.18
46.66 46.66
42.00
18.90 60.90
53.61 53.61
73.73 73.73
50.00 50.00
523.60 523.60
2,320.00 2,320.00
23.33 23.33
99.00 99.00
Page:8
apChkLst Final Check List Page: 9
01/07/2016 10:37:22AM CITY OF TEMECULA
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
174854 01/07/2016 004794 VALLEY WINDS COMMUNITY PERFORMANCE: NYE 12/31 500.00 500.00
174855 01/07/2016 004789 VERIZON DEC INTERNET SVCS:THEATER 104.99 104.99
174856 01/07/2016 014486 VERIZON WIRELESS 12/16-01/15 BROADBAND 2,005.10 2,005.10
SVCS:CITYWI DE
174857 01/07/2016 007987 WALMART SPARK OF LOVE TOY DRIVE:FIRE 150.00 150.00
174858 01/07/2016 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:VAR FACILITIES 1,956.47 1,956.47
174859 01/07/2016 003730 WEST COAST ARBORISTS INC ANNUAL ROW TRIMMING:CITYWIDE 259.00 259.00
1000846 12/30/2015 017766 BRAUSE, MELISSA REFUND:BASKETBALL- TINY TOTS 20.00 20.00
2300.102
1000847 12/30/2015 018547 CHEMIDLIN, OFELIA REFUND:CREATE IT! KID'S ART DAYS 10.00 10.00
1000848 12/30/2015 018559 HAWLEY, ROBERT REFUND:CREATE IT! KID'S ART DAYS
1000849 12/30/2015 018560 JOHNSON, KENNETH REFUND:SEC DEP:RM
RENTAL:HARVESTON
1000850 12/30/2015 018561 MOTEN, ELIZABETH REFUND:SEC DEP:RM
RENTAL:HARVESTON
1000851 12/30/2015 018562 ORTIZ, LORA REFUND:CREATE IT! KID'S ART DAYS
1000852 12/30/2015 018563 SOTELO, LEAH REFUND:SEC DEP:RM RENTAL:TCC
10.00 10.00
200.00 200.00
200.00 200.00
10.00 10.00
200.00 200.00
Grand total for UNION BANK:
555,788.01
Page9
apChkLst
Final Check List
01/07/2016 10:37:22AM CITY OF TEMECULA
Page: 10
115 checks in this report.
Grand Total All Checks:
555,788.01
Pagel 0
Item No. 4
Approvals
City Attorney
Finance Director
City Manager
Por -
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: January 26, 2016
SUBJECT: Adopt Ordinance 16-01 Adding Chapter 8.52, Marijuana Cultivation, to the
Temecula Municipal Code Prohibiting Cultivation of Marijuana in the City,
Amending the Zoning Ordinance Prohibiting Marijuana Cultivation In All Zones,
Amending the Definition of Enforcement Official and Finding this Ordinance is
Exempt from the California Environmental Quality Act Pursuant To CEQA
Guidelines, Section 15061(6)(3) (Second Reading)
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 16-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO
PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY,
AMENDING THE ZONING ORDINANCE TO PROHIBIT
MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE
DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES, SECTION 15061(B)(3)
BACKGROUND: The City of Temecula is a general law city formed under the laws
of the State of California. With respect to adoption of ordinances and resolutions, the City
adheres to the requirements set forth in the Government Code. With the exception of urgency
ordinances, Government Code Section 36934 requires two readings of standard ordinances
more than five days apart. Ordinances must be read in full at the time of introduction or passage
unless a motion waiving the reading is adopted by a majority of the City Council present.
Ordinance No. 16-01 was first introduced at the regularly scheduled meeting of January 12,
2016.
FISCAL IMPACT: None
ATTACHMENTS: Ordinance
ORDINANCE NO. 16-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE
TO PROHIBIT THE CULTIVATION OF MARIJUANA IN
THE CITY, AMENDING THE ZONING ORDINANCE TO
PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES,
AMENDING THE DEFINITION OF ENFORCEMENT
OFFICIAL AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO CEQA GUIDELINES,
SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the
Temecula Municipal Code to read as follows:
CHAPTER 8.52 - MARIJUANA CULTIVATION
8.52.010 Findings and purpose.
The City Council finds and declares the following:
A. In 1996, the voters of the State of California approved Proposition 215
(codified as California Health and Safety Code section 11362.5, and
entitled "The Compassionate Use Act of 1996").
B. The intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to use it without fear of criminal
prosecution under limited, specified circumstances. The proposition further
provides that "nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that endangers
others, or to condone the diversion of marijuana for non-medical
purposes." The ballot arguments supporting Proposition 215 expressly
acknowledged that "Proposition 215 does not allow unlimited quantities of
marijuana to be grown anywhere."
C. In 2004, the Legislature enacted Senate Bill 420 (codified as California
Health and Safety Code sections 11362.7 et seq., and referred to as the
"Medical Marijuana Program") to clarify the scope of Proposition 215, and
to provide qualifying patients and primary caregivers who collectively or
cooperatively cultivate marijuana for medical purposes with a limited
defense to certain specified state criminal statutes. Assembly Bill 2650
(2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana
1
Program to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective" and to
civilly and criminally enforce such ordinances.
D. The Medical Marijuana Regulation and Safety Act was enacted by
Chapters 688, 698 and 719 of the Statutes of 2015 and is found at
Chapter 3.5 of Division 8 of the Business and Professions Code. While
the Act establishes standards for the licensed cultivation of medical
marijuana, including, but not limited to, the establishment of uniform state
minimum health and safety standards, and testing standards, the state
requirements established under the Medical Marijuana Regulation and
Safety Act authorize a city to prohibit all cultivation of medical marijuana.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that
"[n]othing in the CUA or the MMP expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use
of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal.
App.4th 975, the Court of Appeal held that "there is no right—and certainly
no constitutional right—to cultivate medical marijuana..." The Court in
Maral affirmed the ability of a local governmental entity to prohibit the
cultivation of marijuana under its land use authority.
F. In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the
California Court of Appeal found that the CUA does not confer a right to
cultivate marijuana and that an ordinance limiting the number of medical
marijuana plants that may be grown outside, precluding marijuana
cultivation within 1000 feet of schools, parks, and churches, and requiring
that an opaque fence of at least six feet to be installed around all
marijuana grows was not preempted by state law. Further, in Maral the
Court of Appeal held that the CUA and the MMP do not preempt a city's
police power to completely prohibit the cultivation of all marijuana within
that City.
G. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or
other substance that has a high potential for abuse, that has no currently
accepted medical use in treatment in the United States, and that has not
been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful, under federal law, for any
person to cultivate, manufacture, distribute or dispense, or possess with
intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for the cultivation,
manufacture, distribution, dispensation, or possession of marijuana for
medical purposes.
2
H. Marijuana cultivation in the City can adversely affect the health, safety,
and well-being of City residents, visitors and workers. Prohibition of
marijuana cultivation in the City is proper and necessary to avoid the risks
of criminal activity, degradation of the natural environment, malodorous
smells, and indoor electrical fire hazards that may result from unregulated
marijuana cultivation, and that are especially significant if the amount of
marijuana cultivated on a single premises is not regulated and substantial
amounts of marijuana are thereby allowed to be concentrated in one
place.
1. The justification for regulating or banning marijuana cultivation pursuant to
the City's police power includes, but is not limited to: 1) The increased risk
to public safety, based on the value of marijuana plants and the
accompanying threat of break-ins, robbery and theft, and attendant
violence and injury; 2) the strong "skunk like" malodorous fumes emitted
from mature plants which can interfere with the use and enjoyment of
neighboring properties by their occupants; and 3) the potential for theft
and use by school age children where medical marijuana is cultivated in a
visible location, particularly where such location is close to schools.
J. Marijuana cultivation at locations or premises within one thousand feet of
schools, parks, and community centers creates unique risks that the
marijuana plants may be observed by minors, and therefore be especially
vulnerable to theft or recreational consumption by minors. Further, the
potential for criminal activities associated with marijuana cultivation in
such locations poses heightened risks that minors will be involved or
endangered. Therefore, any amount of marijuana cultivation in such
locations or premises is especially hazardous to public safety and welfare,
and to the protection of children and the person(s) cultivating the
marijuana plants.
K. As recognized by the Attorney General's August 2008 Guidelines for the
security and non -diversion of marijuana grown for medical use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or
businesses may be negatively impacted by nuisance activity such as
loitering or crime.
L. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program and the Medical
Marijuana Regulation and Safety Act does not confer a land use right or
the right to create or maintain a public nuisance.
8.52.020 Authority.
This ordinance is adopted pursuant to the authority granted by Article XI, section
7 of the California Constitution, Health and Safety Code section 11362.83,
3
Government Code sections 25845 and 53069.4, the Medical Marijuana
Regulation and Safety Act, and other applicable law.
8.52.030 Definitions.
The terms used in this Chapter shall have the definitions provided in Section
17.34.010 of this Code unless otherwise specified. As used in this Chapter the
following specific terms shall have the following meanings:
A. "Child care center." Any licensed child care center, daycare center, child
care home, or any preschool.
B. "Community center." Any facility open to the public at which classes,
social activities, recreational activities, educational activities, support and
public information are offered for all residents of the community.
C. "Marijuana cultivation." The planting, growing, harvesting, drying,
processing, or storage of one or more marijuana plants or any part thereof
in any location, indoor or outdoor, fixed or mobile, for medical or other
uses, including from within a fully enclosed and secure building.
D. "Primary caregiver." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
E. "Qualified patient." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
F. "School." An institution of learning for minors, whether public or private,
offering a regular course of instruction required by the California Education
Code. This definition includes a nursery school, kindergarten, elementary
school, middle or junior high school, senior high school, or any special
institution of education, but it does not include a home school, vocational
or professional institution of higher education, including a community or
junior college, college, or university.
G. "Youth -oriented facility." Any facility that caters to or provides services
primarily intended for minors, or the individuals who regularly patronize,
congregate or assemble at the establishment are predominantly minors.
8.52.040 Prohibitions on marijuana cultivation—Nuisance declared.
Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or
other uses, is prohibited on all parcels, all zones, and all specific plan areas in
the City and is hereby declared to be unlawful and a public nuisance. No person
owning, renting, leasing, occupying or having charge or possession of any parcel
shall cause or allow such parcel to be used for marijuana cultivation. The
foregoing prohibition shall be imposed regardless of the number of qualified
patients or primary caregivers residing at the premises or participating directly or
4
indirectly in the cultivation. Further, this prohibition shall be imposed
notwithstanding any assertion that the person or persons cultivating marijuana
are the primary caregiver or caregivers for qualified patients or that such person
or persons are collectively or cooperatively cultivating marijuana.
8.52.050 Abatement of unlawful marijuana cultivation. Violations of this
Chapter shall be subject to penalties and abatement as provided in Title 1 and
Chapter 8.12 this code. No provision of Title 1 or Chapter 8.12 shall authorize a
criminal prosecution or arrest prohibited by Health and Safety Code section
11362.71 et seq.
8.52.060 - Limited exemption from enforcement.
A. The City is committed to making efficient and rational use of its limited
investigative and prosecutorial resources. There shall be a limited exemption
from enforcement for violations of this Chapter by primary caregivers and
qualified patients for small amounts of marijuana cultivation for their own medical
use in zone classifications identified Section 17.06.030 on which a single family
detached dwelling exists when all of the following conditions and standards are
complied with:
1. The premises shall contain a legally permitted single family
detached dwelling.
2. Cultivation of no more than twelve (12) marijuana plants per
qualified patient. In the event a qualified patient has a primary caregiver
cultivating marijuana plants for the qualified patient, only one primary
caregiver may cultivate no more than twelve (12) marijuana plants for that
qualified patient at any one time. In no circumstances shall a qualified
patient have multiple primary caregivers cultivating marijuana plants for
the qualified patient at the same time.
3. Two (2) qualified patient limit to aggregate marijuana plant count for
a maximum total of twenty-four (24) marijuana plants per premises.
4. At least one qualified patient or one primary caregiver, acting on
behalf of the qualified patient pursuant to subsection A.2., must live on the
prem ises.
5. All marijuana plants must be reasonably secured to prevent access
by minors or theft, to a standard satisfactory to the enforcement official.
6. All marijuana cultivation outside of any building must be fully
enclosed by an opaque fence at least six feet in height. The fence must be
adequately secured to prevent unauthorized entry. Bushes, hedgerows,
plastic sheeting, tarps, or cloth material shall not constitute an adequate
fence under this subsection. Premises larger than five (5) acres are
exempt from this fencing provision so long as all other standards and
5
conditions of subsection A. of this section are complied with and any
barriers used are otherwise consistent with this Code.
7. Each building or outdoor area in which the marijuana plants are
cultivated shall be set back at least ten (10) feet from all boundaries of the
premises. Such setback distance shall be measured in a straight line from
the building in which the marijuana plants are cultivated, or, if the
marijuana plants are cultivated in an outdoor area, from the fence required
by subsection A.6. to the boundary line of the premises.
8. The designated marijuana cultivation area must not be visible from
any public right-of-way.
9. If the person cultivating marijuana plants on any premises is not the
owner of the premises, such person shall submit a letter from the owner(s)
consenting to the marijuana cultivation on the parcel. An original of this
letter shall be submitted to and retained by the Community Development
Department. The City shall prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the
parolees or probationers have received written confirmation from the court
that he or she is allowed to use medical marijuana while on parole or
probation pursuant to Health & Safety Code section 11362.795 which shall
be subject to verification by the enforcement official.
11. Qualified patients for whom the marijuana plants are being
cultivated shall have valid medical marijuana identification cards issued by
the Riverside County Department of Public Health. Any primary caregiver
cultivating marijuana plants for a qualified patient shall have a copy of the
qualified patient's valid medical marijuana identification card issued by the
Riverside County Department of Public Health which shall be kept on the
prem ises.
12. The address for the premises must be posted and plainly visible
from the public right-of-way.
13. The marijuana cultivation shall not be within a building containing
two or more dwelling units.
14. The marijuana cultivation shall not be upon any premises located
within one thousand (1,000) feet of any school, community center, or park.
15. The marijuana cultivation shall not be upon any premises
containing a child care center, church (religious facility), or youth -oriented
facility.
B. Any marijuana cultivation that does not comply with all of the standards
and conditions in subsection A. of this section is a public nuisance and shall be
subject to penalties and abatement as provided in Title 1 and Chapter 8.12 this
code. No provision of Title 1 or Chapter 8.12 shall authorize a criminal
prosecution or arrest prohibited by Health and Safety Code section 11362.71 et
seq.
8.52.070 Abatement of Other Nuisances. Nothing in this Chapter shall
be construed as a limitation on the City's authority to abate any nuisance which
may otherwise exist from the planting, growing, harvesting, drying, processing or
storage of marijuana plants or any part thereof from any location, indoor or
outdoor, including from within a fully enclosed and secure building.
Section 2. Residential Zoning Prohibition. Section 17.06.030, Use
Regulations, and Table 17.06.030, Residential Districts, are hereby amended to
provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited
use in all residential zones except as provided in Section 8.52.060.
Section 3. Commercial, Office, Industrial Zoning Prohibition. Section
17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses
Commercial/Office/Industrial Districts, are hereby amended to provide that
"marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all
commercial, office and industrial zones.
Section 4. Open Space Zoning Prohibition. Section 17.14.030, Use
Regulations, and Table 17.14.030, Schedule of Permitted Uses Open Space, are
hereby amended to provide that "marijuana cultivation," as defined in Chapter
8.52, is a prohibited use in all open space zones except as provided in Section
8.52.060.
Section 5. Enforcement Official. Section 1.21.020, Definitions, of the
Temecula Municipal Code is hereby amended to read as follows:
1.21.020 Definitions. The following words and phrases, when used in the context
of this Title, shall have the following meanings:
A. "Enforcement official" or "enforcement officials" shall be: (1) Members of
the Riverside County Sheriff's Department or such other police agency
under contract to provide police services to the City; (2) members of the
Riverside County Fire Department or such other fire agency under
contract to provide fire and emergency services to the City; (3) persons
employed by the City whose job descriptions require the person to enforce
the provisions of this Code, including but not limited to directors, senior
planners, code enforcement officers, building inspectors, or park rangers;
and (4) such other employees of the City as may be designated by
resolution of the City Council.
7
B. "Legal interest" means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien,
mechanic's lien or other similar instrument, which is recorded with the
county recorder.
C. "Responsible person" means any person whom an enforcement official
determines is responsible for causing or maintaining a violation of the
code. The term "responsible person" includes but is not limited to a
property owner, tenant, person with a legal interest in real property, or
person in possession of real property.
Section 6. CEQA Findings. The City Council finds that the adoption of the
proposed ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California
Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen
with certainty that there is no possibility that the adoption of this ordinance will
have a significant effect on the environment. The ordinance bans the growing of
marijuana. Placing such a restriction on the use of property will not result in a
permanent alteration of property nor the construction of any new or expanded
structures. The adoption of this Ordinance imposes greater limitations on uses
allowed in the City and therefore will eliminate adverse environmental impacts.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2016.
ATTEST:
Randi Johl, City Clerk
[SEAL]
8
Michael S. Naggar, Mayor
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. 16-01 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 12th day of January, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 26th day of January, 2016, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
9
Randi Johl, City Clerk
Item No. 5
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Finance Director
DATE: January 26, 2016
SUBJECT: Approve an Agreement with the County of Riverside for Law Enforcement
Services
RECOMMENDATION: That the City Council approve an Agreement with the County of
Riverside for Law Enforcement Services.
BACKGROUND: The City of Temecula has contracted with the County of Riverside
Sheriff's Department for law enforcement services since the City's incorporation in 1989. On
June 22, 2010, the City Council approved a five-year agreement, with automatic 5 -year renewal,
for law enforcement services with the County of Riverside, which expired on June 30, 2015.
Attached is a new Agreement with a five-year term (July 1, 2015 through June 30, 2020),
including an automatic renewal for a subsequent five-year period. An automatic renewal clause
is typical for these agreements to insure uninterrupted law enforcement service. If desired,
either party has the option to terminate the Agreement as of July 1st of any year with twelve
months prior written notice.
The total number of Sworn Officers provided in the new Agreement is 103 Sworn Officers, of
which 3 are currently being held vacant due to the City's budget constraints. The level of
service specified is unchanged from the prior Agreement, with a full-time Police Chief, 78.5
Sworn Police Officers and 21 Community Service Officers, two of which are currently held
vacant due to budget constraints. In addition, the County provides 24.5 Sworn Support Officers,
of which 2.5 School Resource Officers are paid for by Temecula Valley Unified School District
and another Youth Action Team (YAT) Officer is grant -funded.
If the City elects to increase the level of service, or reduce the level of service by less than ten
percent, the County agrees to implement the change as soon as practicable. If the City elects to
reduce the level of service by ten percent or greater, the City must provide written notice to the
County twelve months prior to the reduction.
FISCAL IMPACT: $24,151,300 has been included in the Fiscal Year 2015-16 Police
Department operating budget to cover the costs associated with the Agreement.
ATTACHMENT: Agreement
AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF TEMECULA
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF
TEMECULA, a General Law City, hereinafter "City," and the COUNTY OF RIVERSIDE, a
political subdivision of the State of California, on behalf of the Riverside County Sheriffs
Department, hereinafter "County."
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from July 1, 2015 through
June 30, 2020.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any
current five (5) year period, the City Council, not later than twelve (12) months preceding the
expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of
Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically
renewed for an additional five (5) year period at the level of service then currently in effect. As a
matter of convenience to the parties hereto, and in order to facilitate continuity of the law
enforcement services provided to City, the parties may mutually approve and ratify any automatic
renewal of this Agreement retroactively to the effective date of such automatic renewal.
1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either
party may terminate this Agreement as of the beginning of the first day of July of any year upon
notice in writing to the other party of not less than twelve (12) months prior thereto.
2. SCOPE OF SERVICE
2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police
protection within the corporate limits of City to the extent and in the manner hereinafter set forth.
The services shall encompass duties and functions of the type falling under the jurisdiction of and
customarily rendered by a police department of the City under State statutes. Such services shall
include the enforcement of State statutes and the City codes and ordinances. Services shall also
include traffic enforcement and related services to the extent possible given the size of the force
provided for in this Agreement. County agrees to provide all investigative support necessary to
complete criminal investigations conducted hereunder.
1
2.2 California Identification System (CAL -ID) and Records Management System (RMS) City
agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the
terms and conditions set forth in this Section.
2.2A Definitions. For purposes of this agreement the following definitions shall apply:
a) Records Management System (RMS) Functions shall mean the software functions
provided to City by County, which are supplied by the RMS. These functions shall
include inquiry and case entry into the RMS, access to the Master Name Index, Warrant
and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access (CLETS shall
mean that access to the Department of Justice computers provided by count to City.
c) Work Station shall mean those County devices and software which are used by City to
access RMS functions and the CLETS.
d) LAWNET shall mean the County's law enforcement telecommunications network
consisting of County provided data circuits, digital service units, routers, hubs and other
County provided hardware and software that is used by City to connect work stations to
RMS services as defined below.
e) County Services shall mean the collective hardware and software, LAWNET, work
stations, RMS functions and CLETS.
2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and
CLETS systems. CLETS access will be provided within the scope of the CLETS access rules and
regulations as established by the California State Department of Justice.
2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the
provision of County Services, the standards of performance and other matters incident to the
performance of such services, shall remain with County. Security of the host system and control of
LAWNET shall remain with County. The County shall furnish all labor and equipment for the host
system necessary to maintain the level of service rendered hereunder. In the event City chooses to
provide PC-based equipment for services defined herein, the equipment must be configured in
accordance with County specifications. Further, City shall not alter the configuration of any PC-
based equipment used to provide services herein without the permission of Sheriffs Information
Technology Officer.
2.2D Compensation.
a) Payment Basis. City shall reimburse County the cost of rendering services at rates
established by the County Board of Supervisors. These rates shall include all items of cost
2
and expense to the Sheriff for providing this service, and shall be adjusted periodically to
reflect changes in the cost of service provision. City shall be notified of any change in the
rates to be charged City prior to submittal of the proposed change to the County Board of
Supervisors for adoption, and City shall be given the opportunity to review the proposed
change with County personnel. City shall, thereafter, be notified of adoption by County of
the rates to be charged City, and said new rates shall take effect on the same date as County
incurs the associated costs.
b) Payment Remittance. County shall provide to City an itemized quarterly statement of the
costs for services being charged for said quarter. City shall remit payment to the invoicing
department within thirty (30) days after receipt of such billing.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide law enforcement services at the
level specified in Attachment A, attached hereto and incorporated herein by this reference.
3.2 Variation in Level of Service. Variation in the level of service shall be made by
amendment, as provided for in Section 10 of this Agreement, and under the following terms:
If City requests an increase in the level of service to be provided under this Agreement,
County agrees to provide such increased level of service as soon as is practicable, consistent with
the ability of the Sheriff to do so.
If City elects to reduce the level of service provided herein by ten percent (10%) or
greater, City must give notice in writing to County not Less than twelve (12) calendar months prior
to the effective date of such reduction. If City elects to reduce the level of service provided herein
by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as
it is practicable. The level of service, however, may not be reduced to below the minimum level,
as determined by County, required to ensure public and officer safety.
4. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT
4.1 Supervision. Supervision over the rendition of law enforcement services, the
standards of performance, the discipline of officers, and other matters incident to the performance
of such services and the control of personnel so employed, shall remain with County.
4.2 Labor and Equipment. For the purpose of performing said services, County shall
furnish and supply all labor, supervision, equipment, communication services, and supplies
necessary to maintain the level of service to be rendered hereunder. Location of the above will
not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that
in all instances where specific equipment used solely to support specialized enforcement activities
within the City not normally provided by the Sheriff is to be used, or where special supplies,
3
stationery, notices, forms, and the like related to law enforcement are to be issued in the name of
City, such equipment and materials shall be supplied by City at its own cost and expense. Any
such special equipment or materials so purchased by City shall meet with the Sheriff's
specifications, shall remain within the City limits, and ownership title thereto shall remain with
City.
4.3 City -Owned Motorcycles and Vehicles. In the event City chooses to provide
motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall
meet minimum specifications furnished by County, shall be adequately equipped and ready for
use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel,
licensing, and any and all expenses associated with use of the vehicle for the provision of services
hereunder, which is inclusive of responsibility for any and all cost for physical damage to the
City -owned motorcycles or vehicles. However, County shall be responsible for the cost of all
third party liability caused by the operation of the City -owned motorcycles or vehicles, including
the property damage caused by the negligence or wrongful acts of County officers and employees
while operating City -owned motorcycles and vehicles. Motorcycles and vehicles owned by City
shall be used only for City -approved functions.
4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the
city -owned vehicles in an amount equal to the replacement value of all vehicles provided to the
County under this agreement. Policy shall, by endorsement, name the County of Riverside, its
Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board
of Supervisors, elected and appointed officials, employees, agents, or representatives as
Additional Insureds. Such insurance may be provided through a program of self-insurance.
General Insurance Provisions - All lines:
a) Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A.M. BEST rating of not less than
an A: VIII (A: 8) unless such requirements are waived, in writing, by the County
Risk Manager. If the County's Risk Manager waives a requirement for a particular
insurer such waiver is only valid for that specific insurer and only for one policy
term.
b) The Contractor shall cause their insurance carrier(s) to furnish the County
of Riverside with 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein;
or, 2) if requested to do so orally or in writing by the County Risk Manager,
provide original Certified copies of policies including all Endorsements and all
attachments thereto, showing such insurance is in full force and effect. Further,
said Certificate(s) and policies of insurance shall contain the covenant of the
insurance carrier(s) that shall provide no less than thirty (30) days written notice
be given to the County of Riverside prior to any material modification or
cancellation of such insurance. In the event of a material modification or
4
cancellation of coverage, this Agreement shall terminate forthwith, unless the
County of Riverside receives, prior to such effective date, another properly
executed original Certificate of Insurance and original copies of endorsements or
certified original policies, including all endorsements and attachments thereto
evidencing that the coverage and the insurance required herein are in full force
and effect. Individual(s) authorized by the insurance carrier to do so on its behalf
shall sign the original endorsements for each policy and the Certificate of
Insurance. If County is utilizing City -owned vehicles, operations shall not
commence until the County of Riverside has been furnished original Certificate
(s) of Insurance and certified original copies of endorsements or policies of
insurance including all endorsements and any and all other attachments as
required in this Section.
c) It is understood and agreed by the parties hereto and the Contractor's
insurance company(s), that the Certificate(s) of Insurance and policies shall so
covenant and shall be construed as primary insurance, and the County's insurance
and/or deductibles and/or self-insured retentions or self-insured programs shall not
be construed as contributory.
5. EMPLOYMENT STATUS OF PERSONNEL
5.1 Employment Status. Any person employed by County for the performance of services
and functions pursuant to this Agreement shall remain employees of County on special
assignment to City for the purposes of this Agreement, and shall not be considered employees of
City. No such County employee shall have any entitlement to compensation, workers'
compensation coverage, pension, or civil service benefits from City.
5.2 Chief of Police. Subject to the conditions set forth in Sections 5.1 Employment Status
and 9. ADMINISTRATON of this Agreement, the Contract City Commander works as a
member of the City's Executive Staff serving as the Chief of Police. The Chief of Police will
report directly to the Temecula City Manager to ensure local input and control over the quality
and service and to identify goals and programs that create a safer environment for the citizens.
He or she or a designated Temecula Police Department Manager, will attend council meetings,
City staff meetings and council meetings at the request of the City Manager in order to be
available to the community to discuss their needs and maintain a high level of communication and
mutual cooperation. The Police Chief and the Police Department are active members of the City
they serve.
5.3 Labor Shortage. In the event of a work slow -down, strike, or any other form of job
action by those individuals assigned to City, County agrees to provide only that level of service
which may be available through mutual aid, pursuant to Government Code Section 8615, et seq.
City shall be billed only for the actual hours of service received.
5
6. COMPENSATION
6.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder
at rates established by the County Board of Supervisors, which rates shall include all items of cost
and expense to the Sheriff for providing the services hereunder. Such cost of services shall be
established in the form of hourly rates for Sheriff's Department personnel, vehicle mileage rates,
facility use rates and RMS transaction fees. "Cost" as used herein shall not include items of
expense attributable to services normally provided or available to all territory within the County
as part of County's obligation to enforce State law. In addition to any other fees or costs set forth
herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a
criminal justice administrative fee consistent with Government Code Section 29550 with respect
to arrests made by County employees pursuant to this Agreement just as if such arrests had been
made by City employees. Pursuant to Government Code Section 51350, County shall not charge
City for services it would provide to any city in the County free of charge. These services, which
are provided at the discretion of County, could typically include the services of the Sheriffs
Special Investigations Bureau, Emergency Services Team, Canine Unit, and Aviation Unit.
6.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically,
but not more than once each fiscal year, to reflect any changes in the cost to County for providing
services hereunder. City shall be notified of any change in the rates to be charged City prior to
submittal of the proposed change to the County Board of Supervisors for adoption, and City shall
be given the opportunity to review the proposed change with County personnel. City shall,
thereafter, be notified of adoption by County of the rates to be charged City, and said new rates
shall take effect on the same date as County incurs the associated costs. Should City, subsequent
to a rate adjustment, choose not to appropriate or expend any additional monies needed to support
the level of service theretofore supplied, County reserves the right to reduce the level of service in
accordance with the amount City is willing to expend.
6.3 Payment of Costs. County, through the Sheriff's Department, shall provide to City
within 30 days of the conclusion of each calendar month an itemized statement of the costs for
services being charged for said month. City shall remit payment to the invoicing department
within 30 days after receipt of such statement. If such payment is not received by the County
within thirty (30) days after rendition of billing, County may satisfy such indebtedness from any
funds of the City on deposit with County without giving further notice to the City of County's
intention to do so, or may use any other remedy provided by law.
6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to
the level of service described herein, there will be an associated field training cost for each
additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16)
weeks of training on a one-time basis for each additional Deputy position. Said cost will be
charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors.
Billing will be provided within 30 days of the Board of Supervisors approval of any new
positions. Field training costs will not apply to supervisory or classified positions added to the
6
level of service.
7. INDEMNIFICATION AND HOLD HARMLESS
7.1 Indemnification by City. City shall indemnify and hold County, its officers, agents,
employees and independent contractors free and harmless from any claim or liability whatsoever,
based or asserted upon any act or omission of City, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for property damage, bodily injury or death, or any
other element of damage of any kind or nature arising out ofthe performance of this Agreement to
the extent that such liability is imposed on County by the provisions of California Government
Code Section 895.2 or other applicable law, and City shall defend at its expense, including
attorney fees, County, its officers, agents, and employees and independent contractors in any legal
action or claim of any kind based upon such alleged acts or omissions.
7.2 Indemnification by County. County shall indemnify and hold City, its officers,
agents, employees and independent contractors free and harmless from any claim or liability
whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees,
volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death,
or any other element of damage of any kind or nature arising out of the performance of this
Agreement to the extent that such liability is imposed on City by the provisions of California
Government Code Section 895.2 or other applicable law, and County shall defend at its expense,
including attorney fees, City, its officers, agents, employees and independent contractors in any
legal action or claim of any kind based upon such alleged acts or omissions.
8. MEMORANDA OF UNDERSTANDING
If requested by City or by County, a memorandum of understanding will be entered into by
and between City (or its administrative designee) and County (or its administrative designee) with
respect to any question relating to the provision of services under this Agreement. Such
memorandum shall set forth the questions raised and such terms and conditions as have been
agreed upon between City and County in resolution of the question. The intent and purpose of
such memorandum shall be to implement, interpret, or clarify one or more provisions of this
Agreement. No such memorandum shall have the effect of altering any of the provisions of this
Agreement, unless executed in the form of an Amendment as provided for under Section 10 of
this Agreement. In the event of any inconsistency between the terms of such memorandum and
the terms of this Agreement, the terms of this Agreement shall govern.
9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the
Sheriff shall administer this Agreement on behalf of County.
7
10. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal
understanding of the parties, their officers, agents, or employees, shall be valid unless made in the
form of a written amendment to this Agreement which is formally approved and executed by both
parties.
11. NOTICES
Any notices required or desired to be served by either party upon the other shall be
addressed to the respective parties as set forth below:
County City
Stan L. Sniff, Sheriff
Riverside County Sheriffs Department
Post Office Box 512
Riverside, California 92502
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties.
An information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
12. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
13. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that
degree of care and skill ordinarily exercised under similar circumstances by law enforcement
officers in performance of the duties required by this Agreement.
14. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event
any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this
Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
8
15. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all prior and contemporaneous
agreements and understandings, oral or written, in connection therewith.
IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly
adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and
sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused
this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the
Clerk of said Board, all on the dates indicated below.
Dated:
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Dated:
ATTEST.
Kecia Harper-Ihem
Clerk of the Board
By:
Deputy
9
CITY OF TEMECULA
By:
Michael S. Naggar, Mayor
COUNTY OF RIVERSIDE
By:
Marion Ashley, Chairman
Riverside County Board of Supervisors
ce
ATTACHMENT A
CITY OF TEMECULA
LEVEL OF SERVICE
Average Patrol Services
180.0 supported hours per day. (Approximate equivalent of thirty-seven (37) Deputy
Sheriff positions @ 1,780 annual productive hours per position standard.)
Dedicated Positions
Two (2) Sheriff's Lieutenant positions
Three (3) Sheriffs Sergeant positions
Five (5) Deputy Sheriff (fully supported) positions -Special Enforcement Team
Four (4) Deputy Sheriff (fully supported) positions- Mall Officers
Sixteen (16) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team
Six (6) Deputy Sheriff (fully supported) positions -POP Team
Two (2) Deputy Sheriff (fully supported) positions -K-9 Deputies
One (1) Deputy Sheriff (unsupported) position -Gang Task Force
Two and One Half (2.5) Deputy Sheriff (unsupported) positions -School Resource Officers
(year-round)
Nineteen (19) Community Service Officer II positions
Two (2) Community Service Officer I positions
Item No. 6
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Assistant City Manager
DATE: January 26, 2016
SUBJECT: Approve Sponsorship Agreement with the Inland Valley Business Community
Foundation (IVBCF) for Fashion Week Event — April 14 — 16, 2016 for In-kind
Promotional Services for Fiscal Year 2015-16 (At the Direction of the Economic
Development Committee Mayor Pro Tem Edwards and Council Member
Comerchero)
PREPARED BY: Christine Damko, Economic Development Analyst
RECOMMENDATION: That the City Council approve the Sponsorship Agreement with
Inland Valley Business Community Foundation (IVBCF) for in-kind promotional services valued
at $11,415 for Fashion Week event to be held April 14 — 16, 2016.
BACKGROUND: Fashion Week will be held on April 14 — 16, 2016. On Thursday,
April 14, the event will feature "Fashion in the Vine", which will be held at Weins Winery; Friday,
April 15, "Fashion Promenade" at the Promenade Mall and April 16, "Cars and Couture" at
Mercedes Benz of Temecula. The Event includes 10 to 14 Fashion Designers and Fashion
Retail Companies participating and giving them the opportunity to showcase their clothing line.
IVBCF will also highlight and feature new talents from our community and celebrities that
volunteer to help our organization. There will be performances by several local singers, as well
as a few Hollywood celebrities volunteering for the event. Last year included guests from Reality
Shows and MTV artists. The event will also feature vendors related to beauty and health,
jewelry and clothing companies and food vendors. Additionally, the event will feature some of
Temecula Valley's best craft brews and speicialty wines from local wineries and breweries.
The Inland Valley Business Community Foundation (IVBCF) has sought support for this event
seeking marketing and promotional support. The Economic Development Committee of the City
Council (Mayor Pro Tem Edwards and Council Member Comerchero) met on September 16,
2015 to review this event. The Economic Development Committee recommended that the City
support Fashion Week as requested. The City will be listed as a Co -Sponsor.
It is expected that this special event will draw over 10,000 visitors/residents/increase local
spending and brand awareness, and significantly add to the cultural appeal and attraction to the
City of Temecula as a destination.
FISCAL IMPACT: There is no Fiscal impact associated with the marketing and
promotional support valued at $11,415.
ATTACHMENTS: Agreement
SPONSORSHIP AGREEMENT BETWEEN
THE CITY OF TEMECULA AND INLAND VALLEY BUSINESS
COMMUNITY FOUNDATION
THIS AGREEMENT is made and effective as of this 26TH day of January, 2016, by and
between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and
Inland Valley Business Community Foundation (IVBCF), a California nonprofit corporation
(hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions
and undertakings set forth herein, the parties agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of
the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate "Fashion Week" (hereinafter referred to as the
"Event") on April 14 — 16, 2016. The Event is a special event entitled "Fashion in the Vine"
located at Weins Winery on April 14; "Fashion Promenade" at the Promenade on April 15 and
"Cars and Couture" at Mercedes Benz of Temecula on April 16.
b. The Event includes 10 to 14 Fashion Designers and Fashion Retail
Companies participating and giving them the opportunity to showcase their clothing line.
IVBCF will also highlight and feature new talents from our community and celebrities
volunteering to help our organization.
c. Alcohol "will" be served.
d. The City desires to be a Co -Sponsor of the Event.
2. TERM
This Agreement shall commence on January 26, 2016, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2016,
unless sooner terminated pursuant to the provisions of this Agreement.
3. CONSIDERATION
a. In exchange for providing the Nonprofit with in-kind promotional services
valued at an amount not to exceed $11,415.00, as listed in Exhibit B, the City of Temecula
shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor, the City shall receive
sponsor benefits as listed in Exhibit A.
b. The Nonprofit is requested to partner with the Temecula Valley
Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula
contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of
Temecula. This will include but not be limited to over -night room bookings, dining and shopping
within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an
invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit
shall include in its basic press kit a press release provided by the TVCVB which focuses on the
attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall
be provided to all media working with the Nonprofit or its representatives on festival -related
stories.
4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and
submit to the Assistant City Manager a written report evaluating the Event, its attendance,
media coverage, and description of the materials in which the City has listed as a Co -Sponsor.
The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a
presentation notebook format. In addition, complete financial statements including a balance
sheet, income statement and budget to actual comparison report of the Event must be included
in such a written report.
5. FINANCIAL REVIEW
The Nonprofit shall provide complete financial statements including a balance sheet,
income statement and budget to actual comparison report of the Event. This financial review of
the Event should be completed and submitted to the City no later than May 15, 2016. The
financial review shall provide a general summary report on how funds were expended and used
to benefit Temecula Valley residents and shall include documentation, including but not limited
to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The
financial documentation is subject to an audit, as determined by City staff.
6. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its elected officials, officers, employees, volunteers, and
representatives from any and all suits, claims, demands, losses, defense costs or expenses,
actions, liability or damages of whatsoever kind and nature which the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, agents and employees may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of the
Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement.
7. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance
company, pay for and maintain in full force and effect for the duration of this Agreement an
insurance policy of comprehensive general liability against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by March 31, 2016, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Recipient has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: Two million ($2,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the NonProfit; products and completed operations of the
Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased,
hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Temecula, the Temecula Community Services
District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Nonprofit's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula
Community Services District, the Successor Agency to the Temecula Redevelopment Agency,
their officers, officials, employees and volunteers. Any insurance or self-insured maintained by
the City of Temecula, Temecula Community Services District, and/or the Successor Agency to
the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be
excess of the Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Successor Agency to the Temecula Redevelopment
Agency, their officers, officials, employees or volunteers.
4) The Nonprofit's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Nonproft shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
8. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
9. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply
with this section.
10. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
11. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice:
Mailing Address:
To Recipient:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
Inland Valley Business and Community Foundation
40335 Winchester Road, Suite E, Box 503
Temecula, CA 92591
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.
b. 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.
12. 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.
13. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit
and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The
City Manager is authorized to enter into an amendment on behalf of the City to make the
following non -substantive modifications to the agreement: (a) name changes; (b) extension of
time; (c) non -monetary changes in scope of work; (d) agreement termination.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
By:
Michael S. Naggar, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Inland Valley Business and Community
Foundation
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the
agreement on behalf of the corporation.)
By:
Marie Waite, Executive Director
By:
Steve Matley, President
NONPROFIT
Inland Valley Business and Community
Foundation
40335 Winchester Road, Suite E, Box 503
Temecula, CA 92591
PM Initials: `e
Date:
EXHIBIT "A"
CITY OF TEMECULA'S SPONSORSHIP BENEFITS
CO-SPONSOR
Inland Valley Business Community Foundation shall provide the following benefits and services
for the citizens of the City of Temecula:
• City of Temecula logo/name on advertisements
• City of Temecula name on all press releases
• City of Temecula logo/name on event poster
• City of Temecula logo/name on event flyers
• City of Temecula logo/name on event t -shirt
• 10 Inland Valley Business Community Foundation t -shirts
**Press Releases will be distributed to all local media, however, publication cannot be
guaranteed. Press Releases can also be provided to all sponsors for distribution to their
clients, agents, employees, etc.
EXHIBIT "B"
IN-KIND SERVICES
The estimated value for in-kind promotional assistance provided by The City of Temecula for the
Fashion Week is as follows:
Item Value
Local Governnent Channel 3 Cable Channel
Event slide appears approximately once per hour for 3 seconds
Auto Mall Marque
Appears approximately once every 41/2 minutes
Promotional Poster
$5,100.00
$3,115.00
$1,000.00
City Website $2,200.00
Event listing on the City of Temecula Webside
Promotional In -Kind Value: $11,415.00
Item No. 7
Approvals
City Attorney
Finance Director
City Manager
Mr -
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: January 26, 2016
SUBJECT: Approve an Agreement with MDG Associates, Inc. for the Preparation of the
CDBG 2017 — 2021 Consolidated Plan and Analysis of Impediments to Fair
Housing Choice
PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst
RECOMMENDATION: That the City Council approve an Agreement with MDG
Associates, Inc., in the amount of $38,400, for the Preparation of the CDBG 2017 — 2021
Consolidated Plan and Analysis of Impediments to Fair Housing Choice.
BACKGROUND: In 2012, the City became an Entitlement City for the administration
of the Community Development Block Grant (CDBG) program through the U.S. Department of
Housing and Urban Development (HUD). As an Entitlement City, Temecula directly receives
funding from HUD in order to meet community development needs of low and moderate income
persons.
In April 2012, the City adopted its 2012-2016 Five Year Consolidated Plan and Analysis of
Impediments to Fair Housing Choice. The Consolidated Plan is a required document by the U.S.
Department of Housing and Urban Development (HUD) in order to receive Community
Development Block Grant (CDBG) program funds. The Consolidated Plan has three
components: a needs assessment, a housing market analysis and a strategic plan. The needs
assessment uses demographic data, consultations with local agencies, and public feedback to
determine the needs for the City over the next five years. It focuses on the needs of low-income
households, the homeless population, and other special needs populations, such as the elderly
and persons with disabilities. The housing market analysis uses housing data compiled from
various sources, in conjunction with the needs assessment, to provide the basis for the strategic
plan and the programs and projects to be administered relating to housing needs over the next
five years. The strategic plan uses the needs assessment and housing market analysis data to
establish priorities for identified needs and set objectives for the use of resources over the five-
year period.
The Action Plan lists the activities the City will undertake to address priorities and objectives
with anticipated CDBG funding received during each program year. A new Action Plan is
developed and submitted for each year within the five-year planning period of the Consolidated
Plan (2017-21). As the City is entering its fifth and final year of the current Consolidated Plan,
the City wishes to enter into an Agreement with MDG Associates for the 2017-21 Consolidated
Plan.
FISCAL IMPACT: There are sufficient funds budgeted in the 2015-16 Planning
budget line item 001.161.999.5248 (Consulting Services)
ATTACHMENTS: Agreement
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND MDG ASSOCIATES, INC.
PREPARATION OF CDBG 2017-2021 CONSOLIDATED PLAN AND ANALYSIS OF
IMPEDIMENTS TO FAIR HOUSING CHOICE
THIS AGREEMENT is made and effective as of January 26, 2016, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and MDG Associates,
Inc., Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on January 26, 2016, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than January 26, 2017,
unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Consultant hereunder in meeting its obligations under this
Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed thirty
eight thousand four hundred dollars ($38,400), for the total term of this agreement unless
additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager . Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written
authorization is given to Consultant for the performance of said services.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees,
it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in
such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without
cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the
Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant
shall immediately cease all work under this Agreement, unless the notice provides otherwise. If
the City suspends or terminates a portion of this Agreement such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this
Section, the City shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant
to Section entitled "PAYMENT" herein.
6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Consultant is in default for cause under
the terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Consultant. If such failure by the Consultant to make
progress in the performance of work hereunder arises out of causes beyond the Consultant's
control, and without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the
Consultant is in default in the performance of any of the terms or conditions of this Agreement, it
shall serve the Consultant with written notice of the default. The Consultant shall have ten (10)
days after service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with
respect to sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at reasonable times to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts there from as necessary, and shall allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or
suspension of this Agreement, all original documents, designs, drawings, maps, models,
computer files containing data generated for the work, surveys, notes, and other documents
prepared in the course of providing the services to be performed pursuant to this Agreement
shall become the sole property of the City and may be used, reused or otherwise disposed of by
the City without the permission of the Consultant. With respect to computer files containing data
generated for the work, Consultant shall make available to the City, upon reasonable written
request by the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the
Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and
against any and all claims, demands, losses, defense costs or expenses, including attorney fees
and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula
Community Services District, and/or the Successor Agency to the Temecula Redevelopment
Agency, its officers, agents, employees or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City of Temecula, Temecula Community Services District, and/or the
Successor Agency to the Temecula Redevelopment Agency.
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
a.
broad as:
00 01 11 85 or 88.
Minimum Scope of Insurance. Coverage shall be at least as
1) Insurance Services Office Commercial General Liability form No. CG
2) Insurance Services Office Business Auto Coverage form CA 00 01 06
92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits
no less than:
1) General Liability: One Million Dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One Million Dollars ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability Coverage: One Million Dollars ($1,000,000) per
claim and in aggregate.
c. Deductibles and Self -Insured Retentions. Any deductibles or
self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and
automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City of Temecula, the Temecula Community Services
District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula
Community Services District, the Successor Agency to the Temecula Redevelopment Agency,
their officers, officials, employees and volunteers. Any insurance or self-insured maintained by
the City of Temecula, Temecula Community Services District, and/or the Successor Agency to
the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be
excess of the Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, and the Successor Agency to the
Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees
or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state in substantial conformance to the following: If the policy will be canceled
before the expiration date the insurer will notify in writing to the City of such cancellation not less
than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the
City. Self insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Consultant shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements
are to be on forms provided by the City. All endorsements are to be received and approved by
the City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a
wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, agents, or volunteers shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth
in this Agreement. Consultant shall not at any time or in any manner represent that it or any of
its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in
connection with the performance of this Agreement. Except for the fees paid to Consultant as
provided in the Agreement, City shall not pay salaries, wages, or other compensation to
Consultant for performing services hereunder for City. City shall not be liable for compensation
or indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such ordinances, laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to
comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this
Agreement shall be considered confidential and shall not be released by Consultant without
City's prior written authorization. Consultant, its officers, employees, agents or subcontractors,
shall not without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response
to interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for admissions
or other discovery request, court order or subpoena from any party regarding this Agreement
and the work performed there under or with respect to any project or property located within the
City. City retains the right, but has no obligation, to represent Consultant and/or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City
and to provide City with the opportunity to review any response to discovery requests provided
by Consultant. However, City's right to review any such response does not imply or mean the
right by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: MDG Associates, Inc.
Attn: Rudy Munoz
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
munoz@mdg-Idm.com
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this
project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. 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.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to
make the following non -substantive modifications to the agreement: (a) name changes; (b)
extension of time; (c) non -monetary changes in scope of work; (d) agreement termination.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
MDG Associates, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Michael S. Naggar, Mayor Rudy Munoz, President
ATTEST:
By: By:
Randi Johl, City Clerk Guadalupe Munoz, Chief Financial
Officer
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney CONSULTANT
MDG Associates, Inc.
Attn: Rudy Munoz
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
munoz@mdg-Idm.com
909.476.6006
PM Initials:
Date:
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
Five -Year Consolidated Plan
In the preparation of the City of Temecula 2017-2021 Consolidated Plan, MDG will perform
each of the tasks specified in the City's RFP as indicated below. The final Consolidated Plan
and One -Year Action Plan shall be completed and submitted to HUD by May 14, 2017. The
completed Consolidated Plan will cover the period July 1, 2017 through June 30, 2022, with the
completed Action Plan covering the period of July 1, 2017 through June 30, 2018. The
completed Consolidated Plan will comply with the regulations set forth by Title 24 CFR Part 91,
et seq., and in accordance with instructions and guidance published by HUD. The scope of
services for the Consolidated Plan and Action Plan includes the following major elements:
1. Preparation of all reports as required by HUD including but not limited to the Five-year
Consolidated Plan and the One -Year Action Plan.
2. Develop a 5 -year plan for the program year beginning 2017-2021 and a one-year Action
Plan for the 2017-18 program year.
3. Prepare a Consolidated Plan which addresses each required element pursuant to federal
regulations.
4. Perform relevant consultations and data collection to complete the required HUD tables
and the analysis of housing and non -housing needs.
5. Prepare an Executive Summary for the Consolidation Plan and Action Plan.
6. Assist City/HA/HA staff assess the existing Consolidated Plan strategies, goals, and
priorities.
7. Assist City/HA/HA staff with developing new strategies, objectives, priorities, and program
for the Consolidated Plan and the Action Plan.
8. Develop and incorporate a performance measure component.
9. Conduct consultations with private agencies, public agencies and community groups.
10. Assist City staff with the citizen participation process
• Develop and coordinate a plan and method for obtaining citizen participation
• Conduct three (3) Community meetings
• Make one presentation at a public hearing
• Develop and circulate a community survey
11. Provide up to 5 sets of the draft copy, and 7 sets of the approved final plan. Provide
approved Plan on a CD disk in Microsoft WORD format.
Analysis of Impediments to Fair Housing Choice (Al)
In consultation with, and under the supervision of the City of Temecula Community
Development Department, MDG will prepare the 2017-2021 Analysis of Impediments to Fair
Housing Choice (Al) in accordance with and meeting all the requirements of the U.S.
Department of Housing and Urban Development (HUD) including, data collection, analysis, and
compilation. The Al will be completed, approved and adopted by the Temecula City Council by
the first meeting of May 2017. The scope of work for the Analysis of Impediments to Fair
Housing Choice includes the following major elements:
1. Demonstrate professional methods of research/data collection and formulation. This data
will be relevant to housing issues in the City of Temecula and Jurisdiction of the Housing
Authority (i.e., demographics, household income, employment, housing profile, etc.);
2. Develop a comprehensive Analysis and Impediments. This document must include: (a) a
Fair Housing Plan, including goals and timetables, (b) identified actions to be taken, and
(c) a records maintenance system reflecting the analysis and actions taken;
3. Demonstrate excellent verbal and written communication skills;
4. Have knowledge of CPD Maps provided by HUD for the mapping of data including the
mapping components;
5. Work with designated staff persons;
6. Provide the following analysis and have the ability to develop/utilize a methodology in
preparing the Al that will include a review of impediments to Fair Housing in the public and
private sectors, including but not limited to:
• A comprehensive review of the City's codes, ordinances, administrative policies,
practices and procedures;
• An assessment of how those laws, etc., affect the location, availability and accessibility
to housing choice;
• An assessment of local residents and the real state industry's awareness of fair housing
issues;
• An assessment of current land use and group home practices;
• An analysis of differences in property tax rates, controlling for home value and year of
purchase, for different racial groups within the City;
• An assessment of job opportunities in relationship to area or residential concentration of
minorities and other classes of persons protected by the Fair Housing Act;
• Documentation of the nature of extent of fair housing complaints/lawsuits or other data
that may evidence achievements of or lack of fair housing choices;
• Patterns of ownership versus rental, housing density, housing age and/or condition,
overcrowding, income, family size, residency tenure, bank loans by type, etc.;
• Demographic overview of Temecula, showing how the City compares to the county as a
whole in racial composition, homeownership by race, affluence, and poverty by race
and trends since 1990;
• Home Mortgage Disclosure Act (HMDA) data, including FHA/VA loans conventional
home loans, housing refinance loans and home improvement loans;
• Results of testing or case studies of incidents or problems of discrimination occurring
within the City, including hate crimes, land use practices, occupancy standards, and
advertising;
• Results of Fair Housing Initiative Program (FHIP) Grants (if applicable);
• Records showing geographic patterns of occupancy in Section 8; Public and Assisted
Housing, and private rental housing;
• An analysis of the "cost of unfair housing," which causes certain specific social problem
resulting from housing segregation and discrimination;
• Complete an analysis of home sales trends, median and average sale price by type,
number of households and size, and banking and lending practices. Compile data
indicating the frequency and amount of those financial institutions' lending in our
community over the past five-year period;
• Compile a vacancy rate study for rental properties by type/number of bedrooms and
rental rates over the past two-year period;
• Provide a variety of maps including dot density, overlays, etc., depicting multiple
characteristics and address specific maps in the Al;
• Recommended changes in practices and policies; and
• Provide up to 5 sets of the draft copy, and 7 sets of the approved final plan. Provide
approved Plan on a CD disk in Microsoft WORD format.
7 Ability to meet established deadlines; and
8. Demonstrate personal and professional commitment and integrity.
EXHIBIT B
Payment Rates and Schedule
MDG divides the Consolidated Plan, Annual Action Plan and Analysis of Impediments to Fair
Housing Choice process into two distinct phases. The first phase focuses on the gathering of
data and situational analysis. In the second phase, MDG works closely with City staff to
formulate the Plans based on the results. MDG proposes to complete the following tasks within
the time period noted in each task.
Task 1 - Data Collection and Review — All Documents
This task will consist of the review of available background and resource materials. Available
documents and resources will include: a) 2012-2016 Consolidated Plan approved by the
Temecula City; b) City of Temecula General Plan Housing Element; and c) City of Temecula
Zoning Ordinance and Amendments of the Temecula Municipal Code, 2012-2017 Analysis of
Impediments to Fair Housing.
MDG will review and revise of the City's current adopted Citizen Participation Plan to ensure
compliance with Part 91. As necessary, recommend revisions and prepare a revised draft
Citizen Participation Plan for adoption by the City prior to engaging in the Citizen Participation
and Consultation Process required for the development of the Consolidated Plan
Schedule: (Day 1 through Day 75)
Task 2- Workshops and Community Meetings
Coordinate and facilitate community workshops and focus groups. City staff will assist in
noticing and organizing the workshops, arranging for use of facilities, etc. MDG will provide the
following services related to this task: a) prepare agendas, handouts and other presentation
materials as appropriate b) maintain detailed notes; summarize the results of each group
meeting.
Schedule: (Day 75-100)
Task 3 — Develop the Draft Consolidated Plan, Al and Maps
Develop all required maps using CPD Maps or GIS, including but not limited to areas of minority
and low-income concentration, low -and moderate -income areas, and other maps to describe the
geographic distribution of resources.
Draft Consolidated Plan:
Develop the draft Consolidated Plan in the HUD Integrated Disbursement and Information
System ("IDIS") to contain the information required in 24 CFR 91, Section 91.205 through
91.230, including all tables, narratives, and certifications as delineated within the IDIS template.
Preparation of outlines, agendas, public notices, issue papers, input into IDIS, and provide the
City copies of drafts as requested in the City's RFP (five (5) sets of the draft copy).
Schedule (Day 100-160)
Draft Analysis of Impediments To Fair Housinq
Consult with the City's contracted Fair Housing Service Provider, the State of California and
HUD as necessary to develop a full profile of fair housing activity within Temecula the last 3-5
years.
Develop a comprehensive draft Al. This document will include an analysis of prior -identified
impediments, identification of new impediments (if any), and a Fair Housing Plan to include
recommendations to address current impediments, the parties responsible, and timeframes.
The draft Al must meet all of the requirements of the current Fair Housing Planning Guide
published by HUD.
Preparation of outlines, agendas, public notices, issue papers, and provide the City copies of
drafts as requested in the City's RFP.
Schedule (Day 100-160)
Task 4- Present the Draft Consolidated Plan, Action Plan, and Al to City Staff
Based on the review of resources, data gathering, analysis, and input from the community
through workshops/focus groups, etc., the Draft Consolidated Plan, Action Plan, and Al will be
prepared pursuant to the requirements of all applicable HUD regulations and presented to City
Staff.
Schedule (Day 160-200)
Task 5- Public Comment Period
Present Draft Consolidated Plan, Action Plan, and Al for public comment(s) and input.
Schedule: (Day 220 to through day 250)
Task 6- Public Hearing
Presentation of Consolidated Plan, Action Plan, and Al to the City Council — Transmittal and
presentation of the final documents for approval and adoption.
Schedule: (Day 260)
Based on the proposed scope of work, MDG proposes to complete the 2017-2021 Consolidated
Plan and the 2017-2021 Analysis of Impediments to Fair Housing Choice for a total firm fixed
price of $36,000.00 to be completed and invoiced subsequent to the completion of each phase
based on the Scope of Work tasks completed in each phase as shown in the tables below.
Five Year Consolidated Plan and
1st Year Action Plan
Analysis of Impediments to Fair Housing 1
Aboice
1.
Citizen Participation & Consultation
1.
Data collection & analysis
2.
Community Meetings
2.
Consultations
3.
Data collection and analysis
3.
Community Meetings
4.
Develop CPD/GIS Maps
4.
Develop Draft A.I.
5.
Develop Con Plan and lst Action Plan in
5.
Attend meetings / hearings
IDIS (eCon Plan Suite)
6. Preparation of Documents
6. Preparation of Documents
Fee (Lump Sum)
$21,000
Fee (Lump Sum)
$15,000
Total Fixed Price: $36,000.00
Material & Supplies
Consolidated Plan & Annual Plan Sets
Analysis of Impediments Sets
5 bounded draft sets
7 bounded final sets
Total: 12 sets overall
5 bounded draft sets
7 bounded final sets
Total: 12 sets overall
Total: $1,200.00
Total: $1,200.00
Total, with materials: $38,400
Item No. 8
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: January 26, 2016
SUBJECT: Approve the Second Amendment to the Agreement for Consulting Services with
Environmental Science Associates for an Environmental Impact Report for the
Altair Specific Plan
PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst
RECOMMENDATION: That the City Council approve the Second Amendment to the
Agreement for Consultant Services with Environmental Science Associates, in the amount of
$5,000, for a total agreement amount of $320,789, for the preparation of an Environmental
Impact Report for the Altair Specific Plan.
BACKGROUND: Ambient Communities is proposing a Specific Plan, referred to as
Altair, on 270 acres in the southwesterly portion of the City of Temecula, west of Old Town. The
proposed Plan will include the four -lane divided Western Bypass, approximately 1,750
residential units, elementary school, civic/education site, neighborhood commercial, clubhouse,
parks, trails, and hillside preservation. To complete the necessary environmental review, as
required by the California Environmental Quality Act (CEQA), the City entered into an
agreement with Environmental Science Associates (ESA) on July 14, 2014 to complete an
Environmental Impact Report (EIR). The EIR process includes analyses to address impacts to
the following environmental factors:
• Aesthetics
• Air Quality
• Biological Resources
• Greenhouse Gas Emissions
• Cultural Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation and Traffic
• Utilities and Service Systems
This Second Amendment to the Agreement revises the greenhouse gas section of the EIR in
response to recent state legislation and court decisions regarding CEQA requirements.
FISCAL IMPACT: There is no fiscal impact to the City. Sufficient funds have been
deposited by the applicant to cover the costs of the EIR.
ATTACHMENTS: Second Amendment
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES
CONSULTANT SERVICES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT
REPORT FOR ALTAIR SPECIFIC PLAN
THIS SECOND AMENDMENT is made and entered into as of January 26, 2016 by and
between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and
Environmental Science Associates, a Corporation (hereinafter referred to as "Consultant").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On July 22, 2014, the City and Consultant entered into that certain
Agreement entitled "Agreement for Consultant Services for the Preparation of
Environmental Impact Report for Altair Specific Plan" in the amount of $237,780, plus
contingency in the amount of $23,778.
b. On June 23, 2015, the City and Consultant entered into the First
Amendment to that certain Agreement entitled "Agreement for Consultant Services for the
Preparation of Environmental Impact Report for Altair Specific Plan," to add scope of work,
extend the term of the agreement to June 30, 2016, increase the payment in the amount of
$54,231.
c. The parties now desire to add scope of work, increase the payment in the
amount of $5,000, and to amend the Agreement as set forth in this Amendment.
2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
The City agrees to pay Consultant 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 SECOND Amendment
amount shall not exceed five thousand dollars ($5000.00), for additional
environmental analysis for a total Agreement amount of three
hundred twenty thousand seven hundred eight nine dollars
($320,789).
3. Exhibits A and B to the Agreement are 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.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
ENVIRONMENTAL SCIENCE ASSOCIATES
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Michael S. Naggar, Mayor Eric Ruby, Senior Vice President
ATTEST:
By: By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney CONSULTANT
Bobbette Biddulph, Vice President
Environmental Science Associates
Attn: Jack Gorzeman
[550West C Street Suite 750
San Diego, CA 92101
jgorzeman@esassoc.com
619.719.4188
2
PM Initials:
Date: (-
ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and pricing as provided
by the Consultant
January 4. _'016
Matt Peters
Planning Department
City of Temecula
41000 Main Street
Temecula. CA 9 590
SUBJECT: Request an Amendment to the Consulting Senices Agreement dated JuIv 22. 2014
between the C itv of Temecula and ESA for the Altair Specific Plan EIR to
Reanalyze Greenhouse Gas Emissions Impacts Based on Recent .Supreme Court
Cases
Dear Matt:
ESA proposes to revise the Greenhouse Gas (GHG) emissions section of the EIR for the Altair Specific
Plan Project (Project). in light of recent California Supreme Court cases decisions (e.g.. Center for
Biological Diversity v. California Department of Fish and Wildlife) and a California regulator;
environment that continues to evolve with respect to climate change mitigation_
The following is the proposed scope of work for this additional task.
SCOPE OF WORK
Revise GHG Section of the EIR (out -of -scope)
ESA will perform the following tasks:
• Review the Sub -regional Climate Action Plan of the Western Riverside Council of Governments
and amend the setting analysis of the GHG section to reflect the applicability to the Ciro of
Temecula and the project.
• Add text to the GHG impact analysis discussing the Supreme Courts decision and how it relates
to the significance criteria used to evaluate GHG impacts.
• Research potential GHG emission thresholds and discuss derivations and applicability to the
proposed Specific Plan and uncertainties posed by their use.
• Revise impact analysis to reflect a finding of a significant and unavoidable GHG impact and
identify feasible mitigation to address and assess the residual impact.
COST
The fee for the above scope of work would be on a tune and materials basis: not to exceed S5.0CK0.
3
SCHEDULE
T be ::: fileted within two (2) weeks of receiving a Notice to Proceed.
Thankyou for your consideration of this request.
Sincerely_
Jack A Gorzeman. AICP, ASLA
Senior Managing Associate
Item No. 9
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Thomas W. Garcia, Director of Public Works/City Engineer
DATE: January 26, 2016
SUBJECT: Approve Plans and Specifications, and Authorize the Solicitation of Construction
Bids for the Pavement Rehabilitation Program — Temecula Parkway (Bedford
Court to Pechanga Parkway), PW12-13
PREPARED BY: Amer Attar, Principal Engineer
Jon Salazar, Associate Engineer
RECOMMENDATION: That the City Council:
1. Approve the Plans and Specifications, and Authorize the Department of Public
Works to Solicit Construction Bids for the Pavement Rehabilitation Program —
Temecula Parkway (Bedford Court to Pechanga Parkway), PW12-13;
2. Make a finding that this project is exempt from CEQA per Article 19, Categorical
Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.
BACKGROUND: As part of the Capital Improvement Program and budget for Fiscal
Year 2015-16, the City Council approved appropriations to support a Citywide Pavement
Rehabilitation Program that would implement the recommended maintenance activities
identified in the previously completed Pavement Management System (PMS). The PMS
prioritized the areas in need of repairs and identified the recommended method for these
repairs. Using the PMS, staff selected several locations throughout the City based on its
ranking on the PMS report, economy of scale and the available budget. The Temecula Parkway
project was selected for rehabilitation at this time.
The project plans and specifications are complete and the project is ready to be advertised for
construction bids. The contract documents are available for review in the office of the Director
of Public Works.
The Engineer's estimate for the project is $395,000. The Specification allows for sixty working
days, which is three months.
This project is exempt from the CEQA requirements pursuant to Article 19, Categorical
Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states
that the repair and maintenance of existing highways, streets, and gutters are Class 1 activities,
which are exempt from CEQA.
FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the
City's Capital Improvement Program Budget for Fiscal Year 2015-16. It is funded with Measure
A and General Fund contributions. Adequate funds are available in the project accounts to
construct the project.
ATTACHMENTS: 1. Project Description
2. Project Location
HSsut hero Cal,fornna
Wine Country
Capital Improvement Program
Fiscal Years 2016-20
PAVEMENT REHABILITATION PROGRAM - CITYWIDE
Circulation Project
Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and
reconstruction of major streets as recommended in the Pavement Management System.
Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and
government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity.
Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis.
Department: Public Works - Account No. 210.165.655
Level: 1
Project Cost:
Prior Years
Actual
Expenditures
FYE 2015 2015-16
Carryover Adopted
Budget Appropriation
2016-17
Projected
2017-18
Projected
2018-19
Projected
2019-20
Projected
Total Project
Cost
Administration
$ 1,473,958
$ 200,000
$ 270,000
$ 160,000
$ 160,000
$ 160,000
$ 160,000
$ 2,583,958
Construction
$ 10,947,919
$ 5,822,639
$ 507,639
$ 652,257
$ 989,600
$ 1,103,525
$ 1,224,384
$ 21,247,963
Construction
$ 10,507,727
$ 2,030,213
$ 977,639
$ 942,257
$ 1,049,600
$ 1,163,525
$ 1,284,384
$ 17,955,345
Engineering
$ 125,632
$ 229,127
$ 50,000
$ 150,000
$ 150,000
$ 150,000
$ 150,000
$ 1,004,759
Design
$ 624,563
$ 97,625
$ 150,000
$ 230,000
$ 1,102,188
Totals
$ 13,172,072
$ 6,349,391
$ 977,639
$ 1,192,257
$ 1,299,600
$ 1,413,525
$ 1,534,384
$ 25,938,868
Source of Funds:
Prior Years
Actual
Expenditures
FYE 2015 2015-16
Carryover Adopted
Budget Appropriation
2016-17
Projected
2017-18
Projected
2018-19
Projected
2019-20
Projected
Total Project
Cost
General Fund
Contributions
$ 2,664,345
$ 4,319,178
$ 250,000
$ 250,000
$ 250,000
$ 250,000
$ 7,983,523
Measure A
$ 10,507,727
$ 2,030,213
$ 977,639
$ 942,257
$ 1,049,600
$ 1,163,525
$ 1,284,384
$ 17,955,345
Total Funding:
$ 13,172,072
$ 6,349,391
$ 977,639
$ 1,192,257
$ 1,299,600
$ 1,413,525
$ 1,534,384
$ 25,938,868
Future Operation &
Maintenance Costs:
2015-16 2016-17
2017-18
2018-19 2019-20
General Fund Contributions include 1.5 million tor Pavement Management Program Approved at Midyear on 2/24/2015.
59
°"`-4"'= TEMETHF CITY OF
CULA
Temecula Parkway Pavement Rehabilitation - PW12-13
m
.4000, . all
410
ellob
11!1°'lit
FZRD
QPt,
un
o 10,,,,„,.. ,, ,...
kINFOL�4'% VAL-I�EJORV
Or
OLA m
% G Ai 410 1Z i
Legend
D city
Streets
Parcels
'4Y
alk Or 4,1111111W 4\N
0 600 1200 1800 ft.Scale:
N
1:6,333
Map center: 6292162, 2118384
This map is a user generated static output from an Internet mapping site and is for general
reference only. Data layers that appear on this map may or may not be accurate, current, or
otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.
TEMECULA COMMUNITY
SERVICES DISTRICT
CONSENT CALENDAR
Item No. 10
ACTION MINUTES
January 12, 2016
City Council Chambers, 41000 Main Street, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District meeting convened at 7:21 PM
CALL TO ORDER: President Jeff Comerchero
ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar (absent), Rahn,
Comerchero
PRESENTATIONS/PROCLAMATIONS
Presentation of Gavel from Outgoing TCSD President Maryann Edwards to Incoming
TCSD President Jeff Comerchero
CSD PUBLIC COMMENTS (None)
CSD CONSENT CALENDAR
15 Approve the Action Minutes of December 8, 2015 — Approved Staff Recommendation
(4-0, Director Naggar absent) Director Rahn made the motion; it was seconded by
Director Edwards; and electronic vote reflected approval by Directors
Comerchero, Edwards, McCracken and Rahn with Director Naggar absent.
RECOMMENDATION:
15.1 That the Board of Directors approve the action minutes of December 8, 2015.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD Action Minutes 011216 1
CSD ADJOURNMENT
At 7:25 PM, the Community Services District meeting was formally adjourned to Tuesday,
January 26, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00
PM, City Council Chambers, 41000 Main Street, Temecula, California.
Jeff Comerchero, TCSD President
ATTEST:
Randi Johl, Secretary
[SEAL]
CSD Action Minutes 011216 2
SUCCESSOR AGENCY TO
THE TEMECULA
REDEVELOPMENT
AGENCY
BUSINESS
Item No. 11
Approvals
City Attorney
Finance Director
City Manager
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Luke Watson, Director of Community Development
DATE: January 26, 2016
SUBJECT: Approve Recognized Obligation Payment Schedule for the Period of July 1,
2016 through June 30, 2017 (ROPS 16-17)
PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. SARDA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF
JULY 1, 2016 THROUGH JUNE 30, 2017 PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND TAKING
CERTAIN ACTIONS IN CONNECTION THEREWITH
BACKGROUND: Pursuant to Health and Safety Code Section 34177(1)(2)(B),
successor agencies are required to prepare in advance a Recognized Obligation Payment
Schedule (ROPS) that is forward looking for six months and covering the period of July 1, 2016
through June 30, 2017. The ROPS lists all of the Successor Agency's financial obligations.
The Successor Agency is required to submit this ROPS to the State Department of Finance and
the County Auditor Controller no later than February 1, 2016.
Preparation of a Recognized Obligation Payment Schedule is in furtherance of allowing the
Successor Agency to pay enforceable obligations of the former Redevelopment Agency. Recent
legislation (SB 107) directed cities to prepare only one ROPS per year, where previously cities
prepared two ROPS per budget cycle.
FISCAL IMPACT: Adoption of the proposed resolution will enable the Successor
Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section
34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under
Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax
revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a
successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and
obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations
of the Successor Agency and not of the City.
ATTACHMENTS: 1. Resolution
2. Exhibit A — Recognized Obligations Payment Schedule for the
period of July 1, 2016 through June 30, 2017 (ROPS 16-17)
RESOLUTION NO. SARDA 16-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2017
PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Board of Directors of the Successor Agency to
the Temecula Redevelopment Agency does hereby find, determine and declare that:
A. The Redevelopment Agency of the City of Temecula was a redevelopment
agency in the City of Temecula, duly created pursuant to the Community
Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the
California Health and Safety Code (hereafter the "Temecula Redevelopment Agency").
On June 12, 1988, the Board of Supervisors of the County of Riverside adopted
Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside
County Redevelopment Project No. 1988-1." On December 1, 1989, the City of
Temecula was incorporated. The boundaries of the Project Area described in the Plan
are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City
Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-
15 establishing the Redevelopment Agency of the City of Temecula and transferring
jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-
11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of
Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been
amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The
Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in
accordance with Health and Safety Code Section 33490.
B. The City Council of the City of Temecula adopted Resolution No. 12-02
January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable
law electing for the City to serve as the Successor Agency for the Temecula
Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City
of Temecula. The City Council of the City of Temecula, Acting as the Governing Body
for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution
No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula
Redevelopment Agency duly constituted pursuant to law and establishing rules and
regulations for the operation of the Successor Agency to the Temecula Redevelopment
Agency ("Successor Agency").
C. Pursuant to Health and Safety Code Section 34175(b) and the California
Supreme Court's decision in California Redevelopment Association, et al. v. Ana
Matosantos, et al. (53 Ca1.4th 231(2011)), on February 1, 2012, all assets, properties,
contracts, leases, books and records, buildings, and equipment of the former Temecula
Redevelopment Agency transferred to the control of the Successor Agency by operation
of law.
D. Health and Safety Code Section 34177(1), as modified by the California
Supreme Court, provides that by March 3, 2015, the Successor Agency must prepare a
Recognized Obligation Payment Schedule for the enforceable obligations of the former
Redevelopment Agency, in accordance with the requirements of paragraph (1). The
draft schedule must be reviewed and certified, as to its accuracy, by an external auditor
designated at the county auditor -controller's direction pursuant to Health and Safety
Code Section 34182. The certified Recognized Obligation Payment Schedule must be
submitted to and approved by the Oversight Board. Finally, after approval by the
Oversight Board, a copy of the approved Recognized Obligation Payment Schedule
must be submitted to the County Auditor -Controller, the State Controller and the State
Department of Finance ("DOF"), and be posted on the Successor Agency's web site.
E. Accordingly, the Board desires to adopt this Resolution approving the
Recognized Obligation Payment Schedule for the period of July 1, 2016 through June
30, 2017 in accordance with Part 1.85.
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34177.
Section 3. The Board hereby approves the Recognized Obligation Payment
Schedule for the period of July 1, 2016 through June 30, 2017 substantially in the form
attached as Exhibit A to this Resolution and incorporated herein by reference (the
"ROPS"). The Executive Director of the Successor Agency, in consultation with the
Successor Agency's legal counsel, may modify the ROPS as the Executive Director or
the Successor Agency's legal counsel deems necessary or advisable.
Section 4. The Board hereby designates the Finance Director as the official to
whom the DOF may make requests for review in connection with the ROPS and who
shall provide the DOF with the telephone number and e-mail contact information for the
purpose of communicating with the DOF.
Section 5. Staff is hereby authorized and directed to post a copy of the
Oversight Board -approved ROPS on the Successor Agency's Internet Website (being a
page on the Internet website of the City of Temecula).
Section 6. The officers and staff of the Successor Agency are hereby
authorized and directed, jointly and severally, to do any and all things which they may
deem necessary or advisable to effectuate this Resolution, including submitting the
Recognized Obligation Payment Schedule to the oversight board for approval and
requesting additional review by the DOF and an opportunity to meet and confer on any
disputed items, and any such actions previously taken by such officers are hereby
ratified and confirmed.
Section 7. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the
Successor Agency to the Temecula Redevelopment Agency this 26th day of January,
2016.
Michael S. Naggar, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment
Agency, do hereby certify that the foregoing Resolution No. SARDA 16- was duly and
regularly adopted by the Board of Directors of the Successor Agency to the Temecula
Redevelopment Agency at a meeting thereof held on the 26th day of January, 2016, by the
following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
EXHIBIT A
Recognized Obligations Payment Schedule for the period
July 1, 2016 through June 30, 2017 (ROPS 16-17)
Successor Agency:
County:
Recognized Obligation Payment Schedule (ROPS 16-17) - Summary
Filed for the July 1, 2016 through June 30, 2017 Period
Temecula
Riverside
ROPS 16-17
Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 16-17A Total 16-17B Total Total
Enforceable Obligations Funded with Non -Redevelopment Property Tax Trust Fund (RPTTF) Funding
A Sources (B+C+D): $ - $ $
B Bond Proceeds Funding
C Reserve Balance Funding
D Other Funding
E Enforceable Obligations Funded with RPTTF Funding (F+G):
F Non -Administrative Costs
G Administrative Costs
H Current Period Enforceable Obligations (A+E):
Certification of Oversight Board Chairman:
Pursuant to Section 34177 (o) of the Health and Safety code, I
hereby certify that the above is a true and accurate Recognized
Obligation Payment Schedule for the above named successor
agency.
$ 4,875,720 $ 4,040,649 $ 8,916,369
4,750,720
125,000
3,915,649
125,000
8,666,369
250,000
$ 4,875,720 $ 4,040,649 $ 8,916,369
Name
/s/
Title
Signature Date
A
Temecula Recognized Obligation Payment
July , 2016 through
(Report Amounts
Schedule
June 30,
in Whole Do
ROPS 16-17) - ROPS Detail
2017
lars)
B
c
0
E
F
G
H
J
L
M
ry
o
P
0
R
s
i
u
v
W
Wn)#
Protect NamODebt Obligation
Obligation Type
ContracffAgreement
Execution Date
Contract.greement
Termination Date
payee
Descroton/Protect Scope
Protect Area
Total Outslanding
Debtor
Retired
]
16-17A
-16-178
16-17B
Non-Re2ev lopment Property Tax Trust Fund
Won-RPTTF)
RPTTF
Non-Retleve opment Property Tax Trust Fund
/NcrRPTTFI
RPTTF
BondProcee s
Reserve Balance
Other Funds
N
BotlProcee s
Reserve Balance
Other Funs
Non -0,
5 165
5 9
3
6
4,750,720
5
125,999
5 9
6
6
6 915,69
5 125,999
5 4,949,
2
Trustee Ads, Fees
Abbott OPA
OP/VDD/Vconstructon
2/12/2002
2/12/2021
for
Abbott Vascular
Trustee Fees for TAB Bo. Issues
Property Tax Rornburtsment
No -1,097037
N
5 15 455
5 173,492
15455
173,492
5 15 4555
5 173,4.
5
AbbotOPA
0.1. A/construcnon
2/122992
2/122921
Abbot Vascular
Reimbursement fortDevelopment
Improvements
No 1-1988
759,999
N
5 -
-
5 -
5
4
SERAF Payment Reimbursment
SERAWERAF
5/192911
5/192916
Low -Mod Housing Fund
Loan of Low M. to Redeye Fund for
SERAF
No 1-1988
5,259554
N
5 -
-
5
5
5
Temecula Gardens LP Loan
Agreement
0.1. A/construcnon
7/1/1998
7/12927
Temecula Gardens LP_
Loan for Affordable Housing
No 1-1988
3,669,999
N
5 395,999
395,999
5 395,999
5
6
2002 BFY2912/13 Debt ServiceIssued
(tial
On or Before
12/31/10
4242992
7282032
Trustee for
Bondholders
Issues. Fund Redevelopment
Anytes
No 1-1988
36,885589
N
5 2,424,775
1,295,944
5 1,295,944
1,219,731
5 1,219,731
7
2006 TAB Series A FY 2912/13 Debt
service ma(
Bo.s IssuedOn or Before
12/12996
7892936
US Bank as Trustee for
Bonds Issues. Fund Redevelopment
No 1-1988
26,249,911
N
5 993438
659,919
5 659,919
333,519
5 333,519
8
2006 TAB Series B FY 2912/13 Debt
Woice
Bo.s IssuedOn or Before
12/31/10
12/12996
7892036
US Bank as Trustee for
Bondholders
Bonds Issues. Fund Redevelopment
Anytes
No 1-1988
4,517594
N
5 196,797
131,593
5 131,593
65,114
5 65,114
92997
TAB FY 2912113 Debt Service
don or Before
12/31/10
19/1]299]
]89293]
US Bank as Trustee for
Bondholders
Bonds Issues. Fund Redevelopment
...es
No 1-1988
24,835,980
N
5 1092,329
717,797
5 717,797
374,532
5 374,532
0
2010 Housing TAB Series A&BFY
2012/13 (aa)
Den Service
Bo d07 or Before
2242919
7812949
US Bank as Trustee for
Issues to Fund Affordable
s nlgssu
No 1-1988
26,]5323]
N
5 1,250,897
774679
3 774,679
476218
5 476218
2011 Fiscal Year
2012/13 Debt Service (aa)
ParkingPromenade Garage OPA
Bonds Issued After 12/31/19
trucnon
3/12911
7812941
US Bank as Trustee forsM
s nlIssues.Fund Affordable
Parking Garage
No 1-1998
-
33,879565
N
5 1,395,419
5 -
767,741
5 767,741
5 -
537,678
5 537,678
5
29Ag
Agency Adminisiraeon
Ads, costs
7/12912
6892916
Multiple Payees
Agency Staff Gompensaeon/A6 envy
in
No 1-1998
259,999
N
5 250,999
125,999
5 125,999
125,999
5 125,999
21
6th street Promissory to
On or
Before 6/27/11
3/12/1996
6
Crty of
Loan for acquisition of property for
pubic perking lot
No 1-1988
73292
N
lir
22
Unfund.Obligations
dOn or Before
12/31/10
4242992
]282936
stee for
Bondholders
sM Fund Redevelopment
Anytes
No 1-1988
464,]81
N
IIIII
23
Unfund. Obligations
Issued On or Before
0
12/12996
]892936
stee for
Bondholders
sM Fund Redevelopment
Actm lees
No 1-1988
189,999
N
24
Unfund. Obligations
Bonds Issued After 12/31/19
3/12911
7812936
US Bank as Trustee for
Bondholders
Bonds Issues. Fund Redevelopment
Anytes
No 1-1998
19,999
N
5 -
5 -
5
25
26
Unfund. Obligations
Unfund. Obligations
Professional Services
Professional Services
3/222911
3./2011
6892916
6/30/2016
EnvironmentalScience
Associates
Inla. Planning Si Design
Jefferson corridor specific Plan EIR
No 1-1988
-
114,979
N
5 -
5 -
5 -
5 -
5
5
27
Unfund. Obligations
Property Tax Roombuursmlen[len
No 1-1998
25,558
N
5
5
5
28
Unfund. Obligations
Bo.s IssuedOn or Before
12/31/10
94242992
9728/2936
US Bank as Trustee for
Bondholders
Bonds Issues. Fund Redevelopment
Anytes
No 1-1998
595,999
N
5 595,999
5
595,000
5 595,999
29
Unfund. Obligations
Bo.s IssuedOn or Before
12/31/10
12/012996
97/392936
US Bank as Trustee for
Bondholders
Bonds Issues. Fund Redevelopment
Anytes
No 1-1998
319,999
N
5 319,999
5
310,999
5 319,999
39
Professional Services
Professional Services
3/222911
6892916
Environmental Science
Associates
Jefferson corridor specific Plan EIR
No 1-1988
3,857
N
5 3,857
5 -
3,857
5 3,857
5 -
5 -
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
75
N
3
3
3
Temecula Recognized Obligation Payment Schedule ROPS 16-17) - ROPS Detail
July , 2016 through June 30, 2017
(Report Amounts in Whole Do lars)
Item
Protect Name/Debt Obligation
Obligation Type
contraceAgreernent
contracgAgreernent
Termination Date
Payee
Description/Project Scope
Protect Area
Total ding
Debtor Obligation
Retired
ROPS 1.17
Total
16-17A
Non-Redev lopment Property Tax Trust Fund
(Non-RPTTFI
RPTTF
Bo. Proceeds Reserve Balance other Funds Non-Adrnin
Adrnin
Total
16-17B
Non -Redeye opment Property Ta. Trust Find
(Non-RPTTFI
RPTIM
Bond Proceeds
Reserve Balance
Other Funds
Adrnin
76
77
78
79
80
81
82
83
84
85
86
87
88
Tntal
Temecula Recognized Obligation Payment Schedule (ROPS 16-17) - Report of Cash Balances
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (I), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or
when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see CASH BALANCE TIPS SHEET
A
B
C
D
E
F
G
H
I
Cash Balance Information by ROPS Period
Fund Sources
Comments
Bond Proceeds
Reserve Balance
Other
RPTTF
Bonds issued on
or before
12/31/10
Bonds issued on
or after 01/01/11
Prior ROPS
period balances
and DDR RPTTF
balances
retained
Prior ROPS
RPTTF
distributed as
reserve for future
period(s)
Rent,
grants,
interest, etc.
Non -Admin
and
Admin
ROPS 15-16A Actuals (07/01/15 - 12/31/15)
1
Beginning Available Cash Balance (Actual 07/01/15)
7,986,901
8,579,783
310,000
164,567
(168,311)
2
Revenue/Income (Actual 12/31/15)
RPTTF amounts should tie to the ROPS 15-16A distribution from the
County Auditor -Controller during June 2015
153
1,821
2,106
3,734,003
3
Expenditures for ROPS 15-16A Enforceable Obligations (Actual
12/31/15)
310,000
166,673
4,055.138
4
Retention of Available Cash Balance (Actual 12/31/15)
RPTTF amount retained should only include the amounts distributed as
reserve for future period(s)
5
ROPS 15-16A RPTTF Balances Remaining
No entry required
6
Ending Actual Available Cash Balance
C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 - 5)
$ 7,987,054
$ 8,581,604
$ -
$ -
$ -
$ (489,446)
ROPS 15-16B Estimate (01/01/16 - 06/30/16)
7
Beginning Available Cash Balance (Actual 01/01/16)
(C, D, E, G = 4 + 6, F = H4 + F4 + F6, and H = 5 + 6)
$ 7,987,054
$ 8,581,604
$
$
$
$ (489,446)
8
Revenue/Income (Estimate 06/30/16)
RPTTF amounts should tie to the ROPS 15-16B distribution from the
County Auditor -Controller during January 2016
3,071,869
9
Expenditures for ROPS 15-16B Enforceable Obligations (Estimate
06/30/16)
2,532,828
10
Retention of Available Cash Balance (Estimate 06/30/16)
RPTTF amount retained should only include the amounts distributed as
reserve for future period(s)
11
Ending Estimated Available Cash Balance (7 + 8 - 9 -10)
$ 7,987,054
$ 8,581,604
$ -
$ -
$ -
$ 49,595
Temecula Recognized Obligation Payment Schedule (ROPS 16-17) - Notes July 1, 2016 through June 30, 2017
Item #
Notes/Comments
28, 29, 30
These Unfunded Obligations added to the ROPS were to request monies that were "swept" by the State as part of
ROPS 14-15B Prior Period Adjustments. These monies should have been carried by the Agency as reserves to make
payments for certain ROPS obligations. This has happened to our Agency in the past and Department of Finance
staff has advised to simply place these items on the ROPS as Unfunded Obligations for future funding and to
reimburse the Agency.
COUNCIL
PUBLIC HEARING
Item No. 12
TO:
FROM:
DATE:
SUBJECT:
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Luke Watson, Director of Community Development
January 26, 2016
Approve Planning Application Number PA15-0520 &
Development Plan and Conditional Use Permit to Allow for the
Operation of a 4,285 Square Foot Car Wash Generally
Northwest Corner of Jefferson Avenue and Del Rio Road at
Avenue
PA15-0521, a
Construction and
Located on the
28111 Jefferson
PREPARED BY: Eric Jones, Associate Planner
RECOMMENDATION: That the City Council conduct a Public Hearing and:
1. Adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA15-0520, A DEVELOPMENT PLAN TO ALLOW FOR THE
CONSTRUCTION OF AN APPROXIMATELY 4,285
SQUARE FOOT CAR WASH GENERALLY LOCATED ON
THE NORTHWEST CORNER OF JEFFERSON AVENUE
AND DEL RIO ROAD AT 28111 JEFFERSON AVENUE,
AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(APN 921-060-006)
2. Adopt a resolution entitled:
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA15-0521, A CONDITIONAL USE PERMIT TO ALLOW
FOR THE OPERATION OF AN APPROXIMATELY 4,285
SQUARE FOOT CAR WASH GENERALLY LOCATED ON
THE NORTHWEST CORNER OF JEFFERSON AVENUE
AND DEL RIO ROAD AT 28111 JEFFERSON AVENUE,
AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(APN 921-060-006)
BACKGROUND: On April 18, 2015, Wayne Knyal, through his representative Lisa
Kolieb of Gersham Savage, submitted Planning Application Nos. PA15-0520 and PA15-0521.
The applications consisted of a Development Plan and a Conditional Use Permit to allow for the
construction and operation of a 4,285 square foot express car wash on the northwest corner of
Jefferson Avenue and Del Rio Road.
The project is located within the Uptown Temecula Specific Plan Area. On June 9, 2015, the
City Council passed an Urgency Ordinance to temporarily prohibit certain uses and construction
in the proposed Uptown Temecula Specific Plan area until approval of the Specific Plan
(December 8, 2015). Several exemptions to the prohibition were included in the ordinance. One
exemption indicated that projects submitted and deemed complete on or before April 28, 2015
could continue through the process provided they were ultimately reviewed by the City Council.
The applications for this project were submitted before this date. The project is consistent with
the code requirements in place at the time of submittal.
The car wash is located adjacent to the intersection of Jefferson Avenue and Del Rio Road and
vehicular ingress and egress is provided on both these streets. The site plan depicts an area
adjacent to this intersection for a monument sign. The purpose of this sign is to announce the
site and surrounding area as being part of the Uptown Jefferson Specific Plan. The City is still
determining the design of the monument sign and it will be reviewed under a separate permit
once the design phase is complete.
The car wash is based on a self-service model with no individual wash bays. Staff calculated
parking requirements based on the 2.5 spaces per wash bay requirement in the Development
Code and applied it to the number of cars that can be washed at any one time. The car wash
can accept up to four cars at once. Therefore the number of required parking spaces is ten. The
applicant has provided nineteen spaces. The covered parking spaces will feature solar arrays.
The applicant was required to file a Conditional Use Permit for the project. This permit will
govern the operational aspects of the project. Standard hours of operation for the project will be
from 7:00 a.m. until 9:00 p.m. seven days a week. Washes will be completed in three minutes or
less. The facility will be supervised by three employees per shift. These employees will include a
manager or assistant manager and two customer service attendants.
The project was heard at the November 18, 2015 Planning Commission Hearing. The
Commission voted unanimously (4-0-1, one commission seat vacant) to provide a
recommendation of approval to the City Council.
FISCAL IMPACT: None
ATTACHMENTS:
1. City Council Development Plan Resolution
2. City Council Conditional Use Permit Resolution
3. Planning Commission Staff Report
4. Notice of Public Hearing
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA15-0520, A DEVELOPMENT PLAN TO ALLOW
FOR THE CONSTRUCTION OF AN APPROXIMATELY
4,285 SQUARE FOOT CAR WASH GENERALLY
LOCATED ON THE NORTHWEST CORNER OF
JEFFERSON AVENUE AND DEL RIO ROAD AT 28111
JEFFERSON AVENUE, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-
006)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 18, 2015, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter. At the
conclusion of the Planning Commission hearing and after due consideration of the
testimony, the Planning Commission adopted Resolution 15-31 recommending that the
City Council approve Planning Application PA15-0520.
B. The City Council, at a regular meeting, considered the Application and
environmental review on January 26, 2016, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
C. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council approved Planning Application No. PA15-0520 subject
to and based upon the findings set forth hereunder.
D. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The City Council, in approving the Application
hereby finds, determines and declares that:
Development Plan, Development Code Section 17.05.010.E
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The use is permitted in the Community Commercial zoning designation
upon the approval of a Conditional Use Permit. The project has also been evaluated to
ensure compliance with other requirements of the General Plan for Temecula and with
all applicable requirements of State law and other Ordinances of the City including the
recently adopted Urgency Ordinance governing the Uptown Jefferson Specific Plan
Area.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare.
The project has been reviewed and conditioned to maintain compliance with the
Development, Fire, and Building Codes. These codes contain provisions that ensure for
the public health, safety, and general welfare. No adverse impacts are anticipated.
Section 3. Environmental Findings. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Development Plan Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32, In -Fill Development Projects);
The project is within City limits on a site smaller than 5 acres and has been found
to be consistent with the General Plan and all applicable Zoning regulations. The
project site is a former gas station on a project site surrounded by commercial
development. Utilities are available for the use. The site has no value as habitat
for endangered, rare, or threatened species. The use is allowed in the governing
zoning district upon approval of a Conditional Use Permit and will not result in
any significant effects relating to traffic, noise, air quality, or water quality.
Section 4. Conditions. The City Council of the City of Temecula recommends
approval of Planning Application No. PA15-0520, a Development Plan to allow for the
construction of an approximately 4,285 square footage car wash generally located on
the northwest corner of Jefferson Avenue and Del Rio Road at 28111 Jefferson Avenue,
subject to the Conditions of Approval set forth on Exhibit A of the Planning Commission
staff report.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2016.
Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 26th day of January, 2016, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA15-0521, A CONDITIONAL USE PERMIT TO
ALLOW FOR THE OPERATION OF AN APPROXIMATELY
4,285 SQUARE FOOT CAR WASH GENERALLY
LOCATED ON THE NORTHWEST CORNER OF
JEFFERSON AVENUE AND DEL RIO ROAD AT 28111
JEFFERSON AVENUE, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-
006)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 18, 2015, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter. At the
conclusion of the Planning Commission hearing and after due consideration of the
testimony, the Planning Commission adopted Resolution 15-32 recommending that the
City Council approve Planning Application PA15-0521.
B. The City Council, at a regular meeting, considered the Application and
environmental review on January 26, 2016, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
C. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council approved Planning Application No. PA15-0521 subject
to and based upon the findings set forth hereunder.
D. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The City Council, in approving the Application
hereby finds, determines and declares that:
Conditional Use Permit, Development Code Section 17.04.010.E
A. The proposed conditional use is consistent with the general plan and the
development code.
The proposed use is permitted by the General Plan and Development Code upon
approval of a Conditional Use Permit.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures.
The proposed use will be surrounded by Community Commercial, Service
Commercial, and Highway Tourist uses. Therefore, the use is compatible with the
nature, condition and development of adjacent uses, buildings and structures and
the proposed conditional use will not adversely affect the adjacent uses,
buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this development code and
required by the Planning Commission and Council in order to integrate the use with
other uses in the neighborhood.
The site has been reviewed and determined to be adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer
areas, landscaping, and other development features prescribed in the
Development Code and required by the Planning Commission and City Council
in order to integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community.
The conditional use has been reviewed in order to ensure compliance with all
requirements of the Development, Building, and Fire Codes. These codes
contain provisions designed to ensure the health, safety, and general welfare of
the community. No negative impacts are anticipated.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the City Council.
The decision to conditionally approve the applications will be based on
substantial evidence in view of the record as a whole before the City Council.
Section 3. Environmental Findings. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32, In -Fill Development Projects);
The project is within city limits on a site smaller than 5 acres and has been found
to be consistent with the General Plan and all applicable Zoning regulations. The
project site is a former gas station on a project site surrounded by commercial
development. Utilities are available for the use. The site has no value as habitat
for endangered, rare, or threatened species. The use is allowed in the governing
zoning district upon approval of a Conditional Use Permit and will not result in
any significant effects relating to traffic, noise, air quality, or water quality.
Section 4. Conditions. The City Council of the City of Temecula approves
Planning Application No. PA15-0521, a Conditional Use Permit to allow for the
operation of an approximately 4,285 square footage car wash generally located on the
northwest corner of Jefferson Avenue and Del Rio Road at 28111 Jefferson Avenue,
subject to the Conditions of Approval set forth on Exhibit A of the Planning Commission
staff report.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2016.
Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 26th day of January, 2016, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: November 18, 2015
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Director of Community Development
PREPARED BY: Eric Jones, Case Planner
PROJECT Planning Application Number PA15-0520 & PA15-0521, a
SUMMARY: Development Plan and Conditional Use Permit to allow for the
construction and operation of a 4,285 square foot car wash
generally located on the northwest corner of Jefferson Avenue and
Del Rio Road at 28111 Jefferson Avenue
RECOMMENDATION: Adopt a Resolution recommending City Council approval of the
project subject to Conditions of Approval
CEQA: Categorically Exempt
Section 15332, Class 32, In -Fill Development Projects
PROJECT DATA SUMMARY
Name of Applicant: Lisa Kolieb of Gresham Savage on behalf of Wayne Knyal
General Plan
Designation:
Community Commercial (CC)
Zoning Designation: Community Commercial (CC)
Existing Conditions/
Land Use:
Lot Area:
Site: Vacant Land / Community Commercial (CC)
North: Existing Commercial Uses / Community Commercial (CC)
South: Intersection of Del Rio Road and Jefferson Avenue, Existing Service
Commercial Uses / Service Commercial (SC)
East: Jefferson Avenue, Existing Highway Tourist Uses / Highway Tourist
(HT)
West: Del Rio Road, Existing Service Commercial Uses / Service
Commercial (SC)
Existing/Proposed Min/Max Allowable or Required
1.69 Acres Proposed 0.69 Acres Minimum
R:\CITY COUNCIL REPORTS\2016\011216\PA15-0520 PA15-0521 (ej)\PC 111815 Staff Report\STAFF REPORT.docxl
Total Floor Area/Ratio: 0.06 Proposed 0.30 Maximum
Landscape Area/Coverage: 23% Proposed 20% Minimum
Parking Required/Provided: 19 Provided 10 Required
BACKGROUND SUMMARY
On April 18, 2015, Wayne Knyal, through his representative Lisa Kolieb of Gersham Savage,
submitted Planning Application Nos. PA15-0520 and PA15-0521. The applications consisted of
a Development Plan and a Conditional Use Permit to allow for the construction and operation of
a 4,285 square foot express car wash on the northwest corner of Jefferson Avenue and Del Rio
Road. This express car wash is unique in the sense that vehicles will still move through the
facility on a track but vacuuming is performed in self-service stations.
The project is located within the Uptown Jefferson Specific Plan Area. On June 9, 2015 the City
Council passed an Urgency Ordinance to temporarily prohibit certain uses and construction in
the proposed Uptown Jefferson Specific Plan area until approval of the Specific Plan. Several
exemptions to the prohibition were included in the ordinance. One exemption indicated that
projects submitted and deemed complete on or before April 28, 2015 could continue through the
process provided they were ultimately reviewed by the City Council. The applications for this
project were submitted before this date and the project will ultimately be reviewed by the City
Council at a public hearing.
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
Site Plan
The car wash consists of a one-story 4,285 square foot structure. The structure is located
adjacent to the intersection of Jefferson Avenue and Del Rio Road. The site plan depicts an
area adjacent to this intersection for a monument sign. The purpose of this sign is to announce
the site and surrounding area as being part of the Uptown Jefferson Specific Plan. The City is
still determining the design of the monument sign and it will be reviewed under a separate
permit once the design phase is complete. A Condition of Approval (No. 50) has been added to
ensure this occurs.
Two vehicular ingress and egress locations have been provided. The first is located off
Jefferson Avenue and the second is located off Del Rio Road. These entrances will lead
vehicles to a screened queuing area along Del Rio Road and the covered parking spaces that
feature vacuum stations. These parking stalls are located internal to the site. Decorative paving
is included at each vehicular entrance.
The car wash is based on a self-service model with no individual wash bays. Staff calculated
parking requirements based on the 2.5 spaces per wash bay requirement in the Development
Code and applied it to the number of cars that can be washed at any one time. The car wash
R:\CITY COUNCIL REPORTS\2016\011216\PA15-0520 PA15-0521 (ej)\PC 111815 Staff Report\STAFF REPORT.docx2
can accept up to four cars at once. Therefore the number of required parking spaces is ten. The
applicant has provided nineteen spaces. The covered parking spaces will feature solar arrays.
Architecture
The project will feature architecture in the Spanish Colonial Revival style. Elements indicative of
this style include, but are not limited to:
• Roof spires
• Arched openings with trim
• Tile roofing
• Wall sconces
• Overhangs with molded details
Each of these elements can be found on the proposed structure. A dome will cover the main
entrance into the car wash. This dome will be capped with a tile mosaic.
The project will also feature windows along Jefferson Avenue. The purpose of these windows is
to allow natural light to enter into the facility. The applicant has indicated that these windows will
be comprised of acid etched glass. The etched glass will allow light into the wash tunnel while
ensuring no public view of the car wash equipment.
Landscaping
The project will feature a variety of plant materials to soften the visual impacts of the structure
and covered parking stalls. There will be approximately twenty-two feet of landscaping between
the structure and Jefferson Avenue and approximately eighteen feet of landscaping between
shade structure in the queuing area and Del Rio Road. Trees in 36" and 24" box sizes will be
included in these areas as well as other parts of the project site. Plants used for the project
include, but are not limited to:
• Fruitless Olive Trees
• Red Crepe Myrtle
• Red Kangaroo Paws
• Red Trumpet Vine
Conditional Use Permit
The applicant was required to file a Conditional Use Permit for the project. This permit will
govern the operational aspects of the project. Standard hours of operation for the project will be
from 7:00 a.m. until 9:00 p.m. seven days a week. Washes will be completed in three minutes or
less. The facility will be supervised by three employees per shift. These employees will include a
manager or assistant manager and two customer service attendants.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U -T San Diego on November 6, 2015 and
mailed to the property owners within the required 600 -foot radius.
R:\CITY COUNCIL REPORTS\2016\011216\PA15-0520 PA15-0521 (ej)\PC 111815 Staff Report\STAFF REPORT.docx3
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental review (Section 15332, Class 32,
In -Fill Development Projects.
The project is within City limits on a site smaller than 5 acres and has been found to be
consistent with the General Plan and all applicable Zoning regulations. The project site is a
former gas station on a project site surrounded by commercial development. Utilities are
available for the use. The site has no value as habitat for endangered, rare, or threatened
species. The use is allowed in the governing zoning district upon approval of a Conditional Use
Permit and will not result in any significant effects relating to traffic, noise, air quality, or water
quality.
FINDINGS
Development Plan (Section 17.05.010.E)
1. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of State law and other Ordinances of the City.
The use is permitted in the Community Commercial zoning designation upon the
approval of a Conditional Use Permit. The project has also been evaluated to ensure
compliance with other requirements of the General Plan for Temecula and with all
applicable requirements of State law and other Ordinances of the City including the
recently adopted Urgency Ordinance governing the Uptown Jefferson Specific Plan
Area.
2. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The project has been reviewed and conditioned to maintain compliance with the
Development, Fire, and Building Codes. These codes contain provisions that ensure for
the public health, safety, and general welfare. No adverse impacts are anticipated.
Conditional Use Permit (Section 17.04.010.E)
1. The proposed conditional use is consistent with the General Plan and the Development
Code.
The proposed use is permitted by the General Plan and Development Code upon
approval of a Conditional Use Permit.
2. The proposed conditional use is compatible with the nature, condition and development
of adjacent uses, buildings and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings or structures.
R:\CITY COUNCIL REPORTS\2016\011216\PA15-0520 PA15-0521 (ej)\PC 111815 Staff Report\STAFF REPORT.docx4
The proposed use will be surrounded by Community Commercial, Service Commercial,
and Highway Tourist uses. Therefore, the use is compatible with the nature, condition
and development of adjacent uses, buildings and structures and the proposed
conditional use will not adversely affect the adjacent uses, buildings or structures.
3. The site for a proposed conditional use is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and
other development features prescribed in this development code and required by the
Planning Commission or Council in order to integrate the use with other uses in the
neighborhood.
The site has been reviewed and determined to be adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission and City Council in order to integrate the use with
other uses in the neighborhood.
4. The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community.
The conditional use has been reviewed in order to ensure compliance with all
requirements of the Development, Building, and Fire Codes. These codes contain
provisions designed to ensure the health, safety, and general welfare of the community.
No negative impacts are anticipated.
5. That the decision to approve, conditionally approve, or deny the application for a
Conditional Use Permit be based on substantial evidence in view of the record as a
whole before the City Council.
The decision to conditionally approve the applications will be based on substantial
evidence in view of the record as a whole before the City Council.
ATTACHMENTS
Vicinity Map
Plan Reductions
Development Plan Resolution
Exhibit A - Draft Conditions of Approval
Conditional Use Permit Resolution
Exhibit A — Draft Conditions of Approval
Statement of Operations
Notice of Public Hearing
R:\CITY COUNCIL REPORTS\2016\011216\PA15-0520 PA15-0521 (ej)\PC 111815 Staff Report\STAFF REPORT.docx5
VICINITY MAP
Project Site
\fr
\\Ike
F A‘k
INGL- °
_-- 200 400
0 800
Fot
PLAN REDUCTIONS
{'I'°"J
yr
mix
SECTION A -A
SECTION B -B
SOME 3n4..1.-0.
SITE DATA
ADDRESS 20111 JEFFERSON AVE
TEDECULA CA •2500
PT t.100111.
.11wNn 11121A1�irn*w.'r.
00.T.YRTCWITe 64.61,p61,61.02
1,6S620.6012.ft 1,61E
trr%
TADALIMANATD. EILIDIATTO AREA A/123 SH 1 114
TOTAL SAE AREA /NM .3.0ADS.f.°x
.N 0106
e..n•...m.•e.
E .I.ewe swaiwrAilKVA
IMMO2.r. cOnAMUNI,COMMEAC."L CCS
71414. ...Ma ti
ALL a, A sLusyscs
Sr INCLUDED IN ImPERVIOUS AR.,
GAS:SOUTHERN CALIFORNIA GAS COMPANY
SEWER: EASTERN MUNICIPAL WATER DSTRICT
ELECTRIC:SOUTHERN CALIFORNIA EDaDN
11.1.6
E+n.oDec+•.
ANNEXATION DATE JUL 12 2002
1.A.,11.1.1210 SANTA w.11..nArruue�E
661260a6e1,1 1 n,aow.aw. u•Ma
cMM.n +nra, .160111 0 . ..•fn..ru.w.r.a'rpueu•
MCI n ow) 6<c.S'.a
LEGAL DESCRIPTION
1,400 Mr..issior•
+ � nss..dnl.nn110.RQIEWG,:4CA11915
.*v.,R I>teW "Ca.,a•M.OnOIY. u.I1uMl
ARCHITECTUAL SITE PLAN
SCALE 1 22
SECTION C -C
SOMI 3/4.4-e
JEFFERSON AVENUE
I=ti-
ENLARGED VICINITY MAP
VICINITY MAP
;#00111 SITE
•
.ATC eCHE
rt..ar ba4-14.* 011 r .11Cn troaduo. edit.
'rm., cum EI Alypremt 5•1"1
W.{y 0 111 n ..e .6.1C, R.F..
WC! 0, MG ORTSCPOU 0. MC caw.
PROJECT OWNER / APPLICANT
'21'2AA'1111=-NTE.F‘FE.012 AUTO SPA
11660 BELLA.° ROAD
LOS ANGELES CA 2000
ARCHITECT / APPLICANTS REP.
1AURRIDA CA PM. SAURRIETA CA •Saas A'
PHONE.
1.,"
FAX
RNE.10OPONN0,
0601
PROJECT TEAM
EMPIRE C DEIGN GROUP INC
AV KO FAX: 1•511 69.449
CELL PHONE: psp 00-7001
CO AC • GREGORY N
...c..vc.n»a
PITONE IP,P1-fa 00 1.4W
FAX IMO) Al2-01,3
E-MAIL LurlsssanOnonpr corn
CONTACT: KURT SAUON
LAI NH 'S PE nRCUHrtE
LANDSCAPE ARCHFTECT
PPONToo "���N�Fo o r
DRAWING INDEX
AS 1 DYE PLATA INDEX
AS I I SITE PLAN COLOR LANDSCAPE REFERENCE
SP 1 ME PHOTOMETRIC PLAN
PREL.INART PLANTING
LAN
L'..fwe.r•.urc nwPWE PRECISE GRADING PLAN
SHT HYDROLOGY MAP
.oa.IrlT
E P1 R
DESIGN
GROUP...
II
WAYNE
"BUZ"
KNYAL
a
9))• W
D
Z
Lu
' < N
Q Q O'o
• Z
j0L..)
LLI w
• DJ ID
Z—w
O N F—
,11.. ••.•110.1 a.r
fint
..•.+...n4mw$.
Ar
ARCHITECTURAL
SITE PLAN
AS 11
1-c
6f
Y-+ f•Y 1-Y 4->r YS
-O rd' 1.
Wm 11
SLOE
IM Ra IF TV
r
*IAA, - +r
aI4
1
C I'
A AUTOSPA ENTRY FLOOR PLAN
x311 V1• - I' -D
4
Fr.'
44,0
tMry R.•ss 143.14
d
r
CARWASH BAY
FLOORINO
SWDm MOW RM1ID .391
Wain
DFYOM OM. UM NCE) AM3131!M03
0
MAI
O'.'JLA14 00 Lin R.0 aa6.9aaFC MKS
0 C.M1
EQUIPMENT ROOM
m1•R
Al FPnfD .Y9.
49.0
fIP .EP 5/14 0.rq'D
09412
5/11. OEM DOM
(DAUTOSPA END FLOOR PLAN
sulE: V1' • +'-D'
KEYED NOTES:
tij P OMM610 MU. MAW 131931M -FM OF 1
4 WAMMO 01.3. SSS -.r 0490-73 MA.. ,a INC
OM. sA OW= IL.. NAG. art[
ORM. ORR . DD._ PL I A.= R& O.
!h 0.00 Ara[ 3130(4 14000-er 0Du6-312 Irr.
V 9511
-10 RE MOUSED 1. 0P- SEE °ETAS d
Qm sOlm .ENL DODR- 3(4 DE.R3 oN sal w 3D SM.
aN SEETa zOtx0
S.MMr ME.TMp • .91030- M CRHm n. C.:
•(1333.
rtQ .Tl• 3.
. NM• 3v LEW., a (*00 MI CIE
01. cur MR .Em1 . Ma .D.Gm..
{per»; r,LME03 ®10 RCM M
,,yM.
1.q R 6• Doi SEE MOmn*ML SITE RIM AS 1
06D,... Lanasum w(m3304.aI,
EY MMD( AM
0 F. 3131.10+ Casa 11300 1 113 .n.
GENERAL NOTES:
1 0011641131 ID MSI SI.E THAT ML Mous ME ID HAMA
1 H...A.Hana
• FMIMA30I eo M MAmmoJme t tome M
F105 -STORE S -.E
x COEA= TO H8 DUE EOM/ SPERM..
ROA[.
EPA 301. DM=C-3.13
1 CAIMACIDR TO M EE N.OAE MNM191. R0O.
=AC. 1018 O1.05M.1S. MOE. 0 Eur OS
QALY PA.
x 0.160m
� M.5FIER F. C1• 1.M Irk H. ORODIEE c suos a
▪ RALE OF MO.. ON 01113.3 MU. 6 SW AS OUISM OLE
OF F0LREADO 1 HALL
1. REM To MR MM ow.. 51574LATOR Awn AND
30.43.041 MTV DMA...: TM rumen .019VMM
▪ MT USED
0.0ID M M MCI 11 1'3' Amb FR.
RIDOREvD .49 i LEVEL OR 01.16 PER CAC SEC x)&11.1.
IO GE M AL O MIR TO COWRY Muni. /£01.N11.H0
. / 70 . ORM TO .6MAM.M OF U1WM5, .MLAND
S
11 ALL ON 0006 TO ff 55.1. .OIN
it DELMERT
M MOO CONTRACTOR
AND ssm . As= DE ODA DOORMAN MR OMER
140149 OE,MOIT SOMME AM 0.1.304949.0
.1- ALL DDO•. 361 Mad A 0.33 14004 DIA JO403 140
0101 FIG. >Q 091 TO S 11..1 5E 1311311. GOR.
MT FE 495E 'DYE 3 PM 3300! t
UTE. DOM 19 31E 11153.23
A. ALL Ea1EROR DOOM MAT MME NO .14E HMW 5 M
OP..F 30£31 ALL .R01 0006 MST MME 10 YORE
• 16 DP0014 FORCE
11D DRAM. OF A1. DOOR OR 143 31.ILL MOT RED.
MOM ME MOW.
1aAlaCARTIC 9. -OFT OF MDT A..tt1n:4
D.PI FOR RECUR. A. FIE MOTECIpyMIL M RIMED
0UEM 11011-66.6 MOS OF 014961
D.310 ROM 99.9L CIMMITC WRQ n ilaa
AILAMO R.
CN ..,. n M:. ARIR.TO A R ITS T
(
ONO 4 .0.0. 3aµ1 c 000AT Onen¢T.
CONDOM. iT.VA.Es ADon O MON. MIA ,
WOO *3 PART 01
O 30606 10031 S Or. CONTROLS
I
SHALL FE RACED MO Al MAST OW OF MIIE.0I WSPEWED Rd 3E41.6 1110. 11101.5. OEM.EB
1101.01.0 LOS DAN 15 M. MI W)RIME M
F100R. DEMO. TO M 61110. OF M RECEPTKLC SEL
OPERATOR CWO.LS A. OPERATION 11ECxu616 SIAL FE
MORSE MTH OM M. A9.Pl... Oa M . O
aG. r M RIMT. M Form
!SOUND 10 AGNATE 4.10LS .HALL a 491 WAIER 1WN
POMO03xN)MMICE
FLOOR FINISH LEGEND:
RooN,w
sR:01w .-,A,A1 1331.30 .�,.
WALL LEGEND:
EM P1R
DESIGN
GROUP,.,
Inn 1...I. ...
IiHM�iM
WAYNE
"BUZ"
KNYAL
%SiMMH.A M
I M1...9OHNIL
OMEN. CA NM
M-1490
099-900-7901
14119
a•r000 QM* IMM.
.R 14949!
urnsIMM„
499.
tiaw rNMw rrP
[MPIRC
D[SIGN
GROUP
aw
WAYNE
KNYAL
ook
�efApa
't -woowoomeo,
oKONFoom ma.n hh
9a.YLY VW/W.
swam rw moos 15oow-doft
cow %WINN
L rAUL.amAs LOOM
TOLD. OFBNIFY.Lopot0W LEG
MINIM TW LEGEND'
ALWADOL 1.90:
FWD Ta`. ,WO (PORTLAND
CPFEMLGSLOy
O fl LWO6. NADOa.a
COUPworn ru mowo
GOA. =EYE
Om nm 'Limo
*NO= IKILIONNAcr
EAGLE ROOF WY TILE 0/ 33P
FELT CAPISiI NST 93636 Pl./END
TERRACOTTA, MAROON, BROWi
eEDRGSWJS TILE VENEER
EXTERIOR
ELEVATION
A-2.0
t t•
o
tlui�vIu'un:nrynnG:
REE SITE PON
•
.•,1334 Ei ILRIOR i,jt ME.L'+.
LI1
LEFI)E?1IE ICJ TIT:V .!ION
IAE.uC'kf ESfl:i I lTl.f't LTIc'ti
aCAT
\ !ION
6'Gn.� .'•:TEklt Ni CETT 1: u3N
i11iLL%'.Vlli!N
VINE SCREEN NP,
1.1 RGOI nEynnoN
some, w•rue°krass•Nrtrn.
SMOOTH TROWEL - STUCCO (PORTLAND
EMENT
VER MET PL LkTH PROVIDE
CNTROL JOINTS AS SRO. ICI xwmeC. Tu°wrvltEcerv°
OMR. SPECIFY NOM 72/117
NFL,TairunsfR+1`.M5rsfEV-
CO(PORTON°
CEMENT STER)
,3VER ROVIDE
°taROsp[curN (BP GARR PEARL,
ICI RAO -W. -DESERT vuumT
rmAA. TIAZERTO RE PRINTED
THE METAL PONT
SCREENS
COLOR SPECIFY NNOTR SRPOSS
ICI Nrocllunrv0 E.
—
'
iiii
L IIWO, CLAY TILE 0/ MN
r{ Ns. MYO mows
BRICK S .
COLORN.EVERT' ECRU `
i 1LNM,,1 }\'1R1)p}/L .OL.\111.\ '.1LUN
DESIGN
G Ia o u ITR.
UPTOWN TEMECULA AUTO SPA
WAYNE
..uz..
KNYAL
O
C OI • 8 v
Y V O
V-1
.
9- 1
h .6) N
Y OI
0"3
N
E—
ELEVATIONS
A-2.1
N 10 N L IEN 1 ELIA ATION
. .
A
- *no Tenuem- 0
- -
NIONUMEN ELIA A I ION
R1ILi0 111A 11IN
Ak
I I. R10N11 MC/Sit T ELENA MIN
(FRONTI MU M EN I ELIA \ FION
FSMAKIV,1.11.1.1.NI
%WNlN0lNItO
RAU
MK= fv.PUEDFmrsa SYSTEM -
:31110 OTH TROWEL
PNIF,J.E
.IENT PV.STER)
I 3VER METAL LATH PROVIDE
P:ONTROL JOINTS AS SHOWN
OOLOR,SPECIP,ISTY 72/117
KAMM] k[OL
,IRECT APPLIED FNISH SYSTEM-
.-INSOOTH TROWEL
PART 7/0r srucco Rottman°
PLASTEN
OVER METAL LATH PROVIDE
,ONTROL JOINTS AS SHOWN
COLOR: SPECIFY NOM 37221
Frzrrr,71.kin Tan-
1,RICA.VII•MI 1.0.ILD
WELI. PS THE METAL PLANT
WARM
',ALCM: SPECIFY BeIrlR SO/DSO
IC1449719. -1.10CHACCIND-
ACM
ser4e•
I EL AN VIEW GATFIV NIONLIMEN1
fl
SALE NASA*, ME 0/ 30#
IATCANISKAL
AUSAUSANT 11.141
natucercr, MC.* WA.
AAR
BEDROSIANS TILES,
BRICK PATERN
suLlys Au? -Ayr =Ai-
JrLAN UW -Rel EV. AY Mt F.S. M EN I
A
WEL NILS
17.47 - . -
EMPIRE
DESIGN
GROUP.,
3
ZALBIlWehlr.an Av.
WAYNE
"Buz"
KNYAL
!ft. as
—.AAV
• nit:W.W.I.
. .
3.1.1.1w
sAmtit,-1. '
OR
ELEVATIONS
A-2.2
svwockSR(1HMl9
4
•
•
--a-os +
•
e
tor SOWN
1400ac4t NWC
AO&f.6
COMMON NAME
i set 1 NUMBER
1' REMARKS
WATER .666.
44 L 5N'
- f'
6.1501tatat4I ',tatA.
13514
la' Spa
11
XNAL 0141 /44 344 6, KY' , L0MM 4 4 04,
".
1,7fis41+td4a1
4404
I KO 05557
1� C,1�
1px
1.4
. d55:5•ip45440 15+}11 4-10" . "Mtn 1'-4° Mn
L 'C'
f. •54 1EUM., 0.6006000'
9496. C 9000'
14 710
: 1014:0+ 646696 TRIO{
.-
+t
. ow!¢ r�rc +KrMr s- IC . ao0 4 . 044 u
.ANI Fu
+I:mu.11wis 11.150.41pvs ,1551^,1551^ RED •
: I6561465614wLr..vew 6.1,51
195
-L
.
E6at r 14445- m 'A''.a.--
ac
145 4AR
w1216740609 043414755
0E0 YUCCA
C 641
65
9251 a Y.Sw 0 r CA _
[ t
00 PAR
4401 4144,30.41
519(9477 556.55 •54
1 GAL
501
" TVA. 3..50....5.1 1. 94
L
BUc
.445405 0. 41l 1
AD 1Ry10(1' 46,4
5 GAL
4.
41
°941001 7e '�ICu.4 k 041:5
PLka. k d..IM • 5 SC
'0
i
1. 04 T -.Y
oo,a w 1113 •f 93 5
14504 71111 7.-91.:. FL.
5 CAL
_WY.4S
r . s 'a.0'
015574
447770+3 305 RVA,
1 GAL.
593
! d'.0.0 .14104 AW TS'
1.
Y
144410101* 5'4474116 •Oita a4w91.
SW.WEF IM9.010
5 -
:4545 L .yM 0.]' nE
L
4'W+. 404...=
IW aa/U
: %M./5L+5,551._
0 CALL
4.
; kVA a 0691141 0 54 a 6
,5.
594.406
90034
N6a] 0644311
0 4�i4 080001
000 5456
GAL
TO
° ALL 1 WS.' * 11 CS.
L
4475 4447* 0000 MULCH
1 MOD u15.u1
s MAX -1 AS Nov
9 i[Il - mutt m 474 41 51'Iq *NM 9961 160745.445
911E CALCULATIONS
ENURE 512E AREA
1 W4CIE5K 55
.7W 441.76&111519
15757105C _KA w 300
42800 50 R
10.483 50
10,403 50 R
2,952 50 57
24X. OF 517E
1
PLANTING RF0111RFMFN75, TOTA1 ii�C'
55- KA 1.13 16 35
2, BOX TREES 29 64
15SM. m455 0
67444. 165.15 45 1.°
PLAITING LE-GEND
JEFFERSON AVENUE
.1 col .-4.. M..2,a1...}...4 tiw°„+I,Ar,�w.,o. M+,a.,r. ,44c1.+... 1. +>«,a wa5-, .r..4 -
NOTES
COY rEEMArlienirP CMCLETYTZATNCE I7
2 a NSERWAON ORDINANCE NO SPRAY IRRAAMON ON SS mrERE ArtWIN ALL S USED
1CAA
4 ALL 4741la3 SN4LL RE SCREENED r PUN.. IA,
5 M"4C _rl441++_ ors, WPM..
s DEPULEDR MAorc Awr
aim.. lor
srAZAZ XADRAMS 1 nor xvaxruENrASARIN<LER
GRAPHIC SCALE
66
5261566
COLOR CONCEPT PLAN
APN 921-060-006 PA 15-1527 PA 15-0521
drown: V U.
checked: V 9.
date: 3-10-1
SHEET
L-1
of 1 sheets
JOB NO,
15-101
SITE CALCU_Ai101'6
ENTRE NE AREA
1191115G19544110•1 NITA
MAL 1191117171 4141,
WYIW:a1.1Y114 COS
43.400 50 IT.
10.453 SO {T
10,073 S0 R.
2032 50 R.
240 Or 591E
PIANMNG NEMIIRPMENTC. 3(100 4400110
31' BOX TREES 16 35
21. BOX TREES 29 14
1S GAL TREES 0 0
TOTAL 10E5 45 100
PLANING 1 EGBD
JEFFERSON AVENUE
011990.
ABBRE\M110N 1 60191,0l1 WIE!woof ....we 1 >9;S 1 M9aEw 1440009 !MUM 11.91
31
TREES:
110 14.111:
ILEA 11n5911 't 981 011
19016155 E176
5D' 905
14
MALI VASE /45191 6-22 . 3(31944 3-9• 996
L
O,
6
Qo
m
--7,--
OA
0
CN
p
O
NOT 5H9711
TAD 0. T•
y K u�'- 0rasa,
Ka CV1S 961R11t
91- KB
7
490%-11.x45/ x94699 4177 . SEDEFSD 1"-e MIN
E
1466 A. 'GT
99,791791,011•1;611'799997099
4073014 MAC PIS
]x' 101
_ 1T
DAM/'661x6 /KO. 6-40' . 976+4 1-+' 05
M
541gI@ _
-
All. TLA
000994M40 /1141066 1111.4(• 1E9
MD 901912133 PAWS
1 GL
191
GULL 96 ENdT 9 5 990
L
90. 1.5
1.691141.06. INuran.09
RED r1CG
5 GL
_ 14
FULL R BUSFY 0 0' 00
OVO x110
116000004 54.9M011.4
090016116 O90107197
1 Cµ.
501
EWA 91 we.1r.1: • 9" 00.
L
00 TUC
059905 019.11019.0
90 16.41541 w@
S 473.
0
217104 10 77019.9 O 1515
11
6410 T. '.P'
PHORMIUu TERN%'PURPUREUM•
903 0004410 0.tl1t MMU
5 GL
47
MA 4 11.199 • 5 OL
L
JUN. PAT.
JUNCUS PATENS
CAROM PAY Ayr
1 CAL
133
5' 0.0. 15 BASIN MEAS TSP,
4
LOC 1 '0.0.
LAPNIIINAL 959999¢ GM QUASY
SPMIOI LAVENDER
5 GL
93
FULL 4 BUSHY 0 3' 0.4
597. 1110.
91,169w111.1JJM 97ACOSAII
5 CAL
Id
NLL 41.O6r 1 91 CTL
>-L OE
144406 90091
NED .141E
5 GL
74
4110.1 .9911(91' 0C
L
9111491
•1911.14.714 P99r. 11711111992 ...10e 90197 1(1,041 r aaL 96 91470. 1 r tR - 95041. 10 AIL PL91115 ARM GOLFE MODALS
.14n 16.1.9 t REPlasprIn+9x0A0604Mms.a61x.9wr.119a1w .
WITIM
11 YL FLANaWHANMWFESS D.0 COW1Tw A
IAF 07r u 11, FFROOCT OODNUCE 17.9.2
T.ETIEW STIR 9E WADED RST
ORSE PER or 0.9 OF IEELLAS RIES
CONSFRATIOS ONASURE 311 wow 01. 9uLL 6E USED.
FTS WIRE FORMS DRU. AVr WR%ERE MTM cowry
L755 OW 715.07c sir ars
4 ALL USW. 9911 E DIR¢KO 0/ P110105 DP.
5 10101 r15 We 01190 492"012.
X1117,1/1"..‘a
9599059 M�A57644 04 Am
rid
�O rAW ,0117. ES T=
i STNARAY YWE CMON Me mows 6 ERE POWTENr SPERMS,
GRAPHIC SCALE
I ROI. 20 R.
PRELIMINARY PLANTING PLAN
A@!. PA 15-154 PA 15-004
REVISED
drawn: v.0.
checked: U.D.
date: 3-10-15 9
SHEET11-.11
L-1
of 1 sheets
JOB NO.
15-101
GRADING NOTES
0010 TMMC MIT PE EMS M E IRM 01 Al RMS FM EWE
Kumar MAI SLIM OE SEED 111 ESL 00 NW PEE CE/6E
0447E 111 ICOUSP44 OEM P10 004* 0120. //4460706 0014411
MEMO SEM MO 680801 Br N SWIM Cr MC WS
I. UWE. Al WF10.0 NA 0GC MAS 117041 011.1
LEO 01eMP MOM 4 4*a1*1t
1 COWS ) SM4 R N
ACCCOLAW 144 [174478 10 M INC 07. M 010.1 4401110 00 B
MAIM MO 00*0.m1 N1na, W MVO/ 4410001 MC IAm
14Oa O N CAME M ti0 COI mum 4 AG E AMIMSL 16
9HR 3484 40106[4 m060. 1000 7114 OEM ..r... WSW
SWAM M2.00801 OAOW MMO M010141 PCS11
Z 001 4001100115. A MNMM NIR !WL E MMC MEI 10
011.10.1 M PM 00 M OE SIE
1 11440105 MC 600 AME 6 00 v K P1MC 1PL001MSLICM
E 41 (11 s. W 11 IEEI 11 AIM N AYWO M - 20
CCEIPMEMMEM NEW.
A SOLS IAL WWIEMWEIEW SEM 9801 E WE M 01481111E 110
4000416 M N 00.0*Y 4005 11116.101111 0480 100
&SI 91/1.E CCESE0 A PEI CF MIMRAIL
1 MI/104.
A NEO1 COM 810100 MULL E I1, LEM MEMA0010
N 011 WM& NO MEL WRY NM ME EOME2008 M N
SE EMf. 11 MMU 9480 OI EW LES NMI Mt SAW
WSM:Y OPT 10 ME
M ILL MAMA 91.41. IW E RAGE M 0®0 0000 III 1E WM
ME 0 001® M EI EMM 1011� MI. .AID 0440
SEMIS M4®1040 N100800EOM LI PIO6 MGa 116
M MEL 1E WW1 MT E AID MO ouxo NM OKI EMS
W IE EL Al MEM M SES1ID0Al EOM
L EMIT WOMAW600 •PACO--LERM AI1IASI O AMM
W EE 11M 0111 E EMS 10 MC m M A MEWS 0L
MMS. Mas 012.3310 M0081 M dT NO PSL 100 OW 1011
N 1100[014001.
0. NL 00 MAG E 00 000 0 9406661 or E 680000 Olt
00 us BMSA M moaI. 010 SINE MOI 00 EN OF
080 010001 9M1 ALL PAM OG E Mor M OWN MAW 0
ESU, RPM
L IMAM
A E APR IL POOE 001 0440 0010 10 Mer I0WM 1111
0200 EOM ORM ILIM AIM 01 PP MNL M104 SUM OE
144E FEET• MELEM 6 ISI EE 011011000 AM 10
MSCI LEW 11107ONY R. N 11110 SLOPES W OMNI 1*00
ME 6161101661 0 LL ARCM RAM
I. 00 G MIENS 001 !WL MIME A 11001000 AT ML I[1 E
0611(806 M ROM RAO 11 INTIM Ma MOIL SMALL E
AMM O
G IDIOMS CLAIM ME E TEDMM MS IMMO1 NAME
00201 4 ME 610 0061 40 MM. ELME E NROGRD M
MET 20 AM 066606 MIMS MG ET O1u4M 4416
R11M6 MM Gi CONIMMI AMi MUMS
0. ARMED MIMEO 1EAMS AM .MMMT DOME P1M0 EAT E
80 EOM MAIM PEOWES 01 N MMM POEC1.
E OWES EAMMOS LW1 E KEN OEM M IIL 0840[66 M 14066
O NLL51MS E RAM• 010140 MES 6(761610.
E N 0141 MM M 0011 WAG 11MAI ROMS OWL EA
CH M, MINI (MO.
L 0070 COMIC ILL 0017606 MICE 0EA0Y m40A. NN
Fm PEE M 00001 Of NIT L6ECm1/VI4C R MN. 6
ECU E NON SOL
L 601 61760 00FCTIM PPB M 1100 PERM MEM. OWL E
®W. W N NM KM WENN E AT (93) . -MEI 00144
01014
A T15 EI NO SOME C41CAEN (LE. 110/01 CELE) M ECUS A
514001 IAN N PO 61401761 COMES 110 N 'MOM OIIEM
RM ®MAIM LULL E M IME MM EIEM0 NO MC10 M
011/111 ETES
l 110 340 M PE O ICTOI 0760710 940. 1814- 10101rN/II5
MEI M NOW A 114001 RAT N 800 CORE 111
0040607016 6 N NEM. SLS 001.
I FML AMC. TOM M OWFNCE OM 10 M 0111 020106 100
CESELOTEM11101E
E Mr MEMO MOW PMS Wm /SMEs 0411 MAL 101 107 E
WQ 14 ARAM 1110E MEWL CIMOSI. 140. 1111 M A
860611100 SEM N MODMI1 MM N MESA WOOS LSE PEE
A MAL 449616 106 O6 RIA MEET N 6184 POOR SUN 801
MEMO MEW 5Y11D10 WO WNW I MMD. SSSS0 N UPS
14 OW MM..00 MOI MIR M 11E14 MI M WNW 1111100.
0 MEW A0 IMO CM11. 1101061
01.114. A
PRELIMINARY GRADING PLAN
"UPTOWN TEMECULA AUTO SPA"
28111 JEFFERSON AVENUE,
TEMECULA, CA 92590
PAVING NOTES
NM PALO MID AEN®10 110 M ML IUM MMM. MIMEO
P10 REM MMT -0F -MY E00a1S MELT R MT MT WM 00 00
GESSMIS )55 12 00144 SPOINIVIUM m 0000MIM0Mxo
SEG 00
L 1)0000. NL 00 w 017001 DMe 7040114COMM40/0 001001.
+MEMasYE001 (0(0}0 011/. CM ME DEFY A /E
MOW ' 10006 PG 080 MIS PESISAME01. 00GrOOL 1101,11 /9 =MEM Room RR MI OMR=
14104
4
113.1 6 614 0114* A 00 81314.011.1 mum 11111 04460
um NWE 0o` M &IIms PMa0o-� r. 10106
ARAM A SO OR s.MM 1 ELMS 401601044[.1 Met MT6
00
1 a91OM6il86440001111116111/11 E 06®M NEMA. ORM
SEWS I0 10270
4IME WMT. PE SNS MYM 0151 -MAGE M MAS0 K OW
MEMO M 1042140 (6003716. rum (M 110 L04 ME IBM
LIEF *20 M 6 EMI 4 NOUN -)1. N SMS EOMI IMO
0/080 N RE ON 0101*
1 100111 0 NE M 1/1101/114 NM MIMI MMRS 110N
OI'PM IMMID ROM TIPS 110111114/1 E RAW OW N MINI
0040 PAM PES40CI MEM E IMES M DE ON 42001 N GINE
ROAM MM1WLEUP1 AT LEAST BEE 0 ME ECW BY 1E
CRT GMM.
L M MIL M MORE 406810E A9MM6 0030 (MD 1044) SIM
APR) ET LES MAE R MY5 MU01 74007 M 11E MILT 9.0.10
Aq 161 EdeR11 M AGE 7 0.6 606 61 0 10 K ASINAT
M
MOM Sou
M SEMIS A.S AM M M N ME MTM AIIN
1. INA OW A IPS CMT LEL E MED DIEM PONES MO MIME
AIR COME (MACS A0 PAW 140640E GE COPE E IT IMS 0
00® IDI MME LIES ME 10a 000 460 E SM MINS AMC
BUMS Nova M4 SS -IM COMM MN MISS
L 0WG11M/I60E W 11 -MME WOW WOE AWL E OMa MY A
1111®160 LNEIS GS MO A 0421.1111WL E 11801 WEE.
M N OM MAT .MEMS 768061PP) MXA EEC10 AP 71(
ON DEE.
▪ NEC W0071
A M Wt1N1
411MMMNI.MA400 M[CMI414.4M K=NOM100
M-010611 M0 MAX COMM RM MRIs
9100E44 MON M LC 10NSS10Lp>M MOM CM
00OM.4T8401* L
E MMEBPOEMMM. CAM 06 COM SUE OEM 111
NAE M N 0400.400 ASRULI 600E 0020 N EWE N:
YET 61680E 441 IDG 0 A EOW
2 N
MON 1611005 GM MEL
1 44118 15 031 MO0tNWM
NIC 9020 6 A 117EM 45 PAW. WELMA1 WT E W.
IT NEWEQ MAS NE IOD 01NgMLENAI I0WCMOS
424004E OAT 6 M .IOM. U MOUS. MMIC 168015 AT
EPL GESS R N01RC01 C9®SEISE O WSMAID
IMAM FOES 10P2410I01MOE NOM NON04010MT MIMS N
EMS PG NI MEI P.131101 NAT WEE
1121020WW(4.AM1EY 10 MMMT 101000117M PPEAAM
=ME PANICLES 010 A 601 MACE 600EEM)N 001100
MR N BDSM O/O C91N6 !160120
L IAS MIME
WeMWIILAM Mu MUM M MOMS MN MEMO N6
IWI ON MOWS
L M MET 600144 CONN MAULS SIAL E MVO
ABLE SAN M. MOWED 001606MAS(010RIR
EOM 50-01100.-04 Of N MOM MOM NO IMM
AVM ROM 111.01 CE
CM0M0 MINT COOKIE IILRT 446 SILLS 1CORIUM AN
MOORE
11An mon E. mac 11AP4 RCM M PAW 14 P.M AN 710041.
E�14 10.001 4.1.1010 c0o00 rum 9441 0 1004* K ON
MEI 0 006704. N A.40001 2144:: *2.407101041 PM
Ens Ez5 u Or. NO 1106 IMM0O10
II SIMS 66120 SMUT 5401116 EOMs SEE M RMO NE MIAM
(1E. 114011E 1. M 001400 N NUL SIMMMS MOM
61060015 MNL E [MOM Or WSW EL INTI AFa004
WM 4456604044 EGG MS 9801 E E340100 MIMEO BY
N ON BO. 115 MMM AUL NEE 10 NONMOODT ET EMI MI
04092010004401(0144.111014414445100114MCA
SAM EMO LEY MI 11111 MILE COOTS N 0000 IAN
MEM ISI M W NO 9I141 E OR EDM A 4077[400 OW 11040401
N MERMO ID406 M 10456 AWL E 9MIT M MOM OT
N ON 011.01.
701
910
1644 OWNS
00
44.
IL COOICIR 10 A 4 WT M 17W MAIS L MO AC 877[04 103M6
A A SMS D60 01/1401016 MM. M 21 -MAL AO BAS
W®A MNL E. 1110 O SE ON EOOI 004066113I OEIAO
MEM -WE NO DS MMS SUMS MILE 0[600 M MIRE N
0S 000 NO REL MS MUM
11 PANG SMFCIOO.
• 97S GAY WIWI OE 16[[18 AT 1.1164440 WEEOE 0111 M
1. 0 0 1If Y.. MI 001D 610 COMM CB
M POO 44%006 WE.NEP* ME1401 6K06611101
Cr PUBLIC IM (1)1011 M PAM AT WE OPE COME. MO
(111 COM MCBEE CF
INENome 'dwit
SIion_M6E R M No 1491 MI NM=M
0000611t Oh MEN N14 OPAW
14. ULM W M8a0N0 FAMES MD LAMAS 916 E N KW P01 M
PAWIL
11 1SOMO M U111S M MIT 0000 9M. MINE ON AO
9600 SIMUSS NSM M ON 114060 0 4N'1BG/100MS
1PPSM ISG 1400110 MO/O M6 V 11®4044 CADS RM.
MO NEM M WM MI SILT N LEAVE P40671 EIA N OEM
O IW 1044 Wear N O. (usas 84 MC. 440 mom 1E1 SO
ORM. 11/1 EuuE MMES IMO 8*00 Ar 0104M OCON
06.6. A 10 COAL 9481 N WED MWIO 4MAN1611. NO
'WAGE SEEM M E 110 N WOWS -GEMS
Il PESO MM ME DE EMM A a COMES PAMET MIOE SAIL E E
&180117
IL COM 6. A 6016 SIL 011300 WWII 10 CMS&W41MMI
NCCOSIIS MN rnY 0 m0G SWIMS 1110110 &MONO M 110
IS NM EA WM EASES ME MMM EA 01 AMO MESS
0*805 UMN ELIE [CAM EIC SNIT E N ACM/MICE 1M N
MEE& SIEWEILUMN NSW 443446010GR NO COMM
MOMS RIM M OR RMMM O SO WINO KA IMO MANSE'.
IS M RAM M. N 4000 Cr EPWY. COMM LE, 1M Ros-o9m11M
040160`0MN0911110IID 111E R: SIM EN 6001161010044
A MEaHSEwRW0108EMUNT OEM 10S C. IPS M
MIE ON 00 M 10061 WWI" a 11DEA8661.11011806
MIM N M Mr MMM 40 0(00
3 706440 M MM N 6067:61 MNL: (A) P.M MING 111110
01 NO 100 1100-111.400117* GG IAM S®O6 NO SQ
8640 .1.NO1 KYR, )1446 0020104421071040050(t2041?06
Ma, al 114 0 1014.8040 11011.01 Cr, 11E.�76 SO +O , 44 A,*A.1
MN. WW COM) OM M90M7. (C) GLM N SR 011 0101 LOOS
PALMS NO 440041 GFM Mr ILL MEI RE BOE FEE MEM86
INES MIR I EIR PAM RIM W 00 RAM AO ®MERYL M1
NM ZZ Dote [066610 WEL MSC &PAGE IDES HE WN•. 1420
AD MM. NO 001000. 60 811
IIAE
PROJECT 1
SITE
IMI
20 I
1- ' 1
. IC PAMMI �r
1-
a1Mx
JOON JEFFERSON AVENUE .M run
M
CONSTRUCTION NOTES
OI W[MCI Y Area MW 11. us E 00
O crown MOM
OL MENU C SSW 8411811510-r PM
II OF MOM STA MEI SE
O coma 101 TN o-14160176
SOMA SA 01 OEAA
0 ONSMCT lr E OM OONO PCE MTM M OWa
O WWEL WSW NNW E00 MOL M WEIa
OPE1r 1101» 000AM nem F00RTA
O 9010
U MT Y MX 401SMCMIK 004E Ar
4C®1T13/44Q (14411 O.)
O 1rM1 MMC& GOES P4 EOLM WETa
®00001 .511 MIME F6 116060 RAL
®01 11.CI EE WOE. EMS FS 711
0.000AS10.00140.
MEW 11• M N IMC6I I ES CA101 SSE
Puss sob.. M 806161) O MIA* 9614.
® MINE EM 1M CM MME
®1616 It EX MEM OUSE WN01406
M 12601 NM MMIC MAIL GM 008480
016144160EE10012*0KACIA
9070
®WOE=111.SCP-MY0QIEPEI EYE
IN 9ETl
®
MINN S61M600 OTA M WET 4.
71 EM& WWI ESE007
®PNNL IM 2 010 0121 M 0011
II W1uP1LT AWMO 0 ON M [MLA
0141).• ) 000111 ON M AM110 SA MAS M 10
®1546 0.V' 84401 OM IML
17401020 EY:
emsengivereig
MI Am! R mn.01x00 LV.AdSNC 00
009 MY
1"'n MAIM
110 MA. IMM 00201*
N. Fes- 11/3/15
6. 14124
10/1
L 1< w
x i[ El PS 1r
_ I
Mua4L DEL RIO ROAD 1:00110
.
QUANTITIES
MO IP.
414 LF.
110 Lf.
7 v.
1 EA.
1 L1
I LS
1 L
A EL
118 SE.
SG
MU.
123 111
OU
140 SF.
1 L
O LF.
112
454 SF.
12
N LF.
LEGENDS 8 ASRREVATIONS
TOMTTLIE (0)
-_---- CMS LEE (44)
000 WIWI
M 01 0100
DEM WPM
RAE
� � -• - 8070 60
mmu4scurrorrowwwWSR 1111.
(4) WIG OAS LK
EWES ME LEE
lU SIM EMS E
((7 SSW MW LAC
1A1O.MIC
11-1107117170 MIME
W
EP
•
VICINITY MAP
OW NERSIDE V ELOPER/APPLICANT
BUZ KM
8A S ESE CMA WA31
115E0 KLUGE MAD
MM3 AWE= WPM. 11004E
NEE: (110) 16-4488
MA: MGYAIONG 1ALE01
SITE ADDRESS
91111 ENEMA MEWS 1140007, G SIO
LEGAL DESCRIPTION
LEGAL OE38PTEE P. OMR. 011E EWALT PEMI.IAT
REPORT 7101416211-03. DATLO MISS M. 9011.
NGL 88061? N TME OTT O 1104000.0. OMIT Cr 1±00.
IME OF [719167 MOSS AS FOLLOW
LOT 9 Cr MST M. 3711. N 111 OTT 10 1401[010./. WAIT OF
MOWS [TAE CE CM5OIMA AS 30914 BY MAP M F0E N
1000 IL PETS b 14067& 45 WISE O YIPS. M 1140
MICR OF OE 00111 6[0040 6 SAID CCUMI,
ASSESSOR'S PARCEL NO.
MNt 917-000-00-4
TOPOGRAPHY SURVEY
081E OF 3RIEY: 02-12-10
SaECE:
Da EARNM/3EEa*D MANGES
EARTHWORK ESTIMATES
00
• 1000 CT
1000 CT
WRNS
0 CT
OMNI'BW% 00!
100 MOPE
MEC
MPS YAP.
MEL
044E PIa
801
ME KW
a608 WAS
REMO
RE LIM,
6111 1111a
GE MLR
CA MIR
MASS
8801 O
PM I
M1AOmW1060
PROJECT
SITE
616006E M10 -
AMM 6 ONE__
VFW ED16 / MT 4®
RU N. wM
1 •4..,
SU WNW
664468nom ow
104
FI6m 18011
MEM0MD 044 MM.
004 0 .1
SLAM
W101 GMAT
• 66404r.caf
IDES
'66740
*NCI WA
.M 144.
14 AM [106406
011 IT WA!'
151
10511700 MPI
.12400
▪ B MW
An MMO
w n MAWS 161
4
SHEET INDEX
MKT
moor
13•6161111:61 PIM
•MIKOLIAT GRAM] MAI
Pala. MS,
1114.01. WIN. rum
wpm, PL.LA
LD74-XXXGR
BUILDING AND SAFETY
1[11[1[6
KM 00.001 NM
MU } OMR, 7:1104416. OMT
6001
CITY OF TEMECULA OGACEIG R IANC IMM.
May 81
PRELIMINARY GRADING PLAN
"UPTOWN JEFFERSON AUTO SPA"
28111 JEFFERSON AVENUE, 1081101LA. CA 92590
/
/// f ,11� if /4 1 // \�
s1
ift
5 \ / \�
/ v
\ i
\
V \
\ of-
'-//
/
DEMOLITION NOTES & QUANTITIES
'Dom 16 row Cr ERVC A: PRM EON SR.
IS QOt NY Mr= v [Ri.c E. fl . 14150 Sr.
"Oj r010r[ MN MM. v CCK 0— M) LF.
�i jrEN01CW 019046 0611C rots SIS.
MUM. Ara 0101 050 l 00fl 1 EA
&ti'RR + 0 NNW 9 [o1R0 505.E I= Sr
LEGEND
COM01E70 PA10NG REMOVAL
AL PAMNG NEWS.
INIF3c;
t
ap LpE -
aj
WA!
ifn1
4'1f$lt—yE
6I619CIW R6tlC
EWA.
�E.14nar
1P' —<ni—
/ 'Q
JEFFE!,S-041AVENUE
W4 NW
—9'
—CaN
simmErsubeeere
-..1,111.
Nal
GRAPHIC SCALE
ACE
+� NM. ~U... 01
17/5A5
Y140
OSOMADNED CAM__
NCE No. MN
LD14•XXXGR
BUILDING AND SAFETY
Oni ira+CPRIO CASIAL. 01Er
NM. 4F —f12—
CITY OF TEMECULA DO.nEx v Ault Woe
u mi,
DEMOLITION PLAN
"UPTOWN JEFFERSON AUTO SPA"
28111 JEFFERSON AVENUE, IENEOJLA, CA 92590
r
/
/
/
/
I
/ f / �I , //
a$
\
\ `r n
r \ ;
r \ 7
r
r
44
r4
EiN \ �a1 i ` lAeN
� �r
:.. /T(1 `4_, 4 5 ,
s Sad $ `"" r'`1 F iiMairQh
IV,
/4![ 411 451)111P11111 /
IIMIli JEFFES-ON____.----#--
,
�
5 } /!
I 1*
m1130141104 16mM
OM
NOTE
AC
)or1:�401J44fl 0 201 4115 05000y
mime
CAW ULM,. WC:. m 591;
1E101 WAN
001. 1111410
"14
1,;,1`4.21113G ,00)(11:2
mm 101 t• 1.1. "11.11.-1 a O 0,01ML 4mmann
040
4
CONSTRUCTION NOTES
0 =SAW 3.M74.10 OWN NS CUM NS 0.
Ka C.C. wawa
0 moeucr 5 003 AM a1R TR 0-r RR
00 O paw SO OM 001.
O coma r 04'1171 O -C RR Ort 40
EDEMA ER =10094
00135241 WWI 0(000. RERUL 19161«
�! 101411 al PIoc 901 ,0 414 1 2011 ♦
ON M MIRM OWN 414ESE.0 POI NM
049161♦
0 Ma 81 9210 40410 MAW 56R OWE Ar
4ID9oJ11514114 (10001001)
0101111101A16 was KR RIM 4 90614
049 COMM 911 41O14lel 4111902 1.101
0 mama r Q moot SEM. Pp 000
o 1011)114 EO 05014.00.
O 641 W x x' 1110 COMES Glp 5wl
41030 324-10.01010101041414 891611.
156r. M' 02.10* Sow mm Rc
0 MOL 13 WE 4Q -W 01/411048 (M5 MM)
M psi SON MAR 104110 0410 wE 40 003
OMNI. 9100. 2101 RR RIM ON 91612.
0 COWIN=40 ME 71111-03 mgEE 110 RIM
01 Mtn 0.
COMM 41014301 /MD MI RIM 4916111
OM. Ir Mk KIR I) 041. 075
0 11411 451 410 9. 0•1010. 2.01 •
O COSMO 1:01E81. P10 ORO 101E -0M
5514110. 072.
® MALL 5,41401 m3,11 0 .51011. ra 51 0 ex
@64L IC SIM 84.110E
SECTION A -A
1 FC 0.1
/0. MOW
�\ l
SECTION C -C
.7r
40
L— /
J
GRAPHIC SCALE
}
Pr Prp40 M. S.M. 0
A.. 11/3/15
RCL 141 Nltl
IFC04mm a-. 012
Kum 511 p>E�
/E10FWm/0144109
R.CL b IOM
LD14 - XXXGR
BUILDING AND SAFETY
108=03 1=021200w1284
422 42 m09[1.0:0500, par
411102111
CITY OF TEMECULA 04007[11 rr PI.L MINS
Mr9
PRELIMINARY GRADING PLAN
"UPTOWN JEFFERSON AUTO SPA"
28111 .EFFERSON AYENUE• 14J11.0444. CA 92590
9.1311-4
O 2.11N24" CATCH BASIN DETAIL
000010015 410
erla
Ter' PRO Mel
04.11 IRON Men
In MOS 01410031 31•0101.0 SIM
Avanag Ow. 5500 55 dr.c. lentene
IagoC tree savant Venn an' 110
.40:11.11. (1003 seri.e0U3 900. 55n4 rr=r1
11.4 Ire L.A.NAN 01552 Inen. WM.
0.1 0201 OEM 41110301 111
.3,330. 0034 703
r .w. oca ewe( imam 1014
nen MOM Wren nem.
30155015 510
0. .1r7eas ineltet".reek
nerCee one net euer nee na,
op a.m.:toobuS, or innIP
COM
(0) PAW4
MOW= itnee,
iseonV neenn
WEE
I ACCESSWE PAW. WA TO COVORN
TO CURRENT STATE, LOCAL CODES AND
RD:4.MM
!of af:NLIT'ArNro.?"
_1I
CONCRE1E CURB
00400 011005
VADE MINK NA
KILL
nne G.111 re) man MARA311003. MIK bei 0103 001
100.0 VERT. CLEMANCE 3 ST PARKING STRUCTURE (NO VALET PARKING)
&PAINTED ACCESSIBLE PARKING EMBLEM AND STRIPING
455
mom&
rRiTT,P,
.133.
00 L333033L
0 ACCESSIBLE PARKING SIGN
__/Air+narfn
ne..C,n Purnell r elern1
To* 0000•c51
300 10101
0 18' WIDE "STEP•OFF" CONCRETE
001 REBAR NCRIZ PLACE 1123,03.3331-
OP CONC POUR 3' CLR 0 JIM
5' NCIA 030.1303 5005 -
POUR TO 001Z 000M
NOTE
• 01.003. TO BE INSTALLED MTH ORATE,
CRAW TO 80 PROTECTED FROM CONCRETE
1.13^
111
00.1.31,3•X NIRE TIE
M. 15 11455015
nne•reCnn ren. [CroeCrin So,
0•00,...11 3aar
C01333:10
0 draeLq
2VI475 1.0010000 0.00(5-
0107-8031 01800.1 1014904.0
0 12CHANNEL DRAIN DETAIL
EVIESONS
0010
Sef
BENCH INARK
Inspector
Date Completed
SCALE
Contract
.1—
0 PARKING STRIPING
5114
0 lir CURB OPENING
imeneraghseeng
ANUJANAILIML ,
003.3103,3340 000 01.10,Arre
NIONLeal Noomrse0
LW. 0 1 000.450
An* nnene Weir lawn. 55
11/3/15
RCE No. 44100
BIORETENTION DETAIL
0 POST INDICATOR/FIRE DEPT. CONNECTION DETAIL
ern
DOMES ARE TO BE RISRIABLE PANEL ME. COLORED A CINTRASONC
=NOTYLIZEVEIE ll'Str‘E 00011
54
0
0-0.
11
80
NOTE IF MOPE OP RAMP ERICEDS 013
TRUNCATE) DOWS uer 5E 06410
°TRUNCATED DOME DETAILS
An
RECOWENDEO BY.0(10
0010 oy. DATE.
OR'OP°' C /
0110(140810
R C.E No 18179
HCLE SA 1 DOWEL 1 F.
EAGN ENO (TYPICAL Cr 2
NCLES) MAL ROLE DM
PANBOIL NNE 24. LNG SRO.
PN TNOUGN NEEL STOP AAR
AMBIENT INTO
SAME.
0 WHEEL STOP DETAIL
LD14 XXXGR
BUILDING AND SAFETY
%AWL, .0.0
1511 3. 03441.0 0333013 031
1000r IP
CITY OF TEMECULA rnennron PPL03
DETAIL SHEET
"UPTOWN JEFFERSON AUTO SPA"
28111 JEFFERSON AVENUE, TEMECULA, CA 92590
Cw..1
Sne00,i 6
A.
20,. °A. eoN GRATL
...me. —T.
0131100.0031113
o411-,,,ze
II,
.4-..m...
c
. _ .
24. TOp SECTION ,V,,,, GAL /AI,. F-1.1. li,
e.'-'.• ',.._
..i.,.
I
04 LOWER SECTION O•0 /RAW I
'Zz;_l
IIIIIr
. ,
WIZA NOT,OM SECTION ,V. . u, 410,10,1,,,,,
\ ,
.i. ...-
..•
ILiN
Atnw
i
9
el
c A
, iiiiri* mre e0 ,o,.......• T
. .
1111111111MIMI
111.1111M1111M
...,. .. ,.. .ir • ii,
Kn. , r.e. , . , mora or i
MglatN
090,attacar,
11111=11/1.1=
: *."—.---1--`"1—il"'•::
2424 CB
. irli.007 17-
,.... 1 ,.....
O 2.11N24" CATCH BASIN DETAIL
000010015 410
erla
Ter' PRO Mel
04.11 IRON Men
In MOS 01410031 31•0101.0 SIM
Avanag Ow. 5500 55 dr.c. lentene
IagoC tree savant Venn an' 110
.40:11.11. (1003 seri.e0U3 900. 55n4 rr=r1
11.4 Ire L.A.NAN 01552 Inen. WM.
0.1 0201 OEM 41110301 111
.3,330. 0034 703
r .w. oca ewe( imam 1014
nen MOM Wren nem.
30155015 510
0. .1r7eas ineltet".reek
nerCee one net euer nee na,
op a.m.:toobuS, or innIP
COM
(0) PAW4
MOW= itnee,
iseonV neenn
WEE
I ACCESSWE PAW. WA TO COVORN
TO CURRENT STATE, LOCAL CODES AND
RD:4.MM
!of af:NLIT'ArNro.?"
_1I
CONCRE1E CURB
00400 011005
VADE MINK NA
KILL
nne G.111 re) man MARA311003. MIK bei 0103 001
100.0 VERT. CLEMANCE 3 ST PARKING STRUCTURE (NO VALET PARKING)
&PAINTED ACCESSIBLE PARKING EMBLEM AND STRIPING
455
mom&
rRiTT,P,
.133.
00 L333033L
0 ACCESSIBLE PARKING SIGN
__/Air+narfn
ne..C,n Purnell r elern1
To* 0000•c51
300 10101
0 18' WIDE "STEP•OFF" CONCRETE
001 REBAR NCRIZ PLACE 1123,03.3331-
OP CONC POUR 3' CLR 0 JIM
5' NCIA 030.1303 5005 -
POUR TO 001Z 000M
NOTE
• 01.003. TO BE INSTALLED MTH ORATE,
CRAW TO 80 PROTECTED FROM CONCRETE
1.13^
111
00.1.31,3•X NIRE TIE
M. 15 11455015
nne•reCnn ren. [CroeCrin So,
0•00,...11 3aar
C01333:10
0 draeLq
2VI475 1.0010000 0.00(5-
0107-8031 01800.1 1014904.0
0 12CHANNEL DRAIN DETAIL
EVIESONS
0010
Sef
BENCH INARK
Inspector
Date Completed
SCALE
Contract
.1—
0 PARKING STRIPING
5114
0 lir CURB OPENING
imeneraghseeng
ANUJANAILIML ,
003.3103,3340 000 01.10,Arre
NIONLeal Noomrse0
LW. 0 1 000.450
An* nnene Weir lawn. 55
11/3/15
RCE No. 44100
BIORETENTION DETAIL
0 POST INDICATOR/FIRE DEPT. CONNECTION DETAIL
ern
DOMES ARE TO BE RISRIABLE PANEL ME. COLORED A CINTRASONC
=NOTYLIZEVEIE ll'Str‘E 00011
54
0
0-0.
11
80
NOTE IF MOPE OP RAMP ERICEDS 013
TRUNCATE) DOWS uer 5E 06410
°TRUNCATED DOME DETAILS
An
RECOWENDEO BY.0(10
0010 oy. DATE.
OR'OP°' C /
0110(140810
R C.E No 18179
HCLE SA 1 DOWEL 1 F.
EAGN ENO (TYPICAL Cr 2
NCLES) MAL ROLE DM
PANBOIL NNE 24. LNG SRO.
PN TNOUGN NEEL STOP AAR
AMBIENT INTO
SAME.
0 WHEEL STOP DETAIL
LD14 XXXGR
BUILDING AND SAFETY
%AWL, .0.0
1511 3. 03441.0 0333013 031
1000r IP
CITY OF TEMECULA rnennron PPL03
DETAIL SHEET
"UPTOWN JEFFERSON AUTO SPA"
28111 JEFFERSON AVENUE, TEMECULA, CA 92590
Cw..1
Sne00,i 6
.a+� CU1IGI,LP \Y135hou�
/
/
/
/
r•
EROSION CONTROL
LEGEND: CONSTRUCTION NOTES
W,WE16 -®
ai RAO
=ME NOW - �
0 m6>AA'1 row mrraen• WMX ELE Cies WA
'WMIM 1 *11114
10015E MG 0 Marl. COAYON E 11144E ORCS vp
RASE 11545011 -0 41101444E 5(1.110 0115 15411
PEWS SIRF1M4 - .1.550.1.1.550.1W114th
11
QUANTITIES
4605 *161 mow 6*61 110,1 5*11001!0115
atlas maim
11111!1
Q=019110011.040151 MG 115 AR M551546
WM4001 AO 5(EEM51R1YIMI 11110E 061 WM0p1
151001
6151 COMES 919011 =WC
O SWELL SLI MES RE OE M.1F0ML
ILL E�
CION 7-7
TYPICAL PROTECTION
FOR AREA DRAIN INLET
In" 1156
l J T
TOP. SCO
II _ Er=Ir- a1-1' - --
1101141 (LEARN
r, STREET SANDBAG DETAIL
54�A 515
t�
(6}
9-11[05$1'
• L*P
115.1E
(Y) (M) -. ILL)
JEFFERSON AVENUE
0b16MM1 mE
00
01�
stO
rase})
i.10%4104
411491E
0*)
STABILIZED CONSTRUCTION ENTRANCE
k11
6100
091
rMIMM
9r vM1�
0050
Or
immeraneerIng
44.1u0 SMCItkLlEST
MMS AvwY115ti JerhPuw1%.01mA 1.F
0.4115 4 1 1440 01
EROSION & SEDIMENT CONTROL NOTES
➢Q• OW COM. 161. ME MOM TO E Len 0ELL male 015
PMS M MM 11515E IEELEREar MD Reit IMIrQ-MTM 0011. 1110
[01P69E101E IIS SCUD E MINED MEOW W 910 -SEMS
1 110® W1.46107 SAL• 0.1511DPIM W 4000 Rai /I
SME0015111115E M PAIS SINN MO 015TI1Q SSM CERA M
0010 OW OTEIS 00Ey0ED 5-01150, SRO 0106,
IUM LR NEIL OW EIC) MA 1411,/1110 WEED ME RONIN
IMI 0066 MR Skil MG OE1MQ 4151511053-010.
1 aT MMM61E01100114 (MVS. EMI -006. 0W el IMO
IE010; ALSO 8115 *5 On 1YImM1101000 (ennSE E
OVUM REO 0 MILL 10D Enna MOW OW CM 1100011151D AT
.44.01P0.4mMEme. WO9A 11GM00 MO SEAM COMM
(Ent SeWW14 660 E NOW Me IMmORED PRIM 10 Me 1160S1/ORMECOL 1009061 1'111 (74 II
494511 )0344011 01111110 P 11001,01151 Iso UAW, nos
0 9s 15.4495 p SR<MDEC K1016 111 a Mi 11011E) ONES
MO WAR PWS DIMAOR DE WE MIL 010WM0/r0RGCRa Y
AE *02 IDI MR MOMS rml SM511EIO1
A 010610 N OFR EIOWAF1WOW* Sal a 1601051
WV96 1101 1500,1 OE MEM WORE M EDM ail
MS RIO 10111 W 61 Oil 0 NENSINLY 114100 0E
E E115*11110 0 ®OYEI1 SM 0,100
1 pen 9114541 MODS Al CO MA1Ns wL E O1@p
N.1054 Err/Min or 10W RAE -WO 1404:40.4 RE SD 10 mOtecl
wen, 444.541 MIRES LaWlerar WSW Mus m.1
110AESRMS 5101 159011.100E WSW FMR 6000001
011105FI10MGMr ILS EMI. 10a ORBS 01.5 MLLE EOM 1
101 RACL
A 000 COMAS 0004115061010,5*1 Ai91.10111 0
MRRC MO 01449O0 WERE OM WO we, EDAM 15
eon 10EMES(5101*0 11 5*01010.111*111=(9.149
MAY 110134104 MNNINAR 11[ 9 a1R NM NOTe
10'4 41 • STMi51E 0109 0990.15 Waft arm Roo Al
0011311154060 m SOA 1104150 4•A1 0
1151 W SIN .11061« 1,411.1011 r1015M6 0001 MRM 0EAR or IS KALE 74
MS MR SPOON101Orr
9CW MT Mail® DRW1000*01
a a001011101 WNW =MS SELL MINX Mr 156 0r IEE
10 MOM •615 OWED ON FFR GLM Cir *002 MAO eM
OEaOM 410 MM OEIM 311 ONL), DEM OMR DREW NET
MME1100 100 *011544 DULL E Wenn 115a101150015115
11,19.00MOO DE IME 63[9010 Or len 91154EMIMOD
AOC NW SUMS MM COOED 115 MEL EW 0 9.1 FOW
OWES ME DR 11SMIt 601 -01, -MT 0 MS W DIM
A S1AE 010000 01015 WE F INC MECV MIR 0011 CO
SEON6 DE ME 51005 WEE RE SEMI E COOED 101 OE
SAE 0615001 Ode 1611 400E 010M 111100 (MS)
NISI MK LCIL EOM1m 141100 MID 16 51.1S10 VIM M9
FOMM 1,04110 RAW (90)WW0M(®E SIDES E 1000011E
ORPSO0LEM.10E* We 091E *41FRIPP DULLS WOSEIFD
1.010011 K 55*10 W 00 M1Tr14n 941 IS W., 400411 0
O h 016111 0611 MO 401.5 0NNW 0FP01 011 00910.
01MC▪ ONCO. DE 0610501 POSE OS E DOM00ED AY
aE••1••a•>rw..hl.0flMMlaeE.1
BMA
5 1611591 06. RECO 1150100 EMS a IOW 16015 MR
61515• M:WEIS. 9GM0 DAL 11100104515 10115AaEIWIDES151.0 SIE N
owns/S. MSC 4w1[1NS En 011510E 10* WARM 5511.010113ER M
WPC IT, E M DE - Aa0 EE41E0Ob Wm. SAL
no
4 WWII AEE ROM COWS= MCS RMS OVALE 951®
O N A015LEICII MO WRIER RA1141E1WM00 PROW
040-011 WOW ACOS REM (41 1501010 MEMITM WELL SAWN
01 SPM6MGMDVI56,IMR CIO WELL MS0 EPOELO MO On
0 4WD 00-01100 REKE WAM. OM MET *0 SELL
a OWED al MED SINES MK WIG 6®EM WSW
MIMS 9.41...9:0 •M SEAT SSC 111,061OR1E
=MB MET MUM SAL Oar a *011011 RP 0 INE MRC40
011-0LeM.W.1 OA COM MO INET Md AV i01.011 OE: MS Ii
WE
1. 0096 4196 0 1 DIW SELL E 1000 151006 011E
=MID Mon M G15*4 0615.01 MP WEEK IEORRED 150
OWL E WED RMI 1100151 WE WOO 10601515E -0O 150
MEIr, W MWOW IN. 6INE.9414 E POSED.
R MEEK STONE WI*WL SOME MO 9W ERGS SWL E FEIGOES
REL WMIW MISE 115111 LRAM OLS POEM LOWDER MEWLS MO
SImm 6 A OWL M SEEM AMT 100 ML IMMEAIfS SEEM
010015050 PAM NEWS 6W1-0-5*1506140-400 01
MOM ME Sly 091501, WIFE STOWED Cr A SUM a
01513 EI PLL OMKRE 441016 fin E 0®09114
000411 DML
l 001.0110 60615.101M6E MO 00066151515 OWES
RM0 E u01-91104 SSFOIT SLAMS SUM 0 RIEYGO r0
COMM MSS 5100 MD 0160M 151E MO DULL E IME EM
RAM MO LOGS Mr UMI 911.1911 -0 -MIS. IW AR Ct ROI
0 MR SEWN RIM M6 MUMM-0IO SAL E WED MW LINER
RAM WM
IE SSE MECM1 SIMI M9 GMT MML 151E MEC® OED WES
• MOR RMAM1000 0156 15511510 Ea MM15S ME Mon ER Au
009 ODQ 0a SFR0111RY11ENT WOE 10 6 ESTEEMED, DOE
SMILE 100 SURE RMEC10 • PUCE FAM 0 Men E COMGE W
11 MME IR10 ML ROOM MRS DAL WE RAMC AMIE MO M
OEMMMOAEL-0541 PLROO 0 DE 00151 A N NE IIO610
DWI
1111501515. ML MME NOISE MIN MESO 5-MOE10F01Oq
1015115E MW OEM 15106 OM 01106 EIC) SEM MED OODEOCE
MOO 0000 OEM WEER Cir 040156 WORM 15961ULL
01E W 90 1, 06151500 WEIDER 011E 1401101,06 EEM MO
M00AE IX *1100 EN -000
IS ®151.14115 E315CDOES. EMR WM WS SIMS E AIDED OEM
11551 SOO MIN 015950 EWE MUS 1.1304115 UMW Mien
E I MOOED M M Ott OEMERL
14. ORM 06151901 M1II IMM 0 SHAVE MMS 15'MEW "We
MO
9.41•5' 1101.00.0.15
CONCRETE WASHOUT CONTAINER
,JPL�M *115511 401555.. W
y 11/435
l.CE IM 5*10
aSMIODM
oEFT 1901 M01z ^�:
• 01*1 Mr REQ 0101015111010150101011 OE
SAE MICE 51101 W RAN 69004119E
00111161501511 011.T.
O SILT FENCE
lr:
GRAPHIC SCALE
1 : M MMW (911511
en_
1El}PI011. 0910_
f W pYR15p1 C ME / Car EINEM
ROE 1t I11211
leoh. It
.f TUN
10001,R MEMK
HTI-
_u
CITY OF TEMECULA
1Mµ JI
LD14 - XXXGR
BUILDING AND SAFETY
4"rt0 e0A ma5M10 1a+.
1131 1* Ia1M44 neon= D* l
MAMM
GM1PC 44 *l K•1
EROSION CONTROL PLAN
"UPTOWN JEFFERSON AUTO SPA"
28111 JEFFERSON AVENUE. 1E14EI]1L1 CA 92590
1aa1__i_aL.9_
1.
/
,37
/9 C � •k4d
i
•
341425'574 114.79'
0-172762
1423.11
L-9-031
.0 SERVICE ALERT
I -100-472-L173
2 3270 22952 .223
011222301 MOM
Dram
410
17
1220
(71) (N) (31)
JEFFERSON AVENUE
0724
00
102 021
00 04.1120
11.11'221'
!•1409]'
NOMErTn
ammengrnesto
020712. ■401310:117: y 1.311 k• 1..
101290.12710222.0 w
4µ3
21)
01/929 4 I 62 4 644317
1911A211192010~0
�ri4.-F— Oey 77/3/15
0.0E 1Ln 44122
LIE TACE
UN
221
4.16
u
LUL
021592
L2
1111.0
123217E
117
1121795
150
510912E
14
1107!!1.51
131
52224
17
L0I
110202
LI
500
1217314
32
10230
L1
1347
2.10
LN
nn
5501517
Lit
112
32
20
027172■
51731771
L2
50
02711.
L14 1405
172
52224
rtls2u7
Lu
131
2022\
L11 20
11071'194
.2
0022
12
750
SLrn191
L1 1115
574211%
173 ails
9219324
02351195
111 172
322214
12
560
27221
L17
130
50512E
u
251
01591E
L2
1100
405921
30
O 159th
7LC
O 9321.E
702
07177E
LD 162
171'9'1
W
12
1 VSr3 1
L 2
211
O 05179
CURVE TABLE
002
0-01
2031
22
1200,
13
1217
710
020777
4.172
13
MY
22
0221r
222
i7
10
176
05122
2347
0
Lit
SID
020110
3.000
13
171
10
010000
100
0
1.11
30
007119
290
27
42
30
011192
2137
0
110
1600
0022
210
0
LN
I2
iln799
1.131
00
314
12
09322
092
01
17411
220
02922
7122
112
172
1422
01192
11.10
1.11
4121
710
1001911'
7103
C14
202
10.013
100712
22
N
112
710
032
604
DO
UI
105
075175
0471
C17
141
111
00015
72?
ON
All
100
001000
100
09
1101
60
1122r
1110
12
235
107.22
00217
12110
07
011
20
02(15
512
02
611
20
135114r
321
03
510
20
13212
1317
012
52
700
14121r
1111
01
910
60
1122
1120
0
AO
10
12:22
DNA
05
2211
30
0100107
300
12
111
400
019911'
107
Cs
2179
1122
1135529
2123
11
740
022
07223'
7172
01
1170
122
1209
1112
42
1217
20
02072
007
ell
137
LW
700'0x2
100
00
7460
0A91
025711-
1023
02
17.6'
110
007242
113
VI
26
110
0729'
11.72
03
212
2274
015019
1477
01
141
1100
05092
321
GRAPHIC SCALE
90992105 01 102_
COMO Or 0115_
.3110MZrPb qe / 01 0221
-•• 10.179
LD14 - XXXGR
BUILDING AHD SAFETY
241012 00223
AU 17 16122 .2:7152127 013
222 22
CITY OF TEMECULA 05/1124115 .1122
022 L4
HORIZONTAL CONTROL PLAN
"UPTOWN JEFFERSON AUTO SPA"
28111 JEFFERSON AVK LE. 1t4ECu43- CA 92590
5.1.1_11!
.a..
....
, --.4771_,:-.:71. -7. • , ,'''
•
7:1!-4 'kil-ti'jlZji!1[1:•,' _i..1.•:;'.— 7
LI' e Vi F • .- ..- — - '' ... ,
• • ,..-r-:, .14. ,-I- - 's-
_
LT, ;117'4: r
) r'r • lallik1111. • E.116
4 'et la 1177:
.154:1°11.21411. 44 Itim.! 11 Ium.r--
_ .111X1111
a ua' '
It' 1' '11
1,4, ; • - - .4*..g.
1011 it
-..--.. 'Oh .. AV 1
• 11! . t fe MM MI%
. 1 1 111114
-
. .
'AI 110111111 . - . .
1, .ii
. di 111,111111Wiri
' '- .. I t.11
...IT. extueeest . , • ; . ,. . •
,
, i, IA :-...1:4 1 ir !V .'---", ' .. t 7-. 'IT i'• 1111 -- -40.1tri
4, ,:,--,..,,,
PY°
• 1."-4,
• • 4:1
. • •
..11
1 1 11 I I I I
y
..,:•L.:ilwy:v
nalay..!1ri-1I74il7:.4:i,• •. I 1111
I III• ' 1T t2-laitfa2•
•..
oLlsml1•
— .
r
1
1
s`
gi &VI 'ri
11F -!!• 1/1"1111,""41111 i „S 1
L....7'
r .•.:,.*1. "., 11‘l '-.r' e s7 mIl'' "7, 61 •' 1- I V 1.111 'l.Aiirr il/Ur PiIll' /1a11l*
..i, -14 N: .....„,.,.. ,..:_,
1, eA it * ' 4' . . . . Jr 111, a .4
Ijr
-•ti ... or , ..... 14
:- ilk. 7111! 4..4t' -.3. .. 1•411.1vj i It 4."-ir..e• , jiii
.. . 1. I ' .- 4.1. c -1. ' ' ' • • .%-..'i
_ • I A f . . IF laVp . — SIti. ' - -iii it ' :I, •..,..ze i it , 4r - gin
•Ti 5 - .. -, , „,,, ,,..
. _ ',.• Sik s'li, ' • `v""
....mill t111 1. T . II ,Ith -. ail*
111111 Br It 1 1. V, S /1_,11 0' " 311111Fin 10i ililtg: 1 11 .0 .14;1: .1,
-
3 - .. '--It'z:7:?4r.7i 1...i,i, .:t.--.ik.--,F= .__
t ar 2.'7 i p..4„...:‘, .
seist 44.-r,"
/ • t..... ..
Eri-----.-----rellpilm ,muntiont
'or 4r jr ar de.....• ,...-,..
-f - AIN i . A mu *
; ., / 111. +116 Of *moo.
li
i i
,
•
IV%
mmmi, S.7,
" Ili It
+ . L
ii . iiiiadiri ii in, 41111, 1• 1.° - -insdomml:
111 .f ' -i A., .
• - -•`-' 1111111. Jv-7-14'1'-
•
4. , qr Aiiiiiit tv or 0.•
_ _ _ . . ,,
I .1 ;nib -0N `
,•• J, • . t."
•••• 1:,"••••' •
• . r ..1 •7,1111
-lir 1 1•17.: 1
NJ 111Sir41
mamma
1111!
r.-7Apy
IL At
A IRA PA
11111, in.' Pasmaratt • "amp
,151 .111 i. IMIRIL id, 4 (-11.14.44efi • .s.tic
6:11111 I IPI f
at
•
PC DEVELOPMENT PLAN DRAFT RESOLUTION
PC RESOLUTION NO. 15-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING APPROVAL
OF PLANNING APPLICATION NO. PA15-0520, A
DEVELOPMENT PLAN TO ALLOW FOR THE
CONSTRUCTION OF AN APPROXIMATELY 4,285
SQUARE FOOT CAR WASH GENERALLY LOCATED ON
THE NORTHWEST CORNER OF JEFFERSON AVENUE
AND DEL RIO ROAD AT 28111 JEFFERSON AVENUE,
AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(APN 921-060-006)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 18, 2015, Lisa Kolieb of Wayne Knyal/Gresham Savage, filed
Planning Application No. PA15-0520, a Development Plan Application in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 18, 2015, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA15-0520 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Plan, Development Code Section 17.05.010.E
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The use is permitted in the Community Commercial zoning designation upon the
approval of a Conditional Use Permit. The project has also been evaluated to
ensure compliance with other requirements of the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Development Plan.docx
City including the recently adopted Urgency Ordinance governing the Uptown
Jefferson Specific Plan Area.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare.
The project has been reviewed and conditioned to maintain compliance with the
Development, Fire, and Building Codes. These codes contain provisions that
ensure for the public health, safety, and general welfare. No adverse impacts are
anticipated.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32, In -Fill Development Projects);
The project is within City limits on a site smaller than 5 acres and has been found
to be consistent with the General Plan and all applicable Zoning regulations. The
project site is a former gas station on a project site surrounded by commercial
development. Utilities are available for the use. The site has no value as habitat
for endangered, rare, or threatened species. The use is allowed in the governing
zoning district upon approval of a Conditional Use Permit and will not result in
any significant effects relating to traffic, noise, air quality, or water quality.
Section 4. Conditions. The Planning Commission of the City of Temecula
recommends approval of Planning Application No. PA15-0520, a Development Plan to
allow for the construction of an approximately 4,285 square footage car wash generally
located on the northwest corner of Jefferson Avenue and Del Rio Road at 28111
Jefferson Avenue, subject to the Conditions of Approval set forth on Exhibit A, attached
hereto, and incorporated herein by this reference.
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Development Plan.docx
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 18th day of November, 2015.
Lanae Turley-Trejo, Chairperson
ATTEST:
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 15- was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 18th day of November, 2015, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Development Plan.docx
EXHIBIT A
DRAFT DEVELOPMENT PLAN CONDITIONS OF APPROVAL
Planning Application No.:
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division
a cashiers check or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California Code
of Regulations Section 15062. If within said 48-hour period the applicant/ developer has
not delivered to the Planning Division the check as required above, the approval for the
project granted shall be void by reason of failure of condition (Fish and Wildlife Code
Section 711.4(c)).
General Requirements
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA15-0520
Uptown Jefferson Auto Spa Development Plan: A Development Plan
application to allow for a 4,644 square foot carwash generally located
on the northwest intersection of Jefferson Avenue and Del Rio Road
(APN:921-060-006) (Related Application: Conditional Use Permit
PA15-0521)
921-060-006
Commercial
Retail Commercial
Retail Commercial
N/A (Non -Residential Project)
November 18, 2015
November 18, 2017
2. Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City
with Legal Counsel of the City's own selection from any and all claims, actions, awards,
judgments, or proceedings against the City to attack, set aside, annul, or seek monetary
damages resulting, directly or indirectly, from any action in furtherance of and the
approval of the City, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City, concerning
the Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
3. Expiration. This approval shall be used within two years of the approval date; otherwise,
it shall become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval, or use of a property in conformance with a Conditional Use Permit.
4. Time Extension. The Director of Community Development may, upon an application
being filed prior to expiration, and for good cause, grant a time extension of up to three
(3) one-year extensions of time, one year at a time.
5. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning
Division.
6. Signage Permits. A separate building permit shall be required for all signage.
7 Landscape Maintenance. Landscaping installed for the project shall be continuously
maintained to the reasonable satisfaction of the Director of Community Development. If it
is determined that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the
landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers,
equipment, walls, or other structures.
9. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan
check approval for the grading permit.
10 Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels,
powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain
system or from leaving the property. To ensure compliance with this Condition of
Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not maintain or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the
building for Planning Division inspection, prior to commencing painting of the building.
12. Photographic Prints. The applicant shall submit to the Planning Division for permanent
filing two 8" X 10" glossy photographic color prints of the approved color and materials
board and the colored architectural elevations. All labels on the color and materials board
and elevations shall be readable on the photographic prints.
13. Materials and Colors. The Conditions of Approval specified in this resolution, to the
extent specific items, materials, equipment, techniques, finishes or similar matters are
specified, shall be deemed satisfied by City staffs prior approval of the use or utilization
of an item, material, equipment, finish or technique that City staff determines to be the
substantial equivalent of that required by the Conditions of Approval. Staff may elect to
reject the request to substitute, in which case the real party in interest may appeal, after
payment of the regular cost of an appeal, the decision to the Planning Commission for its
decision.
Materials and Colors:
Main Wall Stucco - La Habra Stucco (Elastomeric Sand Finish), Color Indian Legend No.
A0083
Accent Wall Stucco - La Habra Stucco (Elastomeric Sand Finish), Color Desert Valley
No. A0767
Roof - Eagle Roof Clay Tile (Piedmont Blend), Color Terracotta, Maroon, Brown Blend
No. 3636
Precast Elements - Valori PreCast, Color Blanco
Tile Veneer - Bedrosians Tile Veneer, Colors Bleu, Vert, Ecru
Tower Roof - Tile Mosaic
14. Modifications or Revisions. The permittee shall obtain City approval for any modifications
or revisions to the approval of this project.
15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a
recycling bin, as well as regular solid waste containers.
16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles
utilized on the site. These shall be clearly labeled on the site plan.
17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and
the construction plans shall include all details of the trash enclosures, including the solid
cover.
18. Construction and Demolition Debris. The developer shall contact the City's franchised
solid waste hauler for disposal of construction and demolition debris and shall provide the
Planning Division verification of arrangements made with the City's franchise solid waste
hauler for disposal of construction and demolition debris. Only the City's franchisee may
haul demolition and construction debris.
19. Public Art Ordinance. The applicant shall comply with the requirements of the City's
Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
20. Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained
by the property owner or maintenance association.
Prior to Issuance of Grading Permit
21. Placement of Transformer. Provide the Planning Division with a copy of the underground
water plans and electrical plans for verification of proper placement of transformer(s) and
double detector check valves prior to final agreement with the utility companies.
22. Placement of Double Detector Check Valves. Double detector check valves shall be
installed at locations that minimize their visibility from the public right-of-way, subject to
review and approval by the Director of Community Development.
23. Archaeological/Cultural Resources Grading Note. The following shall be included in the
Notes Section of the Grading Plan: "If at any time during excavation/construction of the
site, archaeological/cultural resources, or any artifacts or other objects which reasonably
appears to be evidence of cultural or archaeological resource are discovered, the
property owner shall immediately advise the City of such and the City shall cause all
further excavation or other disturbance of the affected area to immediately cease. The
Director of Community Development at his/her sole discretion may require the property
owner to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/ cultural resource, the Director of Community
Development shall notify the property owner of such determination and shall authorize the
resumption of work. Upon determining that the discovery is an archaeological/cultural
resource, the Director of Community Development shall notify the property owner that no
further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Director of Community Development."
24. Cultural Resources Treatment Agreement. The developer is required to enter into a
Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will
address the treatment and disposition of cultural resources and human remains that may
be impacted as a result of the development of the project, as well as provisions for tribal
monitors.
25. Discovery of Cultural Resources. The following shall be included in the Notes Section of
the Grading Plan: "If cultural resources are discovered during the project construction
(inadvertent discoveries), all work in the area of the find shall cease, and a qualified
archaeologist and representatives of the Pechanga Tribe shall be retained by the project
sponsor to investigate the find, and make recommendations as to treatment and
mitigation."
26. Archaeological Monitoring of Cultural Resources. The following shall be included in the
Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and
will have the authority to stop and redirect grading activities, in consultation with the
Pechanga Tribe and their designated monitors, to evaluate the significance of any
archaeological resources discovered on the property."
27. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes
Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to
monitor all grading, excavation and groundbreaking activities, including all archaeological
surveys, testing, and studies, to be compensated by the developer."
28. Relinquishment of Cultural Resources. The following shall be included in the Notes
Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural
resources, including all archaeological artifacts that are found on the project area, to the
Pechanga Tribe for proper treatment and disposition."
29. Preservation of Sacred Sites. The following shall be included in the Notes Section of the
Grading Plan: "All sacred sites are to be avoided and preserved."
30. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with
MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance.
The results of the 30 -day preconstruction survey shall be submitted to the Planning
Division prior to scheduling the pre -grading meeting with Public Works.
31. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the
Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the
pre -grading meeting with Public Works. All project sites containing suitable habitat for
burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey
that shall be conducted within 30 days prior to ground disturbance to avoid direct take of
burrowing owls. If the results of the survey indicate that no burrowing owls are present
on-site, then the project may move forward with grading, upon Planning Division
approval. If burrowing owls are found to be present or nesting on-site during the
preconstruction survey, then the following recommendations must be adhered to:
Exclusion and relocation activities may not occur during the breeding season, which is
defined as March 1 through August 31, with the following exception: From March 1
through March 15 and from August 1 through August 31 exclusion and relocation
activities may take place if it is proven to the City and appropriate regulatory agencies (if
any) that egg laying or chick rearing is not taking place. This determination must be
made by a qualified biologist."
32. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and
approved by the Planning Division.
Prior to Issuance of Building Permit
33. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a
minimum five-foot wide planter to be installed at the perimeter of all parking areas.
Curbs, walkways, etc. are not to infringe on this area.
34. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an
ordinance on March 31, 2003 to collect fees for a Riverside County area wide
Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of
these fees at the time of building permit issuance. The fees are subject to the provisions
of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the
time of building permit issuance.
35. Downspouts. All downspouts shall be internalized.
36. Development Impact Fee (DIF). The developer shall comply with the provisions of Title
15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the
appropriate City fee.
37. Photometric Plan. The applicant shall submit a photometric plan, including the parking
lot, to the Planning Division, which meets the requirements of the Development Code and
the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards
shall be placed in such a way as to not adversely affect the growth potential of the
parking lot trees.
38. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction
Landscaping and Irrigation Plans shall be reviewed and approved by the Planning
Division. These plans shall be submitted as a separate submittal, not as part of the
building plans or other plan set. These plans shall conform to the approved conceptual
landscape plan, or as amended by these conditions. The location, number, height and
spread, water usage or KC value, genus, species, and container size of the plants shall
be shown. The plans shall be consistent with the Water Efficient Ordinance and Water
Storage Contingency Plan per the Rancho California Water District. The plans shall be
accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time
of submittal) and one copy of the approved Grading Plan.
39. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note
stating, "Three landscape site inspections are required. The first inspection will be
conducted at installation of irrigation while trenches are open. This will verify that
irrigation equipment and layout is per plan specifications and details. Any adjustments or
discrepancies in actual conditions will be addressed at this time and will require an
approval to continue. Where applicable, a mainline pressure check will also be
conducted. This will verify that the irrigation mainline is capable of being pressurized to
150 psi for a minimum period of two hours without loss of pressure. The second
inspection will verify that all irrigation systems are operating properly, and to verify that all
plantings have been installed consistent with the approved construction landscape plans.
The third inspection will verify property landscape maintenance for release of the
one-year landscape maintenance bond." The applicant/owner shall contact the Planning
Division to schedule inspections.
40. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on
the plans stating, "The contractor shall provide two copies of an agronomic soils report at
the first irrigation inspection."
41. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water
usage calculations per Chapter 17.32 of the Development Code (Water Efficient
Ordinance), the total cost estimate of plantings and irrigation (in accordance with
approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for
calculating the maximum allowable water budget.
42. Landscape Maintenance Program. A landscape maintenance program shall be
submitted to the Planning Division for approval. The landscape maintenance program
shall detail the proper maintenance of all proposed plant materials to assure proper
growth and landscape development for the long-term esthetics of the property. The
approved maintenance program shall be provided to the landscape maintenance
contractor who shall be responsible to carry out the detailed program.
43. Specifications of Landscape Maintenance Program. Specifications of the landscape
maintenance program shall indicate, "Three landscape site inspections are required. The
first inspection will be conducted at installation of irrigation while trenches are open. This
will verify that irrigation equipment and layout is per plan specifications and details. Any
adjustments or discrepancies in actual conditions will be addressed at this time and will
require an approval to continue. Where applicable, a mainline pressure check will also
be conducted. This will verify that the irrigation mainline is capable of being pressurized
to 150 psi for a minimum period of two hours without loss of pressure. The second
inspection will verify that all irrigation systems are operating properly, and to verify that all
plantings have been installed consistent with the approved construction landscape plans.
The third inspection will verify property landscape maintenance for release of the
one-year landscape maintenance bond." The applicant/owner shall contact the Planning
Division to schedule inspections.
44. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped
areas and complete screening of all ground mounted equipment from view of the public
from streets and adjacent property for (private common areas; front yards and slopes
within individual lots; shrub planting to completely screen perimeter walls adjacent to a
public right-of-way equal to 66 feet or larger; and, all landscaping excluding City
maintained areas and front yard landscaping which shall include, but may not be limited
to, private slopes and common areas). Choose those that apply
45. Hardscapinq. The landscape plans shall include all hardscaping for equestrian trails and
pedestrian trails within private common areas.
46. Precise Grading Pians. Precise Grading Plans shall be consistent with the approved
rough grading plans including all structural setback measurements.
47. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include
detailed outdoor areas (including but not limited to trellises, decorative furniture,
fountains, hardscape, etc.) to match the style of the building
subject to the approval of the Director of Community Development.
48. Utility Screening. All utilities shall be screened from public view. Landscape construction
drawings shall show and label all utilities and provide appropriate screening. Provide a
three-foot clear zone around fire check detectors as required by the Fire Department
before starting the screen. Group utilities together in order to reduce intrusion.
Screening of utilities is not to look like an after -thought. Plan planting beds and design
around utilities. Locate all light poles on plans and ensure that there are no conflicts with
trees.
49. Monument Sign. The Uptown Temecula Monument Sign shall not be installed until a design has
been finalized by the city. The sign will be reviewed and approved under a sperate permit.
The applicant shall continue to reserve the space called out for the sign on the approved
plans.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
50. Screening of Loading Areas. The applicant shall be required to screen all loading areas
and roof mounted mechanical equipment from view of the adjacent residences and public
right-of-ways. If upon final inspection it is determined that any mechanical equipment,
roof equipment or backs of building parapet walls are visible from any portion of the
public right-of-way adjacent to the project site, the developer shall provide screening by
constructing a sloping tile covered mansard roof element or other screening reviewed and
approved by the Director of Community Development.
51. Landscape Installation Consistent with Construction Plans. All required landscape
planting and irrigation shall have been installed consistent with the approved construction
plans and shall be in a condition acceptable to the Director of Community Development.
The plants shall be healthy and free of weeds, disease, or pests. The irrigation system
shall be properly constructed and in good working order.
52. Performance Securities. Performance securities, in amounts to be determined by the
Director of Community Development, to guarantee the maintenance of the plantings in
accordance with the approved construction landscape and irrigation plan, shall be filed
with the Planning Division for a period of one year from final Certificate of Occupancy.
After that year, if the landscaping and irrigation system have been maintained in a
condition satisfactory to the Director of Community Development, the bond shall be
released upon request by the applicant.
53. Installation of Site Improvements. All site improvements, including but not limited to,
parking areas and striping shall be installed.
54. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
Outside Agencies
55. Flood Protection. Flood protection shall be provided in accordance with the Riverside
County Flood Control Districts transmittal dated July 29, 2015, a copy of which is
attached. The fee is made payable to the Riverside County Flood Control Water District
by either a cashier's check or money order, prior to the issuance of a grading permit
(unless deferred to a later date by the District), based upon the prevailing area drainage
plan fee.
56. Compliance with EMWD. The applicant shall comply with the recommendations set forth
in the Eastern Municipal Water District's transmittal dated July 30, 2015, a copy of which
is attached.
57. Compliance with RCWD. The applicant shall comply with the recommendations set forth
in the Rancho California Water District's transmittal dated August 13, 2015, a copy of
which is attached.
58. General. The applicant shall comply with the requirements set forth by the Pechanga
Band of Luiseno Indians in their letter dated August 13, 2015.
PUBLIC WORKS DEPARTMENT
General Requirements
59. Conditions of Approval. The developer shall comply with all Conditions of Approval, the
Engineering and Construction Manual and all City codes/standards at no cost to any
governmental agency.
60. Entitlement Approval. The developer shall comply with the approved site plan, the
conceptual Water Quality Management Plan (WQMP) and other relevant documents
approved during entitlement. Any significant omission to the representation of site
conditions may require the plans to be resubmitted for further review and revision.
61. Precise Grading Permit. A precise grading permit for on site improvements (outside of
public right-of-way) shall be obtained from Public Works.
62. Haul Route Permit. A haul route permit may be required when soils are moved on public
roadways to or from a grading site. The developer/contractor is to verify if the permit is
required. If so, he shall comply with all conditions and requirements per the City's
Engineering and Construction Manual and as directed by Public Works.
63. Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required; and shall be obtained from Public Works for public
offsite improvements.
64. Street Improvement Plans. The developer shall submit public/private street improvement
plans for review and approval by Public Works. The plans shall be in compliance with
Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles
showing existing topography, existing/proposed utilities, proposed centerline, top of curb
and flowline grades.
65. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered
to the public or other appropriate agency and shall continue in force until the City accepts
or abandons such offers. All dedications shall be free from all encumbrances as
approved by Public Works.
66. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer
per the latest edition of Caltrans MUTCD standards, shall be included with the street
improvement plans for approval.
67. Vehicular/Traffic Movement Restrictions. The developer shall comply with the following
vehicular movements restrictions:
a. The future access onto Jefferson Avenue shall be restricted to a right-in/right-out
movement.
Prior to Issuance of a Grading Permit
68. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints
per the recorded ECS with any underlying maps related to the subject property.
69. Right -of -Way dedication. Corner property line cut off shall be at the intersection of
Jefferson Avenue and Del Rio Road per Riverside County Standard No. 805.
70. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion
& sediment control plan(s) to be reviewed and approved by Public Works. All plans shall
be coordinated for consistency with adjacent projects and existing improvements
contiguous to the site. The approved plan shall include all final WQMP water quality
facilities and all construction -phase pollution -prevention controls to adequately address
non -permitted runoff. Refer to the City's Engineering & Construction Manual at:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/engineeringconstmanual.htm
71. Erosion & Sediment Control Securities. The developer shall comply with the provisions of
Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and
entering into an agreement to guarantee the erosion & sediment control improvements.
72. NPDES General Permit Compliance. The developer shall obtain project coverage under
the State National Pollutant Discharge Elimination System (NPDES) General Permit for
Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification Number (WDID) issued by the State
Water Resources Control Board (SWRCB);
b. The project's Risk Level (RL) determination number; and
c. The name, contact information and certification number of the Qualified SWPPP
Developer (QSD)
Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's
storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be
generated and submitted to the Board. Throughout the project duration, the SWPPP
shall be routinely updated and readily available (onsite) to the State and City. Review
www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link:
http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml
73. Water Quality Management Pian (WQMP) and O&M Agreement. The developer shall
submit a final WQMP (prepared by a registered professional engineer) with the initial
grading plan submittal, based on the conceptual WQMP from the entitlement process. It
must receive acceptance by Public Works. A copy of the final project -specific WQMP
must be kept onsite at all times. In addition, a completed WQMP Operation and
Maintenance (O&M) Agreement shall be submitted for review and approval. Upon
approval from City staff, the applicant shall record the O&M agreement at the County
Recorder's Office in Temecula. Refer to the WQMP template and agreement link below:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPDES/W
QMP.htm
74. Drainage. All applicable drainage shall be depicted on the grading plan and properly
accommodated with onsite drainage improvements and water quality facilities, which shall
be privately maintained. Alterations to existing drainage patterns or concentration and/or
diverting flows is not allowed unless the developer constructs adequate drainage
improvements and obtains the necessary permissions from the downstream property
owners. All drainage leaving the site shall be conveyed into a public storm drain system,
if possible. The creation of new cross lot drainage is not permitted.
75. Drainage Study. A drainage study shall be prepared by a registered civil engineer and
submitted to Public Works with the initial grading plan check in accordance with City,
Riverside County and engineering standards. The study shall identify storm water runoff
quantities (to mitigate the 100 -year storm event) from the development of this site and
upstream of the site. It shall identify all existing or proposed offsite or onsite, public or
private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to
an adequate outfall capable of receiving the storm water runoff without damage to public
or private property. The study shall include a capacity analysis verifying the adequacy of
all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the
storm water runoff shall be provided as part of development of this project.
76. Floodplain Development. The developer shall comply with the provisions of Title 15,
Chapter 15.12 of the Temecula Municipal Code, the Developer shall demonstrate that the
project complies with this Chapter. A Flood Plain Development Permit is required prior to
issuance of any permit.
77. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be
submitted to Public Works with the initial grading plan submittal. The report shall address
the site's soil conditions and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
78. Letter of Permission/Easement. The developer shall obtain documents (letters of
permission or easements) for any offsite work performed on adjoining properties. The
document's format is as directed by, and shall be submitted to, Public Works for
acceptance. The document information shall be noted on the approved grading plan.
79. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all
street intersections and adjacent to driveways to provide for minimum sight distance and
visibility.
Prior to Issuance of Encroachment Permit(s)
80. Public Utility Agency Work. The developer shall submit all relevant documentation due to
encroaching within City right-of-way; and is responsible for any associated costs and for
making arrangements with each applicable public utility agency.
81. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for
lane closures and detours or other disruptions to traffic circulation; and shall be reviewed
and approved by Public Works. The TCP shall be designed by a registered civil or traffic
engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic
Control Devices (MUTCD) and City standards.
82. Improvement Plans. All improvement plans (including but not limited to street, storm
drain, traffic) shall be reviewed and approved by Public Works.
83. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the
City's Paving Notes.
Prior to Issuance of Building Permit(s)
84. Construction of Street Improvements. All street improvement plans shall be approved by
Public Works. The developer shall start construction of all public and/or private street
improvements, as outlined below, in accordance to the City's General Plan/Circulation
Element and corresponding City standards. All street improvement designs shall provide
adequate right-of-way and pavement transitions per Caltrans' standards to join existing
street improvements.
a. Jefferson Avenue (Major Arterial (4 lanes divided) Highway Standard No. 101 — 100'
R/W) to include installation of paving, curb and gutter, sidewalk, streetlights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
b. Del Rio Road (Collector (2 lanes undivided) Standard No. 103A — 78' R/W) to include
installation paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and
striping and utilities (including but not limited to water and sewer).
85. Street Lights. The developer shall submit a completed SCE street light application, an
approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a
building permit, this shall be done prior to installation of additional street lighting. All
costs associated with the relocation of any existing street lights shall be paid by the
developer.
86. Certifications. Certifications are required from the registered civil engineer -of -record
certifying the building pad elevation(s) per the approved plans and from the soil's
engineer -of -record certifying compaction of the building pad(s).
Prior to Issuance of a Certificate of Occupancy
87. Completion of Improvements. The developer shall complete all work per the approved
plans and Conditions of Approval to the satisfaction of the City Engineer. This includes
all on site work (including water quality facilities), public improvements and the executed
WQMP Operation and Maintenance agreement.
88. Utility Agency Clearances. The developer shall receive written clearance from applicable
utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the
completion of their respective facilities and provide to Public Works.
89. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or
broken during development shall be repaired or removed and replaced to the satisfaction
of Public Works. Any survey monuments damaged or destroyed shall be reset per City
Standards by a qualified professional pursuant to the California Business and
Professional Code Section 8771.
90. Certifications. All necessary certifications and clearances from engineers, utility
companies and public agencies shall be submitted as required by Public Works.
BUILDING AND SAFETY DIVISION
General Requirements
91. Final Building and Safety Conditions. Final Building and Safety conditions will be
addressed when building construction plans are submitted to Building and Safety for
review. These conditions will be based on occupancy, use, the California Building Code
(CBC), and related codes which are enforced at the time of building plan submittal.
92. Compliance with Code. All design components shall comply with applicable provisions of
the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013
California Electrical Code; California Administrative Code, 2013 California Energy Codes,
2013 California Green Building Standards, California Title 24 Disabled Access
Regulations, and City of Temecula Municipal Code.
93. Disabled Access. Applicant shall provide details of all applicable disabled access
provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the main entrance of the building.
c. Van accessible parking located as close as possible to the main entry.
d. Path of accessibility from parking to furthest point of improvement.
e. Path of travel from public right-of-way to all public areas on site, such as club house,
trash enclose tot lots and picnic areas.
94. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan
review, a complete exterior site lighting plan showing compliance with County of Riverside
Mount Palomar Ordinance Number 655 for the regulation of Tight pollution. All streetlights
and other outdoor lighting shall be shown on electrical plans submitted to the Building
and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly
upon adjoining property or public rights-of-way.
95. Street Addressing. Applicant must obtain street addressing for all proposed buildings by
requesting street addressing and submitting a site plan for commercial or multi -family
residential projects or a recorded final map for single-family residential projects.
96. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified
School District shall be submitted to the Building and Safety Department to ensure the
payment or exemption from School Mitigation Fees.
97. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and
permit approvals prior to commencement of any construction work.
98. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light
standards, and any block walls will require separate approvals and permits.
99. Demolition. Demolition permits require separate approvals and permits.
100. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits.
101. Hours of Construction. Signage shall be prominently posted at the entrance to the
project, indicating the hours of construction, as allowed by the City of Temecula Municipal
Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The
permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m.
No work is permitted on Sundays and nationally recognized Government Holidays.
102. House Electrical Meter. Provide a house electrical meter to provide power for the
operation of exterior lighting, irrigation pedestals and fire alarm systems for each building
on the site. Developments with single user buildings shall clearly show on the plans how
the operation of exterior lighting and fire alarm systems when a house meter is not
specifically proposed.
At Plan Review Submittal
103. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a. An electrical plan including load calculations and panel schedule, plumbing
schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section
1207, of the 2013 edition of the California Building Code.
c. A precise grading plan to verify accessibility for persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of the building
and the truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
104. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately
from the building plans, shall be submitted to Building and Safety for review and approval.
105. Demolition Permits. A demolition permit shall be obtained if there is an existing structure
to be removed as part of the project.
Prior to Issuance of Building Permit(s)
106. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate
stamp of a registered professional with original signature on the plans.
Prior to Beginning of Construction
107. Pre -Construction Meeting. A pre -construction meeting is required with the building
inspector prior to the start of the building construction.
FIRE PREVENTION
General Requirements
108. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant
distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'/2" outlets) shall
be located on fire access roads and adjacent public streets. For all Commercial projects
hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant. The
required fire flow shall be available from any adjacent hydrant(s) in the system, both
public and private for this project. Verification from Rancho California Water Agency will
be required to ensure that the required fire flow will be met with the existing public fire
hydrants and proposed private fire hydrants. If fire flow cannot be met, then additional fire
hydrants may be required. (CFC Appendix C and Temecula City Ordinance 15.16.020)
109. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the
facility or building hereafter constructed or moved into or within the jurisdiction is more
than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route
around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the fire code official. (CFC Chapter 5)
110. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when
building plans are reviewed by the Fire Prevention Bureau. These conditions will be
based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
111. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
remodel or construction of all commercial buildings per CFC Appendix B. The developer
shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI
residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as
given above has taken into account all information as provided. (CFC Appendix B and
Temecula City Ordinance 15.16.020)
Prior to Issuance of Grading Permit(s)
112. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed
width of not less than 24 feet and an unobstructed vertical clearance of not Tess than 13
feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020).
113. Two Point Access. This development shall maintain two points of access, via all-weather
surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5).
114. All Weather Access Roads. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be with a surface to
provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a
minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building
construction, all locations where structures are to be built shall have fire apparatus
access roads. (CFC Chapter 5 and City Ordinance 15.16.020)
115. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not
exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020).
116. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed
width of not less than 24 feet and an unobstructed vertical clearance of not less than 13
feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020).
117. Fire Dept. Turnaround. Dead end roadways and streets in excess of 150 feet which have
not been completed shall have a turnaround capable of accommodating fire apparatus
(CFC Chapter 5 and City Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
118. Required Submittals (Fire Underground Water). The developer shall furnish three copies
of the water system plans to the Fire Prevention Bureau for approval prior to installation
for all private water systems pertaining to the fire service loop. Plans shall be signed by a
registered civil engineer, contain a Fire Prevention Bureau approval signature block, and
conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic
calculations will be required with the underground submittal to ensure fire flow
requirements are being met for the on-site hydrants. The plans must be submitted and
approved prior to building permit being issued (CFC Chapter 33 and Chapter 5).
119. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to
the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted
by the installing contractor to the Fire Prevention Bureau. These plans must be
submitted prior to the issuance of building permit.
120. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the
installing contractor to the Fire Prevention Bureau. The fire alarm system is required to
have a dedicated circuit from the house panel. These plans must be submitted prior to
the issuance of building permit.
Prior to Issuance of Certificate of Occupancy
121. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
122. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum
of six feet in height and be located to the right side of the fire riser sprinkler room (CFC
Chapter 5).
123. Addressing. New buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12 -inch numbers with suite
numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch
high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City
Ordinance 15.16.020).
124. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a
site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter
5).
POLICE DEPARTMENT
General Requirements
125. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings
are kept at a height of no more than three feet or below the ground floor window sills.
Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from
breaking into the buildings utilizing lower level windows.
126. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be
kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act
as a natural ladder, the branches must be pruned to have a six-foot clearance from the
buildings.
127. Berm Height. Berms shall not exceed three feet in height.
128. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after
hours of darkness and in compliance with Title 24, Part 6, of the California Code of
Regulations.
129. Exterior Door Lighting. All exterior doors shall have a vandal resistant Tight fixture
installed above the door. The doors shall be illuminated with a minimum one -foot candle
illumination at ground level, evenly dispersed.
130. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall
mounted light fixtures to provide sufficient lighting during hours of darkness.
131. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the
Governor's order to address the power crisis. This order became effective March 18,
2001 calling for a substantial reduction from businesses to cut usage during
non -business hours. The order, in part, states, "All California retail establishments,
including, but not limited to, shopping centers, auto malls and dealerships, shall
substantially reduce maximum outdoor lighting capability during non -business hours
except as necessary for the health and safety of the public, employees or property."
Failure to comply with this order following a warning by law enforcement officials shall be
punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title
24, Part 6, of the California Code of Regulations.
132. Commercial or Institution Grade Hardware. All doors, windows, locking mechanisms,
hinges, and other miscellaneous hardware shall be commercial or institution grade.
133. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or
painted over within 24 hours of being discovered. Report all such crimes to the Temecula
Police 24-hour dispatch Center at (951) 696 -HELP.
134. Alarm System. Upon completion of construction, the buildings shall have a monitored
alarm system installed and monitored 24 hours a day by a designated private alarm
company to notify the Temecula Police Department of any intrusion. All multi -tenant
offices/suites/businesses located within a specific building shall have their own alarm
system. This condition is not applicable if the business is opened 24/7.
135. Roof Hatches. All roof hatches shall be painted "International Orange."
136. Rooftop Addressing. The construction plans shall indicate the application of painted
rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced
nine inches apart. The numerals shall be painted with a standard nine -inch paint roller
using fluorescent yellow paint applied over a contrasting background. The address shall
be oriented to the street and placed as closely as possible to the edge of the building
closest to the street.
137. Public Telephones. Any public telephones located on the exterior of the buildings shall
be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to
deter loitering. This feature is not required for public telephones installed within the
interior of the buildings.
138. Disable Parking. All disabled parking stalls on the premises shall be marked in
accordance with Section 22511.8 of the California Vehicle Code.
139. Employee Training. Employee training regarding retail/credit card theft, citizens' arrest
procedures, personal safety, business security, shoplifting or any other related crime
prevention training procedures is also available through the Crime Prevention Unit.
140. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply
with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in
Public Prohibited.
141. Crime Prevention Through Environmental Design. Crime prevention through
environmental design as developed by the National Crime Prevention Institute (NCPI)
supports the concept that "the proper design and effective use of the built environment
can lead to a reduction in the fear and incidence of crime and an improvement in the
quality of life." The nine primary strategies that support this concept are included as
conditions below: a. Provide clear border definition of controlled space. Examples of
border definition may include fences, shrubbery or signs in exterior areas. Within a
building, the arrangement of furniture and color definition can serve as a means of
identifying controlled space. b. Provide clearly marked transitional zones. Persons need
to be able to identify when they are moving from public to semi-public to private space. c.
Gathering or congregating areas to be located or designated in locations where there is
good surveillance and access control. d. Place safe activities in unsafe locations. Safe
activities attract normal users to a location and subsequently render the location less
attractive to abnormal users due to observation and possible intervention. e. Place unsafe
activities in safe locations. Placing unsafe activities in areas of natural surveillance or
controlled access will help overcome risk and make the users of the areas feel safer. f.
Redesign the use of space to provide natural barriers. Separate activities that may
conflict with each other (outdoor basketball court and children's play area, for example)
by distance, natural terrain or other functions to avoid such conflict. g. Improve
scheduling of space. The timing in the use of space can reduce the risk for normal users
and cause abnormal users to be of greater risk of surveillance and intervention. h.
Redesign space to increase the perception of natural surveillance. Abnormal users need
to be award of the risk of detection and possible intervention. Windows and clear
lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance
and isolation. This strategy may be accomplished through improved communications
(portable two-way radios, for example) and design efficiencies, such as the location of
restrooms in a public building.
142. Business Security Survey. Businesses desiring a business security survey of their
location can contact the Crime Prevention and Plans Unit of the Temecula Police
Department at (951) 695-2773.
143. Questions Regarding Conditions. Any questions regarding these conditions should be
directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)
695-2773.
WARREN D. WILLIAMS
General Manager -Chief Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
July 29, 2015
City of Temecula
Planning Department
Post Office Box 9033
Temecula, California 92589-9033
Attention: Eric Jones
Ladies and Gentlemen: Re: PA 15-0520
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 951.788.9965
www.rcflood.org
171788
AUG - 4 2015
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The
District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard
reports for such cases. District commentslreconunendations for such cases are normally limited to items of specific interest
to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which
could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees
(development mitigation fees). In addition, information of a general nature is provided.
The District has not reviewed the proposed project in detail and the following comment(s) do not in any way constitute or
imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any
other such issue:
1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of
regional interest proposed.
2. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan
for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order
only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at
the rate in effect at the time of issuance of the actual permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has
determined that the project has been granted a permit or is shown to be exempt.
If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should
require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements,
and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading,
recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy.
If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a
Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit
from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt
from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local
California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
Very truly yours,
HENRY OLIVO
Engineering Project Manager
e: Riverside County Planning Department
Attn: Kristi Lovelady
SKM:blm
Board of Directors
President
Randy A. Record
Vice President
David J. Slawson
Directors
Joseph J. Kuebler, CPA
Philip E. Paule
Ronald W. Sullivan
General Manager
Paul D. Jones II, P.E.
Treasurer
Joseph J. Kuebler, CPA
Chairman of the Board,
The Metropolitan Water
District of So. Calif
Randy A. Record
Legal Counsel
Lemieux & O'Neill
EASTERN MUNICIPAL
WATER DISTRICT
July 30, 2015
EMPIRE DESIGN GROUP
24861 WASHINGTON AVE
MURRIETA, CA 92562
Dear EMPIRE DESIGN GROUP:
Re: SAN53 — Will Serve APN 921-060-006 — Uptown Jefferson Auto Spa
Eastern Municipal Water District (EMWD) is willing to provide sewer service to
the subject project. The provisions of service are contingent upon the developer
completing the necessary arrangements in accordance with EMWD rules and
regulations. EMWD expects the developer to provide proper notification when a
water demand assessment is required pursuant to Senate Bill 221 and/or 610.
EMWD expects the developer to coordinate with the approving agency for the
proper notification. Further arrangements for the service from EMWD may also
include plan check, facility construction, inspection, jurisdictional annexation, and
payment of financial participation charges. The developer is advised to contact
EMWD's New Business Development Department early in the entitlement
process to determine the necessary arrangements for service, and to receive
direction on the preparation of a facility Plan -of -Service, which is required prior to
final engineering.
EMWD's ability to serve is subject to limiting conditions, such as regulatory
requirements, legal issues, or conditions beyond EMWD's control.
Expiration - one year from date of issue
Thank you for your cooperation in serving our mutual customers. If you have
any questions, please call me at (951) 928-3777, extension 4309.
Sincerely,
'
Edmund Chew
Civil Engineering Associate II
New Business Development
Eastern Municipal
Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177
Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org
s- 31'\
SECTION A -A
dun
SECTION B-!
SP•PIPL:
7
1
'SITE DATA
IP •,1111C1010.1 II
.,...r,..!,a. o,
RM. Ylrnrrgir
, ...n-. u. r.„.. ...
▪ P..1...00,1
,!_..v. .. ..6.C...
..n ar.
Prer01.•41. 11,01
e cNon cal an IS41212.,•1111V/rr.,
LEQALDESCRIPRIQN
.e n..r. xrM' YI"+Y+l CC *OS WAY. •.•
int
-- 4 "_ "'!
a.a.n�in o-Fwar :.uu 4.7=
ARCtCTU
HITjAL SITE PLAN --
I
JEFFERSON A1VENUE-
_ j~
ENLARGED VICINITY MAP
SECTION C -C
tan a/M-e-r
VICINITY MAP
1,0
PROJECT OWNER / APPLICANT
4,04142 e:.a.•
0,0104, n"...Nap
ARCHITECTS u PPLI AP.I SAEP.
P.1.011,110,00Cgie aatt •:0 Pr,
. n.x..r
....r. CO .0.10P, 02.11.21. Cr...0
... Im....
eta ..a.r. rs.Jy•
IP:.
PROJECT
CT TEAM x "SS!lt.'IG
D RAWING INOEII
rt.., .e.,
MAP CDFIACI ,:«000,,.;0
•noa u.o.�c n...: on..rr
A 21 100.10.00/.113,0
EMPIRE
1)I SIGN
C R l) lI1'
WAYNE
"BUZ"
KNYAL
a
• w
n
OZrn
Q Z 177`
Z
tn0v
w O
ti w w
h
oC
N
a_
ma war.- Imo
COW 0121
a m
AS L,
1�1
est. 11t1[-11 iFORNI.t 11.1 if,), J)f5 fttlf
Board of Directors
John E. Hoagland
President
James "Stew" Stewart
Sr Vice President
Stephen J. Corona
Ben R. Drake
Lisa D. Herman
William E. Plummer
Roger C. Ziemer
Officers
Matthew G. Stone
General Manager
Richard S. Williamson, P.F.
Assistant General Manager
.Jeffrey D. Armstrong
CFO/Treasurer
Fred F. Edgeromb, MPA
Director of Operations &
Maintenance
Andrew L. Webster, P.E.
Chief Engineer
Kelli E. Garcia
District Secretary
James B. Gilpin
Best Best & Krieger LLP
General Counsel
August 13, 2015
Eric Jones
City of Temecula
41000 Main Street
Temecula, CA 92590
SUBJECT: WATER AVAILABILITY
UPTOWN JEFFERSON AUTO SPA
28111 JEFFERSON AVENUE; CASE/PLAN NUMBER
PA15-0520; LOT NO. 9 OF TRACT MAP NO. 3751; APN
921-060-006 [AGRICARE PROPERTIES, LLC]
Dear Mr. Jones:
Please be advised that the above -referenced project/property is located within
the service boundaries of Rancho California Water District (RCWD/District).
The subject project/property fronts an existing 16 -inch diameter water pipeline
(1305 Pressure Zone) within Del Rio Road, and an existing 24 -inch diameter
water pipeline (1305 Pressure Zone) within Jefferson Avenue.
Water service to the subject project/property exists (under Account No.
3004247, Location No. 2003346). Additions or modifications to water service
arrangements are subject to the Rules and Regulations (governing) Water
System Facilities and Service, as well as the completion of financial
arrangements between RCWD and the property owner.
Where private on-site water facilities (for water service, fire service, irrigation,
or other purpose) will cross or will be shared amongst multiple lots/project units
(only by special variance of the Rules and Regulations), and/or where such
`common' facilities will be owned and maintained by a Property Owners'
Association, RCWD requires execution and recordation of a Reciprocal
Easement and Maintenance Agreement or equivalent document of covenants,
codes, and restrictions.
Water availability is contingent upon the property owner(s) signing an Agency
Agreement that assigns water management rights, if any, to RCWD. In
addition, water availability is subject to water supply shortage contingency
measures in effect (pursuant to RCWD's Water Shortage Contingency Plan
or other applicable ordinances and policy), and/or the adoption of a
required Water Supply Assessment for the development, as determined by
the Lead Agency.
Rancho California Water District
12135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6500
Letter to Eric Jones/City of Temecula
August 13, 2015
Page Two
In accordance with Resolution 2007-10-5, the project/property will be required to use recycled
water for all landscape irrigation, which should be noted as a condition for any subsequent
development plans. Recycled water service, therefore, would be available upon construction of
any required on-site and/or off-site recycled water facilities and the completion of financial
arrangements between RCWD and the property owner. Requirements for the use of recycled
water are available from RCWD.
As soon as feasible, and prior to the preparation of California Environmental Quality Act
(CEQA) documents, the project proponent should contact RCWD for a determination of existing
water system capability, based upon project -specific demands and/or fire flow requirements, as
well as a determination of proposed water facilities configuration . If new facilities are required
for service, fire protection, or other purposes, the project proponent should contact RCWD for an
assessment of project -specific fees and requirements. Please note that separate water meters will
be required for all landscape irrigation.
Sewer service to the subject project/property, if available, would be provided
Municipal Water District. If no sewer service is currently available to
project/property, all proposed waste discharge systems must comply with the
Resources Control Board and/or health department requirements.
If you should have any questions or need additional information, please contact an
Services Representative at the District office at (951) 296-6900.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Kim Kerckhoff
Engineering Services Representative
(:c: Corey Wallace, Engineering Manager-CIP & Development
Phillip Dauben, Associate Engineer
Heath McMahon, Construction Contracts Manager
Corry Smith, Engineering Services Supervisor
Valerie Salampessy, Empire Design Group, Inc.
15\K K: hab030\F450\FEG
by Eastern
the subject
State Water
Engineering
Rancho California Water District
-121:35 Winrhe5ter Road • Post Office Box 901.7 • Temecula. California 92589-901 7 • 1951) 290)9900 • FAX 1951) 296-01410
FECITIANGA CULTURAL RESOURCES
Temecula Band of Luiseno Mission Indians
VIA E -Mail and USPS
Mr. Eric Jones
Associate Planner
City of Temecula
Planning Department
41000 Main Street
Temecula, CA 92590
Post Office. Box 2183 • Temecula, CA 92593
Telephone (951) 308-9295 • Fax (951) 506-9491
August 13, 2015
A1% 1 7 2015
Chairperson:
Mary Bear Magee
Vice Chairperson:
Darlene Miranda
Committee Members:
Evie Gerber
Bridgett Barcello Maxwell
Richard B. Scearce, III
Neal Ibanez
Michael Vasquez
Director:
Gary DuBois
Coordinator:
Paul Macarro
Planning Specialist:
Tuba Ebru Ozdil
Cultural Analyst:
Anna Hoover
Re: Pechanga Tribe Comments Concerning Buz's 3 Minute Carwash Development Plan;
PA15-0520; PA15-0521
Dear Mr. Jones;
This comment letter is submitted by the Pechanga Band of Luiseno Indians (hereinafter,
"the Tribe"), a federally recognized Indian tribe and sovereign government, in response to a request
for information by the City. The Tribe formally requests, pursuant to Public Resources Code
§21092.2, to be notified and involved in the entire CEQA environmental review process for the
duration of the above referenced project (the "Project"). If you have not done so already, please
add the Tribe to your distribution list(s) for public notices and circulation of all documents
pertaining to this Project. The Tribe further requests to be directly notified of all public hearings
and scheduled approvals concerning this Project. Please also incorporate these comments into the
record of approval for this Project.
Tribe submits these comments concerning the Project's potential impacts to cultural
resources and to assist the City in developing appropriate avoidance and preservation standards to
protect and preserve sensitive and important cultural resources that may be impacted by the
proposed Development. The Tribe understands that the site was previously graded and a Notice of
Exemption will be filed; however, because there is no map confirming what areas were graded to
which depth, it is impossible at this stage to determine which sections of the Project was graded
below the 1 -foot level. As such, we request tribal and archaeological monitoring during all
earthmoving activities, excluding concrete and ac paving removal. We also request tribal and
archaeological monitoring during utility trenching for this Project, if it should occur.
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
Pechanga Comment Letter to the City of Temecula
Re: Pechanga Tribe Comments for Buz's 3 Minute Carwash
August 13, 2015
Page 2
PROJECT MITIGATION MEASURES
The Tribe understand that the Property has been subject to previous disturbance, as the
Project site lies within a culturally sensitive area of Payomkawichum territory. The Tribe believes
that there is a possibility for the recovery of subsurface resources during earthmoving activities.
At this time, the Tribe asks that, at a minimum, the City include the following as conditions of
approval.
COA 1 Prior to beginning project construction, the Project Applicant shall retain a
Riverside County qualified archaeological monitor to monitor all ground -disturbing
activities in an effort to identify any unknown archaeological resources. Any newly
discovered cultural resource deposits shall be subject to a cultural resources
evaluation.
COA 2
At least 30 days prior to beginning project construction, the Project Applicant shall
contact the Pechanga Tribe to notify the Tribe of grading, excavation and the
monitoring program, and to develop a Cultural Resources Treatment and
Monitoring Agreement between the Applicant/Developer and the Tribe. The
Agreement shall address the treatment of known cultural resources, the designation,
responsibilities, and participation of professional Native American Tribal monitors
during grading, excavation and ground disturbing activities; project grading and
development scheduling; terms of compensation for the monitors; and treatment
and final disposition of any cultural resources, sacred sites, and human remains
discovered on the site.
COA 3 Prior to beginning project construction, the Project Archaeologist shall file a pre -
grading report with the City of Temecula (if required by the City) to document the
proposed methodology for grading activity observation which will be determined
in consultation with the Pechanga Tribe. Said methodology shall include the
requirement for a qualified archaeological monitor to be present and to have the
authority to stop and redirect grading activities. In accordance with the agreement
required in MM 2, the archaeological monitor's authority to stop and redirect
grading will be exercised in consultation with the Pechanga Tribe in order to
evaluate the significance of any archaeological resources discovered on the
property. Tribal and archaeological monitors shall be allowed to monitor all
grading, excavation and groundbreaking activities, and shall also have the authority
to stop and redirect grading activities.
Pechanga Cultural Resources • Temecula Band of Luiseno Mission Indians
Post Office Box 2183 • Temecula, CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
Pechanga Comment Letter to the City of Temecula
Re: Pechanga Tribe Comments for Buz's 3 Minute Carwash
August 13, 2015
Page 3
COA 4 If human remains are encountered, California Health and Safety Code Section
7050.5 states that no further disturbance shall occur until the Riverside County
Coroner has made the necessary findings as to origin. Further, pursuant to
California Public Resources Code Section 5097.98(b) remains shall be left in place
and free from disturbance until a final decision as to the treatment and disposition
has been made. If the Riverside County Coroner determines the remains to be
Native American, the Native American Heritage Commission must be contacted
within 24 hours. The Native American Heritage Commission must then
immediately identify the "most likely descendant(s)" of receiving notification of
the discovery. The most likely descendant(s) shall then make recommendations
within 48 hours, and engage in consultations concerning the treatment of the
remains as provided in Public Resources Code 5097.98 and the Treatment
Agreement described in MM 2.
COA 5 All cultural materials, that are collected during the grading monitoring program ,
with the exception of sacred items, burial goods and human remains which will be
addressed in the Treatment Agreement required in MM2 shall be tribally curated
according to the current professional repository standards. The collections and
associated records shall be transferred, including title, to the Pechanga Tribe's
curation facility which meets the standards set forth in 36 CRF 79 for federal
repositories. All sacred sites, should they be encountered within the project area,
shall be avoided and preserved as the preferred mitigation, if feasible.
COA 6 If inadvertent discoveries of subsurface archaeological/cultural resources are
discovered during grading, the Developer, the project archaeologist, and the Tribe
shall assess the significance of such resources and shall meet and confer regarding
the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b)
avoidance is the preferred method of preservation for archaeological resources. If
the Developer, the project archaeologist and the Tribe cannot agree on the
significance or the mitigation for such resources, these issues will be presented to
the Planning Director for decision. The Planning Director shall make the
determination based on the provisions of the California Environmental Quality Act
with respect to archaeological resources and shall take into account the religious
beliefs, customs, and practices of the Tribe. Notwithstanding any other rights
available under the law, the decision of the Planning Director shall be appealable
to the Planning Commission and/or City Council.
The Tribe reserves the right to fully participate in the environmental review process, as well
as to provide further comment on the Project's impacts to cultural resources and potential
mitigation for such impacts.
Pechanga Cultural Resources • Temecula Band of Luise& Mission Indians
Post Office Box 2183 • Temecula, CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
Pechanga Comment Letter to the City of Temecula
Re: Pechanga Tribe Comments for Buz's 3 Minute Carwash
August 13, 2015
Page 4
The Pechanga Tribe looks forward to working together with the City of Temecula in
protecting the invaluable Luiseao cultural resources found in the Project area. Please contact me
at 951.770.8113 or at eozdil@pechanga-nsn.gov once you have had a chance to review these
comments. Thank you.
Since
Tuba Ebru Ozdil
Planning Specialist
cc: Pechanga Office of the General Counsel
Pechanga Cultural Resources • Temecula Band ofLuiseno Mission Indians
Post Office Box 2183 • Temecula, CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
PC CONDITIONAL USE PERMIT DRAFT RESOLUTION
PC RESOLUTION NO. 15-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMENDING APPROVAL
OF PLANNING APPLICATION NO. PA15-0521, A
CONDITIONAL USE PERMIT TO ALLOW FOR THE
OPERATION OF AN APPROXIMATELY 4,285 SQUARE
FOOT CAR WASH GENERALLY LOCATED ON THE
NORTHWEST CORNER OF JEFFERSON AVENUE AND
DEL RIO ROAD AT 28111 JEFFERSON AVENUE, AND
MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(APN 921-060-006)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 18, 2015, Lisa Kolieb of Wayne Knyal/Gresham Savage, filed
Planning Application No. PA15-0521, a Conditional Use Permit Application in a manner
in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 18, 2015, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA15-0521 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit, Development Code Section 17.04.010.E
A. The proposed conditional use is consistent with the general plan and the
development code.
The proposed use is permitted by the General Plan and Development Code upon
approval of a Conditional Use Permit.
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Minor Conditional Use Permit - Copy.docx
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures.
The proposed use will be surrounded by Community Commercial, Service
Commercial, and Highway Tourist uses. Therefore, the use is compatible with the
nature, condition and development of adjacent uses, buildings and structures and
the proposed conditional use will not adversely affect the adjacent uses,
buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this development code and
required by the Planning Commission or Council in order to integrate the use with other
uses in the neighborhood.
The site has been reviewed and determined to be adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer
areas, landscaping, and other development features prescribed in the
Development Code and required by the Planning Commission and City Council
in order to integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community.
The conditional use has been reviewed in order to ensure compliance with all
requirements of the Development, Building, and Fire Codes. These codes
contain provisions designed to ensure the health, safety, and general welfare of
the community. No negative impacts are anticipated.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the City Council.
The decision to conditionally approve the applications will be based on
substantial evidence in view of the record as a whole before the City Council.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32, In -Fill Development Projects);
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Minor Conditional Use Permit - Copy.docx
The project is within city limits on a site smaller than 5 acres and has been found
to be consistent with the General Plan and all applicable Zoning regulations. The
project site is a former gas station on a project site surrounded by commercial
development. Utilities are available for the use. The site has no value as habitat
for endangered, rare, or threatened species. The use is allowed in the governing
zoning district upon approval of a Conditional Use Permit and will not result in
any significant effects relating to traffic, noise, air quality, or water quality.
Section 4. Conditions. The Planning Commission of the City of Temecula
recommends approval of Planning Application No. PA15-0521, a Conditional Use
Permit to allow for the operation of an approximately 4,285 square footage car wash
generally located on the northwest corner of Jefferson Avenue and Del Rio Road at
28111 Jefferson Avenue, subject to the Conditions of Approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference.
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Minor Conditional Use Permit - Copy.docx
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 18th day of November, 2015.
Lanae Turley-Trejo, Chairman
ATTEST:
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. was duly and regularly adopted
by the Planning Commission of the City of Temecula at a regular meeting thereof held
on the 18th day of November, 2015, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
X:\Planning\2015\PA15-0520 Buz's 3 Minute Carwash DP\Planning\Hearing\Resolution Minor Conditional Use Permit - Copy.docx
EXHIBIT A
DRAFT CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
Planning Application No.:
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
PLANNING DIVISION
General Requirements
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA15-0521
Uptown Temecula Auto Spa Conditional Use Permit: A Conditional Use
Permit application to allow for the operation of a car wash generally
located on the northwest corner of Jefferson Avenue and Del Rio Road
(APN: 921-060-006) (Related application: Development Plan
PA15-0520)
921-060-006
Commercial
Retail Commercial
Retail Commercial
N/A (Non -Residential Project)
November 18, 2015
November 18, 2017
Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City
with Legal Counsel of the City's own selection from any and all claims, actions, awards,
judgments, or proceedings against the City to attack, set aside, annul, or seek monetary
damages resulting, directly or indirectly, from any action in furtherance of and the
approval of the City, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City, concerning
the Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
2. Expiration. This approval shall be used within two years of the approval date; otherwise,
it shall become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval, or use of a property in conformance with a Conditional Use Permit.
3. Time Extension. The Director of Community Development may, upon an application
being filed prior to expiration, and for good cause, grant a time extension of up to three
(3) one-year extensions of time, one year at a time.
4. Conformance with Approved Pians. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning
Division.
5. Signage Permits. A separate building permit shall be required for all signage.
6. Landscape Maintenance. Landscaping installed for the project shall be continuously
maintained to the reasonable satisfaction of the Director of Community Development. If it
is determined that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the
landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers,
equipment, walls, or other structures.
8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels,
powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain
system or from leaving the property. To ensure compliance with this Condition of
Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not maintain or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
9. Modifications or Revisions. The permittee shall obtain City approval for any modifications
or revisions to the approval of this project.
10. Statement of Operations. The applicant shall comply with their Statement of Operations
dated submitted on April 18, 2015, on file with the Planning Division, unless superseded
by these Conditions of Approval.
11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
12. City Review and Modification of CUP. The City, its Director of Community Development,
Planning Commission, and City Council retain and reserve the right and jurisdiction to
review and modify this Conditional Use Permit (including the Conditions of Approval)
based on changed circumstances. Changed circumstances include, but are not limited
to, the modification of business, a change in scope, emphasis, size of nature of the
business, and the expansion, alteration, reconfiguration or change of use. The
reservation of right to review any Conditional Use Permit granted or approved or
conditionally approved hereunder by the City, its Director of Community Development,
Planning Commission and City Council is in addition to, and not in -lieu of, the right of the
City, its Director of Community Development, Planning Commission, and City Council to
review, revoke or modify any Conditional Use Permit approved or conditionally approved
hereunder for any violations of the conditions imposed on such Conditional Use Permit or
for the maintenance of any nuisance condition or other code violation thereon.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
13. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
FIRE PREVENTION
General Requirements
14. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant
distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall
be located on fire access roads and adjacent public streets. For all Commercial and
multi-family projects hydrants shall be spaced at 350 feet apart, and shall be located no
more than 210 feet from any point on the street or Fire Department access road(s)
frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The fire line may be required to be a looped system. The
upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City
Ordinance 15.16.020).
15. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the
facility or building hereafter constructed or moved into or within the jurisdiction is more
than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route
around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the fire code official. (CFC Chapter 5)
16. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when
building plans are reviewed by the Fire Prevention Bureau. These conditions will be
based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
17. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
remodel or construction of all commercial and residential buildings per CFC Appendix B.
The developer shall provide for this project, a water system capable of delivering 4,000
GPM at 20-PSI residual operating pressure for a 4-hour duration for commercial projects.
The fire flow as given above has taken into account all information as provided. (CFC
Appendix B and Temecula City Ordinance 15.16.020).
Prior to Issuance of Grading Permit(s)
18. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed
width of not less than 24 feet and an unobstructed vertical clearance of not less than 13
feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020).
19. Two Point Access. This development shall maintain two points of access, via all-weather
surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5).
20. All Weather Access Roads. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be with a surface to
provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a
minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building
construction, all locations where structures are to be built shall have fire apparatus
access roads. (CFC Chapter 5 and City Ordinance 15.16.020)
21. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not
exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
22. Required Submittals (Fire Underground Water). The developer shall furnish three copies
of the water system plans to the Fire Prevention Bureau for approval prior to installation
for all private water systems pertaining to the fire service loop. Plans shall be signed by a
registered civil engineer, contain a Fire Prevention Bureau approval signature block, and
conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic
calculations will be required with the underground submittal to ensure fire flow
requirements are being met for the on-site hydrants. The plans must be submitted and
approved prior to building permit being issued (CFC Chapter 33 and Chapter 5).
23. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to
the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted
by the installing contractor to the Fire Prevention Bureau. These plans must be
submitted prior to the issuance of building permit.
24. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the
installing contractor to the Fire Prevention Bureau. The fire alarm system is required to
have a dedicated circuit from the house panel. These plans must be submitted prior to
the issuance of building permit.
Prior to Issuance of Certificate of Occupancy
25. Gates and Access. All manual and electronic gates on required Fire Department access
roads or gates obstructing Fire Department building access shall be provided with the
Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter
5).
26. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
27. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum
of six feet in height and be located to the right side of the fire riser sprinkler room (CFC
Chapter 5).
28. Addressing. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with
their background. Commercial, multi -family residential and industrial buildings shall have
a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size.
All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front
and rear doors. Single family residences and multi -family residential units shall have
4 -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter
5 and City Ordinance 15.16.020).
29. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a
site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter
5).
STATEMENT OF OPERATIONS
UPTOWN TEMECULA AUTO SPA
Statement of Operations
Uptown Temecula Auto Spa is a fully automated car wash which will be supervised by
three employees per shift including a manager or assistant manager and two customer
service attendants. Standard hours of operation will be from 7:00 am until 9:00 pm
seven days per week. Although only 10 parking are required, 19 parking spaces will be
provided, which includes 17 vacuum spaces, including 1 ADA space, and 2 standard
parking spaces for employees. Uptown Temecula Auto Spa will have room to stack
cars at multiple automated attendants with about three to four cars lengths between the
auto attendant and the conveyor entrance. The site is engineered for optimum traffic
flow, with proper turning radii making the customer's approach easy and
unchallenging, capable of cleaning 80 cars per hour or more. Based upon the typical
number of customers at similar locations throughout the United States, the Auto Spa
expects to have an average of 300 customers per day. As a result of the efficiency of
the car wash equipment, the site is engineered to ensure a customer wait time of five
minutes or less—regardless of whether there are two or ten customers in the queue.
The Auto Spa will offer a fully automated Tunnel Wash where customers will
determine what services they want and pay at the automated pay stations, will enter
when the gate opens, progress through the tunnel where the wash services (including
on-line extras) will be performed in 3 minutes or less. Regardless of the wash service or
any extras selected, the wash service takes the same time to deliver. Customers can
then choose to exit the facility or go to the free self-service vacuum stations to vacuum
the interior of their cars. The wash equipment will be a conveyorized, mechanical
system using state-of-the-art friction and high pressure wash equipment. The drying
system will use forced -air drying as well as the new textile drying system. The wash -
solutions will be managed by a computer control, closed-loop process. All aspects of
the sales and delivery process will be controlled by state-of-the-art computer system.
The wash process will be one of application of cleaning surfactants to the vehicle
surface, soil loosening by both friction and high pressure wash equipment; rinsing and
application of surface protectants and then drying.
The Auto Spa uses eco -friendly wash solution specifically formulated to not impact the
environment. The wash solutions consist of soaps, conditioners, and polymer waxes.
All wash solutions will be stored within the equipment room of the car wash and
locked up when the car wash is closed. No hazardous materials will be used or stored
onsite.
2
K437-000 -- 1556724,4
UPTOWN TEMECULA AUTO SPA
Live surveillance cameras will be strategically placed to provide real-time observations
by the home office for both security and operational assistance. State-of-the-art
computer systems will monitor the equipment operation and notify on-site
management and centralized service of any equipment malfunction.
Approval of the Project will benefit the community. The strength and foundation of an
express car wash is the ability to supply a convenient, consistent, fast, easy and
predictable value to its customers. While express car washing is not new, innovations
in equipment, chemicals, cleaning media, and philosophy are. Express washing is a
well-planned and engineered program proven to provide high levels of customer
satisfaction, reduced water usage, "cleaner" water usage and easier operation.
The ruling principle behind the express model is to provide a convenient, low cost,
efficient and high quality car wash, as well as free access to vacuums. Express
customers may opt for "extra" on-line services including tire shine, triple foam, or other
on-line services offered by the automated attendant without experiencing the un -
welcomed, pressured sales pitch of the human sales attendant. Customers whose cars
are filled with sensitive work materials, a sleeping baby, groceries or other items,
which, in a full service car wash would require their removal and/or storage prior to
having their car washed, find the express far less intrusive and a more comfortable
service arrangement.
Exterior and full service car wash models are very different, with express car washes
being comparable to the automated car washes found at many automobile service
stations. With a full service car wash, customers must exit their vehicle and wait in
waiting area while a car wash employee washes and dries their car. Full service car
washes also typically have a separate area for detailing and more specialized wash
services. The full service carwash is complete when all the employees finish touching
the car up at the exit end after the wash process has been completed. Typical wait times
can be around 30 minutes. To the contrary, with an express wash the customer rides
through the wash tunnel in their vehicle, and unless the customer decides to vacuum
the interior of the vehicle in one of the self-service vacuum bays, he or she never leaves
the vehicle. The express wash is completely automated and performed by equipment in
the wash tunnel, and is complete as the vehicle exits the tunnel. Customers who do not
use the vacuum service are in and out in less than 5 minutes.
3
K437-000 -- 1556724 4
NOTICE OF PUBLIC HEARING
Case No:
Applicant:
Proposal:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Environmental:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
PA15-0520 & PA15-0521
Lisa Kolieb
A Development Plan and Conditional Use Permit to allow for the construction and
operation of an approximately 4,285 square foot car wash generally located on the
northwest corner of Jefferson Avenue and Del Rio Road at 28111 Jefferson
Avenue
In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review and a Notice of Exemption will
be adopted in compliance with CEQA (Section 15332, Class 32, In -Fill
Development Projects)
Eric Jones, (951) 506-5115
City of Temecula, Council Chambers
November 18, 2015
6:00 p.m.
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may also be accessed on the City's website —
www.cityoftemecula.orrq. Any Supplemental Material distributed to a majority of the Commission regarding
any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In
addition, such material will be made available on the City's website — www,citvofterTlecula.orq — and will be
available for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Community Development Department, (951) 694-6400.
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: PA15-0520 and PA15-0521
Applicant: Lisa Kolieb
Location: Generally located on the northwest corner of Jefferson Avenue and Del Rio Road
at 28111 Jefferson Avenue
Proposal: A Development Plan and Conditional Use Permit to allow for the construction
and operation of an approximately 4,285 square foot car wash
Environmental Action: In accordance with the California Environmental Quality Act (CEQA),
the proposed project is exempt from further environmental review and
a Notice of Exemption will be adopted in compliance with CEQA
(Section 15332, Class 32, In -Fill Development Projects)
Any person may submit written comments to the City Council before the hearing or may appear
and be heard in support of or opposition to the approval of the project at the time of 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 project application 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 Eric
Jones, City of Temecula Community Development Department, (951) 506-5115.
PLACE OF HEARING
DATE OF HEARING
TIME OF HEARING
City Council Chambers
41000 Main Street
Temecula, California
January 26, 2016
7:00 PM
Item No. 13
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: January 26, 2016
SUBJECT: Review Ordinance No. 16-01 Relating to Section 8.52.060 Providing a Limited
Exemption from Cultivation Prohibition for Qualified Patients
PREPARED BY: Dale West, Associate Planner
RECOMMENDATION: That the City Council review Ordinance No. 16-01 relating to
Section 8.52.060 providing a limited exemption from cultivation prohibition for qualified patients
and provide additional direction to staff as deemed appropriate. If the Council wishes to amend
Section 8.52.060, any such amendment would require the introduction and adoption of a new
ordinance.
BACKGROUND: On January 12, 2016, the City Council held a public hearing to
consider prohibiting the cultivation of medical marijuana in all zoning districts within the City of
Temecula. The initially proposed ordinance did not allow an exemption for qualified patients or
primary caregivers. There were 12 speakers at the public hearing; one speaker spoke in favor of
prohibiting cultivation as proposed, and eleven speakers spoke in favor of allowing limited
exemptions for qualified patients and caregivers.
Following the public hearing, the City Council discussed the medical, social, enforcement and
legal ramifications of allowing a limited exemption for cultivation of marijuana by qualified
patients and caregivers to grow small amounts of marijuana for their own medical use. The City
Attorney provided the City Council with draft language regarding such a limited exemption that
was taken from the County of Riverside's current ordinance prohibiting marijuana cultivation.
The City Council weighed the pros and cons of adding the limited exemption and voted 4-0 to
introduce the ordinance with the limited exemption allowing qualified patients and caregivers to
grow small amounts of marijuana for their own medical use. The City Council requested that
staff bring back the ordinance at the next regularly scheduled meeting to allow for further
discussion of the limited exemption for qualified patients and caregivers as it relates to
protection of public safety.
The limited exception from the prohibition on cultivation of marijuana is contained in Section
8.52.060 of Ordinance No. 16-01. Section 8.52.060 provides:
"8.52.060 - Limited exemption from enforcement.
"A. The City is committed to making efficient and rational use of its limited
investigative and prosecutorial resources. There shall be a limited exemption from
enforcement for violations of this Chapter by primary caregivers and qualified patients for
small amounts of marijuana cultivation for their own medical use in zone classifications
identified Section 17.06.030 on which a single family detached dwelling exists when all
of the following conditions and standards are complied with:
1. The premises shall contain a legally permitted single family detached
dwelling.
2. Cultivation of no more than twelve (12) marijuana plants per qualified
patient. In the event a qualified patient has a primary caregiver cultivating
marijuana plants for the qualified patient, only one primary caregiver may
cultivate no more than twelve (12) marijuana plants for that qualified
patient at any one time. In no circumstances shall a qualified patient have
multiple primary caregivers cultivating marijuana plants for the qualified
patient at the same time.
3. Two (2) qualified patient limit to aggregate marijuana plant count for a
maximum total of twenty-four (24) marijuana plants per premises.
4. At least one qualified patient or one primary caregiver, acting on behalf of
the qualified patient pursuant to subsection A.2., must live on the
premises.
5. All marijuana plants must be reasonably secured to prevent access by
minors or theft, to a standard satisfactory to the enforcement official.
6. All marijuana cultivation outside of any building must be fully enclosed by
an opaque fence at least six feet in height. The fence must be adequately
secured to prevent unauthorized entry. Bushes, hedgerows, plastic
sheeting, tarps, or cloth material shall not constitute an adequate fence
under this subsection. Premises larger than five (5) acres are exempt
from this fencing provision so long as all other standards and conditions
of subsection A. of this section are complied with and any barriers used
are otherwise consistent with this Code.
7 Each building or outdoor area in which the marijuana plants are cultivated
shall be set back at least ten (10) feet from all boundaries of the
premises. Such setback distance shall be measured in a straight line from
the building in which the marijuana plants are cultivated, or, if the
marijuana plants are cultivated in an outdoor area, from the fence
required by subsection A.6., to the boundary line of the premises.
8. The designated marijuana cultivation area must not be visible from any
public right-of-way.
9. If the person cultivating marijuana plants on any premises is not the
owner of the premises, such person shall submit a letter from the
owner(s) consenting to the marijuana cultivation on the parcel. An original
of this letter shall be submitted to and retained by the Community
Development Department. The City shall prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the
parolees or probationers have received written confirmation from the
court that he or she is allowed to use medical marijuana while on parole
or probation pursuant to Health & Safety Code section 11362.795 which
shall be subject to verification by the enforcement official.
11. Qualified patients for whom the marijuana plants are being cultivated shall
have valid medical marijuana identification cards issued by the Riverside
County Department of Public Health. Any primary caregiver cultivating
marijuana plants for a qualified patient shall have a copy of the qualified
patient's valid medical marijuana identification card issued by the
Riverside County Department of Public Health which shall be kept on the
premises.
12. The address for the premises must be posted and plainly visible from the
public right-of-way.
13. The marijuana cultivation shall not be within a building containing two or
more dwelling units.
14. The marijuana cultivation shall not be upon any premises located within
one thousand (1,000) feet of any school, community center, or park.
15. The marijuana cultivation shall not be upon any premises containing a
child care center, church (religious facility), or youth -oriented facility.
"B. Any marijuana cultivation that does not comply with all of the standards and
conditions in subsection A. of this section is a public nuisance and shall be subject to
penalties and abatement as provided in Title 1 and Chapter 8.12 this code. No provision
of Title 1 or Chapter 8.12 shall authorize a criminal prosecution or arrest prohibited by
Health and Safety Code section 11362.71 et seq."
Definition of the terms "child care center," "community center," "school," and "youth oriented
facility" were also added to Section 8.52.030 of Ordinance No. 16-01 in order to make its
provisions compatible with the Temecula Zoning Ordinance:
"'Child care center. Any licensed child care center, daycare center, child care home, or
any preschool."
"'Community center.' Any facility open to the public at which classes, social activities,
recreational activities, educational activities, support and public information are offered
for all residents of the community."
"'School.' An institution of learning for minors, whether public or private, offering a
regular course of instruction required by the California Education Code. This definition
includes a nursery school, kindergarten, elementary school, middle or junior high school,
senior high school, or any special institution of education, but it does not include a home
school, vocational or professional institution of higher education, including a community
or junior college, college, or university."
"'Youth -oriented facility.' Any facility that caters to or provides services primarily intended
for minors, or the individuals who regularly patronize, congregate or assemble at the
establishment are predominantly minors."
This item is returning to the City Council as a result of that request and has been publicly
noticed.
Ordinance 16-01 will be adopted on the Consent Calendar on January 26, 2016. Its adoption
preserves the City's authority to prohibit or regulate the cultivation of marijuana under the
Medical Marijuana Regulation and Safety Act of 2015.
FISCAL IMPACT: None
ATTACHMENTS: 1. Ordinance No. 16-01
2. January 12, 2016 City Council Staff Report
ORDINANCE NO. 16-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE
TO PROHIBIT THE CULTIVATION OF MARIJUANA IN
THE CITY, AMENDING THE ZONING ORDINANCE TO
PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES,
AMENDING THE DEFINITION OF ENFORCEMENT
OFFICIAL AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO CEQA GUIDELINES,
SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the
Temecula Municipal Code to read as follows:
CHAPTER 8.52 - MARIJUANA CULTIVATION
8.52.010 Findings and purpose.
The City Council finds and declares the following:
A. In 1996, the voters of the State of California approved Proposition 215
(codified as California Health and Safety Code section 11362.5, and
entitled "The Compassionate Use Act of 1996").
B. The intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to use it without fear of criminal
prosecution under limited, specified circumstances. The proposition further
provides that "nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that endangers
others, or to condone the diversion of marijuana for non-medical
purposes." The ballot arguments supporting Proposition 215 expressly
acknowledged that "Proposition 215 does not allow unlimited quantities of
marijuana to be grown anywhere."
C. In 2004, the Legislature enacted Senate Bill 420 (codified as California
Health and Safety Code sections 11362.7 et seq., and referred to as the
"Medical Marijuana Program") to clarify the scope of Proposition 215, and
to provide qualifying patients and primary caregivers who collectively or
cooperatively cultivate marijuana for medical purposes with a limited
defense to certain specified state criminal statutes. Assembly Bill 2650
1
(2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana
Program to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective" and to
civilly and criminally enforce such ordinances.
D. The Medical Marijuana Regulation and Safety Act was enacted by
Chapters 688, 698 and 719 of the Statutes of 2015 and is found at
Chapter 3.5 of Division 8 of the Business and Professions Code. While
the Act establishes standards for the licensed cultivation of medical
marijuana, including, but not limited to, the establishment of uniform state
minimum health and safety standards, and testing standards, the state
requirements established under the Medical Marijuana Regulation and
Safety Act authorize a city to prohibit all cultivation of medical marijuana.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that
"[n]othing in the CUA or the MMP expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use
of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal.
App.4th 975, the Court of Appeal held that "there is no right—and certainly
no constitutional right—to cultivate medical marijuana..." The Court in
Maral affirmed the ability of a local governmental entity to prohibit the
cultivation of marijuana under its land use authority.
F. In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the
California Court of Appeal found that the CUA does not confer a right to
cultivate marijuana and that an ordinance limiting the number of medical
marijuana plants that may be grown outside, precluding marijuana
cultivation within 1000 feet of schools, parks, and churches, and requiring
that an opaque fence of at least six feet to be installed around all
marijuana grows was not preempted by state law. Further, in Maral the
Court of Appeal held that the CUA and the MMP do not preempt a city's
police power to completely prohibit the cultivation of all marijuana within
that City.
G. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or
other substance that has a high potential for abuse, that has no currently
accepted medical use in treatment in the United States, and that has not
been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful, under federal law, for any
person to cultivate, manufacture, distribute or dispense, or possess with
intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for the cultivation,
manufacture, distribution, dispensation, or possession of marijuana for
medical purposes.
2
H. Marijuana cultivation in the City can adversely affect the health, safety,
and well-being of City residents, visitors and workers. Prohibition of
marijuana cultivation in the City is proper and necessary to avoid the risks
of criminal activity, degradation of the natural environment, malodorous
smells, and indoor electrical fire hazards that may result from unregulated
marijuana cultivation, and that are especially significant if the amount of
marijuana cultivated on a single premises is not regulated and substantial
amounts of marijuana are thereby allowed to be concentrated in one
place.
1. The justification for regulating or banning marijuana cultivation pursuant to
the City's police power includes, but is not limited to: 1) The increased risk
to public safety, based on the value of marijuana plants and the
accompanying threat of break-ins, robbery and theft, and attendant
violence and injury; 2) the strong "skunk like" malodorous fumes emitted
from mature plants which can interfere with the use and enjoyment of
neighboring properties by their occupants; and 3) the potential for theft
and use by school age children where medical marijuana is cultivated in a
visible location, particularly where such location is close to schools.
J. Marijuana cultivation at locations or premises within one thousand feet of
schools, parks, and community centers creates unique risks that the
marijuana plants may be observed by minors, and therefore be especially
vulnerable to theft or recreational consumption by minors. Further, the
potential for criminal activities associated with marijuana cultivation in
such locations poses heightened risks that minors will be involved or
endangered. Therefore, any amount of marijuana cultivation in such
locations or premises is especially hazardous to public safety and welfare,
and to the protection of children and the person(s) cultivating the
marijuana plants.
K. As recognized by the Attorney General's August 2008 Guidelines for the
security and non -diversion of marijuana grown for medical use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or
businesses may be negatively impacted by nuisance activity such as
loitering or crime.
L. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program and the Medical
Marijuana Regulation and Safety Act does not confer a land use right or
the right to create or maintain a public nuisance.
8.52.020 Authority.
This ordinance is adopted pursuant to the authority granted by Article XI, section
7 of the California Constitution, Health and Safety Code section 11362.83,
3
Government Code sections 25845 and 53069.4, the Medical Marijuana
Regulation and Safety Act, and other applicable law.
8.52.030 Definitions.
The terms used in this Chapter shall have the definitions provided in Section
17.34.010 of this Code unless otherwise specified. As used in this Chapter the
following specific terms shall have the following meanings:
A. "Child care center." Any licensed child care center, daycare center, child
care home, or any preschool.
B. "Community center." Any facility open to the public at which classes,
social activities, recreational activities, educational activities, support and
public information are offered for all residents of the community.
C. "Marijuana cultivation." The planting, growing, harvesting, drying,
processing, or storage of one or more marijuana plants or any part thereof
in any location, indoor or outdoor, fixed or mobile, for medical or other
uses, including from within a fully enclosed and secure building.
D. "Primary caregiver." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
E. "Qualified patient." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
F. "School." An institution of learning for minors, whether public or private,
offering a regular course of instruction required by the California Education
Code. This definition includes a nursery school, kindergarten, elementary
school, middle or junior high school, senior high school, or any special
institution of education, but it does not include a home school, vocational
or professional institution of higher education, including a community or
junior college, college, or university.
G. "Youth -oriented facility." Any facility that caters to or provides services
primarily intended for minors, or the individuals who regularly patronize,
congregate or assemble at the establishment are predominantly minors.
8.52.040 Prohibitions on marijuana cultivation—Nuisance declared.
Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or
other uses, is prohibited on all parcels, all zones, and all specific plan areas in
the City and is hereby declared to be unlawful and a public nuisance. No person
owning, renting, leasing, occupying or having charge or possession of any parcel
shall cause or allow such parcel to be used for marijuana cultivation. The
foregoing prohibition shall be imposed regardless of the number of qualified
patients or primary caregivers residing at the premises or participating directly or
4
indirectly in the cultivation. Further, this prohibition shall be imposed
notwithstanding any assertion that the person or persons cultivating marijuana
are the primary caregiver or caregivers for qualified patients or that such person
or persons are collectively or cooperatively cultivating marijuana.
8.52.050 Abatement of unlawful marijuana cultivation. Violations of this
Chapter shall be subject to penalties and abatement as provided in Title 1 and
Chapter 8.12 this code. No provision of Title 1 or Chapter 8.12 shall authorize a
criminal prosecution or arrest prohibited by Health and Safety Code section
11362.71 et seq.
8.52.060 - Limited exemption from enforcement.
A. The City is committed to making efficient and rational use of its limited
investigative and prosecutorial resources. There shall be a limited exemption
from enforcement for violations of this Chapter by primary caregivers and
qualified patients for small amounts of marijuana cultivation for their own medical
use in zone classifications identified Section 17.06.030 on which a single family
detached dwelling exists when all of the following conditions and standards are
complied with:
1. The premises shall contain a legally permitted single family
detached dwelling.
2. Cultivation of no more than twelve (12) marijuana plants per
qualified patient. In the event a qualified patient has a primary caregiver
cultivating marijuana plants for the qualified patient, only one primary
caregiver may cultivate no more than twelve (12) marijuana plants for that
qualified patient at any one time. In no circumstances shall a qualified
patient have multiple primary caregivers cultivating marijuana plants for
the qualified patient at the same time.
3. Two (2) qualified patient limit to aggregate marijuana plant count for
a maximum total of twenty-four (24) marijuana plants per premises.
4. At least one qualified patient or one primary caregiver, acting on
behalf of the qualified patient pursuant to subsection A.2., must live on the
prem ises.
5. All marijuana plants must be reasonably secured to prevent access
by minors or theft, to a standard satisfactory to the enforcement official.
6. All marijuana cultivation outside of any building must be fully
enclosed by an opaque fence at least six feet in height. The fence must be
adequately secured to prevent unauthorized entry. Bushes, hedgerows,
plastic sheeting, tarps, or cloth material shall not constitute an adequate
fence under this subsection. Premises larger than five (5) acres are
exempt from this fencing provision so long as all other standards and
5
conditions of subsection A. of this section are complied with and any
barriers used are otherwise consistent with this Code.
7. Each building or outdoor area in which the marijuana plants are
cultivated shall be set back at least ten (10) feet from all boundaries of the
premises. Such setback distance shall be measured in a straight line from
the building in which the marijuana plants are cultivated, or, if the
marijuana plants are cultivated in an outdoor area, from the fence required
by subsection A.6. to the boundary line of the premises.
8. The designated marijuana cultivation area must not be visible from
any public right-of-way.
9. If the person cultivating marijuana plants on any premises is not the
owner of the premises, such person shall submit a letter from the owner(s)
consenting to the marijuana cultivation on the parcel. An original of this
letter shall be submitted to and retained by the Community Development
Department. The City shall prescribe forms for such letters.
10. Parolees or probationers shall not live on the premises unless the
parolees or probationers have received written confirmation from the court
that he or she is allowed to use medical marijuana while on parole or
probation pursuant to Health & Safety Code section 11362.795 which shall
be subject to verification by the enforcement official.
11. Qualified patients for whom the marijuana plants are being
cultivated shall have valid medical marijuana identification cards issued by
the Riverside County Department of Public Health. Any primary caregiver
cultivating marijuana plants for a qualified patient shall have a copy of the
qualified patient's valid medical marijuana identification card issued by the
Riverside County Department of Public Health which shall be kept on the
prem ises.
12. The address for the premises must be posted and plainly visible
from the public right-of-way.
13. The marijuana cultivation shall not be within a building containing
two or more dwelling units.
14. The marijuana cultivation shall not be upon any premises located
within one thousand (1,000) feet of any school, community center, or park.
15. The marijuana cultivation shall not be upon any premises
containing a child care center, church (religious facility), or youth -oriented
facility.
B. Any marijuana cultivation that does not comply with all of the standards
and conditions in subsection A. of this section is a public nuisance and shall be
6
subject to penalties and abatement as provided in Title 1 and Chapter 8.12 this
code. No provision of Title 1 or Chapter 8.12 shall authorize a criminal
prosecution or arrest prohibited by Health and Safety Code section 11362.71 et
seq.
8.52.070 Abatement of Other Nuisances. Nothing in this Chapter shall
be construed as a limitation on the City's authority to abate any nuisance which
may otherwise exist from the planting, growing, harvesting, drying, processing or
storage of marijuana plants or any part thereof from any location, indoor or
outdoor, including from within a fully enclosed and secure building.
Section 2. Residential Zoning Prohibition. Section 17.06.030, Use
Regulations, and Table 17.06.030, Residential Districts, are hereby amended to
provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited
use in all residential zones except as provided in Section 8.52.060.
Section 3. Commercial, Office, Industrial Zoning Prohibition. Section
17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses
Commercial/Office/Industrial Districts, are hereby amended to provide that
"marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all
commercial, office and industrial zones.
Section 4. Open Space Zoning Prohibition. Section 17.14.030, Use
Regulations, and Table 17.14.030, Schedule of Permitted Uses Open Space, are
hereby amended to provide that "marijuana cultivation," as defined in Chapter
8.52, is a prohibited use in all open space zones except as provided in Section
8.52.060.
Section 5. Enforcement Official. Section 1.21.020, Definitions, of the
Temecula Municipal Code is hereby amended to read as follows:
1.21.020 Definitions. The following words and phrases, when used in the context
of this Title, shall have the following meanings:
A. "Enforcement official" or "enforcement officials" shall be: (1) Members of
the Riverside County Sheriff's Department or such other police agency
under contract to provide police services to the City; (2) members of the
Riverside County Fire Department or such other fire agency under
contract to provide fire and emergency services to the City; (3) persons
employed by the City whose job descriptions require the person to enforce
the provisions of this Code, including but not limited to directors, senior
planners, code enforcement officers, building inspectors, or park rangers;
and (4) such other employees of the City as may be designated by
resolution of the City Council.
7
B. "Legal interest" means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien,
mechanic's lien or other similar instrument, which is recorded with the
county recorder.
C. "Responsible person" means any person whom an enforcement official
determines is responsible for causing or maintaining a violation of the
code. The term "responsible person" includes but is not limited to a
property owner, tenant, person with a legal interest in real property, or
person in possession of real property.
Section 6. CEQA Findings. The City Council finds that the adoption of the
proposed ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California
Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen
with certainty that there is no possibility that the adoption of this ordinance will
have a significant effect on the environment. The ordinance bans the growing of
marijuana. Placing such a restriction on the use of property will not result in a
permanent alteration of property nor the construction of any new or expanded
structures. The adoption of this Ordinance imposes greater limitations on uses
allowed in the City and therefore will eliminate adverse environmental impacts.
8
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2016.
Michael S. Naggar, 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 Ordinance No. 16-01 was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 12th day of January, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 26th day of January, 2016, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
9
Randi Johl, City Clerk
LApprovals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: January 12, 2016
SUBJECT: Introduce a Citywide Ordinance Prohibiting the Cultivation of Marijuana Within
the City of Temecula
PREPARED BY: Dale West, Associate Planner
RECOMMENDATION: That the City Council introduce and read by title only an ordinance
entitled:
ORDINANCE NO. 16 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO
PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY,
AMENDING THE ZONING ORDINANCE TO PROHIBIT
MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE
DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES, SECTION 15061(B)(3)
SUMMARY OF
ORDINANCE: The proposed Ordinance amends the Temecula Municipal Code,
to add Chapter 8.52, Marijuana Cultivation, prohibiting all marijuana cultivation in the City,
amendment to Sections 17.06.030, 17.080.030 and 17.14.030 of the Zoning Code to prohibit
the cultivation of marijuana in residential, commercial, office, industrial and open space zones in
the City, and an amendment to the definition of enforcement official contained in Section 1.21 of
the Temecula Municipal Code.
BACKGROUND: In 1996, California voters adopted the Compassionate Use Act
("CUA") as a ballot initiative, codified as Health and Safety Code Section 11362.5. The intent of
Proposition 215 was to enable persons who are in need of marijuana for medical purposes to
use it without fear of criminal prosecution under limited, specified circumstances. The
proposition did not supersede legislation prohibiting persons from engaging in conduct that
endangers others, or to condone the diversion of marijuana for non-medical purposes. The
ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215
does not allow unlimited quantities of marijuana to be grown anywhere."
In 2004, Senate Bill 420 referred to as the "Medical Marijuana Program" (MMP), was passed to
clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers
who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense
to certain specified state criminal statutes.
In 2010 and 2011, Assembly Bill 2650 and Assembly Bill 1300 (respectively) amended the
Medical Marijuana Program Act to expressly recognize the authority of counties and cities to
regulate the location, operation, or establishment of a medical marijuana cooperatives or
collectives and to civilly and criminally enforce such ordinances. Since AB 2650 and AB 1300,
the California courts have found that neither the CUA nor the MMP provide medical marijuana
patients with an unfettered right to obtain, cultivate, or dispense marijuana for medical purposes.
Rather, the statutes set up limited defenses to state criminal prosecution.
In 2013, the Court of Appeal decided and published its decision in the case of Maral v. City of
Live Oak, 221 Cal.App.4th 975 (2013). Maral held that cities have authority to prohibit cultivation
of all medical marijuana city-wide. The Maral court similarly found that the CUA and MMP do not
preempt a city's regulatory authority to prohibit all cultivation in the city, if the city so chooses.
The Maral case is a published decision from the Court of Appeal and constitutes legal precedent
upon which cities may rely. The plaintiffs in the Maral case petitioned the California Supreme
Court seeking review and/or depublication of the case. The Supreme Court has declined to take
the case, and it has denied the request for depublication. The decision in the Maral case,
therefore, is final and represents the current law of the State.
In 2015, the Governor signed into law Assembly Bill 243, Assembly Bill 266, and Assembly Bill
643 establishing the Medical Marijuana Regulation and Safety Act ("the Act") effective January
1, 2016. The Act regulates "commercial cannabis activity" which includes
"cultivation, possession, manufacture, processing, storing, laboratory testing, labeling,
transporting, distribution, or sale of medial cannabis or a medical cannabis product." These bills
are designed to impose additional regulatory mechanisms related to medical marijuana. For
example, there will be a dual licensing structure which requires a state and local license or
permit in order to cultivate, dispense or transport medical marijuana. This means that any
person or entity engaged in commercial cannabis activity have both a state license and a local
license or permit, to operate in the state. In other words, if a city prohibits or bans marijuana
dispensaries in its jurisdiction, then the marijuana dispensary will be unable to obtain a state
license for commercial cannabis activity in that city, since the marijuana dispensary is required
to first obtain a local permit, license, or authorization from the city. The Act expressly protects
local licensing practices, zoning ordinances, and local actions taken under a city's constitutional
police power.
The Act allows cities that wish to ban these land use activities to continue to do so; however,
there are critical time constraints. Assembly Bill 243 includes a provision stating that cities that
do not have an ordinance regulating or prohibiting cultivation by March 1, 2016, will lose the
authority to regulate or ban cultivation within their city limits and the state will become the sole
licensing authority.
It should be noted that the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that
has a high potential for abuse, that has no currently accepted medical use in treatment in the
United States, and that has not been accepted as safe for use under medical supervision. The
Federal Controlled Substances Act makes it unlawful, under federal law, for any person to
cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute
or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the
cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical
purposes. The manufacture, distribution, or possession of marijuana remains unlawful and a
federal crime under the Federal Controlled Substance Act (21 U.S.C. §§ 812, 841, 844).
ANALYSIS: In light of the Maral decision and the Act signed by the Governor,
staff was advised by the City Attorney to review its current ordinance and Municipal Code and, if
necessary, draft an ordinance regulating marijuana cultivation within the City limits.
In 2006, the City Council adopted Ordinance No. 06-05, which defines a medical marijuana
dispensary, and prohibits them within the City. After review of Ordinance No. 06-05, staff has
determined that it does not regulate the cultivation of marijuana within the City. As mentioned
before, a city that does not have land use regulations or an ordinance regulating or prohibiting
cultivation of marijuana in effect by March 1, 2016, will lose the authority to regulate or ban
cultivation within its city limits, and the state will become the sole licensing authority. Therefore,
staff is proposing to ban the cultivation of marijuana due to its potential negative secondary
effects and to establish consistency with current City regulations regarding the prohibition of
medical marijuana dispensaries.
On December 16, 2015 the Planning Commission considered the proposed ordinance and
environmental review and adopted a resolution recommending that the City Council approve the
staff recommendation as presented.
ENVIRONMENTAL
FINDINGS: The City Council finds that the adoption of the proposed ordinance
is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant
to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3).
It can be seen with certainty that there is no possibility that the adoption of this ordinance will
have a significant effect on the environment. The ordinance bans the growing of marijuana.
Placing such a restriction on the use of property will not result in a permanent alteration of
property nor the construction of any new or expanded structures. The adoption of this
Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate
adverse environmental impacts.
FISCAL IMPACT: The adoption of the proposed ordinance will have no direct fiscal
impact to the City's General Fund.
ATTACHMENTS:
1. Draft Marijuana Cultivation Ordinance
2. Planning Commission Staff Report
3. Notice of Public Hearing
ORDINANCE NO. 16 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE
TO PROHIBIT THE CULTIVATION OF MARIJUANA IN
THE CITY, AMENDING THE ZONING ORDINANCE TO
PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES,
AMENDING THE DEFINITION OF ENFORCEMENT
OFFICIAL AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO CEQA GUIDELINES,
SECTION 15061(6)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the
Temecula Municipal Code to read as follows:
CHAPTER 8.52 - MARIJUANA CULTIVATION
8.52.010 Findings and purpose.
The City Council finds and declares the following:
A. In 1996, the voters of the State of California approved Proposition 215
(codified as California Health and Safety Code section 11362.5, and
entitled "The Compassionate Use Act of 1996").
B. The intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to use it without fear of criminal
prosecution under limited, specified circumstances. The proposition further
provides that "nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that endangers
others, or to condone the diversion of marijuana for non-medical
purposes." The ballot arguments supporting Proposition 215 expressly
acknowledged that "Proposition 215 does not allow unlimited quantities of
marijuana to be grown anywhere."
C. In 2004, the Legislature enacted Senate Bill 420 (codified as California
Health and Safety Code sections 11362.7 et seq., and referred to as the
"Medical Marijuana Program") to clarify the scope of Proposition 215, and
to provide qualifying patients and primary caregivers who collectively or
cooperatively cultivate marijuana for medical purposes with a limited
defense to certain specified state criminal statutes. Assembly Bill 2650
(2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana
Program to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective" and to
civilly and criminally enforce such ordinances.
D. The Medical Marijuana Regulation and Safety Act was enacted by
Chapters 688, 698 and 719 of the Statutes of 2015 and is found at
Chapter 3.5 of Division 8 of the Business and Professions Code. While
the Act establishes standards for the licensed cultivation of medical
marijuana, including, but not limited to, the establishment of uniform state
minimum health and safety standards, and testing standards, the state
requirements established under the Medical Marijuana Regulation and
Safety Act authorize a city to prohibit all cultivation of medical marijuana.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that
"[n]othing in the CUA or the MMP expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use
of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal.
App.4th 975, the Court of Appeal held that "there is no right—and certainly
no constitutional right—to cultivate medical marijuana..." The Court in
Maral affirmed the ability of a local governmental entity to prohibit the
cultivation of marijuana under its land use authority.
F. In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the
California Court of Appeal found that the CUA does not confer a right to
cultivate marijuana and that an ordinance limiting the number of medical
marijuana plants that may be grown outside, precluding marijuana
cultivation within 1000 feet of schools, parks, and churches, and requiring
that an opaque fence of at least six feet to be installed around all
marijuana grows was not preempted by state law. Further, in Maral the
Court of Appeal held that the CUA and the MMP do not preempt a city's
police power to completely prohibit the cultivation of all marijuana within
that City.
G. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or
other substance that has a high potential for abuse, that has no currently
accepted medical use in treatment in the United States, and that has not
been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful, under federal law, for any
person to cultivate, manufacture, distribute or dispense, or possess with
intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for the cultivation,
manufacture, distribution, dispensation, or possession of marijuana for
medical purposes.
H. Marijuana cultivation in the City can adversely affect the health, safety,
and well-being of City residents, visitors and workers. Prohibition of
marijuana cultivation in the City is proper and necessary to avoid the risks
of criminal activity, degradation of the natural environment, malodorous
smells, and indoor electrical fire hazards that may result from unregulated
marijuana cultivation, and that are especially significant if the amount of
marijuana cultivated on a single premises is not regulated and substantial
amounts of marijuana are thereby allowed to be concentrated in one
place.
I. The justification for regulating or banning marijuana cultivation pursuant to
the City's police power includes, but is not limited to: 1) The increased risk
to public safety, based on the value of marijuana plants and the
accompanying threat of break-ins, robbery and theft, and attendant
violence and injury; 2) the strong "skunk like" malodorous fumes emitted
from mature plants which can interfere with the use and enjoyment of
neighboring properties by their occupants; and 3) the potential for theft
and use by school age children where medical marijuana is cultivated in a
visible location, particularly where such location is close to schools.
J. Marijuana cultivation at locations or premises within one thousand feet of
schools, parks, and community centers creates unique risks that the
marijuana plants may be observed by minors, and therefore be especially
vulnerable to theft or recreational consumption by minors. Further, the
potential for criminal activities associated with marijuana cultivation in
such locations poses heightened risks that minors will be involved or
endangered. Therefore, any amount of marijuana cultivation in such
locations or premises is especially hazardous to public safety and welfare,
and to the protection of children and the person(s) cultivating the
marijuana plants.
K. As recognized by the Attorney General's August 2008 Guidelines for the
security and non -diversion of marijuana grown for medical use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or
businesses may be negatively impacted by nuisance activity such as
loitering or crime.
L. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program and the Medical
Marijuana Regulation and Safety Act does not confer a land use right or
the right to create or maintain a public nuisance.
8.52.020 Authority.
This ordinance is adopted pursuant to the authority granted by Article XI, Section
7 of the California Constitution, Health and Safety Code Section 11362.83,
Government Code Sections 25845 and 53069.4, the Medical Marijuana
Regulation and Safety Act, and other applicable law.
8.52.030 Definitions.
The terms used in this Chapter shall have the definitions provided in Section
17.34.010 of this Code unless otherwise specified. As used in this Chapter the
following specific terms shall have the following meanings:
A. "Marijuana cultivation." The planting, growing, harvesting, drying,
processing, or storage of one or more marijuana plants or any part thereof
in any location, indoor or outdoor, fixed or mobile, for medical or other
uses, including from within a fully enclosed and secure building.
B. "Primary caregiver." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
C. "Qualified patient." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
8.52.040 Prohibitions on marijuana cultivation—Nuisance declared.
Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or
other uses, is prohibited on' all parcels, all zones, and all specific plan areas in
the City and is hereby declared to be unlawful and a public nuisance. No person
owning, renting, leasing, occupying or having charge or possession of any parcel
shall cause or allow such parcel to be used for marijuana cultivation. The
foregoing prohibition shall be imposed regardless of the number of qualified
patients or primary caregivers residing at the premises or participating directly or
indirectly in the cultivation. Further, this prohibition shall be imposed
notwithstanding any assertion that the person or persons cultivating marijuana
are the primary caregiver or caregivers for qualified patients or that such person
or persons are collectively or cooperatively cultivating marijuana.
8.52.050 Abatement of unlawful marijuana cultivation. Violations of this
Chapter shall be subject to penalties and abatement as provided in Title 1 and
Chapter 8.12 this code. No provision of Title 1 or Chapter 8.12 shall authorize a
criminal prosecution or arrest prohibited by Health and Safety Code section
11362.71 et seq.
Section 2. Residential Zoning Prohibition. Section 17.06.030, Use
Regulations, and Table 17.06.030, Residential Districts, are hereby amended to
provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited
use in all residential zones.
Section 3. Commercial, Office, Industrial Zoning Prohibition. Section
17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses
Commercial/Office/Industrial Districts, are hereby amended to provide that
"marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all
commercial, office and industrial zones.
Section 4. Open Space Zoning Prohibition. Section 17.14.030, Use
Regulations, and Table 17.14.030, Schedule of Permtited Uses Open Space, are
hereby amended to provide that "marijuana cultivation," as defined in Chapter
8.52, is a prohibited used in all open space zones.
Section 5. Enforcement Official. Section 1.21.020, Definitions, of the
Temecula Municipal Code is hereby amended to read as follows:
1.21.020 Definitions. The following words and phrases, when used in the context
of this Title, shall have the following meanings:
A. "Enforcement official" or "enforcement officials" shall be: (1) Members of
the Riverside County Sheriffs Department or such other police agency
under contract to provide police services to the City; (2) members of the
Riverside County Fire Department or such other fire agency under
contract to provide fire and emergency services to the City; (3) persons
employed by the City whose job descriptions require the person to enforce
the provisions of this Code, including but not limited to directors, senior
planners, code enforcement officers, building inspectors, or park rangers;
and (4) such other employees of the City as may be designated by
resolution of the City Council.
B. "Legal interest" means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien,
mechanic's lien or other similar instrument, which is recorded with the
county recorder.
C. "Responsible person" means any person whom an enforcement official
determines is responsible for causing or maintaining a violation of the
code. The term "responsible person" includes but is not limited to a
property owner, tenant, person with a legal interest in real property, or
person in possession of real property.
Section 6. CEQA Findings. The City Council finds that the adoption of the
proposed ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California
Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen
with certainty that there is no possibility that the adoption of this ordinance will
have a significant effect on the environment. The ordinance bans the growing of
marijuana. Placing such a restriction on the use of property will not result in a
permanent alteration of property nor the construction of any new or expanded
structures. The adoption of this Ordinance imposes greater limitations on uses
allowed in the City and therefore will eliminate adverse environmental impacts.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Michael S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16- was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 12th day of January, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES' COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
DATE OF MEETING:
TO:
FROM:
PREPARED BY:
APPLICANT NAME:
PROJECT
SUMMARY:
CEQA:
RECOMMENDATION:
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
December 16, 2015
Planning Commission Chairperson and members of the Planning
Commission
Luke Watson, Director of Community Development
Dale West, Case Planner
City of Temecula
Planning Application Number LR15-1619, Municipal Code
amendment adding Chapter 8.52, Marijuana Cultivation, to the
Temecula Municipal Code
Exempt
Section 15061(b)(3)
Adopt a Resolution recommending the City Council adopt an
Ordinance adding Chapter 8.52, Marijuana Cultivation, to the
Temecula Municipal Code to prohibit the cultivation of marijuana,
amending Title 17, Zoning, to prohibit marijuana cultivation use in all
zones, and amending Chapter 1.21, Administrative Penalties and
Citations, to amend the definition of enforcement official.
BACKGROUND SUMMARY In 1996, California voters adopted the Compassionate Use
Act ("CUA") as a ballot initiative, codified as Health and Safety Code Section 11362.5. The CUA
provides a limited defense from prosecution for cultivation and possession of marijuana.
In 2004, the Legislature adopted the Medical Marijuana Program Act ("MMP"), codified as
Health and Safety Code Sections 11362.5 to 11362.83. The MMP provides qualified patients,
primary caregivers, and holders of valid identification cards who collectively or cooperatively
cultivate marijuana for medical purposes with a limited defense to certain specified state
criminal statutes.
In 2010 and 2011, Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the
Medical Marijuana Program Act to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective" and to civilly and criminally enforce such ordinances.
Since AB 2650 and AB 1300, the California courts have found that neither the CUA nor the
MMP provide medical marijuana patients with an unfettered right to obtain, cultivate, or
dispense marijuana for medical purposes. (City of Riverside v. Inland Empire Patients Health
and Wellness Center, 56 Ca1.4th 729 (2013); Maral v. City of Live Oak, 221 Cal.App.4th 975
(2013).) Rather, the statutes set up limited defenses to state criminal prosecution.
R:\1 AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW
v2).docx
1
In November 2013, the Court of Appeal decided and published its decision in the case of Maral
v. City of Live Oak, 221 Cal.App.4th 975 (2013). Maral held that cities have authority to prohibit
cultivation of all medical marijuana city-wide. The Maral court similarly found that the CUA and
MMP do not preempt a city's regulatory authority to prohibit all cultivation in the city, if the city so
chooses.
The Maral case is a published decision from the Court of Appeal and constitutes legal precedent
upon which cities may rely. The plaintiffs in the Maral case petitioned the California Supreme
Court seeking review and/or depublication of the case. The Supreme Court has declined to take
the case, and it has denied the request for depublication. The decision in the Maral case,
therefore, is final and represents the current law of the State.
This year, the Governor signed into law three bills comprising the Medical Marijuana Regulation
and Safety Act ("the Act"). These bills are designed to impose additional regulatory
mechanisms related to medical marijuana. For example, there will be a dual licensing structure
which requires a state and local license or permit in order to cultivate, dispense or transport
medical marijuana. The legislation appears to allow cities that wish to ban these land use
activities to continue to do so; however, there are critical time constraints.
1. Assembly Bill 266 established a dual licensing structure requiring state and local
licenses or permits to establish marijuana businesses.
2. Assembly Bill 643 established criteria for the licensing of medical marijuana businesses,
regulating physicians, and recognizing local authority to levy taxes and fees.
3. Assembly Bill 243 includes a provision stating that cities that do not have an ordinance
regulating or prohibiting cultivation by March 1, 2016, will lose the authority to regulate or
ban cultivation within their city limits.
Licensing Requirements (both state and local licenses required)
As mentioned above, the Act establishes licensing requirements for the cultivation, distribution,
and transportation of medical marijuana, safety and testing standards for medical marijuana and
medical marijuana products, and regulates the physicians who recommend or prescribe medical
marijuana to patients. The Act provides that once regulations are implemented by the state
licensing authority, no person or entity may cultivate, possess, manufacture, process, store,
test, label, transport, distribute, or sell medical marijuana or a medical marijuana product without
first obtaining a state license. The Act also limits cross licensing; in other words, a licensee may
only hold one state license in up to two separate license categories, with certain limitations. For
instance, an entity may obtain a distributor and transporter license, but is prohibited from also
obtaining a license to manufacture, cultivate, test or dispense medical marijuana.
The Act also stipulates that any person or entity engaged in commercial cannabis activity have
both a state license, and a local license or permit, to operate in the state. This means that if a
city prohibits or bans marijuana dispensaries in its jurisdiction, then the marijuana dispensary
will be unable to obtain a state license for commercial cannabis activity in that city, since the
marijuana dispensary is required to first obtain a local permit, license, or authorization from the
city.
R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW
v2).docx
2
The Act does not require a city to allow medical marijuana dispensaries within its borders; a city
that regulates or bans medical marijuana will be able to retain and enforce its local regulations
or ban. The Act expressly protects local licensing practices, zoning ordinances, and local
actions taken under a city's constitutional police power. Additionally, the Act upholds a city's
power to levy fees and taxes for medical marijuana businesses.
The Act also stipulates that a city that does not have land use regulations or an ordinance
regulating or prohibiting cultivation of marijuana in effect by March 1, 2016, will lose the
authority to regulate or ban cultivation within its city limits. The state will become the sole
licensing authority.
It should be noted that the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that
has a high potential for abuse, that has no currently accepted medical use in treatment in the
United States, and that has not been accepted as safe for use under medical supervision. The
Federal Controlled Substances Act makes it unlawful, under federal law, for any person to
cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute
or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the
cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical
purposes. The manufacture, distribution, or possession of marijuana remains unlawful and a
federal crime under the Federal Controlled Substance Act (21 U.S.C. §§ 812, 841, 844).
ANALYSIS
In light of the Maral decision and the Act signed by the Governor, staff was advised by the City
Attorney to review its current ordinance and Municipal Code and, if necessary, draft an
ordinance regulating marijuana cultivation within the City limits.
In April 2006, the City Council adopted Ordinance No. 06-05, amending Sections of the
Temecula Municipal Code prohibiting the establishment of medical marijuana dispensaries
within the City. After review of Ordinance No. 06-05, staff has determined that it does not
regulate the cultivation of marijuana within the City.
As discussed above, if a city does not have in place land use regulations that prohibit or
regulate the cultivation of marijuana, or chooses not to administer a conditional permit program,
then beginning March 1, 2016, the Department of Food and Agriculture will be the sole licensing
authority for medical marijuana cultivation applicants in that city.
Based on the direction provided to staff and the secondary effects discussed below, a draft
Ordinance was prepared, prohibiting the cultivation of marijuana within the City of Temecula.
Secondary Effects
As recognized by the Attorney General's August 2008 Guidelines for the security and non -
diversion of marijuana grown for medical use, marijuana cultivation or other concentration of
marijuana in any location or premises without adequate security increases the risk that
surrounding homes or businesses may be negatively impacted by nuisance activity such as
loitering or crime.
Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City
residents, visitors and workers. Prohibition of marijuana cultivation in the City is proper and
R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW
v2).docx
3
necessary to avoid the risks of criminal activity, degradation of the natural environment,
malodorous smells, and indoor electrical fire hazards that may result from unregulated
marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on
a single premises is not regulated and substantial amounts of marijuana are thereby allowed to
be concentrated in one place.
Additionally, marijuana cultivation at locations or premises within the vicinity of schools, parks,
and community centers creates unique risks that the marijuana plants may be observed by
minors, and therefore be especially vulnerable to theft or recreational consumption by minors.
Further, the potential for criminal activities associated with marijuana cultivation in such
locations poses heightened risks that minors will be involved or endangered. Therefore, any
amount of marijuana cultivation in such locations or premises is especially hazardous to public
safety and welfare, and to the protection of children and the person(s) cultivating the marijuana
plants.
The justification for regulating or banning marijuana cultivation pursuant to the City's police
power includes, but is not limited to:
1. The increased risk to public safety, based on the value of marijuana plants and the
accompanying threat of break-ins, robbery and theft, and attendant violence and injury;
2. The strong "skunk like" malodorous fumes emitted from mature plants which can
interfere with the use and enjoyment of neighboring properties by their occupants; and
3. The potential for theft and use by school age children where medical marijuana is
cultivated in a visible location, particularly where such location is close to schools.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U -T San Diego on December 5, 2015.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (CEQA), the adoption of the
proposed ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines),
Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of
this ordinance will have a significant effect on the environment. The ordinance bans the growing
of marijuana. Placing such a restriction on the use of property will not result in a permanent
alteration of property nor the construction of any new or expanded structures. The adoption of
this Ordinance imposes greater limitations on uses allowed in the City and therefore will
eliminate adverse environmental impacts.
ATTACHMENTS
PC Resolution
Notice of Public Hearing
R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\ltem #5 (LR15-1619)\0 PC Staff Report short version (DW
v2).docx
4
PC RESOLUTION
PC RESOLUTION NO.15-
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 ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE
TO PROHIBIT THE CULTIVATION OF MARIJUANA IN
THE CITY, AMENDING THE ZONING ORDINANCE TO
PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES,
AMENDING THE DEFINITION OF ENFORCEMENT
OFFICIAL AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO 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. On December 16, 2015 the Planning Commission identified a need to
amend the adopted Municipal Code to add a new chapter to the Temecula Municipal
Code prohibiting the cultivation of marijuana, amending the zoning ordinance to prohibit
marijuana cultivation use in all zones, and amending the definition of enforcement
official. (Planning Application No. LR15-1619).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
application and environmental review on December 16, 2015, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City
Council approve Planning Application No. LR15-1619 subject to and based upon the
findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Environmental Compliance. In accordance with the California
Environmental Quality Act (CEQA), the adoption of the proposed ordinance is exempt
from the requirements of the California Environmental Quality Act ("CEQA") pursuant to
Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section
15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of
this ordinance will have a significant effect on the environment. The ordinance bans the
growing of marijuana. Placing such a restriction on the use of property will not result in a
permanent alteration of property nor the construction of any new or expanded
structures. The adoption of this Ordinance imposes greater limitations on uses allowed
in the City and therefore will eliminate adverse environmental impacts.
Section 3. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. LR15-
1619, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16th day of December 2015.
Lanae Turley-Trejo, Chairman
ATTEST:
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 15- was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 16th day of December 2015, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
City Council Ordinance No. 16-_, Marijuana Cultivation
ORDINANCE NO. 16 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA
CULTIVATION, TO THE TEMECULA MUNICIPAL CODE
TO PROHIBIT THE CULTIVATION OF MARIJUANA IN
THE CITY, AMENDING THE ZONING ORDINANCE TO
PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES,
AMENDING THE DEFINITION OF ENFORCEMENT
OFFICIAL AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO CEQA GUIDELINES,
SECTION 15061(6)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the
Temecula Municipal Code to read as follows:
CHAPTER 8.52 - MARIJUANA CULTIVATION
8.52.010 Findings and purpose.
The City Council finds and declares the following.
A. In 1996, the voters of the State of California approved Proposition 215
(codified as California Health and Safety Code section 11362.5, and
entitled "The Compassionate Use Act of 1996").
B. The intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to use it without fear of criminal
prosecution under limited, specified circumstances. The proposition further
provides that "nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that endangers
others, or to condone the diversion of marijuana for non-medical
purposes." The ballot arguments supporting Proposition 215 expressly
acknowledged that "Proposition 215 does not allow unlimited quantities of
marijuana to be grown anywhere."
C. In 2004, the Legislature enacted Senate Bill 420 (codified as California
Health and Safety Code sections 11362.7 et seq., and referred to as the
"Medical Marijuana Program") to clarify the scope of Proposition 215, and
to provide qualifying patients and primary caregivers who collectively or
cooperatively cultivate marijuana for medical purposes with a limited
defense to certain specified state criminal statutes. Assembly Bill 2650
(2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana
Program to expressly recognize the authority of counties and cities to
"[a]dopt local ordinances that regulate the location, operation, or
establishment of a medical marijuana cooperative or collective" and to
civilly and criminally enforce such ordinances.
D. The Medical Marijuana Regulation and Safety Act was enacted by
Chapters 688, 698 and 719 of the Statutes of 2015 and is found at
Chapter 3.5 of Division 8 of the Business and Professions Code. While
the Act establishes standards for the licensed cultivation of medical
marijuana, including, but not limited to, the establishment of uniform state
minimum health and safety standards, and testing standards, the state
requirements established under the Medical Marijuana Regulation and
Safety Act authorize a city to prohibit all cultivation of medical marijuana.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that
"[n]othing in the CUA or the MMP expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use
of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal.
App.4th 975, the Court of Appeal held that "there is no right—and certainly
no constitutional right—to cultivate medical marijuana..." The Court in
Maral affirmed the ability of a local governmental entity to prohibit the
cultivation of marijuana under its land use authority.
F. In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the
California Court of Appeal found that the CUA does not confer a right to
cultivate marijuana and that an ordinance limiting the number of medical
marijuana plants that may be grown outside, precluding marijuana
cultivation within 1000 feet of schools, parks, and churches, and requiring
that an opaque fence of at least six feet to be installed around all
marijuana grows was not preempted by state law. Further, in Maral the
Court of Appeal held that the CUA and the MMP do not preempt a city's
police power to completely prohibit the cultivation of all marijuana within
that City.
G. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies marijuana as a Schedule I Drug, which is defined as a drug or
other substance that has a high potential for abuse, that has no currently
accepted medical use in treatment in the United States, and that has not
been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful, under federal law, for any
person to cultivate, manufacture, distribute or dispense, or possess with
intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for the cultivation,
manufacture, distribution, dispensation, or possession of marijuana for
medical purposes.
H. Marijuana cultivation in the City can adversely affect the health, safety,
and well-being of City residents, visitors and workers. Prohibition of
marijuana cultivation in the City is proper and necessary to avoid the risks
of criminal activity, degradation of the natural environment, malodorous
smells, and indoor electrical fire hazards that may result from unregulated
marijuana cultivation, and that are especially significant if the amount of
marijuana cultivated on a single premises is not regulated and substantial
amounts of marijuana are thereby allowed to be concentrated in one
place.
I. The justification for regulating or banning marijuana cultivation pursuant to
the City's police power includes, but is not limited to: 1) The increased risk
to public safety, based on the value of marijuana plants and the
accompanying threat of break-ins, robbery and theft, and attendant
violence and injury; 2) the strong "skunk like" malodorous fumes emitted
from mature plants which can interfere with the use and enjoyment of
neighboring properties by their occupants; and 3) the potential for theft
and use by school age children where medical marijuana is cultivated in a
visible location, particularly where such location is close to schools.
J. Marijuana cultivation at locations or premises within one thousand feet of
schools, parks, and community centers creates unique risks that the
marijuana plants may be observed by minors, and therefore be especially
vulnerable to theft or recreational consumption by minors. Further, the
potential for criminal activities associated with marijuana cultivation in
such locations poses heightened risks that minors will be involved or
endangered. Therefore, any amount of marijuana cultivation in such
locations or premises is especially hazardous to public safety and welfare,
and to the protection of children and the person(s) cultivating the
marijuana plants.
K. As recognized by the Attorney General's August 2008 Guidelines for the
security and non -diversion of marijuana grown for medical use, marijuana
cultivation or other concentration of marijuana in any location or premises
without adequate security increases the risk that surrounding homes or
businesses may be negatively impacted by nuisance activity such as
loitering or crime.
L. The limited immunity from specified state marijuana laws provided by the
Compassionate Use Act and Medical Marijuana Program and the Medical
Marijuana Regulation and Safety Act does not confer a land use right or
the right to create or maintain a public nuisance.
8.52.020 Authority.
This ordinance is adopted pursuant to the authority granted by Article XI, section
7 of the California Constitution, Health and Safety Code section 11362.83,
Government Code sections 25845 and 53069.4, the Medical Marijuana
Regulation and Safety Act, and other applicable law.
8.52.030 Definitions.
The terms used in this Chapter shall have the definitions provided in Section
17.34.010 of this Code unless otherwise specified. As used in this Chapter the
following specific terms shall have the following meanings:
A. "Marijuana cultivation." The planting, growing, harvesting, drying,
processing, or storage of one or more marijuana plants or any part thereof
in any location, indoor or outdoor, fixed or mobile, for medical or other
uses, including from within a fully enclosed and secure building.
B. "Primary caregiver." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
C. "Qualified patient." Shall have the meaning set forth in Health and Safety
Code sections 11362.5 and 11362.7 et seq.
8.52.040 Prohibitions on marijuana cultivation—Nuisance declared.
Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or
other uses, is prohibited on all parcels, all zones, and all specific plan areas in
the City and is hereby declared to be unlawful and a public nuisance. No person
owning, renting, leasing, occupying or having charge or possession of any parcel
shall cause or allow such parcel to be used for marijuana cultivation. The
foregoing prohibition shall be imposed regardless of the number of qualified
patients or primary caregivers residing at the premises or participating directly or
indirectly in the cultivation. Further, this prohibition shall be imposed
notwithstanding any assertion that the person or persons cultivating marijuana
are the primary caregiver or caregivers for qualified patients or that such person
or persons are collectively or cooperatively cultivating marijuana.
8.52.050 Abatement of unlawful marijuana cultivation. Violations of this
Chapter shall be subject to penalties and abatement as provided in Title 1 and
Chapter 8.12 this code. No provision of Title 1 or Chapter 8.12 shall authorize a
criminal prosecution or arrest prohibited by Health and Safety Code section
11362.71 et seq.
Section 2. Residential Zoning Prohibition. Section 17.06.030, Use
Regulations, and Table 17.06.030, Residential Districts, are hereby amended to
provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited
use in all residential zones.
Section 3. Commercial, Office, Industrial Zoning Prohibition. Section
17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses
Commercial/Office/Industrial Districts, are hereby amended to provide that
"marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all
commercial, office and industrial zones.
Section 4. Open Space Zoning Prohibition. Section 17.14.030, Use
Regulations, and Table 17.14.030, Schedule of Permtited Uses Open Space, are
hereby amended to provide that "marijuana cultivation," as defined in Chapter
8.52, is a prohibited used in all open space zones.
Section 5. Enforcement Official. Section 1.21.020, Definitions, of the
Temecula Municipal Code is hereby amended to read as follows:
1.21.020 Definitions. The following words and phrases, when used in the context
of this Title, shall have the following meanings:
A. "Enforcement official" or "enforcement officials" shall be: (1) Members of
the Riverside County Sheriff's Department or such other police agency
under contract to provide police services to the City; (2) members of the
Riverside County Fire Department or such other fire agency under
contract to provide fire and emergency services to the City; (3) persons
employed by the City whose job descriptions require the person to enforce
the provisions of this Code, including but not limited to directors, senior
planners, code enforcement officers, building inspectors, or park rangers;
and (4) such other employees of the City as may be designated by
resolution of the City Council.
B. "Legal interest" means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien,
mechanic's lien or other similar instrument, which is recorded with the
county recorder.
C. "Responsible person" means any person whom an enforcement official
determines is responsible for causing or maintaining a violation of the
code. The term "responsible person" includes but is not limited to a
property owner, tenant, person with a legal interest in real property, or
person in possession of real property.
Section 6. CEQA Findings. The City Council finds that the adoption of the
proposed ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California
Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen
with certainty that there is no possibility that the adoption of this ordinance will
have a significant effect on the environment. The ordinance bans the growing of
marijuana. Placing such a restriction on the use of property will not result in a
permanent alteration of property nor the construction of any new or expanded
structures. The adoption of this Ordinance imposes greater limitations on uses
allowed in the City and therefore will eliminate adverse environmental impacts.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 12th day of January, 2016.
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
Michael S. Naggar, Mayor
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16- was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the 12th day of January, 2016, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
NOTICE OF PUBLIC HEARING
Case No:
Applicant:
Proposal:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Environmental:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
LR15-1619 Marijuana Cultivation Ordinance
City of Temecula
A staff initiated application to amend the Temecula Municipal Code, to add
Chapter 8.52, Marijuana Cultivation, prohibiting all marijuana cultivation in the City.
This application also involves an amendment to Sections 17.06.030, 17.080.030
and 17.14.030 of the Zoning Code to prohibit the cultivation of marijuana in
residential, commercial, office, industrial and open space zones in the City. The
application also amends the definition of enforcement official contained in Section
1.21 of the Temecula Municipal Code.
In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review and a Notice of Exemption will
be adopted in compliance with CEQA Section 15061(b)(3). It can be seen with
certainty that there is no possibility that the adoption of this ordinance will have a
significant effect on the environment. The ordinance bans the growing of
marijuana. Placing such a restriction on the use of property will not result in a
permanent alteration of property nor the construction of any new or expanded
structures. The adoption of this Ordinance imposes greater limitations on uses
allowed in the City and therefore will eliminate adverse environmental impacts.
Dale West, (951) 693-3918
City of Temecula, Council Chambers
December 16, 2015
6:00 p.m.
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may also be accessed on the City's website —
www.citvoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding
any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In
addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be
available for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Community Development Department, (951) 694-6400.
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: LR15-1619 Marijuana Cultivation Ordinance (Amended)
Applicant: City of Temecula
Location: Citywide
Purpose of Hearing: On January 12, 2016, the City Council introduced ordinance No. 16-01
amending the Temecula Municipal Code by adding Chapter 8.52, Marijuana Cultivation, prohibiting all
marijuana cultivation in the City with a limited exemption from the prohibition for qualified patients. The
City Council requested further review of the provisions contained in Chapter 8.52, specifically Section
8.52.060 that would provide a limited exemption from the prohibition on cultivation for qualified patients.
Recommended Action: Following its review of the provisions of Chapter 8.52, the City Council could
introduce an amendment to the provisions of Chapter 8.52.
Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the
proposed ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section
15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance
will have a significant effect on the environment. The ordinance could amend Chapter 8.52 to prohibit the
growing of marijuana with a limited exemption for qualified patients. Placing such a restriction on the use
of property will not result in a permanent alteration of property nor the construction of any new or
expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the
City and therefore will eliminate adverse environmental impacts.
Any person may submit written comments to the City Council before the hearing or may appear and be heard
in support of or opposition to the approval of the project at the time of 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 project application 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 Dale West, City of Temecula Community
Development Department, (951) 693-3918.
PLACE OF HEARING
DATE OF HEARING
TIME OF HEARING
Public Hearings 16-03
City Council Chambers
41000 Main Street
Temecula, California
January 26, 2016
7:00 PM
CITY COUNCIL BUSINESS
Item No. 14
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl-Olson, City Clerk
DATE: January 26, 2016
SUBJECT: Selection of 2016 City Council Committees
RECOMMENDATION: That the City Council consider and appoint members to serve on
various City Council Committees for calendar year 2016.
BACKGROUND: The City Council annually appoints members of its legislative body
to serve as liaisons to City commissions, external organizations, standing committees and ad
hoc subcommittees. Each year this list is reviewed and revised for the upcoming calendar year.
The Council Members appointed will serve through December 31, 2016. For appointments to
external organizations that include a stipend, Form 806 will be completed and posted pursuant
to the regulation requirements of the Fair Political Practices Commission. Other than date
references to the current calendar year, any proposed substantive changes are marked through
redline, strikeout and underline. It is recommended that the City Council review the proposed
changes and provide staff direction as they deem appropriate.
Commission Liaison (One Member)
Current Member
Community Services Commission
McCracken
Old Town Local Review Board
Rahn
Planning Commission
Naggar
Public/Traffic Safety Commission
Edwards
Standing Committees (Two Members)
Current Members
Arts and Cultural Affairs Committee
Comerchero, Edwards
City Sustainability Program Committee
Naggar, Rahn
E -Government and Temecula Outreach Committee
Edwards, McCracken
Economic Development Committee
Comerchero, Edwards
Old Town Steering Committee
Naggar, Rahn
Finance Committee
Edwards, Naggar
Infrastructure Beautification Committee
Edwards, Naggar
Joint City Council/TVUSD Committee
Edwards, McCracken
Murrieta/Temecula Committee
Naggar, McCracken
Parks and Recreation Committee
Comerchero, McCracken
Public Works Committee
Edwards, Naggar
1
Southwest Cities Coalition Committee
Edwards, Rahn
Youth, Family and Health Regional Task Force
Edwards, Naggar
Representative Assignments
(External Organizations - Does not include stipend)
Current Member(s)
Animal Shelter Liaison/JPA Representative
Edwards
League of California Cities — Voting Delegate
Rahn, (Alternate Edwards)
National League of Cities — Voting Delegate
Comerchero, (Alternate Edwards)
Pechanga Tribal Council Representatives
Comerchero, Naggar
Rancho California Water District Liaison
Comerchero, (Alternate Rahn)
Riverside County Child Safety Commission / School District
Liaison
Edwards
Temecula Sister City Liaison
McCracken
Representative Assignments
(External Organizations — May include stipend)
Current Member(s)
RCA Representative
Edwards, (Alternate McCracken)
Riverside County Habitat Conservation Agency Board
Rahn, (Alternate Edwards)
Riverside County Transportation Commission
Naggar, (Alternate McCracken)
Riverside Transit Agency Representative
Edwards, (Alternate Rahn)
WRCOG Executive Committee and Zone Committee
Naggar, (Alternate McCracken)
Ad Hoc Subcommittees (Two members)
Current Members
Altair Property Ad Hoc Subcommittee
Comerchero, Naggar
Civic Center Concert Ad Hoc Subcommittee
Comerchero, McCracken
Community / Fiscal Outreach Ad Hoc Subcommittee
Comerchero, Rahn
Community Service Funding Ad Hoc Subcommittee
Naggar, McCracken
Diaz Property Ad Hoc Subcommittee
Comerchero, Naggar
French Valley Parkway Interchange Ad Hoc Subcommittee
Comerchero, Naggar
Higher Education Ad Hoc Subcommittee
Rahn, McCracken
Hospital Ad Hoc Subcommittee
Naggar, McCracken
Human Services Ad Hoc Subcommittee
Naggar, Edwards
Inclusive Play Structure Ad Hoc Subcommittee
Naggar, Comerchero
Infill Land Use and Project Review Ad Hoc Subcommittee
Naggar, Comerchero
Jefferson Corridor Ad Hoc Subcommittee
Comerchero, McCracken
Luxury Car Dealership Ad Hoc Subcommittee
Rahn, McCracken
Madera Vista Development Ad Hoc Subcommittee
Rahn, McCracken
Military Ad Hoc Subcommittee
Comerchero, McCracken
Murrieta Creek Project Ad Hoc Subcommittee
Edwards, Naggar
Old Town Civic Center Ad Hoc Subcommittee
Comerchero, Naggar
Promenade in Temecula Ad Hoc Subcommittee
Comerchero, Edwards
Quality of Life / Youth Master Plan Ad Hoc Subcommittee
Naggar, McCracken
Roripaugh Ranch Ad Hoc Subcommittee
Comerchero, Edwards
Strategic Fiscal Planning Ad Hoc Subcommittee
Comerchero, Edwards
Supportive Housing/Services Ad Hoc Subcommittee
Naggar, McCracken
Teen Village Ad Hoc Subcommittee
Comerchero, McCracken
Temecula Creek Inn Ad Hoc Subcommittee
Comerchero, Naggar
TVE2 (Small Business Incubator) Ad Hoc Subcommittee
Comerchero, McCracken
2
Trails / Open Space Ad Hoc Subcommittee
Naggar, Rahn
Wall of Honor Ad Hoc Subcommittee
Comerchero, Edwards
Winchester Hills Ad Hoc Subcommittee
Comerchero, Naggar
Ad Hoc Subcommittees are formed for a specific limited purpose and will operate for a limited
time until its purposes are fulfilled ("ad hoc") as opposed to "standing committees" that have
continuing subject matter jurisdiction. The descriptions of the purposes and duration of the
proposed ad hoc subcommittees are as follows:
AD HOC SUBCOMMITTEE DESCRIPTIONS:
Altair Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on
development options for the property located west of Pujol below the western escarpment.
Development on this property would include the construction of the Western By -Pass Corridor
and has potential for an "in town" residential neighborhood adjacent to Old Town. The term of
this subcommittee is through the completion of the development and disposition of the property.
Civic Center Concert Ad Hoc Subcommittee — This subcommittee will provide direction and
recommendations that involve proposed and planned large concerts to be held within the Civic
Center property including the Town Square and Civic Quad area in 2016.
Community / Fiscal Outreach Ad Hoc Subcommittee — This subcommittee will provide direction
and recommendations related to a community outreach and prioritization program to educate
and engage the citizenry about long-term fiscal challenges facing the City. The term of this
subcommittee is through the completion of the program.
Community Service Funding Ad Hoc Subcommittee — This subcommittee reviews funding
applications from various non-profit organizations requesting Community Service funding for the
year. This subcommittee will meet in September/October 2016 and will make specific
recommendations to the City Council for fiscal year 2016-17 Community Service funding.
Diaz Property Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and
negotiating terms and conditions associated with the disposition and development of the Agency
owned property located at the North West Corner of Diaz Road and Dendy Parkway. The term
of this subcommittee is through the completion of the development or disposition of the
property.
French Valley Parkway Interchange Ad Hoc Subcommittee — This subcommittee shall work with
representatives from Caltrans, Federal Highways, and elected officials at the city, state, and
federal levels. - _ - - _ • - _ '
The term of this subcommittee is through the
completion of the construction of the interchange proiect.
Higher Education Ad Hoc Subcommittee — This subcommittee is responsible for attracting and
facilitating the development of a higher education facility and programs in the City of Temecula.
The subcommittee will report back to the City Council on its recommendation by December
2016 with more frequent updates as may be necessary.
Hospital Ad Hoc Subcommittee — This subcommittee was formed to facilitate new hospital
development in Temecula. It is anticipated that this subcommittee will need to continue through
2016.
Human Services Ad Hoc Subcommittee — This subcommittee will evaluate the current services
& programs involving special needs, homelessness, and senior citizens. Through coordination
of related services provided by non-profit stakeholders the subcommittee will make
3
recommendations to City Council on opportunities to enhance these services for Fiscal Year
2016-2017. The subcommittee will report back on its recommendations to the City Council by
December 2016 with more frequent updates as may be necessary.
Inclusive Play Structure Ad Hoc Subcommittee — This subcommittee will provide
recommendations and direction involving inclusive play structures within the City. The
subcommittee will report back on its recommendations to the City Council by December 2016
with more frequent updates as may be necessary.
Infill Land Use and Project Review Ad Hoc Subcommittee — This subcommittee will work closely
with staff and the consultant retained to prepare and finalize the City's Infill land -use
evaluation/report and economic viability recommendations. City Council has given staff direction
to identify existing vacant in -fill development sites throughout the City and to work with the
Subcommittee to determine if the existing zoning and General Plan designations are
appropriate, and if not, what potential land use changes should be recommended to the full City
Council. Staff has initiated the research on this project and plans to meet with the Subcommittee
in 2016.
Uptown Temecula Ad Hoc Subcommittee — City Council has given staff
direction to analyze the redevelopment of the Jefferson Corridor, the City's first commercial
district. This subcommittee will provide staff with direction as we analyze the potential for an
urbanized extension of Old Town including increased commercial and corporate office
opportunities as well as mixed use residential development.- and the initial implementation of
the Uptown Temecula Specific Plan and the In -Lieu Road Fee. The term of this
subcommittee is through December 2017 for the initial implementation efforts for the
Uptown Temecula Specific Plan. In addition, marketing and branding efforts associated
with the Uptown Temecula Specific Plan are currently underway and are anticipated to be
completed in 2016.
Luxury Car Dealership Ad Hoc Subcommittee — This subcommittee is responsible for the
attraction of luxury car dealerships to our community. Auto sales represent a large percentage
of sales tax revenue to the City and the expansion and attraction of dealerships will preserve a
revenue stream to maintain City services. The subcommittee will report back to the City Council
on its recommendations by December 2016.
Madera Vista Development Ad Hoc Subcommittee — This subcommittee provides policy
direction to staff regarding the Madera Vista Affordable Housing Development which has one
remaining phase left for construction. There are milestones as this project proceeds that may
necessitate direction from the subcommittee during 2016.
Military Ad Hoc Subcommittee — This subcommittee will work with the Veterans of Foreign Wars
(VFW), Camp Pendleton, and other branches of the military to assist active members of the
military with special projects and community outreach. This subcommittee will meet on an as -
needed basis and will report back to the City Council with appropriate recommendations in
2016.
Murrieta Creek Project Ad Hoc Subcommittee — This subcommittee will provide direction and
recommendations that involve the Army Corps of Engineers Project that improves Murrieta
Creek to provide added flood protection. It is anticipated that this proiect will be under
- - - - - - - - - - . The term of this subcommittee is through the
completion of the Murrieta Creek Improvement Project.
Old Town Civic Center Ad Hoc Subcommittee — This subcommittee is responsible for evaluating
and negotiating terms and conditions associated with the disposition and development of the
Agency owned property located adjacent to the Town Square along Main Street in Old Town.
4
The term of this subcommittee is through the completion of the adjacent properties.
Promenade in Temecula Ad Hoc Subcommittee - This subcommittee would provide direction
and review of any potential development applications associated with the City's regional mall in
2016. This Subcommittee will meet on an as -needed basis and will report back to the City
Council with appropriate recommendations by December 2016.
Quality of Life and Youth Master Plans Ad Hoc Subcommittee — This subcommittee will evaluate
the 5 -year progress of the 2010 Quality of Life Master Plan goals; recommend edits to the
strategic goals and objectives included within the plan. This subcommittee will also work with
staff and the community to implement phases of the Youth Master Plan. This subcommittee will
meet on an as -needed basis during 2016 and will report back to the City Council with
appropriate recommendations near the end of the calendar year.
Roripaugh Ranch Ad Hoc Subcommittee — This subcommittee will monitor and report on the
issues affecting the Roripaugh Ranch Community Facility District Bonds, and development
issues affecting the Roripaugh Ranch Project. The term of this subcommittee is through the
completion of the Roripaugh Ranch Project.
Strategic Fiscal Planning Ad Hoc Subcommittee — This subcommittee will evaluate existing
fiscal policies, and make recommendations and develop strategies to guide budgetary decisions
that address challenges facing the City as the transitions from a growth phase into a
maintenance phase. The term of this subcommittee is through the completion of the fiscal policy
review and update.
Supportive Housing/Services Ad Hoc Subcommittee — This subcommittee, supported by the
City's Housing staff, will work to identify and implement solutions to provide both housing and
supportive services (i.e. food banks, job training, etc.) for families and individuals who meet the
criteria of Extremely Low, Very Low and Low Income. Subcommittee will evaluate affordable
housing development opportunities utilizing the remaining affordable housing bond proceeds
and the term of this subcommittee is through the completion of any related protects.
Teen Village Ad Hoc Subcommittee — This subcommittee will work with staff to explore concepts
for a teen village, utilizing public/private partnerships. This subcommittee will meet on an as
need basis and report back to the City Council with appropriate recommendations in 2016.
Temecula Creek Inn (TCI) Ad Hoc Subcommittee - This Subcommittee will work with staff and
developer on the site plan, circulation improvements associated with a proposed addition to the
resort property. This term of this subcommittee is through the completion of the Temecula Creek
Inn project.
TVE2 (Small Business Incubator) Ad Hoc Subcommittee — This subcommittee will work on
programs to accelerate the successful development of entrepreneurial companies through an
array of business support resources and services, developed and orchestrated by incubator
management and offered both in the incubator and through its network of contacts. The
subcommittee, supported by the City's Economic Development staff, will help formulate a plan
to grow the City -sponsored small business incubator by the end of Fiscal Year 2016.
Trails and Open Space Ad Hoc Subcommittee — This subcommittee will provide direction and
input on the efforts underway to enhance existing trails, complete trail connections, as well as
consider additional possible trail ways for multi-purpose uses including equestrian, pedestrian,
and cycling. This subcommittee also provides staff direction on potential annexations of areas
within the City's Sphere of Influence and potential purchase of permanent open space property
similar to property purchased along the escarpment west of the City limit which was purchased
by the City and deeded to the RCA. It is anticipated that this subcommittee will need to continue
through 2016.
5
Wall of Honor Ad Hoc Subcommittee — This subcommittee will work with staff to make
recommendations regarding community members who have made significant contributions to
the City of Temecula in 2016. This subcommittee is needed on an on-going basis to potentially
recognize outstanding citizens.
Winchester Hills Ad Hoc Subcommittee — This Subcommittee will work with staff and the
property owner, to provide direction on potential land use proposals for this approximately 100
acre vacant property at the intersection of Date/Ynez Streets. The site will be bisected by the
proposed French Valley Interchange project. The site is currently zoned for Service Commercial
land uses. The property owner has indicated a desire to consider mixed-use development on
the site which would necessitate an amendment to the Harveston Specific Plan and the
Winchester Hills Development Agreement. The term of this subcommittee is through the
disposition of the property.
FISCAL IMPACT: None
ATTACHMENT: None
6
Item No. 15
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: January 26, 2016
SUBJECT: Approve Amendment to the Boards and Commissions Handbook Regarding the
Role and Authority of Board and Commission Members and Adopt Resolution
Establishing the Order of Business for Regularly Scheduled Meetings of the City
Council (At the Request of Council Member Matt Rahn)
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council approve the amendment to the Boards and
Commissions Handbook regarding the role and authority of Board and Commission Members
and adopt the following resolution (at the request of Council Member Matt Rahn):
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE ORDER OF BUSINESS FOR
REGULARLY SCHEDULED MEETINGS OF THE CITY
COUNCIL
BACKGROUND: The City Council first approved the Boards and Commissions
Handbook on February 26, 1991. The handbook was amended on April 25, 2006 to include
additional appointment guidelines, and on December 9, 2014 to include a wholesale update
reflecting changes in the law, current practices and procedures, and the general role and
authority of board and commission members. The handbook is brought to the City Council
annually at the beginning of each year for general review and approval. During the January 12,
2016 annual approval of the handbook, Council Member Rahn expressed his desire to amend
the role and authority of the Board and Commission Members to include greater communication
and interaction with the City Council as a body. This item is being brought before the City
Council for consideration as a result of that request.
It is recommended that the City Council consider approving an amendment to the role and
authority of Board and Commission Members, as set forth in the handbook, to include annual
joint meetings between the City Council and each board and/or commission. It is also
recommended that the Commission Members present at each City Council meeting provide a
verbal report on the status of their respective commission as a routine item on the regular
agenda of the City Council meeting. The proposed amendment for inclusion in the role and
authority document of the Boards and Commissions Handbook is as follows:
"Joint Meetings and Regular Reports to the City Council
Each Board and/or Commission shall meet jointly with the City Council annually at a
regularly scheduled City Council meeting as follows:
1St Meeting in January — Planning Commission and Old Town Local Review Board
2nd Meeting in January — Community Services Commission
1St Meeting in February — Public Traffic / Safety Commission
The annual joint meeting schedule may be adjusted from time to time depending upon
the operational and organizational needs of the City and staff to include time sensitive
items on the agenda. During the annual joint meeting, each board and/or commission
shall provide an overview of the previous year highlights, anticipated activities for the
upcoming year, and take further direction from the City Council as necessary.
In addition to the report at the annual joint meeting, the Commission Members present at
each City Council meeting shall provide a verbal report on the status of their respective
commission as a routine item on the regular agenda of one City Council meeting of
every month."
It is recommended that the City Council discuss and provide additional staff direction associated
with this item as they deem appropriate.
FISCAL IMPACT: None
ATTACHMENTS: 1. Role and Authority — Boards and Commissions Handbook
2. Resolution
THE COMMISSIONER'S ROLE AND AUTHORITY
The primary role of the City boards and commissions is to encourage increased public input and
citizen participation in the determination of City policies and procedures.
City boards and commissions are not involved in the administration or operation of City departments.
Board and commission members may not direct administrative staff to initiate programs, conduct
major studies, or establish official policy without the approval of the City Council. However, City staff
members are available to provide general staff assistance to boards and commissions.
Despite boards and commissions differing tasks, all share some basic responsibilities. Members
need to stay informed on subjects of interest to their specific board or commission. The City Council
of the City of Temecula encourages and provides opportunities for continuing education to assist the
members of City boards and commissions in the conduct of their duties. Conscientious attendance
is also a fundamental responsibility, as irregular attendance lessens one's ability to study all aspects
of items under consideration. Three unexcused, consecutive absences constitute a vacancy of
office.
Upon appointment to a board or commission, staff from the City Clerk's department will provide a
formalized orientation to provide a thorough review of the Boards and Commissions Handbook;
including the Brown Act and conflicts of interest. A more detailed orientation related to specific board
and commission issues will be addressed by the lead department.
Each member of a board or commission is encouraged to:
• Occasionally attend City Council meetings
• Attend another board or commission meeting to better understand roles and develop
relationships
• Make presentations at board or commission meetings
• Participate in subcommittee opportunities
• Participate in a board or commission self-assessment once a year
All members are expected to regularly attend their respective board or commission meetings, and
attend and support City special events.
Community Services Commissioners are also expected to regularly visit all park sites and City
facilities being mindful of their intended service to the public. CS Commissioners are encouraged to
be engaged with a "license to be creative".
Planning Commissioners are also expected to have a firm understanding of the City's General
Plan, the Zoning Code, and Standard Conditions of Approval. They are encouraged to visit
properties that have submitted applications or are pending review. Planning Commissioners need to
disclose their visits and observations at the public hearing on the matter in order so that the
applicant has the opportunity to comment on whatever the Planning Commissioner may have
observed.
Old Town Local Review Board Members are also expected to have an understanding of the
General Plan, as well as the Old Town Specific Plan, be familiar with the history of Old Town and
regularly visit Old Town facilities.
Public/Traffic Safety Commissioners are also expected to exercise vigilance for traffic/safety
hazards and reporting of graffiti; be proactive with respect to public safety and emergency
management; become familiar with neighborhoods and communities; occasionally volunteer at DUI
check points; and perform periodic inspections of and visits to City facilities.
Incoming board and commissioner members are encouraged to utilize the following checklist in their
first year of service to help them get more acquainted with the City, its values, operational structure,
and their board or commission's primary area of focus:
All Board or Commission Members:
✓ Attend at least four City Council Meetings
✓ Attend City Sponsored Special Events (i.e., Fourth of July Parade/Fireworks Celebration,
Holiday Parade, Ribbon Cuttings/Dedication Ceremonies, etc.)
✓ Meet with the City Council Commission/Board Liaison to Review Role and Expectations
✓ Meet with the City Manager and/or Assistant City Manager to Review current City Priorities
✓ Meet with the City Clerk and/or Designee to Review Disclosure Filing and Ethics Training
Requirements
✓ Attend an HOA Meeting
✓ Visit the Saturday Morning Old Town Farmer's Market
Community Services Commission:
✓ Visit each of the City's Park Sites
✓ Visit each of the City's Community Service Facilities
Planning Commission
✓ Attend a City Council Meeting that Includes an Item Pertaining to Planning Commission
Review
✓ Visit a development project approved within the past two years to review how the Conditions
of Approval are being implemented and report back to the Commission
Old Town Local Review Board
✓ Attend Two or More Old Town Temecula Association (OTTA) Meetings
✓ Visit the Temecula History Museum
✓ Attend a Planning Commission Meeting that Includes an Item Pertaining to Old Town
Public/Traffic Safety
✓ Observe a DUI check point
✓ Visit each Fire Station
✓ Visit the Southwest Justice Center
✓ Visit Each Police Storefront/Substation
RULES AND REGULATIONS FOR CITIZEN MEMBERS
It is not appropriate for individual members to present their personal views or recommendations as
representing the board or commission unless such body has voted to approve such action.
Members expressing views not approved by the majority of the board or commission should indicate
their opinions are viewed as "private citizens." Individual opinions must be identified as such.
Public statements should not include promises that may be construed to be binding on the
Committee, City Council, or City staff. When making a public statement, members should indicate
that board or commission actions are recommendations and that final action will be taken by the City
Council.
2
Planning Commissioners should not express any views on projects that will come before the
Planning Commission. The Planning Commission must provide due process for the applicants and
this requires that Planning Commissions not express any bias or views on a project until all of the
information on a project is presented to the Planning Commission at the public hearing and the
applicant and the public have expressed their views on the project.
Board or commission members may be selected on the basis of representing defined groups;
however, each member should represent the overall "public good" and not an exclusive group or
special interest.
GUIDELINES, QUALITIES, AND ATTRIBUTES OF AN EFFECTIVE BOARD OR COMMISSION
MEMBER
• Be an informed citizen (knowledgeable about local affairs).
• Have a good rapport with citizens.
• Have a genuine concern for the community as a whole.
• Be a good listener.
• Relate well to other people, including other board or commission members. The
success or failure of board or commission efforts may be dependent upon the
degree of cooperation evident among the individual members of the body.
• Serve in another capacity prior to board or commission service (i.e. volunteer groups,
non-profit organizations, service clubs, etc.)
• Have the ability to accept decisions not of one's own personal view if that is the will
of the majority.
• In addition, each member should keep in mind these important points:
Show respect for another's viewpoint.
Allow others adequate time to fully present their views before making
comments.
Be open and honest.
Make new members welcome and help them become acquainted with their
duties.
Strive to minimize political action among members.
ROLE, AUTHORITY, AND STAFFING OF BOARDS AND COMMISSIONS
The City Council is empowered to establish boards and commissions and to appoint
members to assist the City Council in the conduct of City business. Members usually
represent a cross-section of the community. No member of any board or commission shall
be a City employee, nor shall any person be a member of more than one board or
commission at any one time.
The primary role of any City board or commission member is to review and make
recommendations to the City Council on matters within their scope of responsibility and to
promote increased public input and citizen participation in the determination of City policies
3
and program implementation.
commission for the coming year
The specific role of City boards and commissions is to serve in an advisory capacity to the
City Council, focusing attention on specific program areas of the City. The City Council may
authorize certain "Commissions" to take final actions in prescribed areas. For example, the
Planning Commission is authorized to grant final approval of certain projects and is required
to provide a recommendation to the City Council on other projects. In addition, staff may
bring various projects to a board or commission for their review before taking that matter to
the City Council for final approval. Boards and commissions serve as a principal reviewing
body for specific matters referred to them by the City Council. All decisions, however, are
subject to review by the City Council.
Board and commission members are empowered by an appointment of the City Council and
should represent the general interest of the City as whole and not specific program areas
and their special interest groups.
The City Council will appoint one Council Member to serve as Council Liaison to a particular
board or commission. This Council person will be available to the board and commission
members for individual consultation throughout the year. The Council liaison will attend at
least one board or commission meeting annually to provide the board or commission
opportunity to seek Council Liaison direction as a sitting body.
Joint Meetings and Regular Reports to the Citv Council
Each Board and/or Commission shall meet jointly with the City Council annually at a
regularly scheduled City Council meeting as follows:
1st Meeting in January— Planning Commission and Old Town Local Review Board
2"d Meeting in January — Community Services Commission
1st Meeting in February — Public Traffic / Safety Commission
The annual joint meeting schedule may be adjusted from time to time depending upon
the operational and organizational needs of the City and staff to include time sensitive
items on the agenda. During the annual joint meeting, each board and/or commission
shall provide an overview of the previous year highlights, anticipated activities for the
upcoming year, and take further direction from the City Council as necessary.
In addition to the report at the annual joint meeting, the Commission Members present
at each City Council meeting shall provide a verbal report on the status of their
respective commission as a routine item on the regular agenda of one City Council
meeting of every month.
Appointments and Removals
Chapter 2.40.050 of the Temecula Municipal Code, City Commissions Generally provides
that appointments are subject to the approval of a majority of the City Council. A majority of
the City Council may remove an appointee for good cause.
The following guidelines may be used in the appointment of board and commission
members:
4
• Formal interview process with the Mayor and Council Liaison with standard core
questions for both new candidates and incumbents.
• Letters of recommendation and/or references with the application process are
encouraged.
• The Council Liaison will be encouraged to attend board or commission meetings to
develop an overview of the incumbent board or commission member's performance.
• Absentee record of all board or commission members will become part of the
incumbent performance review, with the understanding that if three absences occur
within a 12 month period, the Council Liaison to that board or commission will be
notified for further review. If these absences are not acceptable to the Council
Liaison, a recommendation to the City Council will be made by the liaison for removal
from the board or commission. This is in addition to the existing ordinance which
stipulates that should any board or commission member be absent from any three
consecutive meetings of the commission, without excuse acceptable to the City
Council, that member shall vacate his or her seat on the commission.
Additional guidelines for consideration of candidates who have served two full terms and
apply for subsequent terms. Consideration of these candidates will be given only under the
following guidelines:
• The incumbent shall have served as Chair or Vice -Chair of their respective Board or
Commission.
• The incumbent shall have served on at least one sub -committee, or special project,
of their respective Board or Commission.
Rules of Procedure/By-Laws
Rules of procedure or by-laws for the proper conduct of business should be adopted.
Organization and Officers
As set forth in the by-laws, there shall be an annual election of a chairperson and vice -
chairperson. The position of chairperson and vice -chairperson should be rotated among
members on an annual basis.
The Chairperson
The Chairperson is the key to the entire group process. The Chairperson must balance
being strong enough to make certain the meeting is conducted in an orderly fashion and
democratic enough to use the power and authority of the position wisely. The Chairperson's
ability to handle meetings will have a significant impact on morale, operation, and
effectiveness. The Chairperson must make sure that discussions do not get sidetracked on
minor issues and must have the ability to see the "whole picture". The most important duty of
the Chairperson lies in his/her ability to find a common ground and achieve workable
compromises if appropriate. The Chairperson must be able to represent the entire group to
the City Council and community groups.
Minutes
Minutes shall be taken for all board and commission meetings. The Council has provided
that these minutes shall be "action minutes" and not "verbatim" which briefly describe the
issues and actions taken. Minority opinions of members may also be recorded in the minutes
5
if desired. Comments by all members on every agenda item cannot practicably be included
in the minutes. Also, members abstaining for legal conflict of interest requirements are
required to state their reason for recordation in the minutes. Minutes must be approved at a
subsequent meeting and then become part of the City's official records in the office of the
City Clerk.
Development and Review of Board and Commission Goals and Department Policies
The City of Temecula prepares and operates on an annual budget cycle. Boards and
commissions are encouraged to annually review and comment on department programs and
capital projects that may be related to their scope of interest. This evaluation is intended to
focus attention on the overall program and service priorities and board and commission
objectives; and is not intended to be an evaluation of the administration or operation of City
departments.
Involvement in Administrative Matters
Boards and commissions should not become involved in the administrative or operational
matters of City departments unless specifically provided in the prescribed powers and duties.
Members may not direct staff to initiate major programs, conduct large studies or establish
department policy without approval of the City Council. City staff assigned to furnish staff
services shall be available to provide general staff assistance, such as preparation of
agenda materials, general review of department programs and activities, to perform limited
studies, program reviews and other services of a general staff nature. Boards and
commissions may not establish department work programs or determine department
program priorities unless specifically authorized in their prescribed powers and duties. The
responsibility for setting policy and allocating City resources rests properly with the City's
duly elected representatives, the City Council, and cannot be delegated to an outside group,
however capable and interested it might be.
Communication with the City Council
To avoid possible compromising situations, during a City Council meeting the invitation to
individual board or commission members to address the Council on matters relating to their
official capacity rests solely with the City Council. It should be emphasized that when asked
to address the Council on a matter, the member should represent the viewpoint of the board
or commission as a whole (not a personal opinion); unless a proper qualification is made.
Working with Other Members
Members should make every effort to uphold their reputation for honesty, fairness, and
openness with the citizens of the community. Each group will undoubtedly consist of diverse
personalities; it is important that the board or commission work together to accomplish
common goals.
Working with Staff
Board or commission members are individually appointed by the City Council. City staff
assigned to work with the groups report to the City Manager, who in turn, reports to the City
Council. A department director or administrator usually arranges staff support for each
group.
If a board or commission member wishes to initiate a project that requires in depth staff
involvement, it is necessary for the project to be placed on the board or commission agenda
for discussion and recommendation to the City Council that the project be authorized. Staff
6
may begin preparing the necessary reports and studies after the City Council has authorized
the project.
Providing in depth staff support may require operational adjustments. Members are
encouraged to be cognizant of the time involved on the part of staff in preparing requested
studies and reports.
Individuals should make every attempt to clarify differences and make certain that clear
communication is taking place. The public meeting should not be used to express anger or
disagreement. If differences cannot be resolved by this method, the Councilmember serving
as Board or Commission Liaison and/or City Manager should be consulted to resolve the
matter.
Staff Reports to Council on Board or Commission Actions
On occasion, staff will be required to prepare an agenda report on either a board or
commission action or appeal for City Council review. The staff member should present both
the staff position and the board or commission's position in the report. The majority and
minority viewpoints of the board or commission members should also be presented in the
staff report.
It is the desire of the City Council to have an opportunity to hear and consider all sides of an
issue and alternative recommendations to assist in their decision-making process.
Procedure for Handling Public or Appeal Hearings
In some instances, commissions will have to conduct a public hearing, either on a major
issue of concern to the community or on a permit application or appeal of a staff decision. It
is recommended that the procedure established by the City Attorney be followed at all times
during the conduct of these types of hearings.
Legal Assistance
Some boards or commissions require the presence of a City Attorney. When there is doubt
concerning the legality of an issue, the attorney should advise members as to the legality of
the proposed action.
Great care must be taken in the maintenance of records of the proceedings. The direction of
the City Attorney should be followed closely.
When in doubt about the legality of a procedure, the board or commission should refrain
from additional discussion and decision making until the legal opinion is rendered. If
necessary, a hearing may be continued until matters can be clarified. The attorney must
control the circumstances surrounding a particular matter since he/she may be required to
defend the action in court.
Council Review of Action
Most actions and recommendations of boards or commissions may be appealed to the City
Council for review and approval. Certain actions are final with the commission with no right
of appeal.
Public Appearance of Members
When a board or commission member appears in a non -official, non -representative capacity
before any public or private body, the member shall not identify or disclose his/her
membership on a board or commission. If a question of membership arises, the member
shall indicate that he/she is appealing and speaking only as an individual.
There are significant legal restrictions on the ability of a board or commission member to
appear before any board or commission of the City, and particularly his or her own board or
commission. The City Attorney should be consulted in advance of any such appearance.
Members should take particular care to comply with provisions of the Brown Act that governs
open public meetings. While the staff provides the appropriate notice and agendas for board
and commission meetings, individual members need to be careful that they do not discuss
City business with other board or commission members, either together or one at at time,
outside of a properly noticed public meeting. A summary of the major provisions and
requirements of the Ralph M. Brown Act is included in this handbook.
Board or Commission Members Running for Elective Office
Members of the City's boards or commissions shall be permitted to retain membership on
such appointive bodies while seeking any elective office. Members of appointive bodies shall
not, however, use the meetings, functions or activities of such bodies for purposes of
campaigning for elective office. There are also significant conflict of interest rules relating to
campaign contributions to a board or commission member who is running for any elective
office. Unlike members of the City Council, campaign contributions to board or commission
members are considered as income and the conflict of interest rules apply to any board or
commission actions involving a campaign contributor. These rules are described in the
Conflict of Interest Handbook and the City Attorney should be consulted by any board or
commission member who decides to run for any elective office.
Board or Commission Positions on Ballot Proposals and Legislation
Boards and commissions may review and make recommendations to the City Council on
ballot proposals and legislation. The City Council shall review all such recommendations.
Board or commission members shall only represent the majority position of the City Council
on such matters unless speaking as an individual or indicating a minority opinion.
8
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE ORDER OF
BUSINESS FOR REGULARLY SCHEDULED MEETINGS
OF THE CITY COUNCIL
WHEREAS, the City Council desires to establish the order of business for
regularly scheduled City Council meetings to facilitate effective and efficient meeting
management, greater transparency and meaningful public participation.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council agenda is to be arranged in the following order
and sections for each regularly scheduled meeting of the City Council:
A. Call to Order
B. Roll Call
C. Presentations / Proclamations
D. Public Comments
E. City Council Reports
F. Consent Calendar
G. Public Hearings
H. Council Business
Department Reports (Once Monthly)
J. Commission Reports (Once Monthly)
K. City Manager Report
L. City Attorney Report
M. Adjournment
Section 2. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2016.
Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 26th day of January, 2016, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 16
Approvals
City Attorney
Finance Director
City Manager
..!
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, City Clerk
DATE: January 26, 2016
SUBJECT: Appoint Member to the Public Traffic / Safety Commission
PREPARED BY: Randi Johl, City Clerk
RECOMMENDATION: That the City Council appoint Gregory Mann to the Public Traffic /
Safety Commission.
BACKGROUND: On December 8, 2015, the City Council authorized the recruitment
of a member to the Public Traffic / Safety Commission to fill a vacancy for a term expiring on
October 10, 2017. The recruitment period ran from December 10, 2015 — December 31, 2015.
Five applications were forwarded to the subcommittee of former Mayor Comerchero and
Council Member Edwards for review and recommendation. All applicants are registered voters
and live within the city limits of the City of Temecula. Council Member Comerchero and Mayor
Pro Tempore Edwards recommend the appointment of Gregory Mann to the Public Traffic /
Safety Commission.
FISCAL IMPACT: None
ATTACHMENTS: Five Commission Applications
City of Temecula
41000 Main Street RE+f'1flE
Temecula, CA 92590
www.cityoftemecula.orkC 2 1 2015
(951) 694-6444
CITY CLERKS uta
Commission and Board
Appointment Application
1
For proper consideration, you must currently be a resident of the City of Temecula and a
Registered Voter within the City Limits of the City of Temecula at the time the application is
submitted. The original completed application must be received by the deadline.
Please check one:
Planning Community Services Public Traffic Safety Old Town Local Review Board
Number of years as a City of Temecula Resident /3 Are you a City Registered Voter? 74'
NAME: '2�►7 OCCUPATION: % 4l, ,`(--(-71(2;-'<-5
r
ADDRESS: /STATE/ZIP
DAYTIME PHONE: C EVENING PHONE:
EMPLOYER NAME: 5 i
EMAIL
EMPLOYER ADDRESS:
Educational Background/Degrees: ST4-7 e1/44c7Z5/ -P/ / �✓ /z/i" 4`r''?�rrY6 c
74.z_ /94/
List any City or County Board Committee or Commission on which you have served and the year(s) of
service: C464 -1-5e4,,2-177' f 5' --p2 5A1— /9 77.- fqkv
Cei-r r -t e ssio,v 3 lJ4a/''t-Z' r - )fes r te' -(9r/
aci-ft ,.6 5 # e4eve? LS C/' ` i 7" ',—
List
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of
Recommendation and/or references are encouraged.)
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature:
Date:
/024470/5
Please mail or return to: • 'ty of Temecula, City Clerk's Office
41090 Main Stree Temecula, CA 92590
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
Larry R. Metz
To Whom It May Concern:
As a resident of Temecula since February 2002, I have seen the outstanding growth of this city.
Temecula is my home and I have been privileged to live here the past 13 years.
As a small business owner I have had several businesses and offices in Temecula. My Primary business
is Suncoast Marketing which is a Manufacturers Rep firm representing Major Consumer Electronics
firms. I have called on Major Retailers including, Wal-Mart, Costco, Target and BestBuy. I have also
called on Pechanga Resort and Casino selling their retail gift shops.
I have owned a restaurant delivery service called We Just Deliver, from 2006 to 2009. We employed up
to 11 drivers and delivered for 30 of the local restaurants. After 4 years we sold to our competitors
Dine -In Delivery.
After Senior Management positions at Emerson Radio, Packard Bell Electronics and Panasonic, I decided
to venture out on my own and started Conquest Marketing Group, Inc. to represent Manufacturers who
wanted to sell to the Major Retail Chains, Buying Groups and Distributors. I have been self-employed
since 1992.
I have a great deal of knowledge in regard to building businesses, contracts, negotiating skills and
working with all levels of people, from senior management to floor sales people. I believe that I would
be an asset to the Traffic and Safety Commission Board.
Larry R Metz
1992 -Present — President of my own manufacturer's rep company. Originally Conquest
Marketing Group, Inc and now called Suncoast Marketing. Selling to major retailers,
including Wal-Mart, Sam's Club, Costco, Target, and BestBuy, also Distributors and
Buying Groups on a national basis. Consulting to and Representing Audiovox, RCA,
TERK, Emerson, Acoustic Research, Energizer, Kona Bars, Kinfine-USA, Concept
Green Energy Solutions, TPK, Inc. and IZZI Gadgets.
1990-1992 — Senior Vice President Sales and Marketing, EMERSON Computer Corp.
I was recruited to run Emerson's new Computer Division that I took from zero to over
200 million dollars in sales in less then 18 months. EMERSON bought out my contract
when they asked me to move to New Jersey and I chose not to accept.
1983-1990 — Executive Vice President, Packard Bell Electronics. I purchased the name
Packard Bell from Teledyne for $90,000 for three partners. I took the company from
zero to over $650 million dollars in sales. Packard Bell owned 42% market share for the
retail computer category.
1980-1982 — President Filmway's Audio Group. I was originally hired to run Filmway's
Audio Concepts a high-end Audio retailer catering to the recording and broadcast
industry. After successfully turning that profitable they asked me to run two other
companies Filmway's Audio and RF Wireless Rents. Eventually they made me president
of all 5 companies in their Audio Group and after turning them profitable, I helped
negotiate the sale of these companies.
1974-1979 — S. California Sales Manager, Panasonic Inc. I controlled sales for 12
divisions of
Panasonic, including Technics, Video, Audio, Microwaves, Vacuums, Batteries, and even
Bicycles. Took the territory from $1 million to over $10 million.
Prior employment, Edwards of California, Christian Dior Menswear and American
Airlines.
Personal — Divorced, three grown children. Avid Golfer, Temecula resident since 2002.
President Chatsworth Youth Sports 1977-1980
Commissioner Valley Conference Youth Basketball 1981
Commissioner Golfer's Getaway 2006 to Present
Education — NY State University Agricultural & Technical Institute Farmingdale 1962-64
American Airlines Management Training 1966
aErnerson,..
November 12, 2015
To Whom it May Concern_
I am writing a tetter of recommendation on behalf of my longtime friend and business associate
Mr. Larry Metz. Larry and I began working together more than 20 years ago and have
maintained an even greater friendship at the same time.
1 have always appreciated Lany's ability to communicate well even in extreme environments
such as the large retail market His professionalism has always made it possible in all our
business ventures to succeed. His biggest attribute may be his integrity and respect for making
sure projects were completed 3s promised. Larry's keen ability with follow up and follow thru
skills made his career in our industry a great success_
!believe Larry Metz would be ,3 great asset to the City of Temecula and possibly improve the
abilities of others to build better bridges of communication within your community.
Best of luck as I know Larry would be a great addition to your team_
Best regards,
Mike Churchman
Sr. Vice President
Emerson Radio Corp
EMERSON RADIO CORP.
3 UNIVERSITY PLAZA #405
HACKENSACK, NEW JERSEY 07061
973A28.2000
1
WESTERN
November 9, 2015
Temecula City Planning Commission
To Whom It May Concern:
Re: Larry Metz
I have been asked to provide a letter of reference for a good friend Larry Metz. I have known Larry
Metz for approximately 10 years and have found him to be a man of great moral character and
honesty,
One of Larry's many strengths is his ability to work with others in problem solving issues between
parties. He is a very kind individual who always believes in fairness between people demonstrating
great communication skills. He has many friends which is a testament to his success in life and being
someone we have great respect for.
It has been a pleasure to be associated with Larry Metz. I would highly recommend him as a member of
the Temecula City Planning Department.
Sincerely,
Tom Bardos
CEO Western Computer
Western Computer
351 ( andelaria Road • Oxnard, California 93030
(805) 581-5020
www.westerncomputer.com
SLP Enterprises
Steven L Padgett
Thursday, November 12, 15
City of Temecula
Planning Commission
To whom it may concern:
This letter should serve as letter of reference (both professional and personal) for
Mr. Larry R Metz who is seeking to fill an open position on the City of Temecula
Planning Commission.
I have known and workeci with Larry for over 40 years. In many situations we were
peers and in many He was my supervisor. In that period of time we have become
close personal friends as well.
Larry would make a good candidate for your position for some of the following
reasons:
❖ Never ending work ethic
❖ Works well with other professionals
❖ Good organizer
❖ Excellent and professional sales person
❖ Completely honest with uncompromising principals.
I hope this letter will help you make a favorable decision
for Larry to fill the position you have available. You could not do better.
Respectfully,
Steven L Padgett
11/12/2015 Gmail - City of Temecula Planning Commission Position Available - Closes 11/20/2015
Gii 11
Larry Metz
City of Temecula Planning Commission Position Available - Closes 11/20/2015
DAN VUICICH Wed, Nov 11, 2015 at 8:04 PM
To: Larry Metz
1 have known Larry Metz both personally and professionally for 30 plus years. Two words
immediately come to mind -Integrity and perseverance. I have witnessed Larry grow
companies against the taughes: odds and succeed only to shoulder the burden of others
shortcomings_ The relationships he has gained in the CE world are legion and very loyal.
From computers, peripherals, audio products, furniture and video products Larry has blazed
the trail with unique offerings arid creative procedures.
But far and away where Larry has shined beyond most human capabilities is with his family.
He has faced down incredible odds and brought his family through. l know his family very
well and all are people you would love to know and would enhance your lives. They arrived
at this place only by the love and strength of Larry.
Obviously Larry's attributes would make him an excellent commissioner.
Dan Vuicich
From: Larry Metz
Sent: Friday, November 6, 2015 5:11 PM
To: John Spinelli; Mike Churchman; Fete Thorsen; John Gentleman; Steve Padgett; Dan Vuicich; Robert
Vassallo; Tom Bardos
Subject: Fwd: City of Temecula Planning Commission Position Available - Closes 11/20/2015
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ui=2&ik=e843ft5cf4&view=pt&search=inbox&msg=15019dd59r83035e&sim1=150f9dd59f83035e 1/1
11/B/2015 Gmail - RE Reccomendation for opening on the Temecula City Planning Commission
Larry Melz
RE: Reccomendation for opening on the Temecula City Planning Commission
1 message
Sun, Nov 8, 2015 at 3:01 PM
To: "Metz. Larry"
To whom it may concern,
t have known Larry R. Metz for many many years. We first met in the 5th grade in 1953. We have remained
good friends over the years_
Larry has always had an excellent rapport with people of all ages. His excellent communication skills allow him
to connect with all kinds of people.
He is one I can recommend with complete confidence and I know that he will measure up to your expectations.
In summary, I highly recommend Lang/ for any position or endeavor that he may seek to pursue. He would be a
tremendous asset to any organization,
Sincerely,
Peter R. Thorsen
Mtps://maii.google.com(mai IMORui=28iik=e843fl5cf4&vi,:w=Pt&search=inhax&th=150e9569753963cOc&simI=150e955975363c0c
1l'
Robert Vassallo
November 8, 2015
To whom it may concern;
I have been friends with Mr. Metz for over 50 years. I am certain he will be an asset to the
planning commission as he is a personable, logical and intelligent individual. His past successes
can attest to this. I know he is nappy and proud to be a resident of Temecula and would work
hard for the future of your cit\,.
Robert E Vassallo
Sent from my iPhone
City of Temecula
DEC 2 2 2015
Finan
RECEIVED
DEC 2 3 2015
44 -frit GLCptKO WW1.
City of Temecula
41000 Main Street
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Commission and Board
Appointment Application
For proper consideration, you must currently be a resident of the City of Temecula and a
Registered Voter within the City Limits of the City of Temecula at the time the application is
submitted. The original completed application must be received by the deadline.
Please check one:
Planning Community Services 'Public Traffic Safety Old Town Local Review Board
Number of years as a City of Temecula Resident 1 (0 qrs, Are you a City Registered Voter?
NAME: \l I NO FN T C ik I R P F I S I OCCUPATION:
ADDRESS: ITY/STATE/ZIP
DAYTIME PHONE:
EMPLOYER NAME: A
RETI RED
EVENING PHONE:
EMPLOYER ADDRESS: NVA
EMAIL
Educational
Background/Degrees: /j C NAVY 19 R R �j�
S.A•1 \• a1 r /rIIAN kis + U .. / I V z V W
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
O.HNR,poNNMY HILLS I -1.0.A 8oARp MFM&E,
SINCE 2109 ,
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
Vo L ()KITE ER DON 0 R PROCEgSOK FOR. Soy Yeo 8Loc,( ,
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of
Recommendation and/or references are encouraged.)
C06" A8007- MY God'►°1/YluniiT f
I understand that any or all information on this form may be verified. I consent to the release of
this information fprpublic information purposes.
I' t
Signature: 1 It41Av
Date: Au15f 2445
Please mail or rturn to: City of Temecula, City Clerk's Office
41000 Main Street, Temecula, CA 92590
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
City of Temecula
41000 Main Street
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Board and Commission
Appointment Application
For proper oorisideratiori, you must currently .be a resident of the City .of Temecula and a
Registered Voter .within 'the: City- Limits of the City of Temecula et the time the application is
submitted The=original completed application must be received by the-deadtino..,
Please check one:
Planning Community Services x Public Traffic Safety _Old Town Local Review Board
Number of years as a City of Temecula Resident 15
Are you a City Registered Voter? Y
NAME: Mr. Sandy Villella OCCUPATION: Finance Controller
ADDRESS:-
DAYTIME PHONE:
CITY/STATE/ZIP
EVENING PHONE:
EMPLOYER NAME: Temecula Valley Drywall, Inc.
EMPLOYER ADDRESS: MAIL
Educational Background/Degrees: BS Accounting, MBA from California State San Marcos
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service: Paseo Del Sol Master Association - President, Vice President, Secretary
5 Years
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.): Rotary Club of Temecula
Temecula Valley Chamber of Commerce
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of
Recommendation and/or references are encouraged.) Having lived in Temecula for more than 15 years,
I have witnessed the growth and the challenges the city has faced. Working in town I meet and see a lot of
residents and interact with the community on a vast scale both through my employer and the Rotary Club.
With both a financial and construction background I feel I am uniquely qualified to serve the city.
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature: Date: /0.7—/5--15—
Please
0.7/5'1S
Please mail or return to: City of Temecula, City Clerk's Office
41000 Main Street, Temecula, CA 92590
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
City of Temecula
41000 Main Street
'+1 Temecula, CA 92590
>I9s9 www.cityoftemecula.org
(951)694-6444
Board and Commission
Appointment Application
For proper consideration, you must currently be a resident of the City of Temecula and a
Registered Voter within the City Limits of the City of Temecula at the time the application is
submitted. The original completed application must be received by the deadline.
Please check one:
Planning Community Services V Public Traffic Safety Old Town Local Review Board
Number of years as a City of Temecula Resident 16 years Are you a City Registered Voter? Yes
NAME: Gregory A Mann OCCUPATION: Fire Captian / Paramedic
ADDRESS: CITY/STATE/ZIP
DAYTIME PHONE: EVENING PHONE:
EMPLOYER NAME: North County Fire Protection District
EMPLOYER ADDRESS: 330 S. Main Ave, Fallbrook, 92028 EMAIL
Educational Background/Degrees:
Fallbrook High School graduate 1988, Palomar College Associate in Arts, Paramedic Training 2012, Currently enrolled
in Waldorf College in pursuit of a Bachelor's in Fire Administration
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
None
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
Fallbrook Firefighters Association, IAFF Local 1622
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of
Recommendation and/or references are encouraged.)
See attached
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature:
as
5L.0aDate: /1150
ail
il or return to: City of Temecula, City Clerk's Office
41000 Main Street, Temecula, CA 92590
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
I wish to serve on the Temecula Public/Traffic Safety Commission because I possess the ability
and desire to serve in a meaningful way to the city's efforts to keep Temecula one of the safest
communities in the nation. I've lived in Temecula since 1999 and plan to stay here into
retirement. In addition to my inherent desire to serve and keep the community safe I also
would like to maintain the high level of customer service we currently have into the future.
The experience I've gained in the over 22 years in the fire service coupled with my ability to
make educated decisions based on staff reports and thoughtful deliberation together with a
desire to contribute to and serve the community of Temecula would make me a valuable and
productive member of the commission.
References:
George Elias, Teacher - Temecula Valley School District , Vintage Hills Elementary
Marco Silva, Owner - Advantage Electric, Commercial electrical contractor
Jim Ferrell O •tical En:ineer - General Atomics
City of Temecula
41000 Main Street
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Board and Commission
Appointment Application
For proper _consideration,=you must_currently be a resident of -the City of Temecula and a
= Registered Voter within the City Limits of the City of Temecula at the time the application is
submitted. The original completed application must be received by the deadline:
Please check one:
Planning Community Services Public Traffic Safety _Old Town Local Review Board
r�
Number of years as a City of Temecula Resident rd. Are you a City Registered Voter?
NAME: .0-1J f,I � Cr /- D2-DS9' OCCUPATION:
A
■
DAYTIME PHONE EVENING PHON0,01--Ovv6-AA- (3poKeP- W.ir ftit, F -A6-5
12-0
EMPLOYER NAME: 05 -CLE LA) (\ca/LA
EMPLOYER ADDRESS: *35%31- g_to EMAIL
Me*- J r
Educational Background/Degrees:.k b LO'J OLA L �� JUS -I 1-0`T
ft-P'G55 s,) c -P r(\AI rf194
RA, (--1.1&1.-1514)) JCAA . Los ANiCita6C..c Fey •17-)P ( I ` t
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of
Recommendation and/or references are encouraged.)
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature:
Date: 1/30/1c -
Please mail or return to: City of Temecula, City Clerk's Office
41000 Main Street, Temecula, CA 92590
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
Juliet Grossman
Organizations
Temecula Valley Chamber of Commerce
• Affiliate member
Realtor, Coldwell Banker Residential Brokerage (Temecula -Vail Ranch)
• I obtained my real estate license and affiliated with Coldwell Banker in 2015
The Grossman Law Firm A.P.C.
• Shareholder/Co-owner, 2001 -present
• My husband Scott and I own a small practice focusing on trust and probate
litigation with offices in Riverside, Temecula, and San Diego. I am currently a
marketing consultant to the firm.
National Charity League, Inc., Temecula Valley Chapter
• President, 2015-2016
• Founding board member, President -Elect and Treasurer, 2013-2015
Hillcrest Academy
• Member of Competitive Academics Program and co-director of Odyssey of the
Mind program, supervising five coaches of three student teams, 2015 -present
• Member of marketing committee (appointed by Board of Trustees), 2013-2014
Girl Scouts of San Gorgonio Council
• Southwest Region, Temecula Service Unit Events Coordinator, 2013-2014
• Brownie troop co -leader, 2013-2014
• Junior troop leader, 2011-2012
Destination Imagination
• Reality Rally Kidz Checkpoint Challenges organizer, 2014 and 2015
• Coach, Paloma Elementary School/Temecula Middle School team, 2010-2012
Rady Children's Hospital Auxiliary, Temecula Unit
• Founding board member and Treasurer, 2005-2007
MOMS Club of Temecula -Central
• President, 2009-2010, Treasurer, 2008-2009
Juliet Grossman
Junior League of Riverside
• Sustaining member, 2000 -present
• Fundraising Director, 2005-2007, Membership Director, 2001-2003
Friends and family know me as the "Temecula Answer Lady" because I am their go -to
person for information about what is going on in our community. I am passionate
about Temecula, and enjoy sharing my enthusiasm for our city whenever I can.
As a Commissioner I can take that dedication further. Shortly after moving to Temecula
in 2003, I applied for a position on the Public/Traffic Safety Commission. I remain
extremely interested in issues of traffic, roads, and other civic public safety issues and
want to make a contribution to helping maintain the excellent quality of life we enjoy
here in Temecula.
My husband Scott and I moved to Temecula in 2003, and we are proud to be raising our
two daughters in the beautiful communities of Paloma del Sol (2003 to 2013) and
Redhawk (2013 to present.)
Over the past two and a half years, I helped create a Temecula Valley Chapter of
National Charity League. NCL is a membership organization of mothers and daughters
in grades 7-12. During the six year program, we strive to fulfill the mission of
strengthening the mother -daughter bond in a philanthropic organization through
community service, leadership development, and cultural activities.
It is apparent that Temecula is a city that approaches all that happens here with careful
thought, planning, and foresight, and I know my background as a collaborative board
member and networker with various diverse local organizations makes me a highly
qualified Commission candidate.
Perhaps the most valuable lesson I've learned from my past board experience is to
remain inquisitive, always be learning, and approach the work of the board with an
open mind. These attributes would make me an excellent Commissioner.
Thank you for considering me for an appointment to the Public/Traffic Safety
Commission. I would be happy to provide additional personal and professional
references upon request.
May 13, 2015
To Whom It May Concern
I am writing in support of the appointment of Juliet Grossman to the position of Temecula Community
Services Commissioner. I have served with Ms. Grossman on the marketing committee for Hillcrest
Academy, and I have been delighted to have the opportunity to get to know her and her work. She is
enthusiastic, committed and consistently achieves excellent results.
Juliet has made every effort to have a positive impact on our community. She has a long history of
volunteering with organizations known for their efforts at community improvement. In addition to her
work supporting Hillcrest Academy's non-profit Board, she is a sustaining member of the Junior League
of Riverside and a founding member of the Temecula chapter of the National Charity League, where she
currently serves as treasurer and president elect. She is extremely active in her local Temecula Girl Scout
Troop. And she makes a concerted effort to be aware and in touch with what's happening in Temecula.
If I want to know about something in our community, Juliet is my information resource.
On top of her extensive volunteer contributions, Ms. Grossman is an attorney who has worked locally for
almost two decades. Currently she and her husband maintain a trust and probate litigation practice with
offices in Riverside, Temecula, and San Diego, and she serves as the firm's director of marketing.
As a legal counselor she has many years of experience listening to client concems and successfully
dealing with complex, high-stakes matters. Before embarking on her current practice area, Ms. Grossman
worked as an attorney with the Riverside County Public Defender's Office, proving she is intimately
familiar with accepting both favorable and unfavorable decisions rendered by juries and the courts.
Aside from her impressive professional and volunteer background, I want to tell you about Juliet
Grossman personally. She is hard-working, dedicated, and compassionate. She is always willing to listen,
to pitch in, and to get her hands dirty to help a cause. She has excellent communications skills and
expertise in social media that would serve her well in her role as a Commissioner. Whether she is raising
money for Rady Children's Hospital or letting the public know about new businesses in the area via
Temecula Talk, Juliet approaches it with the same enthusiasm.
Juliet is a genuinely friendly, capable, approachable person and in my opinion the exact type of person we
need in an appointed public office. When we say we have a government "by the people" this is one of the
people about whom we should be speaking. Thank you for your consideration of Juliet Grossman for this
position.
Sincerely yours,
Christine Dull
Hillcrest Academy
Board of Trustees
•:`i #0,21!//(Chin/fy. 'z9tf, . n .
&Acta AND garryitkm SERVING COMMUNITIES'S/Fil -to
May 11, 2015
To Whom It May Concern:
As the President of National Charity League, Inc., Temecula Valley Chapter, I work
closely with many of the community volunteers. I consider Mrs. Juliet Grossman to be
one of the most studious and responsible members of our organization. I have come to
know her well, and would like to recommend her as a candidate for Community Service
Commissioner for the City of Temecula.
Mrs. Grossman is a dedicated member of the National Charity League, Inc. and has
donated countless hours of her time to our local communities through the following
philanthropies; Jacob's House, Michelle's Place, Service From the Heart, Temecula
Valley Champions, Binky Patrol, Community Mission of Hope, Littlefield at the Park,
City of Temecula, City of Murrieta, and Susan G. Komen, who we support.
She has not only worked with members of the community, she has also helped to
implement plans and programs through National Charity League, Inc., Temecula Valley
Chapter. Juliet's leadership and organizational skills have been invaluable to our Board,
which she has been involved in from the ground up. She is currently our President Elect
and will take office on June 1, 2015.
In my opinion, Mrs. Juliet Grossman unwavering devotion to his community exemplifies
strong moral fiber and character. She is a trustworthy individual and would be an
excellent candidate for Community Services Commissioner.
Sincerely,
Jacqueline Hunter
President, National Charity League, Inc., Temecula Valley Chapter
P.O. Box 891381
ebsite: http://NCLTemeculaValley.org
Ann Guthrie
Date: May 11, 2015
To Whom It May Concern.
I have had the pleasure of knowing Juliet Grossman for more than fifteen years. When I first met her, she was serving on a
committee for new Junior League of Riverside members. I was one of the new members that year. Junior League is a non-
profit organization dedicated to training women to developing their potential and improving communities through the
effective action and leadership of trained volunteers. I quickly saw that Juliet was exceptionally professional, and had an
amazing ability to relate to people. Juliet represented Junior League of Riverside so well and personified the mission of
League.
Over the years that I served various leadership positions and Board positions at Junior League of Riverside (JLR), I had a
constant working relationship with Juliet. Juliet also served in a leadership position every year in League, either on the
Board or as a Committee Chairperson. Her incredible knowledge of the workings and functions of all the diverse Junior
League committees; how the committees contributed to the community, as well as the policies and procedures of each
committee are some of the reasons why Juliet was an exemplary contributor to Junior League. Each year as the new
positions were taken within League, different working relationships were established with both JLR and community
members, city officials and city committees. Because of Juliet's ability to work with all the diverse committees and people,
Juliet was often the candidate chosen to interact with the different parties, and on various community projects.
Five years ago Juliet became very interested in a non-profit educational afterschool program, called Destination
Imagination, that I was working with. She saw the value that children could gain from participating in that kind of program,
that encouraged children to think outside of the box, and promote higher-level thinking. She formed and managed a team of
children to participate in the program, as well as became a Temecula area representative, to help other school children
become involved in the program. Juliet also formed a committee, representing Destination Imagination, to participate in
Temecula's Reality Rally Fundraiser.
Juliet would make an exceptional addition to the Temecula Community Services Commission, and I unequivocally
recommend her.
Sincerely,
Ann Guthrie
ALLISON JAMES`
ESTATE$:& HOMES
Goran & Lisa Forss
Associate Broker, Realtor E -PRO, CNS, QSC
Team Forss Realty Group
May, 14, 2015
Lisa Forss
Goran Forss
To Whom It May Concern:
I have been Juliet Grossman's Realtor, neighbor and friend since 2013 and in that time
have seen her interest and involvement in community affairs here in Temecula. I
believe she is highly qualified to serve as a Community Services Commissioner and
recommend her appointment.
Since Juliet and her husband Scott moved to Temecula in 2003, she has been very
involved with local volunteer organizations, including PTA at her childrens' schools (first
Paloma Elementary, then Temecula Middle School and Vail Ranch Middle School),
Hillcrest Academy, and Girl Scouts.
In addition, Juliet has taken on the challenge of bringing new organizations to Temecula
when she saw a need in the community. She was one of the founding members of the
local branch of Rady Children's Hospital Auxiliary, raising money and support for the
hospital locally. She also saw a need for a parent -teacher organization at Congregation
B'nai Chaim, so she was a co-founder of that organization.
Recently, Juliet was a founding member together with another local woman of the
Temecula Valley Chapter of National Charity League, a group for mothers and
daughters in middle and high school to volunteer together while developing leadership
skills. The group began in 2013 and continues to expand, giving members a chance to
volunteer for many local nonprofits, like Community Mission of Hope food pantry and
Jacob's House.
Professionally, Juliet and her husband Scott own a small law office. They are very
invested in the Temecula community, supporting local events and activities whenever
possible. Juliet currently works as Marketing Director for the firm.
Personally, Juliet is level-headed, professional, and easy to get along with, and I believe
these qualities would make her a very successful member of the Commission. She is
open-minded about new ideas and works well in groups, listening to all sides before
making up her mind. She also is a hard worker and willing to give generously of her
time and energy. There is no one I could recommend more.
Juliet would be a great asset to the City of Temecula Community Services Commission.
Thank you for your consideration.
Sincerely,
Lisa Forss
Owner, Forss Realty Group
www.TeamForss.com
As Seen on TV endorsed by Barbara Corcoran and on Radio with Kfrog 92.9
December 30, 2015
City of Temecula
Randi Johl, City Clerk
City Clerk's Office
41000 Main Street
Temecula, CA 92590
Dear Ms. Johl:
Enclosed please find my Traffic/Public Safety Commission application. Because I have
applied recently for other city commission openings, I am including letters of
recommendation that I used before. I am happy to provide additional letters or
references if needed.
Sincerely,
t Grossman
DEPARTMENT REPORTS
Item No. 17
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Community Development Director
DATE: January 26, 2016
SUBJECT: Community Development Department Monthly Report
PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst
RECOMMENDATION: Receive and file.
The following are the highlights for the Community Development Department for the months of
November and December 2015.
CURRENT PLANNING ACTIVITIES
New Cases: In November and December2015, Planning received 63 new applications, including
10 pre -applications, and conducted nine Public Hearings. A detailed account of current planning
activities is attached to this report.
Audi Dealership: On February 18, 2015, staff received a pre- application for a 37,000 square foot
Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing
Mercedes-Benz of Temecula dealership. A Development Plan application was filed for the project
on April 6, 2015. A community meeting was held with the Harveston community on March 25, 2015
to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting
and were positive about the addition of the Audi dealership to the community. A Supplemental EIR
is being prepared for the project and went out for public review from July 20, through September 8,
2015. A second community meeting was held with the Harveston community on August 13, 2015, to
discuss the findings of the Supplemental EIR and to provide updates on the project. The Planning
Commission approved Audi on October 21, 2015 and construction is anticipated to begin in
February 2016. (FISK)
Temecula Promenade Expansion: On December 3, 2015, staff received an application fora Major
Modification to the Promenade Mall to convert a portion of the existing enclosed retail mall (Macy's
wing) to an open-air shopping experience. In addition, two new restaurants will be constructed
adjacent to the Macy's wing in the existing mall parking lot. Modifications to the existing mall area
include removal of the roof, construction of open air concourse/plazas, addition of new exterior wall
finishes with new tenant storefronts, new decorative paving, landscaping, lighting and amenities in
public areas. Additional site changes include modifications to the access/circulation at the Ring
Road and Promenade Mall South, adjacent parking lot, and restriping of parking areas throughout
- 1-
the site. Staff is scheduled to meet with the Promenade Subcommittee on January 11, 2016.
(KITZEROW)
Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing
Agreement with Ambient Communities (Developer) to process extensive land use entitlements for
the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan,
Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient
Communities is proposing a mixed-use development comprised of residential single-family and
multi -family units, as well as retail/commercial, open space, and institutional uses. Staff is currently
reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has
prepared an Initial Study. The City entered into an agreement with Environmental Science
Associates in July 2014 to prepare an Environmental Impact Report (EIR). An EIR Scoping Meeting
was held on December 3, 2014. Keyser Marston Associates has prepared a fiscal impact analysis
for the project. Staff is working through environmental issues associated with the MSHCP and
wildlife corridors. Once resolved, staff anticipates negotiating the Development Agreement, and
circulating a Draft EIR shortly thereafter. (PETERS)
Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January
22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the
Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health
Services obtained State licensing to open the hospital for patients on October 14, 2013.
On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport
Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital
building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA
and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport:
Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas.
Phase II would place the heliport on the roof of the second hospital tower. In both cases, the
proposed locations result in a change to the flight path that move it away from the Madera Vista
residential project and changes the path to either head directly into or away from the prevailing wind
direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans.
A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July
2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to
the hospital site. Staff has provided information regarding this new building to ESA for analysis in
the SEIR, and the 45 -day public review was from November 12, 2014 through December29, 2014.
The project was reviewed at the April 15, 2015 Planning Commission hearing and received a 4-0
vote (Guerriero absent) recommending approval. Staff has worked with the applicant's consultant
and ESA to respond to comments received from the community at the Planning Commission hearing
and has worked with the applicant's consultant to prepare additional graphics for use at the City
Council hearing. The project was scheduled for the July 28, 2015, City Council hearing but was
continued off calendar so that staff and the Supplemental EIR consultant could make revisions to
the Supplemental EIR to address comments received from Ray Johnson on July 22, 2015. Staff
anticipates that the Revised Draft Supplemental EIR will be available for public review from late
January, 2016 thru mid-March 2016 and that the project will be taken to April 2016 Planning
Commission and City Council hearings. (FISK)
Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes,
Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the
Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard
Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van
Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as
Sorrento. The three builders will construct 411 homes in four of five available planning areas in the
area commonly referred to the "panhandle." Three hundred sixty six (366) residential permits have
- 2-
been issued to date. (PETERS)
Roripaugh Ranch Development Agreement Amendment: In March 2014, Roripaugh Valley
Restoration (RVR) applied for an amendment to the Roripaugh Ranch Development Agreement to
modify the timing of infrastructure improvements and building permit thresholds for "pan" area the
Specific Plan. Staff has been working with RVR to refine the deal points of the Development
Agreement Amendment (DAA). RVR worked with the second owner in the "pan" area of the Specific
Plan, Wingsweep, to come to agreement on improvement cost sharing. A Community Outreach
meeting was held on November 19, 2015 for the applicant to present their proposed DAA changes
to the Nicholas Valley and Roripaugh Ranch communities. Staff is currently finalizing the details of
the DAA with applicant and anticipated bringing the DAA before the Planning Commission in
February 2016 and before City Council in March 2016. (FISK)
Temecula Gateway: On November 3, 2014, staff received applications related to the proposed
Temecula Gateway project. The proposed project will consist of a Planned Development
Overlay/Zone Change and General Plan Amendment to change the General Plan designation to
Community Commercial and the zoning designation to Planned Development Overlay 14, a
Tentative Parcel Map to allow for the creation of seven lots from four, a Development Plan to allow
for the construction of four commercial buildings totaling approximately 23,666 square feet, a
Conditional Use Permit to allow for an automobile service station with a corresponding carwash and
convenience store that will serve alcohol, a Conditional Use Permit to allow for a drive-thru for a
restaurant. The City has entered into an agreement with Michael Baker International/PMC to create
an Environmental Impact Report for the project. (JONES)
LONG RANGE PLANNING
Uptown Temecula Specific Plan: The Uptown Temecula Specific Plan Area encompasses
approximately 560 acres and is located north of Rancho California Road, west of Interstate 15,
south of Cherry Street, and east of Diaz Road. The Specific Plan is based upon the eight visioning
recommendations, plan framework, and the concepts as recommended by the community and as
directed by the Jefferson Corridor Ad Hoc Subcommittee. The Specific Plan was adopted by the
City Council along with the certification of the Final EIR on November 17, 2015. (WEST, WATSON)
Uptown Temecula New Streets In -Lieu Fee: The Uptown Temecula Specific Plan establishes
new zoning and development standards for future development within the Uptown Temecula
Specific Plan boundaries. To meet the vision of the Plan, new internal streets are needed to
enhance internal connectivity, mobility and to create more pedestrian friendly and walkable
neighborhoods. The New Streets In -Lieu Fee Nexus Study was conducted by Keyser Marston
Associates (KMA). The Nexus Study also analyzed the economic impact of a new fee on new
development. The Nexus Study recommended a fee of 50% of the Study supported fee. On
December 8, 2015, the City Council approved the staff recommendation with a phased
implementation over a 1.5 year period. The second reading of the Ordinance is scheduled for
January 12, 2016. (WEST, WATSON)
Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013,
City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways
Master Plan. A community workshop was held on October 26, 2013, and attendees provided
feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community
input was also collected through a survey via the project website www.hikebiketemecula.orq. A
Steering Committee meeting was held on February 25, 2014, with over 30 participants in
attendance. The focus of the meeting was to summarize the survey results and to get feedback on
proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike
lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically
placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that
- 3-
included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded
with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and
bike lanes based on the community's feedback. Phase II is under way. A final Public Workshop will
be held, and then presentations to the Community Service Commission, Traffic Public Safety
Commission, and then Planning Commission for input before going to City Council. (PETERS)
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive
Negotiating Agreement (ENA) with Truax Development (Truax) in order to negotiate the disposition
and development of the two, currently Successor Agency owned, vacant lots in front of the Civic
Center, flanking the Town Square Park on the north and south sides of Main Street. On June 23,
2015, City Council extended the term of the ENA for an additional six months. While both Truax
Development and the City have been negotiating in good faith, the complexities of the project
require that the ENA be extended to allow for additional work to be completed. Upon agreeing to
terms, the City and Truax envision drafting a disposition and development agreement that will be
brought back before the Council for approval. (WATSON)
Recognized Obligation Payment Schedule: As part of the ongoing wind -down of the former
Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a
Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the
former Redevelopment Agency. Based on the outstanding obligations that are due in the six month
period being reviewed, SARDA makes requests from the Property Tax Trust Fund to make the
appropriate payments. On February 24, 2015 the SARDA board approved the ROPS for the period
of July 1, 2015 through December 31, 2015 (ROPS 15-16A). On February 25, 2015 the Oversight
Board of the Successor Agency to the Temecula Redevelopment Agency approved the ROPS 15-
16A. On March 2, 2015, the Oversight Board resolution approving ROPS 15-16A was delivered to
the California State Department of Finance, the California State Controller, and the Riverside County
Auditor Controller per the requirements of the redevelopment dissolution legislation. The ROPS 15-
16B was approved by the SARDA Oversight Board in September. The ROPS 16-17A will be taken
to both the SARDA Board and the Oversight Board in February 2016. (WATSON, LEHNER)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING
Community Development Block Grant (CDBG): The City will receive $540,214 in CDBG grant
funding for Fiscal Year 2015-16. The funding will be allocated as follows: 20 percent for program
administration ($108,042), 15 percent for public services ($81,032) to be divided evenly between
nine non-profit service providers ($7,892 each) and $10,000 to the Fair Housing Council. The
remaining 65 percent was allocated for infrastructure improvements. The Old Town Sidewalk
Improvement project will receive $351,140. In April, the City processed a Substantial Amendment to
redirect $160,561 of unspent funds from previous fiscal years. A total of $26,223 was allocated to
Habitat for Humanity for the Critical Home Maintenance and Repair Program, $12,000 to GRID
Alternatives for the Solar Affordable Housing Program, and $122,338 to the Sam Hicks Monument
Park Playground Replacement project. The City entered into an agreement with MDG Associates
on November 1, 2016 for the administration of CDBG services. Staff held two community and
technical workshops for potential applicants on December 7, 2015. The application period for the
2016-17 program year was open from December 1 through December 17, 2015. Staff is currently
reviewing applications for eligibility and anticipates bringing them to the Finance Subcommittee for
review in February 2016. (LEHNER)
Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014-
2021 General Plan Housing Element Update on January 28, 2014, and the City received certification
from the State Department of Housing and Community Development (HCD) on March 10, 2014. A
project processing schedule has been prepared for the Affordable Housing Overlay and Density
Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code
- 4-
Amendment will also encompass land use updates as required by Program 3. The project is in the
initial planning phase. Staff is currently conducting research and anticipates completing the
ordinances for adoption in early 2016. (WEST)
ENERGY & CONSERVATION
Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining
fund that utilizes rebate incentives while also re -directing annual utility cost savings from energy
efficiency projects into the fund. City Council established the fund in June 2013, with an initial
deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial
Management, funded through the Western Riverside Energy Partnership, to develop an policy
manual for the TEEM Fund, focusing on policies and methodologies for determining the amount of
utility savings to be deposited into the fund after projects are completed. (WEST)
Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven
Western Riverside Council of Government (WRCOG) member cities, Southern California Edison
(SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy
efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by
completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility
cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot
lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in
annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library
with assistance from the Partnership. The audit identified 9 energy efficiency measures which could
save an estimated 107,429 kWh annually, which also equates to an estimated annual cost savings
to the City of $17,278. If all efficiency measures are implemented, the City would receive
approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures
would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving
the City higher rebate incentives for future energy efficiency measures. (WEST)
Solid Waste and Recycling Program: Staff manages the City's Solid Waste and Recycling
Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City
staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of
household waste and large miscellaneous items that do not fit into the standard residential trash
receptacle. The Fall Citywide Clean -Up was held October 24, 2015 at Chaparral High School. Staff
also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection
events and the Backyard Composting Workshops. This event is an effort to promote the recycling of
used and other household hazardous waste.
The Residential Organics Recycling Program was adopted by the City Council in June 2015 to be
implemented in 2016. Staff is working with CR&R to develop outreach materials, which include a
letter to be mailed to each resident/home, an article in the City's Newsletter, information on the City's
website, and information on the Public Information Channel and the City's Facebook page.
Implementation will begin following the completion of the CR&R anaerobic digestion facility.
(WEST)
BUILDING & SAFETY
Inspections: During the month of November, Building and Safety conducted 1,362 inspections.
On average there were 71.68 inspections per day or 13.03 inspections per day, per inspector.
For the month of December, Building and Safety conducted 1,194 inspections. On average there
were 54.27 inspections per day or 12.06 inspections per day, per inspector.
Permits: During the months of November and December, Building and Safety issued 562 building
- 5-
permits. Of these permits, 199 were photovoltaic permits and 32 were new single family. Some of
these permits from this month included:
New Construction
Les Schwab Tire Center — 43890 Butterfield Stage Road
Vail Ranch Headquarters Mercantile/Office — 32125 Temecula Parkway
Kaiser Permanente Medical Office — 27305 Madison Avenue
Non -Construction Certificate of Occupancy
Allegiant Home Health Care— 27715 Jefferson Avenue
Liberty Kitchen — 28544 Old Town Front Street
Advanced Telemetry Systems International — 43176 Business Park Drive
The Elizabeth Hospice Inc. — 27450 Ynez Road
TBK Medical USA — 42245 Remington Avenue
Tenant Improvements
New York Buffalo Wings & Ribs — 40573 Margarita Road
The Press Espresso — 41920 6th Street
CODE ENFORCEMENT
During the months of November & December, Code Enforcement responded to 178 web
complaints. In addition, the division opened 120 code cases and forwarded 25 referrals to Public
Works, Police, Animal Control, and Fire. Code Enforcement also pulled 800 non -conforming signs
in the community and assisted 25 people at the Community Development Counter. Detailed Code
Enforcement case activity can be found in the following chart:
TYPE OF CODE CASE
TYPE TOTAL
Abandoned or Inoperable Vehicle
6
Vacant Home / Property Maintenance / Rodent infested
13
Business or Home Occupation w/o license/CUP
20
Trash and Debris / Parking lot maintenance
4
Overgrown Vegetation / Weeds / Fire Hazard
4
Green Pool / Vector Control
0
Graffiti
8
Noise
1
Trailer / RV Stored/Boat
16
Construction w/o Permit/Building Code
19
Encroach Public ROW / Trash Cans
21
Other / Homeless Encampment
0
Signs Pulled - Violations 8
TOTAL NUMBER OF CASES
120
-6
Foreclosure Tracking: Code Enforcement works with the local real estate community to
monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate
the past six months of activities in Temecula.
Residential Foreclosure Tracking
Commercial Foreclosure Tracking
July
August
September
October
November
December
DEFAULT
2015
2015
2015
2015
2015
2015
DEFAULT
71
67
75
76
80
81
FORECLOSED
55
49
49
57
50
45
REO
90
88
87
79
85
90
TOTALS
216
204
211
212
215
216
Commercial Foreclosure Tracking
-7
July
2015
August
2015
September
2015
October
2015
November
2015
December
2015
DEFAULT
2
2
2
2
2
2
FORECLOSED
0
0
0
0
0
0
REO
11
12
11
12
11
10
TOTALS
13
14
13
14
13
12
-7
PLANNING ACTIVITY REPORT
Assigned Planner
PA Number Project Name APN
Apply Date
Approval
Date
Applicant
Business
Company Name Phone
Owner Status
PA15-1643
962-133-012 Jaime Cardenas 11/02/2015 11/24/2015 Justin Constant Approved
Case Title / Description: Local Car Scene (Home Occupation)
PA15-1644
962-470-045 Jaime Cardenas 11/02/2015 11/02/2015 John Monday Approved
Case Title / Description: Stars and Stripes Real Estate Consulting, LLC (Home Occupation)
PA15-1645
Jaime Cardenas 11/02/2015 11/02/2015 Thomas Stufft Approved
Case Title / Description: Tadk Consulting (Home Occupation)
PA15-1646 921-040-018 James Atkins
11/02/2015 12/14/2015 Diane Kucera (951) 551-6659 Carlos Alvarez Approved
Case Title / Description: Refuge Brewery 3rd Anniversary Celebration TUP: A Temporary Use Permit for a
3rd Anniversary Celebration on December 5th, 2015 from 5:OOpm to 10:OOpm. The project is located at 43040
Rancho Way.
PA15-1648 960-010-001
Scott Cooper 11/02/2015
Case Title / Description: Red Hawk Carwash Minor Mod: A Minor Modification for Redhawk Carwash to
relocate a trash enclosure on the project site located at 44260 Apis Road.
Wasim Ballo (619) 820-7390 Wasan Abdul Out
Meseh
PA15-1650
916-441-013 Jaime Cardenas 11/03/2015 11/03/2015 JASON SHADLE Approved
Case Title / Description: Extreme Industries (Home Occupation)
PA15-1655
916-560-001 Jaime Cardenas 11/03/2015 11/03/2015 Roger Tkaczyk Approved
Case Title / Description: EchoSwingGolf (Home Occupation)
PA15-1656
960-213-011 Jaime Cardenas 11/04/2015 11/04/2015 Louie Montoya Approved
Case Title / Description: Straight Off the Vine Wine Tours (Home Occupation)
PA15-1657 921-320-048 Jaime Cardenas 11/04/2015 11/04/2015
Case Title / Description: Temecula Town Center ZL: A Zoning Letter for Temecula Town Center (APN
921-320-012, -018, -021, -038, -041, -045, -048, -052, -056, -058).
ACM 2006 5 Completed
RANCHO
CALIF LTD
PARTNERSHI
P
Page 1 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1659 921-300-007 Jaime Cardenas 11/05/2015 11/12/2015 Trisha Ray
Case Title / Description: Rancho California Apartments ZL: A Zoning Letter for Rancho California
Apartments located at 29210 Stonewood Road (APN 921-300-007).
(855) 383-3454 Rancho Completed
ext 200 California
Apartments
PA15-1662 909-290-062 James Atkins
11/05/2015 11/16/2015 Howard Parse!! (714) 642-0511 Flowserve U S Approved
Inc
Case Title / Description: Flowserve Corp MOD: a Minor Modification (Planning Review Only) to allow for the
construction of a building addition to be located on the structure located east of the primary structure and
comprising 580 square feet. The site is located at 27455 Tierra Alta Way.
PA15-1664
964-180-004 Stuart Fisk 11/05/2015 Roripaugh Valley Roripaugh Valley (949) 255-2680 Wingsweep Plan Review
Restoration, LLC Restoration, LLC Corporation
Case Title / Description: Roripaugh Ranch Phase 2 SP Amendment: an amendment to the Roripaugh
Ranch Specific Plan to alter the timing of infrastructure improvements and building permit thresholds for the
Roripaugh Specific Plan. This includes Planning Areas 9B,14-17;19-31;33A,33B and the Loop Road.
PA15-1666 954-102-008 Jaime Cardenas 11/06/2015 11/10/2015 Hugo Garcia
Case Title / Description: Vineyard Coast Transportation, LLC (Home Occupation)
(951) 303-4923 Approved
PA15-1669 959-410-002
Scott Cooper 11/06/2015
Case Title / Description: Tentative Parcel Map 37044 for Condominium Purposes: A Tentative Parcel Map
for Condominium Purposes for an existing improved commercial retail center paper divided into saleable lots.
One lot is allocated for each building and an additional common lot.
Sean Savage Omega (858) 634-8620 Lahaina
Consultants, Inc. Partners
Out
PA15-1672 944-330-015 Scott Cooper
11/06/2015 12/10/2015 Tammy Moore Approved
Case Title / Description: Pat & Oscar's Minor Mod: A Minor Modification (Planning Review Only) for Pat &
Oscar's to change exterior colors. The project is located at 29375 Rancho California Road
PA15-1674
960-051-032 Jaime Cardenas 11/09/2015 11/09/2015 Daniel Galvan Approved
Case Title / Description: Stainless Carpets (Home Occupation)
PA15-1679
966-161-041 Jaime Cardenas 11/09/2015 11/09/2015 David Vale Approved
Case Title / Description: Rodeo Drive Embroidery Enterprises "Home Occupation"
PA15-1680 940-310-060 Scott Cooper
11/10/2015 01/07/2016 Kimberly Boone (619) 889-5101 Ridge Park Approved
Office
Case Title / Description: University of Redlands CUP: A Conditional Use Permit for the University of
Redlands to operate a educational facility at 43548 Ridge Park Drive.
Page 2 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1682 909-281-004 Jaime Cardenas 11/10/2015 12/16/2015 Denise Clucas
Case Title / Description: Leonard's Building ZL: A Zoning Letter for the for the property located at 41797
Enterprise Circle North (APN 909-281-004).
(602) 569-0007 NAGEL Completed
ext 14 LEONARD
PA15-1686
962-560-022 Jaime Cardenas 11/10/2015 11/17/2015 Shugar Matondo Approved
Case Title / Description: Purple Sugar (Home Occupation)
PA15-1688
962-270-011 Jaime Cardenas 11/12/2015 11/12/2015 Matthew Salem Approved
Case Title / Description: MD Pool & Spa (Home Occupation)
PA15-1689 921-700-016 James Atkins
11/12/2015 12/16/2015 Incha Lockhart (951) 907-1700 Viceareeen Approved
Dirk Van Wyk
Case Title / Description: Sign Program #11 Amendment: an amendment to allow for two (2) new 6 -foot tall
monument signs. One will be located on Margarita Road and another on Yukon Road. The general location
for the center is the northwest corner of Rancho California Road and Margarita Road.
PA15-1690 922-110-048 Jaime Cardenas 11/12/2015 12/02/2015 Richard Quaid
Case Title / Description: Support Our Troops XII TUP: A Major Temporary Use Permit for a "Support our
Troops XII" riding event to take place on December 5, 2015 from 11 a.m. to 2 p.m. at the Harley Davidson
facility located at 28897 Old Town Front Street.
(951) 506-6903 Andre Le Approved
Compte
PA15-1694
960-093-009 Jaime Cardenas 11/12/2015 11/12/2015 Jemetra Trotter Approved
Case Title / Description: Peridot Talent Agency - Home Occupation
PA15-1695
Jaime Cardenas 11/12/2015 Thomas (626) 426-4111 Plan Review
Dolleschal
Case Title / Description: D.Thomas Construction (Home Occupation)
PA15-1696
961-371-026 Jaime Cardenas 11/12/2015 11/12/2015 Peter Kicak Approved
Case Title / Description: A Plus Carpet and Tile Cleaning (Home Occupation)
PA15-1698 Jaime Cardenas 11/12/2015 11/12/2015 Robin McCoy
Case Title / Description: Women Organizing Women, Inc. (Home Occupation)
(951) 676-8010 Approved
PA15-1702 959-301-018 Jaime Cardenas 11/12/2015 Dana Arrington Plan Review
Case Title / Description: Temecula Talk (Home Occupation)
PA15-1703 959-301-018 Jaime Cardenas 11/12/2015 Dana Arrington Plan Review
Case Title / Description: Temecula Talk (Home Occupation)
Page 3 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1704
916-655-011 Jaime Cardenas 11/12/2015 11/12/2015 Kimberly Rojas Approved
Case Title / Description: Sweet Decadence (Home Occupation)
PA15-1709 940-310-059 Jaime Cardenas 11/13/2015 11/16/2015
Case Title / Description: Betterworld Circle ZL: A Zoning Letter for the address located at 43516 and 43548
Ridge Park (940-310-059 and 940-310-060, respectively).
Ridge Park Completed
Office
PA15-1714
960-020-057 Brandon Rabidou 11/16/2015 Mohammad Selwyn Out
Shaath Ginsburg
Case Title / Description: Starbuzz CUP Mod: A Minor Modification to the existing Conditional Use Permit for
Starbuzz Hookah Lounge to allow for the addition of a Disc Jockey at 32483 Temecula Parkway
PA15-1717
916-400-040 Scott Cooper 11/16/2015 Andrew
Dzulynsky
Case Title / Description: Audi Minor Mod: A Minor Modification for Audi to add an additional 712 square feet
to the service section of the building, relocate the trash enclosure outside of the building, and to re -stripe the
ADA parking on site. The project is located at 40955 Temecula Center Drive.
(858) 500-4608 Harveston SAB Plan Review
PA15-1720 953-531-012
Jaime Cardenas 11/16/2015
Case Title / Description: Classy Kay Events (Home Occupation)
Cassandra
Vazquez
Plan Review
PA15-1721 Jaime Cardenas 11/16/2015 11/16/2015 Anna Hopson
Case Title / Description: ParTeOn (Home Occupation)
(951) 302-3824 Approved
PA15-1724
962-592-027 Jaime Cardenas 11/17/2015 01/08/2016 Joseph (Joe) Approved
Scira
Case Title / Description: Fitness Storage (Home Occupation)
PA15-1727
953-290-032 Jaime Cardenas 11/17/2015 11/19/2015 SargenaYousef Approved
Case Title / Description: Dazzsle Me Favors and Events (Home Occupation)
PA15-1728
962-541-010 Jaime Cardenas 11/17/2015 11/17/2015 Hilda Coffey Approved
Case Title / Description: Happy Wife Cleaning Service (Home Occupation)
PA15-1729
960-020-057 James Atkins 11/17/2015 01/07/2016 Robert Craig
Case Title / Description: Uncle Bob's Sports Bar CUP: a Conditional Use Permit to allow for Uncle Bob's
Sports Bar to acquire a Type 47 Liquor License and provide live entertainment 7 nights a week. This is an
existing establishment which is currently operating under a Type 41 Beer and Wine license. The site is
located at 32483 Temecula Parkway.
(909) 263-5678 Approved
Page 4 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1730
962-270-012 Jaime Cardenas 11/17/2015 01/08/2016 Annette Approved
LaFontaine
Case Title / Description: Annette LaFontaine, CMT (Home Occupation)
PA15-1738
Jaime Cardenas 11/18/2015 11/18/2015 Monique Nelson Approved
Case Title / Description: Monique Nelson (Home Occupation)
PA15-1739
966-091-080 Jaime Cardenas 11/18/2015 11/18/2015 Fernando Approved
Herrera IV
Case Title / Description: Temecula Distributions (Home Occupation)
PA15-1741
909-374-045 James Atkins 11/18/2015 12/16/2015 Josh Molach
Case Title / Description: Amtek Service Minor Mod: A Minor Modification (Planning Review Only) to add 15
roof mounted photovoltaic modules to an existing commercial building. The project is located at 42225
Remington Avenue.
(951) 634-7389 Cliff Webb Approved
PA15-1742
962-221-022 Jaime Cardenas 11/18/2015 11/20/2015 Anthony Tamraz Approved
Case Title / Description: Ameristar Financial, Inc. (Home Occupation)
PA15-1748
953-130-018 Jaime Cardenas 11/19/2015 11/19/2015 Kay Cadmes Approved
Case Title / Description: Kay Cadmes Consulting (Home Occupation)
PA15-1761
957-201-027 Jaime Cardenas 11/19/2015 11/19/2015 Robert Callahan Approved
Case Title / Description: Bob Callahan's Pool Service (Home Occupation).
PA15-1763
966-161-014 Jaime Cardenas 11/19/2015 11/19/2015 Kara Motte Approved
Case Title / Description: Shire Lane Studio (Home Occupation)
PA15-1773 921-260-024 Jaime Cardenas 11/23/2015 12/16/2015 Lucie Ghioto
Case Title / Description: Del Taco ZL- A Zoning Letter verification for the property located at 27453 Ynez
Road (APN 921-260-024).
(407) 622-7500 DEL TACO Completed
RESTAURANT
PROP III
PA15-1774
966-161-047 Dale West 11/23/2015 Matthew Licausi Plan Review
Case Title / Description: Faded Mulch (Home Occupation)
Page 5 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1783
910-420-030 Brandon Rabidou 11/24/2015 David De (951) 784-0007 TEMECULA Plan Review
Gennaro TOWNE
CENTER
ASSOC
Case Title / Description: Karen Allen Salon Mod: A Minor Modification (Planning Review Only) to add an
awning to an existing storefront at the Promenade Mall 40700 Winchester Road Suite 710
PA15-1786 955-203-011 Jaime Cardenas 11/25/2015 11/25/2015 Beau Serat
Case Title / Description: Redhawk Electric (Home Occupation)
(951) 775-1420 Approved
PA15-1788
966-010-013 Scott Cooper 11/25/2015 12/01/2015 Andrew Call
Case Title / Description: Les Schwab MOD: A Minor Modification (Planning Review Only) to allow for a
change in the path of travel from the previously approved Development Plan (PA14-2796) to accommodate an
existing transformer at 43890 Butterfield Stage Road
(623) 523-3943 SFPE LLC Approved
PA15-1792
910-420-030 Brandon Rabidou 11/30/2015 Brock Heckmann TEMECULA Out
TOWNE
CENTER
ASSOC
Case Title / Description: LaserAway MOD: A Minor Modification (Planning Review Only) to allow for the
addition of a canopy to the front facade of the LaserAway store 40820 Winchester Road Suite 700
PA15-1794
921-020-051 James Atkins 12/01/2015 12/21/2015 Nouri Nahoraof
Case Title / Description: EMD Millipore Canopy/Awning MOD: a Minor Modification (Planning Review Only)
to allow for the installation of an awning on the west side of the primary structure to allow for the loading and
unloading of materials during rainy days. The site is located at 28880 Single Oak Drive.
CHEMICON Approved
INTERNATION
AL INC
PA15-1795
921-661-018 Jaime Cardenas 12/01/2015 12/01/2015 Jeffrey Anderson Approved
Case Title / Description: Anderson Masterpiece (Home Occupation)
PA15-1800
Brandon Rabidou 12/02/2015 12/02/2015 Tom Lapp Approved
Case Title / Description: 7th Santcuary Designs (Home Occupation)
PA15-1801
961-410-008 Brandon Rabidou 12/02/2015 Paul Peck Navy Federal Plan Review
Credit Union
Case Title / Description: Navy Federal EOT: An extension of time application for a Development Plan and
Conditional Use Permit for Navy Federal Credit Union (PA12-0142 & PA12-0143) located at APN 961-410-008
Page 6 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1802 922-024-009
Jaime Cardenas 12/02/2015
Case Title / Description: Palomar Hotel Extension of Time: The fourth Extension of Time application for the
Palomar Hotel Expansion. The project is located at 28522 Old Town Front Street.
Carlos Palma (951) 264-8664 Palomar Rental Plan Review
PA15-1803 921-320-062
Scott Cooper 12/02/2015
Case Title / Description: 29400 Rancho Cal Major Mod: A Major Modification to add 303 square -feet to the
existing building and to construct a 1,559 square -foot building and a 1,300 square -foot building located at
29400 Rancho California Road.
Christopher
Campbell
(951) 639-0301 c-21 Temecula Out
LLC
PA15-1806
909-374-045 Scott Cooper 12/03/2015 12/09/2015 Robert Blanton (951) 852-2293 Approved
Case Title / Description: Warfighter Made TUP: a Temporary Use Permit to allow for Warfighter Made to
conduct an event that will include an open house, car show, toy drive, kids corner/bounce house, food,
vendors, raffles, and live entertainment consisting of DJ's and live band. The event will be held on December
12th from 11:00 a.m. to 5:00 p.m. The site is located at 42225 Remington Avenue A#14.
PA15-1807 910-420-030 Cheryl Kitzerow 12/03/2015
Case Title / Description: Promenade Mall Major Mod: A Major Modification to the Promenade Mall to convert
a portion of the existing enclosed retail mall ("Macy's wing") to an open-air shopping experience. In addition,
two new restaurants will be constructed adjacent to the "Macy's wing" in the existing mall parking lot.
Modifications to the existing mall area include removal of the roof, construction of open air concourse/plazas,
addition of new exterior wall finishes with new tenant storefronts, new decorative paving, landscaping, lighting
and amenities in public areas. Additional site changes include modifications to the access/circulation at the
Ring Road and Promenade Mall South, adjacent parking lot, and restriping of parking areas throughout the
site.
Forest City Forest City (213) 416-2200 TEMECULA
Commercial Commercial Group TOWNE
Group CENTER
ASSOC
Plan Review
PA15-1808
910-470-035 Scott Cooper 12/04/2015 Nicole Mosier (970) 690-8225 NUMBER 2 PC Hearing
Case Title / Description: The Paint Barrel CUP: A Conditional Use Permit to serve beer and wine during
painting sessions under at Type 42 ABC License. The project is located at 40573 Margartia Road, Suite K.
asdfsaf
PA15-1811
910-420-030 Scott Cooper 12/07/2015 01/04/2016 Amir Mostafa
Case Title / Description: Promenade Mall Trampoline Bungee TUP: A Temporary Use Permit for a
trampoline bungee to operate at the Promenade Mall located across from the movie theater for one year from
December 17, 2015 until December 17, 2016.
(734) 748-4680 TEMECULA Approved
TOWNE
CENTER
ASSOC
Page 7 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1812 922-024-008
James Atkins 12/08/2015
Case Title / Description: Root Beer shop ATM MOD: a Minor Modification (Planning Review Only) to allow
for the construction and installation of an ATM machine Kiosk to be located on the porch of the existing Root
Beer shop. The site is located at 28500 Old Town Front Street.
Ron Johnson
(951) 768-4444 Vickie Plan Review
Hightower
PA15-1813 Jaime Cardenas 12/08/2015 12/08/2015 Joshua Orozco
Case Title / Description: Advanced Home Energy Concepts, Inc. dba QC Guys
(951) 491-5815 Approved
PA15-1815 922-043-010
Jaime Cardenas 12/09/2015
Case Title / Description: Truax Construction Yard TUP: A Temporary Use Permit for the Truax building to
use the two adjacent parcels as a construction yard including a trailer, parking and lawydown area. (APNs:
922-043-016 and 922-043-010)
Ross Jackson Truax Development
Consolidated Plan Review
Annuity &
Insurance
Services
PA15-1816
921-480-048 Scott Cooper 12/09/2015 Nick Prestininzi (714) 307-3720 Stan Robbins Plan Review
Case Title / Description: Greenleaf Rent A Car CUP: A Conditional Use Permit for a rental car business
located at 27645 Jefferson Ave., Suite 108.
PA15-1819 944-290-023 Brandon Rabidou 12/10/2015 01/11/2016 Lee Charles
Case Title / Description: Summer Breeze Minor Modification: A Minor Modification to allow Summer Breeze
apartments to revise paint colors and cover existing lattice balconies at the apartment complex located at
29489 Via Las Colinas
(213) 798-7987 SUMMER Approved
BREEZE DEV
PA15-1820 957-170-012 Jaime Cardenas 12/10/2015 12/10/2015 Julie Foley
Case Title / Description: Julie Heiner Auto Sales (Home Occupation)
(951) 201-7388 Approved
PA15-1822
921-020-042 Brandon Rabidou 12/11/2015 Kasey Clark (951) 471-8419 KPN Industrial, Out
LLC
Case Title / Description: Temecula Business Center Sign Program: A comprehensive sign program for the
Temecula Business Center located at 28765 Single Oak Dr.
PA15-1824
Case Title / Description: Lee Scientific
960-212-007 Jaime Cardenas 12/11/2015 12/11/2015 RICHARD LEE Approved
PA15-1825
921-330-033 12/11/2015 Jayson
Johnstone
Case Title / Description: Sycamore Terrace Monuments MOD: a Minor Modification (Planning Review Only)
to allow for the construction of three (3) new monument signs for the Sycamore Terrace Apartments. The new
monument signs are proposed to be located at each of the three entrances into the property. The site is
located at 41770 Margarita Road.
(909) 747-7054 Packer Pointe Void
Page 8 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1826 955-244-016 Jaime Cardenas 12/11/2015
Case Title / Description: Ilona Nasim (Home Occupation)
Ilona Nasim Cancelled
PA15-1827
955-244-016 Jaime Cardenas 12/11/2015 01/08/2016 Ilona Nasim Approved
Case Title / Description: Ilona Nasim (Home Occupation)
PA15-1828 965-220-030 Jaime Cardenas 12/11/2015 12/11/2015 EDGAR
THOMAS
Case Title / Description: Math Advocates (Home Occupation)
(951) 303-8289 Approved
PA15-1833 910-271-007
Scott Cooper 12/14/2015
Case Title / Description: Riverside County DPSS Development Plan: A Development Plan for two 50,000
square -foot buildings for the County of Riverside Department of Social Services. The project is located at
26155 Ynez Road.
Lon Stephenson
(949) 788-4150 Edmond Plan Review
Berney
PA15-1839
Brandon Rabidou 12/14/2015 12/14/2015 Robert Johnston Approved
Case Title / Description: Inland Empire Floors (Home Occupation)
PA15-1843 944-290-027
James Atkins 12/14/2015
Case Title / Description: ALDI Market DP: a Development Plan to allow for the construction of an 18,552
square foot structure to be used as a food market. The site is located south of Rancho California Road and
east of Moraga Road.
Larry Canale
(951) 760-0760 Rancho View Plan Review
Professional
Center
PA15-1844 944-290-027
James Atkins 12/14/2015
Case Title / Description: ALDI Market CUP: a Conditional Use Permit to allow for the operation of an 18,552
square foot food market in the Professional Office (PO) zone. The site is located south of Rancho California
Road and east of Moraga Road.
Larry Canale
(951) 760-0760 Rancho View Plan Review
Professional
Center
PA15-1846 944-290-027
James Atkins 12/14/2015
Case Title / Description: ALDI Market ME: a Minor Exception to allow for ALDI Market to reduce the required
landscape from 25% to 21.25%. The site is located south of Rancho California Road and east of Moraga
Road.
Larry Canale
(951) 760-0760 Rancho View Plan Review
Professional
Center
PA15-1847 Matt Peters 12/14/2015 Bill Lewis (951) 376-9237 Plan Review
Case Title / Description: Appeal: An Appeal Application of Tm-08
Page 9 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1849
945-190-001 Brandon Rabidou 12/15/2015
Case Title / Description: Vaca Residence Mod: A Minor Modification (Planning Review) to install an attached
1,878 square feet garage, laundry room addition, and restroom at 30380 Colina Verde St.
Jonathan Gaxiola
(951) 764-8774 Jonathan Plan Review
Gaxiola
PA15-1850 909-281-024 Jaime Cardenas 12/15/2015 12/18/2015 Eric McCoy
Case Title / Description: Southern California Detox ZL: a Zoning Letter for the property located at 41743
Enterprise Circle North (909-281-024)
(909) 973-7273 Enterprise Completed
Court
PA15-1853 921-330-033
James Atkins 12/15/2015
Case Title / Description: Sycamore Terrace MOD: A Minor Modification (Planning Review Only) to install 3
monument signs, entry signs, corner, and secondary entry signs at Sycamore Terraca Apartments located
41770 Margartia Road
Johnstone
Johnstone Packer Pointe Plan Review
Construction Co Construction Co
PA15-1857
910-470-006 James Atkins 12/15/2015 12/28/2015 Matt Parks
Case Title / Description: JoAnn Fabric Mod: A Minor Modification (Planning Review Only) to split the existing
JoAnn Fabric location into multiple suites (including two new doors) located at 40462 Winchester Road
(330) 572-2241 Inland Western Approved
Temecula
Commons LLC
PA15-1860 954-072-029 Jaime Cardenas 12/16/2015 12/16/2015 Guowen Fang
Case Title / Description: GCAD International (Home Occupation)
(951) 506-7475 Approved
PA15-1862 959-332-001 Jaime Cardenas 12/16/2015 12/16/2015 Lianna Lanni
Case Title / Description: Elle Lily Photography And Videography (Home Occupation)
(951) 760-6708 Approved
PA15-1865 922-044-025 Brandon Rabidou 12/16/2015
Case Title / Description: 1909 Back Patio Bar Minor Mod: A Minor Modification (Planning Review Only) for
1909 to add a back patio bar to the existing historical structure located at 28656 Old Town Front Street.
Richard Leigh (909) 615-7622 Richard Leigh Plan Review
PA15-1867
921-771-001 Scott Cooper 12/16/2015 12/16/2015 Justin Critz Approved
Case Title / Description: Justin Critz Photography (Home Occupation)
PA15-1868
910-290-014 James Atkins 12/16/2015
Case Title / Description: Hospitality Car Wash Minor Mod: A Minor Modification (Planning Review Only) for
the installation of 159 solar panels to the roof of the existing structure located at 40495 Winchester Road.
Jay Radach
(760) 884-6701 Paul Toor Plan Review
Page 10 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA 15-1871
Jaime Cardenas 12/17/2015 12/17/2015 Pamela Cook Approved
Case Title / Description: Beach Babes Tans (Home Occupation)
PA15-1880 921-830-009 Brandon Rabidou 12/18/2015 01/07/2016 Richard Herman
Case Title / Description: Soccer Warehouse Minor Mod: A Minor Modification (Planning Review Only) to add
an exterior door to the front elevation of an existing commercial space located at 41377 Margarita Road,
Building F, Suite 106.
(323) 465-7066 PFP Temecula Approved
Real Estate
Holdings
PA15-1881
962-222-007 Scott Cooper 12/18/2015 12/18/2015 Brad Clark
Case Title / Description: Brad Clark Fine Art - Home Occupation
(619) 807-7802 Approved
PA15-1882 919-390-028 Brandon Rabidou 12/18/2015 01/07/2016 Stormie Siebold Stormie Approved
Siebold
Case Title / Description: Seibold Garage Minor Mod: A Minor Modification (Planning Review Only) for a 672
square -foot detached garage located at 40212 Vidette Circle.
PA15-1885
955-020-006 Scott Cooper 12/21/2015
Case Title / Description: Generations @ Linfield DP: A Development Plan for a 483,500 square -foot Senior
Apartments, Assisted Living and Memory Care Community containing 330 units, offices, day spa, health club,
medical clinic, theater, chapel, library, art studio, and eating areas. The project is located at the Linfield
Christian School (APN: 955-020-006)
Aaron Walker
(503) 594-2254 Linfield
Christian
School
Plan Review
PA15-1886 955-020-006
Scott Cooper 12/21/2015
Case Title / Description: Generations @ Linfield PDO Amendment: A Planned Development Overlay
Amendment for PDO -7, Linfield Christian School.
Aaron Walker
(503) 594-2254 Linfield
Christian
School
Plan Review
PA15-1889
961-341-043 Scott Cooper 12/21/2015 12/21/2015 Robert Capielo Approved
Case Title / Description: CP Media Group Inc - Home Occupation
PA15-1890
957-710-009 James Atkins 12/21/2015 12/28/2015 Knute Noland
Case Title / Description: Rorapaugh Ranch elevation MOD: a Minor Modification (Planning Review Only) to
allow for Lot 9 located in Rorapaugh Ranch to change from a 3ER elevation, to a 3AR elevation. The lot is
located at 31233 Skyline Drive.
(951) 970-4521 KB Home Approved
Coastal Inc
Page 11 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PA15-1892
961-450-013 Eric Jones 12/21/2015
Case Title / Description: Cypress Ridge Development Plan: A Development Plan to allow for the
construction of a 245 unit multi -family development generally located on the northeast corner of Pechanga
Parkway and Loma Linda Road
John
Fitzpatrick
Plan Review
PA15-1893 961-450-003 Eric Jones 12/21/2015 RC Pechanga Plan Review
20, LP
Case Title / Description: Cypress Ridge Tentative Tract Map: A Tentative Tract Map to allow for the creation
of two lots that will be used for residential purposes. The project is generally located on the northeast corner of
Pechanga Parkway and Loma Linda Road. Related application - PA15-1892)
PA15-1894
961-450-013 Eric Jones 12/21/2015 John Fitzpatrick (323) 450-2334 RC Pechanga Plan Review
20, LP
Case Title / Description: Cypress Ridge General Plan Amendment: A General Plan Amendment application
to allow for existing zoning to be changed from Professional Office to Medium Density Residential. The project
is located on the northeast corner of Pechanga Parkway and Loma Linda Road
PA15-1895
961-450-012 Eric Jones 12/21/2015 John Fitzpatrick (323) 450-2334 RC Pechanga Plan Review
20, LP
Case Title / Description: Cypress Ridge Planned Development Overlay: A Planned Development Overlay to
change zoning from Professional Office to Planned Development Overlay 15. The project is located on the
northeast corner of Pechanga Parkway and Loma Linda Road.
PA15-1896 962-290-019 System
Case Title / Description: Southern Pacific Construction (Home Occupation)
12/22/2015 01/08/2016 William Patterson Approved
PA15-1898
921-720-001 Brandon Rabidou 12/23/2015 Marcatects Marcatects (760) 743-4109 DCH
Investments
Inc.
Case Title / Description: DCH Temecula Fiat Major Mod: A Major Modification to DCH
Chrysler/Dodge/Jeep/Ram/Fiat to add 1,200 square feet of new show room area and sales office area at
26845 Ynez Road
Plan Review
PA15-1899 Brandon Rabidou 12/23/2015 12/23/2015 Donald Sadlon
Case Title / Description: Don Sadlon Handman Service (Home Occupation)
(951) 541-6970 Approved
PA15-1900
961-341-011 Brandon Rabidou 12/23/2015 12/23/2015 Martin Loya Approved
Case Title / Description: Martin S Cleaning Services (Home Occupation)
Page 12 of 15
Assigned Planner
Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PA15-1901
959-080-036 James Atkins 12/23/2015
Case Title / Description: Deportola Office MOD: a Minor Modification (Planning Review Only) to allow for the
removal of double doors located on south elevation facing the internal courtyard, to be replaced by matching
windows. The site is located at 44025 Margarita Road.
John Bohannon
Acie Inv Plan Review
PA15-1903
961-342-020 James Atkins 12/24/2015
Case Title / Description: Mr. Hookah (Home Occupation)
Rafeek Hamada Plan Review
PA15-1904
959-080-005
James Atkins 12/24/2015
Case Title / Description: Temecula MOB II DP: a Development Plan to allow for the construction of a 25,121
square foot, 2 -story medical office building on 2.2 acres. The site is generally located on the south side of De
Portola Road, approximately 500 feet west of Margarita Road located at 31625 De Portola Road.
John Bohannon TV Phase One, Plan Review
LLC
PA15-1908 Jaime Cardenas 12/28/2015 12/28/2015 Michael Boucher
Case Title / Description: Boucher Wash & Detail (Home Occupation)
(951) 704-6103 Approved
PA15-1911 955-132-054 Jaime Cardenas 12/29/2015 12/29/2015 Robert Johnston
Case Title / Description: System Energy Audit Company, Inc. (Home Occupation)
(619) 807-3783 Approved
PA15-1917
961-161-019 Scott Cooper 12/30/2015 12/30/2015 Vicel Kalambakal
Case Title / Description: JTK's Chiropractic Billing Service (Home Occupation)
Approved
PA15-1920 945-280-003 Jaime Cardenas 12/30/2015 12/30/2015 James Pylant
Case Title / Description: Flow Research & Manufacturing Incorporated (Home Occupation)
(951) 506-0850 Approved
PA 15-1921
922-033-021 Eric Jones 12/31/2015
Case Title / Description: 4th and Front Appeal: An Appeal to the recently approved 4th and Front
Development Plan (PA15-0694). The project was originally approved on December 16, 2015
(APN:922-033-021).
Rita Starnes
(760) 731-6625 DWT OTT Plan Review
PREAPP15-164 945-070-009 Scott Cooper 11/03/2015 11/19/2015 Zaharoni Zaharoni (951) 698-1350 Completed
9 Development Development
Case Title / Description: Zaharoni Zone Change: A Pre -Application to allow for an existing 1.39 acre L-1
zoned lot to be rezoned to L-2 and split to allow for resulting lots to be a minimum 0.50 acres. The lot is
located approximately 340 feet south of Pauba Road and 100 feet east of Ormsby Road (APN 945-070-009).
Page 13 of 15
Assigned Planner
PA Number Project Name APN
Apply Date
Approval Business
Date Applicant Company Name Phone
Owner Status
PREAPP15-168
4
944-330-008 James Atkins 11/10/2015 12/11/2015 Skip Jackson
Case Title / Description: Tierra Vista Townhomes Pre -App: A pre -application for Tierra Vista Townhomes
Tract 13423 Lot 2. The site is located at Ynez Road and Tierra Vista Rd.
(714) 350-9585 Completed
PREAPP15-170 922-024-008 James Atkins
6
11/13/2015 12/11/2015 Ron Johnson (951) 768-4444 Jerry Stamper Completed
Case Title / Description: Old Town Front Street ATM Pre -App: a Pre -Application to allow for locating an ATM
to the exterior of an existing building. The unit will be enclosed in an attached structure on the south side of
the building. The site is located at 28500 Old Town Front Street.
PREAPP15-173 945-100-009 Scott Cooper
6
11/18/2015 01/05/2016 Gregg Hughes Completed
Case Title / Description: Hughes Lot Line Adjustment Pre -App: A Pre -Application for a lot line adjustment to
split an existing 6.38 -acre lot into at least two (2) lots and develop the lots. The project is located in the
Chaparral Area. APN: 945-100-009
PREAPP15-179 922-054-024 Brandon Rabidou 12/01/2015 01/07/2016 Robert Pisa
7
Case Title / Description: Iglesia Bautista del Valle de Temecula Pre -App: A pre -application for Iglesia
Bautista del Valle del Temecula to demolish the existing sanctuary and parking lot and construct a new
sanctuary and parking lot at 28639 Pujol Street.
Iglesia Bautista Completed
Del Vallede
Temecula
P REAP P 15-185 921-730-067
2
James Atkins 12/15/2015
Case Title / Description: DCH Temecula Pre -App: A preapplication for the paving of an existing parking
storage area located at 26925, 26957, and 26989 Ynez Road
Omar Maciel
(949) 252-1022 DCH INV Plan Review
P REAPP 15-187 921-060-056
Scott Cooper 12/17/2015
Gary Tuttle
(951) 302-5444 Well profit Plan Review
4 International
Case Title / Description: Hilton Garden Inn Pre -App: a Pre -Application to allow for the construction of a new
3 -story 106 guest room Hilton Garden Inn hotel. The hotel will include an outdoor public plaza, porte cochere
entrance, meeting rooms, outdoor pool/spa, and below grade parking. The site is located on the east side of
Jefferson Avenue, north of Rancho California Road.
PR EAPP 15-187 921-300-007
5
James Atkins 12/17/2015
Case Title / Description: Rancho Cal Apts Pre -App: a Pre -Application to allow for Rancho California
Apartments to expand the existing community room and add new kitchen/bathroom, add new windows in all
units, new HVAC system, new landscaping, and parking. The site is located at 29210 Stonewood Road.
Scott Sullivan Relativity Architects (310) 573-4300 Rancho Void
California
Apartments
Page 14 of 15
Assigned Planner
Approval Business
PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status
PREAPP15-189
1
921-030-012 Scott Cooper 12/21/2015
Case Title / Description: Truck Stop Pre -App: A Pre -Application to develop a parcel into two separate uses.
1. An expansion of the Truck Stop auto repair for a parking lot on the northern portion of the parcel. 2. An RV
Storage business on the southern portion of the business. The project is located on Blackdeer Loop, APN:
921-030-012
Kenneth Pymm
Fleet Truck& Auto (951) 719-3838
Shop Inc DBA The
Truck Shop
Plan Review
PREAPP15-191
8
921-310-025 Brandon Rabidou 12/30/2015
Case Title / Description: Orchard Christian Fellowship Pre -App: A Pre -Application for the installation of a
modular building at an existing religious facility for the purpose of bible study. The project is located at 42101
Moraga Road.
Tom Corcoran
(951) 837-3108 Plan Review
Page 15 of 15
Item No. 18
Approvals
City Attorney
Finance Director
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jeffrey Kubel, Chief of Police
DATE: January 26, 2016
SUBJECT: Police Department Monthly Report
PREPARED BY: Joseph Greco, Sergeant
RECOMMENDATION: Receive and file.
The following report reflects the activity of the Temecula Police Department for the month of
December 2015.
PATROL SERVICES
Overall calls for police service 3,245
"Priority One" calls for service 71
Average response time for "Priority One" calls 6.59 Minutes
VOLUNTEERS
Volunteer administration hours 178
Special Events hours 188
Community Action Patrol (CAP) hours 779
Reserve officer hours (patrol) 82
Training hours 61
Total Volunteer hours 968
CRIME PREVENTION
Crime prevention workshops/Neighborhood watch meetings conducted 0/0
Safety presentations/Training 0/0
Special events 1
Residential/Business security surveys conducted 0/0
Businesses visited 0
Residences/Businesses visited for past crime follow-up 0/0
Station Tour 0
Planning Review Projects/Temp Outdoor Use Permits 12/3
Square Footage of Graffiti
Removed 2,951
OLD TOWN STOREFRONT
Total customers served 174
Sets of fingerprints taken 47
Police reports filed 23
Citations signed off 27
Total receipts $2,727
SPECIAL TEAMS (POP / SET)
On sight felony arrests 5
On sight misdemeanor arrests 8
Felony arrest warrants served 1
Misdemeanor arrest warrants served 0
Follow-up investigations......... ...... ............ ...... ......... ...... ............ ...... ......... ...... ....... . 23
Parole/Probation Searches 0/7
PedestrianChecks... ...... ............... ...... ...... ............... ...... ...... ............... .22
Traffic Stops/Vehicle Checks 8
Crime Free Housing Checks 94
TRAFFIC
Citations issued for hazardous violations 731
Grant funded D.U.I. / Traffic safety checkpoints 1
Grant funded traffic click it or ticket 1
D.U.I. Arrests 12
Non -hazardous citations 373
Stop Light Abuse/Intersection Program (S.L.A.P.) citations 55
Neighborhood Enforcement Team (N.E.T.) citations 110
Parking citations 352
School Zone 15
Seatbelts 43
Cell Phone Cites 62
Injury collisions 28
INVESTIGATIONS
Beginning Caseload 178
Total Cases Assigned 67
Total Cases Closed 47
Search Warrants Served 7
Arrests 4
Out of Custody Filings........................................................................... 2
PROMENADE MALL TEAM
Calls for service 1214
Felony arrest/filings 0
Misdemeanor arrest/filings 31
Traffic Citations 159
Fingerprints/Livescans 151
Total receipts $5,867
SCHOOL RESOURCE OFFICERS
Felony arrests 2
Misdemeanor arrests 5
Reports 17
Youth counseled 99
Meetings 75
Item No. 19
Approvals
City Attorney
Finance Director
City Manager
Ozer -
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Thomas W. Garcia, Director of Public Works/City Engineer
DATE: January 26, 2016
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the Public Works Department Monthly Report for
Capital Improvement Projects, Maintenance Projects, and Land Development Projects.
City of 'TemecuCa
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
JANUARY 26, 2016
PROJECT NAME
BRIEF DESCRIPTION
TOTAL
PROJECT
COST
ESTIMATED/CURRENT MILESTONES
CAPITAL IMPROVEMENT PROJECTS
CIRCULATION PROJECTS
Citywide Slurry Seal for Arterial Streets
Slurry arterial streets (Winchester, Jefferson, and
Temecula Parkway) with the goal to prolong their
useful life and avoid much more costly roadway
rehabilitation measures
$658,750
• City Council approved the solicitation of
construction bids at the January 12, 2016
meeting
Interstate -15 / State Route 79 South
Ultimate Interchange, PW04-08
Construction of ramp system that will improve
access to Interstate 15 from Temecula Parkway /
State Route 79 South
$50,646,123
• Processing project approvals through
Caltrans
• Anticipate soliciting construction bids in late
spring or early summer of 2016
Pechanga Parkway Widening, PW15-14
Widening of Pechanga Parkway between Via
Gilberto to North Casino Drive
$5,000,000
• Anticipate posting Request for Proposals
on Planetbids for design and the
environmental document by the end of
January 2016
Winchester Road at Roripaugh Ranch
Road Signal
Provides for the design and construction of
modifications by providing designated left run
movements from Roripaugh Road onto
Winchester Road
$92,000
• City Council approved the solicitation of
construction bids at the January 12, 2016
meeting
INFRASTRUCTURE PROJECTS
City Hall Exterior LED Lighting/"Light It
Up", PW15-05
Installation of exterior LED lighting at City Hall for
the "Light It Up" events
$67,482
• Received one Proposal to the RFP
• Negotiations are on-going with the Vendor
• Construction is expected to be complete by
the end of March 2016
Fire Station 73 Living Quarters Upgrade,
PW13-07
Improvements to living and sleeping quarters to
accommodate staff
$1,859,500
• Construction is in its final stages
• Anticipate Grand Re -Opening in February
2016
City of 'Temecula
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
JANUARY 26, 2016
PROJECT NAME
BRIEF DESCRIPTION
TOTAL
PROJECT
COST
ESTIMATED/CURRENT MILESTONES
CAPITAL IMPROVEMENT PROJECTS (continued)
INFRASTRUCTURE PROJECTS (continued)
Pavement Rehabilitation Program
Old Town Front Street Pavement and
Storm Drain Rehabilitation, PW12-14
Replacement of the cross gutter at the south end
of Old Town Front Street with underground
pipes; rehabilitate Old Town Front Street from
Temecula Parkway to First Street
$585,000
• Request approval to Annul Contract,
Reject All Bids, and Request Authorization
to Solicit New Construction Bids was
approved by City Council at the January
12, 2016 meeting
• Anticipate advertising for bids by end of
January 2016
Temecula Park and Ride, PW06-09
Design and construction of a park and ride facility
in the vicinity of Temecula Parkway and La Paz
Street
$2,764,093
• Currently being advertised for construction
bids with a bid opening date of February 3,
2016
PARKS & RECREATION PROJECTS:
Sam Hicks Monument Park Playground
Enhancement, PW12-20
Design and construct a new innovative play area
to replace the existing equipment
$648,888
• Notice to Proceed with Design and
Fabrication was issued on June 9, 2015
• Design plans (60%) have been reviewed
and comments were provided to the
Designer
• An agreement for construction will be
executed at a later date
City of 'TemecuCa
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
JANUARY 26, 2016
PROJECT NAME
BRIEF DESCRIPTION
TOTAL
PROJECT
COST
ESTIMATED / CURRENT MILESTONES
MAINTENANCE PROJECTS
City Facilities Rehabilitation —
Mary Phillips Senior Center
Rehabilitation
Install new flooring throughout various areas of
the facility, paint interior, upgrade front reception
area, repair damaged trim molding, and replace
ceiling tiles
$125,000
• First Phase completed October 9, 2015
• Second Phase Restroom Upgrades started
November 16, 2015
• All rehab work was completed in December
2015
Playground Equipment Enhancement and
Safety Surfacing
Replace aging play structures and associated
safety surfacing
$275,000
• Priority list and replacement program being
prepared
City of 'TemecuCa
DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT
JANUARY 26, 2016
PROJECT NAME
BRIEF DESCRIPTION
ESTIMATED/CURRENT MILESTONES
LAND DEVELOPMENT PROJECTS
DePortola Professional Building
Located at the corner of DePortola Road and Margarita
Road
• Sewer main installation ongoing at the Margarita
intersection along the eastbound lanes of DePortola
• All work will be conducted at night from 9:00 p.m. to
5:00 a.m., and appropriate traffic detours will occur
Murrieta Creek Restoration Project
Army Corps of Engineers and Riverside County Flood
Control and Water Conservation District
• Creek restoration may be discontinued until after the
rainy season
Old Town Sewer Project
EMWD project located at located at Front Street and
Moreno Road to First Street
• Sewer pipe installation from Third Street to the North
Entrance to Old Town (North Arch) is currently
underway
• Portions of sewer pipe installation between the U -
Haul site and Third Street, and Moreno Road and the
North Entrance to Old Town (North Arch) are
complete
Single Oak and Business Park Dr.
• Re -aligned handicap ramps are under construction
at this location
• Expect narrow travel lanes during and after
construction
Terracina
Standard Pacific Housing Development in County
• The sewer main project along deer Hollow is
currently underway from Peach Tree Street to
Peppercorn Drive
Ynez Median Improvements
Ynez Road
• Re -alignment of center median to establish a south
bound left turn pocket at the GMC Dealership has
begun
• Lane closures are anticipate during construction
REQUESTS TO SPEAK
City Council Meeting 01/26/16
I wish to speak on:
Subject:
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
(/k
Public Comment CITY COUNCIL / C D / SARDA /THA / TPFA (Circle One)
6( C- 4 4 7) .11 (7 0_1 7,L /111/&( 04 / 60 (1/tz---)((/ 0V/F
Agenda Item No. For
Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state our name for the record
/�/
Name:
Address:
If you are representing an organization or group, please give the name:
C L i7
Phone Number: f/( 7 5 7 7
Please note that ail information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: L-26 --/-L
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Subject:
pr/Agenda Item No. / 0/ For 9 Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
� /1
Name: �/ f i 2 C�.7
Address: ✓�/�'�GI/cii Phone Number:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date: ^ oto -20
I wish to speak on:
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Subject: U'C-Z,\\\.)`()01\-)Q--C .D()
Agenda Item No. N.9 -C) For Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: a/(7,,,t/De def OTZ_-
Address: Phone Number: 751"09-6-20c
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
Subject:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: // 2 t.- /6.
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Agenda Item No.
For
Against (-r 45- j- ! i
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: L /L2S G.C& 5 S a2
Address: ' Phone Number: — (� /
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
Subject:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: !— ((p J �6
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
1 vV 13
Agenda Item No. ( 3 For
Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your ame for the record.
Name:
Address:
�
(� `r Phone Number: _qsIll
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
Subject:
Y
Public Comme
.1t
Agenda Item No
REQUEST TO SPEAK
CITY OF TEMECULA
Date: \Ja,A tc,
�
�lL SOW" �
CITY COUNCI R CSD / SARDA / TPFA (Circle One)
For Against
+?ram at
6,-(1c)
GLAD Co) by ,kA b
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podiu nd state your name for the record.
Name` la0 Y 1 /� (.4�li'fect [
,
If you are representing an organization or group, please give the name:
TOMCCAAO\ 'Qr'r rz7. (\tz.c_s.Q Cse/ni/LaJoN
Please note that all information presented at a City Council meeting becomes public record.
Al! information provided is optional.
I wish to speak on:
Subject:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: DV,V1 %p
Public Commen CITY COUNCI CSD / SARDA /THA / TPFA (Circle One)
, `NF11 Pr ti L4 D �} -a N
Agenda Item No. 1� For
Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: -Lf 13
Address: .„
If you are representing an organization or group, please give the name:
Phone Number: /- —
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: bi ja
7 Public Comment CITY COUNCIL' CSD / SARDA /THA / TPFA (Circle One)
Subject: i1triTiCk i C VO ---)j.3) IN
Agenda Item No. -4 For ,3Z-1 Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: 1/474'��1�-Ns� rv,
Address: �3)36 e)1 DPivz Phone Number: /—��" // —6).ab
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
Subject:
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Public Comment CITY COUNCIL / CSD / SARDA /THA/ TTPFA (Circle One)
Cc..) (.77,/t
lig Ci`%/ t
Pi a V I [ 'C,V\
Agenda Item No.
/;
For Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: Le/( / pEv7
Address: Phone Number:
If you are representing an organization or group, please give the name:
11
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
DOCUMENTS SUBMITTED
FOR THE RECORD
•
Randi Joh!
From: Sue Steffen
Sent: Wednesday, January 27, 2016 8:10 AM
To: Aaron Adams; Greg Butler; Luke Watson; Randi Johl
Subject: FW: Public Hearing 1/26/2016 - Temecula City Council
FYI
Sue Steffen
Executive Assistant
City of Temecula
(951) 694-6416
sue.steffen(a�cityoftemecu la.orq
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the Califomia Public
Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Nicholas Louvar[
Sent: Tuesday, January 26, 2016 11:13 PM
To: Michael McCracken; Matt Rahn; Jeff Comerchero; Mike Naggar; Maryann Edwards
Cc: Council Assistant
Subject: Public Hearing 1/26/2016 - Temecula City Council
This timeline is to inform the Temecula City Council of past Marijuana use of myself, Mr. Nicholas Louvar. These years are not
entirely accurate, 1 did want to show that when I began purchasing marijuana in 1996 there was seeds in the marijuana. Also
technologies had just started to be a mobile factor in a persons life. I paid monthly for a beeper service. 1 found marijuana an
extremely hard thing to accomplish in a grow. 1 am not eager to begin another kind of grow. This evening on 1/26/2016, I set
the channel to channel 3 the public access channel to the city of Temecula and there was a public notice or some sort of decision
made. Technologies have gone from a pager in 1996 and 56 k modem to a phone that is considered a "smart phone", and
laptops that can handle broadband internet much faster than the technologies I started with.
1996
16 years old - using marijuana
marijuana $25 per 1/4 of an ounce
seeds inside of marijuana
Technologies in use:
beeper and computer with a tower
56 k modem
2000
move to California
nothing to do except try and find marijuana
purchasing Marijuana
1
$20 per gram
no seeds in marijuana
Technologies in use:
computer with tower
56 k modem
2001
frequenting marijuana cultivation websites
trying to grow in a closet
ordering seeds online
Purchasing marijuana
$20 per gram
no seeds in marijuana
Technologies in use:
laptop computer
wireless internet
2002
frequenting marijuana cultivation websites
ordering seeds online
.,
growing (1) plant in a cabinet grow using a 150w HPS light and ballast that is wired from learning about marijuana cultivation
on online websites.
Purchasing marijuana
$300 per ounce
no seeds in marijuana
Technologies in use:
laptop computer
wireless internet
2003
leaving marijuana grow
2
move home with parents
entering Narcotic Anonymous
Technologies in use:
no technologies in use
2004
purchasing marijuana
$20 per gram
no seeds in marijuana
Technologies in use:
no technologies in use
2005
move home with parents after surgery
Technology in use:
computer with tower
wireless modem
2006
receive medial marijuana card in Los Angeles
purchasing marijuana
no seeds in marijuana
ordering seeds online
parents do not allow marijuana to be grown
Technologies in use:
computer with tower
wireless modem
cell phone smart phone
2012
marijuana is no longer purchased
3
Technologies in use:
laptop computer
wireless modem
cell phone smart phone
2016
marijuana is no longer purchased
Technologies in use:
computer with a tower
wireless modem
Randi Johl
From: Randi Johl
Sent: Tuesday, January 19, 2016 1:18 PM
To: Randi Johl
Subject: FW: Medical marijuana
Original Message
From: Mike Naggar
Sent: Tuesday, January 19, 2016 9:28 AM
To:
Cc: Michael McCracken; Matt Rahn; Jeff Comerchero; Maryann Edwards; Council Assistant
Subject: Re: Medical marijuana
> Hi Walt,
>
> I think you gave me a ticket once ( no kidding).
>
> I have an 8 year old niece dying of cancer She is on hospice CBG oil helps her pain and helps her eat. She
screams all night in pain. There is another side.
> I have heard your argument and do not necessary disagree in totality. Only thing is we must do better then
that argument because medical benefits are becoming mainstream.
We will hear the issue again at the council meeting on the 26th. I urge you to be there and offer your point of
view
Mayor Mike
> On Jan 19, 2016, at 9:07 AM, wrote:
> I am disappointed in your recent decision to allow medical marijuana sales and growing . Your decision will
lead to more availability of this drug to those who do not need it. As a retired CHP officer I have seen
numerous tragedies involving alcohol and drug use. I have lived here since 1976 and patrolled the area since
1978 and I know first hand of the problems involving drugs. Also as a 10 year school board member I attended
numerous hearings involving marijuana possession and after looking at the students records I can tell when
the use started. This is a conservative city, always has been and we always did the RIGHT thing not what's
popular in other areas. I know that drugs are out there and we don't need to add to it. Any John or Jane can
get a medical card for almost ANY reason which is another problem. Please reevaluate your decision . If you
stick with your decision please don't involve yourself with any anti drug campaigns , it will only make you look
like Hippocrates . Follow Murrieta. JUST SAY NO
> Walt Swickla
> Sent from my iPad
1
Randi Johl
From: Randi Johl
Sent: Tuesday, January 26, 2016 2:20 PM
To: Aaron Adams; Greg Butler; Peter Thorson; Luke Watson; Dale West
Subject: Citizen Correspondence Regarding Medical Marijuana Related Items on Agenda #2
Importance: High
MCC and staff — for informational purposes, the following correspondence was received by the City Clerk's
office today in regards to tonight's agenda items related to medical marijuana. By way of this email, the
correspondence is being shared with all Council Members and relevant staff. This correspondence, along with
any additional correspondence received before or at the meeting tonight, will also be made a part of the official
record.
Randi
Original Message
From: Sue Steffen
Sent: Tuesday, January 26, 2016 11:28 AM
To: Aaron Adams; Greg Butler; Randi Johl; Luke Watson
Subject: FW: Marijuana ordinance
Importance: High
FYI. For tonight's meeting
Sue Steffen
Executive Assistant
City of Temecula
(951) 694-6416
sue. steffen(c�cityoftemecula. orq
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to
the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
Original Message
From: Daniel Dobronjmailto:
Sent: Tuesday, January 26, 2016 11:25 AM
To: Michael McCracken; Matt Rahn; Jeff Comerchero; Mike Naggar; Maryann Edwards
Cc: Council Assistant
Subject: Marijuana ordinance
Dear distinguished City council members,
I have lived in Temecula for over 10 years now and I'm raising a family of five children and I absolutely love
living in the city because of what it embodies. I was just told today of an ordinance that is being voted on this
evening to allow residents of the city of Temecula to grow their own marijuana on their properties. My wife and
I are in the hospital right now because she just gave birth or else I would be present at tonight's meeting to
voice my opposition to allowing this ordinance to pass. I want for my opinion, which I am voicing through this
email, to be read into the official record as my absolute opposition to allowing this ordinance to pass. This
would be terrible for the great community that has been created and send the wrong message to the
thousands of use that are being raised in this family oriented city.
i
Please confirm receipt of my email and acknowledge that my opposition will be read into the official record at
the meeting this evening.
Thanks,
Daniel Dobron
( office
( fax
2
f
Shelley Pollak
From: Sue Steffen
Sent: Tuesday, January 26, 2016 8:07 AM
To: Aaron Adams; Greg Butler; Randi Johl
Subject: FW: SUPPORT MEDICAL MARIJUANA CULTIVATION AND DSPENSARIES
E-mail to Matt Rahn
Sue Steffen
Executive Assistant
City of Temecula
(951) 694-6416
sue.steffen(c�cityoftemecula.orq
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to
the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
Original Message
From: MickeyTheodore [
Sent: Tuesday, January 26, 2016 7:07 AM
To: Matt Rahn
Cc: Council Assistant
Subject: SUPPORT MEDICAL MARIJUANA CULTIVATION AND DSPENSARIES
12/08/2015
Michelene Theodore
RE: SUPPORT MEDICAL MARIJUANA DISPENSARIES and CULTIVATION; AT 90 YEARS OF AGE MY
MOTHER WAS CURED OF VIOLENT DELUSIONAL DEMENTIA BY USING MEDICAL MARIJUANA
My mother was able to live a normal active life style (until she died at
93 years of age) thanks to Medical Marijuana which she ate 4 teaspoons a day in her food for the last 3 years
of her life.
At 90 years of age (before taking Medical Marijuana) she became delusional.She thought she had a bug/tick
that had entered the top of her head and gone through her brain to her neck.This made her violent and
completely uncontrollably combative.She went to Loma Linda Hospital for evaluation where they diagnosed her
as delusional and they said she would either be institutionalized for the rest of her life or on the medications
they proscribed.
The proscribed medications made her into a vegetable.She drooled and shook from head to toe from the
medications.Her coordination became so bad that she could not even hold a sandwich, walk or stand up.
As a last resort,) gave her the Medical Marijuana and she was immediately (20 minutes later) cured of her
delusion.She was able to function normally.Her shaking stopped.She went swimming daily, shopping, went out
to family functions.When I asked her how she was doing.She said "GREAT"
1
Medical Marijuana gave my mother a normal life; its results were nothing short of a miracle.
Please support Medical Marijuana dispensaries; FOR MANY PATIENTS MEDICAL MARIJUANA IS A
SERIOUS MATTER OF LIFE OR DEATH.IT IS CURING CANCER, LUPUS AND 100S OF OTHER
AILMENTS.
Thank you,
Michelene Theodore
2
J
Shelley Pollak
From: Sue Steffen
Sent: Tuesday, January 26, 2016 8:08 AM
To: Aaron Adams; Greg Butler; Randi Johl
Subject: FW: Medical Marijuana
FYI
Sue Steffen
Executive Assistant
City of Temecula
(951) 694-6416
sue.steffen(&cityoftemecula.orq
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public
Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Barbara Tuttle[
Sent: Monday, January 25, 2016 7:22 PM
To: Michael McCracken; Matt Rahn; Jeff Comerchero; Mike Naggar; Maryann Edwards
Cc: Council Assistant
Subject: Medical Marijuana
Dear Temecula City Council Members,
We were just made aware that you will be voting on an ordinance Tuesday night to make it legal for individuals to grow
their own medical marijuana.
We oppose this action and request that it not be legalized.
It opens the door to misuse of the ordinance, availability of marijuana to the general public with no real way of
regulating it, and encouragement of even more people to use marijuana who may not benefit from it. Marijuana is
considered a gateway drug that will lead to the use of harder drugs.
Important questions to ask:
Does it upgrade society in our outstanding community?
Does it enhance a positive family atmosphere in the homes in our community?
Does it take us in a positive direction for growth and improvement?
No, on all counts!
Please do not legalize individuals in growing their own marijuana!
Thank you for reading our request.
Respectfully,
Bob and Barbara Tuttle
1
2
Shelley Pollak
From: Randi Johl
Sent: Tuesday, January 26, 2016 11:23 AM
To: Shelley Pollak
Subject: FW: Citizen Correspondence Regarding Medical Marijuana Related Items on Agenda
Attachments: FW: Public Comments and Informational Packet Attachments A - M; FW: Medical
Marijuana; FW: SUPPORT MEDICAL MARIJUANA CULTIVATION AND DSPENSARIES; FW:
SUPPORT MEDICAL MARIJUANA CULTIVATION & DISPENSARIES
Importance: High
Hi Shelley - Please print this email and all attached emails and documents for me. Thank you.
Randi Johl, JD, MMC
City Clerk, City of Temecula
Legislative Director, California City Clerks Association
randi.iohl(acityoftemecula.orq
41000 Main St, Temecula, CA 92590
c7e4,--;',_ttize;47,
tlf
Please note that email correspondence with the City of Temecula. along with attachments, may be subject to the California Public
Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Randi Joh!
Sent: Tuesday, January 26, 2016 11:21 AM
To: Aaron Adams; Greg Butler; Peter Thorson; Luke Watson; Dale West
Subject: Citizen Correspondence Regarding Medical Marijuana Related Items on Agenda
Importance: High
MCC and staff — for informational purposes, the following correspondence was received by the City Clerk's
office today in regards to tonight's agenda items related to medical marijuana. By way of this email, the
correspondence is being shared with all Council Members and relevant staff. This correspondence, along with
any additional correspondence received before or at the meeting tonight, will also be made a part of the official
record.
Randi Johl, JD, MMC
City Clerk, City of Temecula
Legislative Director, California City Clerks Association
randi.iohl(a�citvoftemecula.orq
41000 Main St. Temecula. CA 92590
(-TT
:A(
Please note that email correspondence with the City of Temecula. along with attachments. may be subject to the California Public
Records Act, and therefore may be subject to disclosure unless otherwise exempt.
1
Shelley Pollak
From: Dale West
Sent: Tuesday, January 26, 2016 8:22 AM
To: Luke Watson; Randi Johl
Subject: FW: Public Comments and Informational Packet Attachments A - M
Attachments: GWC Temecula Comments Final 1.25.16.docx; Attachment A.pdf; Attachment B.pdf;
Attachment C.pdf; Attachment D.pdf; Attachment E.pdf; Attachment F.pdf; Attachment
G.pdf; Attachment G.pdf; Attachment H.pdf; Attachment I1.pdf; Attacment I2.pdf;
AttachmentJl.pdf; Attachment J2.pdf; Attachment K.pdf; Attachment L.pdf; Attachment
M.pdf
Luke/Randi:
The following email and attachments regarding tonight's public hearing for the medical marijuana cultivation
ordinance arrived late last night. They would like these entered into the public record and distributed to the
Council.
Dale West
Associate Planner
City of Temecula
(951) 693-3918
dale.west(acityoftemecula.orq
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public
Records Act. and therefore may be subject to disclosure unless otherwise exempt.
From: Pamela Epstein [
Sent: Monday, January 25, 2016 10:01 PM
To: Dale West
Subject: Public Comments and Informational Packet Attachments A - M
Dale,
Hello. Please, find attached the public comments and informational
package for Agenda Item #4 for the City Council meeting on Tuesday,
January 26, 2015.
Please confirm you are able to access and download the comments and the
Attachments A - M.
Confirm if the material will be available to Council members and as part
of the agenda packet or if I should send the documents to council members
individually.
Thank you. My apologies for the late arrival I have sever technical
difficulties today.
Pamela
1
Pamela N. Epstein, Esq., LL.M
C:
E:
Website:
**Please think about the environment before printing this e-mail.
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C.
2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or
parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain
confidential. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please
immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this
message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon
the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free
of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the
recipient to ensure that it is virus free and no responsibility is accepted by this sender for damage arising in any way from its use.
CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless
expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot
be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed in this e-mail or attachment.
2
GREEN WISE CONSULTING GROUP, LLC
A Consulting Company
Pamela N Epstein
January 25, 2015
City of Temecula
City Council
Planning Department
41000 Main Street
Temecula, California 92590
VIA ELECTRONIC MAIL
RE: Public Comments on the Citv's Medical Marijuana Cultivation Ordinance
No. 16-01.
Dear Honorable Mayor, City Council -members and Planning Staff:
A. Introduction
Green Wise Consulting, LLC ("Green Wise" or the "Firm") represents Temecula for
Safe Access to Medical Cannabis, a group of concerned citizen's opposing the recently
adopted ban and limitation on home grow — Ordinance No. 16-01, as well as, the ban on
medical marijuana dispensaries — Ordinance 06-05 passed in 2006. The Firm is
submitting public comments on behalf of the Temecula for Safe Access to Medical
Cannabis, as well as, any other affected residents. We are making an official request for
the Council to reconsider the existing prohibitions on medical marijuana business and
encourage the Council to schedule additional public hearings.
Many of Temecula's residents are suffering, or have a loved one suffering, from life-
threatening or serious illnesses whose painful symptoms can be alleviated by the
ingestion of cannabis.' There is a need to ensure that patients have access to a safe and
affordable supply of medical grade marijuana and cannabis products. These residents
deserve, and should not be denied, the opportunity to obtain medical cannabis in
furtherance of a course of medical treatment. The City should therefore be acting in
furtherance of the ensuring a safe and affordable supply of medical grade marijuana and
cannabis products for its residents whose physicians have recommended or approved
Marijuana has been shown to alleviate pain and discomfort in people suffering from a variety of illnesses
including AIDS, cancer, glaucoma, and multiple sclerosis when no other medications have been effective.
1
medical cannabis use in treatment of their illnesses instead of scapegoating them and the
industry as a source of criminal activity thereby severely handicapping their rights. In
fact, the Council's actions may cause some of its residents to become "cannabis
refugees," forced to leave their hometown and others, without the ability to move away,
could endure preventable pain and suffering or even death.
B. Factual Background
In 1996, the voters of the State of California approved Proposition 215, the
Compassionate Use Act of 1996 (the "Act"). The Act decriminalized the use of
marijuana for medical purposes under State law. The Courts have held that Proposition
215 does not conflict with the federal Controlled Substances Act because, in adopting
these state laws, California did not "legalize" marijuana but instead exercised the state's
reserved powers not to punish certain marijuana offenses under state law when a
physician has recommended its use to treat a serious medical condition.
In 2004, the State enacted SB420 (known as the "Medical Marijuana Program Act,"
codified as Health and Safety Code Section 11362.7 et seq.) to expand and clarify the
scope of the Act by creating the Medical Marijuana Identification Card program, creating
reasonable regulations for cultivating, processing, transporting and administering
marijuana, as well as limiting the amount of marijuana a qualified individual may
possess.
On October 9, 2015, the Governor signed into law the Medical Marijuana Regulation
and Safety Act ("MMRSA") comprised of three pieces of legislation — Assembly 266,
Assembly Bill 243, Senate Bill 643.2 AB 266 specifically states that nothing in the
approved legislation shall be interpreted to supersede or limit existing local authority for
law enforcement activity, enforcement of local zoning requirements or local ordinances,
or enforcement of local permit or licensing requirements.
There has been much debate and confusion resulting in several cities and counties
imposing restrictive laws against medical marijuana before MMRSA's March ls` deadline
for local action prior to state law assuming control. Representative Jim Wood, one of the
legislative architects behind MMRSA, recently introduced urgent legislation, AB213, to
repeal the March 1st deadline, which he called a "drafting error." The bill is on the fast
track to be passed and has Governor Brown's public support.4
However, even if the March 1st deadline is not repealed, there is credible evidence to
suggest that the City (or county) would not lose its right to regulate medical marijuana
2 See, American's for Safe Access Overview of MMRSA for a comprehensive overview of the State's
newly proposed regulatory scheme. (Attachment A).
3 AB21 (Attachment B).
4 See, Rep. Jim Wood's Open Letter to the Public on the Medical Marijuana Regulation and Safety Act's
March 1' Deadline. (Attachment C).
2
activities within its boarders.5 In fact, at a joint hearing before The California Assembly
Business & Professions, Agriculture, and Health Committees about MMRSA on January
19, 2016, Representative Wood said, that even if the March 1st deadline stays in place
and/or is repealed later, cities and counties would not be punished.
C. The Unrepresented Safety and Economy Benefits of Medical Marijuana
Operations
Public officials have been conflating marijuana use with crime for over eight decades.
Today, public safety fears about medical marijuana operations are often cited — including
in the City's Ordinance. However, the data simply does not support the notion that
marijuana businesses and the marijuana are causing crimes. In fact, more than one study
has shown a decrease in crime as a result of brining medical marijuana sales out of the
black market and into the light of day.6
It is truly unfortunate, that despite the ever-increasing public support for medical
marijuana the knee-jerk reaction by some municipalities is to fight against allowing
patients to have easy and safe access too much needed medication. A study published in
2014 shows that 1.4 million Californians have used medical marijuana and an
overwhelming majority of those users (92%) believe the marijuana helped to treat the
symptoms of a serious medical condition. While it will still be legal for a private citizen
to use medical marijuana as long as they have a valid medical marijuana recommendation
from a doctor, it will be increasingly hard for these sick patients to get medicine if it is
not commercially grown or sold in their local area. Many patients cannot afford to travel
great distances and are not in any condition to do so, regardless of cost, due to their
medical conditions.
Furthermore, growing medical marijuana is difficult, time-consuming and expensive.
The City's current ban allows for small grow operations — no more than 12 marijuana
plants per qualified patient — limiting a caregiver to two patients with an aggregate
marijuana plant count of twenty-four marijuana plants per premises. Without regulatory
oversight and standards set forth by the Council patients are left to obtain medication
from sometime unsavory sources if (a) they are not a position to grow for themselves or
(b) are unable to find a caregiver with enough bandwidth to service them. Additionally,
poorly cultivated marijuana may be subjected to contamination in the form of mold, fungi
5 See, California NORML's "An open letter to Boards of Supervisors, City Councils, County Counsels and
City Attorneys in California." (January 8, 2016). (Attachment D).
6 Robert G. Morris et. al. "The Effects of Medical Marijuana Laws on Crime: Evidence from State Panel
Data, 1990 — 2006" University of Texas, PLOS ONE (March 2014) (Attachment E); Marijuana Policy
Project, "Medical Marijuana Dispensaries and Their Effect on Crime (Attachment F); Mireille Jacobson,
et. al. "Regulating Medical Marijuana Dispensaries: An Overview with Preliminary Evidence of Their
Impact on Crime, RAND Safety and Justice Report (Noting, this report even cites to instances where
medical marijuana dispensaries closing leave to a direct spike in criminal activity.) (Attachment G).
7 "Prevalence of medical marijuana use in California, 2012" Drug and Alcohol Review (2014), DOI
10.111 /dar.12207
3
or other bacteria that could be harmful even deadly to the patient. While commercial
cultivators are not a guarantee of safety they are subject to increased quality control
measures set forth by the State and the local jurisdiction.
Addressing the City's concerns regarding "malodorous smells" as the industry
advances strides are being made everyday to combat this side effect of the cultivation
process. The City can limit its cultivation operations to indoor cultivation operations and
greenhouses by doing so the "malodorous smells" will be significantly curtailed while
simultaneously lowering the City's concerns regarding visibility. The City should have
ample experience permitting odorous businesses as it has permitted hookah bars and cigar
lounges previously.
As discussed herein, there is no supporting evidence linking the availability of
medical marijuana that correlates with an increase in crime rates and activity.
Conversely, there is ample evidence supporting increased significant economic revenue
generated. For example, The Executive Director of the California Cannabis Industry
Association estimates 100,000 people in the state work in positions related to the medical
marijuana industry. If the City where to license and regulate medical marijuana
businesses it would benefit more than the qualified patients residing in Temecula; it
would bolster the City's economy providing citizen's with good paying, non -seasonal
jobs.
Many cities and counties in the State have embraced medical marijuana finding the
industry to be a pathway to financial salvation. For example, the city of Palm Springs8
with a population of just 46,000 was able to generate $500,00 dollars of tax revenue in
one year from medical marijuana. Taking similar action to Palm Springs are the cities of
Desert Hot Springs9 and Adelanto,10 both of whom have passed ordinances allowing for
medical marijuana cultivation operations. Each of these cities imposes a fee ranging
from $6,953 to $7,500 to apply and process a cultivation permit application.
Additionally, all Applicants must also obtain a Conditional Use Permit via the city's
regular permitting process. Other cities and counties, such as the city of Oakland and
Calaveras County' has taken a more aggressive approach adopting regulations providing
for several areas associated with "commercial cannabis activities."12
D. Requested Actions
8 See, Medical Marijuana Cultivation Permit Application for City of Palm Springs (Attachment H).
9 See, Medical Marijuana Permit Application City of Desert Hot Springs (Attachment I).
1° See, Medical Marijuana Ordinance and Medical Marijuana Cultivation Permit Application for City of
Adelanto (Attachment J).
11 See, Calaveras County Code Chapter 17.93. Medical Cannabis Cultivation and Commerce. (Attachment
K).
12 In accordance with AB643 and MMRSA "Commercial Cannabis Activities" include the following (1)
cultivation, (2) possession; (3) manufacturing; (4) processing; (5) storage; (6) lab testing; (7) labeling; (8)
transporting; (9) distribution; and (10) sale.
4
As discussed above, the medical marijuana industry has been operating successfully
and without any major setbacks in California and as well many other States for years.
Furthermore, a state appellate court recently ruled that municipalities could not
completely ban medical marijuana outlets without providing an alternative distribution
method.' 3
In light of the information and evidence provided, we respectfully requested that the
Council consider the following actions as opposed to an outright ban:
1) Making a 45 -day moratorium instead of a ban, as Solano County14 this will
provide for more in-depth conversations and the fate of the current MMRSA
March 1, 2016 deadline will most likely be clarified.
2) Include a "sunset" provision as was utilized by Alameda County meaning the
ordinance will automatically sunset at such time as the March 1St deadline is
removed/repealed.' 5
3) Appoint an ad hoc committee or other groups to study the issue and come up with
meaningful land use regulations in the City that will protect both public safety and
patient access, as well as allow for the enforcement of environmental regulations
and the taxation of commercial medical marijuana activities. I, as well as,
members of Temecula for Safe Access to Medical Cannabis familiar with the
industry would be willing to serve on any such committee or stakeholder working
group.
In the event the Council would be willing to reconsider the existing cultivation
ordinance for one that authorizes commercial medical marijuana businesses we have
provided a model "Local Cultivation Licensing Ordinance."16 The sample ordinance
relies on a city's existing business license process and sets forth some basic security
standards for indoor (and outdoor cultivation). The ordinance protects staff, operators,
and landlords at licensed grows; allows cultivation in commercial and agricultural zones;
and exempts individual patients and caregivers form licensing requirements. This model
ordinance can be modified to address the City's individual requirements and allowances
but provides a basis upon which to engage in a meaningful discussion.
E. Conclusion
On behalf of Temecula for Safe Access to Medical Cannabis, we respectfully request
that you review this letter with great consideration employing the City's slogan of "Old
Traditions. New Opportunities." Now, is the time to invest in regulation that will ensure
13 Safe Life Caregivers v. City of Los Angeles (Jan 2016).
14 See, Solano County Ordinance. (Attachment L).
15 See, Sunset Language (Attachment M).
16 See, Model Local Cultivation Licensing Ordinance for California (Attachment N).
5
the health and safety of all citizens while creating new and valuable opportunities for the
City of Temecula. With well conceived regulations medical marijuana commercial
businesses within the City can be safe, profitable, and highly beneficial.
Thank you for your time and thoughtful consideration.
Respectfully Submitted,
Pamela N. Epstein, Esq., LL.M
6
:ti's AmericansFor
SafeAccess
Advancing Legal Medical Marijuana Therapeutics and Research
TO: City Councils and County Boards of Supervisors in California
DATE: December 21, 2015
RE: Local Government and the Medical Marijuana Regulations and Safety Act
(MMRSA)
Key Points
1. The Medical Marijuana Regulation and Safety Act (MMRSA) gives cities and
counties a clear indication of what is legal under state law and empowers them
to license and regulate commercial medical cannabis activity.
2. While implementation of the MMRSA will take some time, cities and counties
can begin the process of necessary local licensing now.
3. Some provisions of the MMRSA affect cities and counties directly.
4. Local bans on personal patient cultivation and commercial medical cannabis
cultivation are unnecessary and harmful.
Background
California voters legalized medical cannabis (marijuana) when they approved the
Compassionate Use Act (Proposition 215) in 1996. Codified as Health and Safety Code
Section 11362.5, the voter initiative calls on lawmakers "to implement a plan to provide
for the safe and affordable distribution" of medical cannabis.
Cities and counties have adopted a patchwork of local regulations related to medical
cannabis since 1996. Until recently, however, state lawmakers were reluctant to adopt
statewide licensing and regulations for medical cannabis activity. In that legal vacuum,
some cities and counties began to experiment with regulations for local access programs
to meet the needs of legal patients.
Most of the early local ordinances regulating medical cannabis focused on safety,
preventing diversion of medicine, and land use issues around local access points (often
called dispensaries). Local lawmakers did not address issues regarding cultivation,
manufacturing, or laboratory testing in these early ordinances. Many cities and counties
National Office California Office
General Information
1806 Vernon St. NW, Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814 WEB: www.AmericansFerSafeAccess.org
PHONE 202.857.4272 FAX: 202 857 4273 PHONE: 916.449.3975 1OUEREE• 888-929-4367
2
remained ambivalent about licensing or regulating medical cannabis activity in the
absence of clear guidance from the state.
Governor Brown signed the Medical Marijuana Regulation and Safety Act (MMRSA) on
October 9, 2015, finally bringing some clarity under state law as to the rights and
responsibilities of businesses, organizations, and individuals in the field of medical
cannabis. The adoption of the MMRSA presents a unique opportunity for cities and
counties to revisit their policies regarding commercial medical cannabis activity and
bring local ordinances into harmony with this groundbreaking legislation.
Americans for Safe Access (ASA), the nation's leading medical cannabis patient advocacy
organization, works in partnership with elected officials at all levels of government to
overcome barriers to safe and legal access to medical cannabis for therapeutic use and
research. We would like to help cities and counties in California adopt local licensing
laws that protect legal patients, reduce crime and complaints, and assist law
enforcement in identifying legal medical cannabis businesses and organizations.
The Medical Marijuana Regulation and Safety Act (MMRSA)
Three separate bills comprise the MMRSA —AB 243, AB 266, and SB 643. Each deals with
different aspects of licensing and regulating commercial medical cannabis cultivation,
manufacturing, distribution, transportation, sales, and testing. The MMRSA is a
milestone in California medical cannabis law, because it will create the first legal state
licensing for businesses and organizations that are specifically authorized to provide
medical cannabis (cultivation, manufacturing, dispensing) and industry support services
(testing, transportation) in California.
The MMRSA becomes effective January 1, 2016. The Act creates the Bureau of Medical
Marijuana Regulation (BMMR) within the Department of Consumer Affairs to write
regulations and oversee licensing. The new law also puts the Department of Food and
Agriculture in charge of writing regulations for medical cannabis cultivation. The
Department of Health will write regulations for edible preparations of cannabis. The
Department Fish and Wildlife and the State Water Board are charged with writing rules
for commercial cultivation that protect water quality.
It may take months for the new BMMR to organize and begin operating as a regulatory
agency. The other state agencies will also need some lead-time to get started on this
unprecedented work. While the MMRSA is effective on January 1, 2016, the
National Office California Office
1806 Vernon St. NW, Suite 300, Washington DC 20009
PHONE: 202 857 4272 FAX: 202.857.4273
770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
General Information
WEB: www.AmencansForSafeAccess.org
TOLLF#E: 888-929-4367
3
requirement that medical cannabis businesses and organizations obtain both a state and
local license to operate does not become effective until January 1, 2018. For a detailed
look at the timeline and deadlines in the MMRSA, see Table 1 at the end of this
memorandum.
The MMRSA creates seventeen different state medical cannabis licenses. The Act also
contains complicated restrictions designed to prevent vertical integration in the medical
cannabis industry. In most circumstances, licensees are limited to holding licenses in
two categories. (See Table 2 for details about different state licenses.)
It is important to note that: (1) cities and counties do not have to duplicate the state
license types in local ordinances (see more below), and (2) medical cannabis businesses
or organizations operating in cities and counties that adopted ordinances requiring or
allowing vertical integration ("closed-loop" system) before July 1, 2015, are generally
exempt from the MMRSA's restrictions on holding more than two types of licenses.
The MMRSA contains numerous other provisions, some of which affect local
government. See Table 3 for a concise summary of the Act's provisions prepared by Dale
Gieringer, Ph.D., from CA NORML. The full text of each bill, including the Legislative
Counsel's Digest, is available on the Leglnfo website at http://leginfo.leg_islature.ca.gov.
The MMRSA and Local Government
The MMRSA gives local government broad latitude in regulating medical cannabis
activity. In fact, preserving local authority was a top priority for the authors of the bills
that comprise the MMRSA.
• Authorized medical cannabis license applicants in cities and counties with
existing local ordinances that require or allow for "closed loop" patients'
cooperatives and collectives, in accordance with California Health and Safety
Code Section 11362.775, may continue to operate under the local ordinance
until January 1, 2026 (AB 266, Section 19328). That means no disruption for
existing program authorized under local law for ten years.
• Applicants for state medical cannabis licenses must also obtain a license, permit,
or approval from the city or county in which they are operating or propose to
operate [AB 266, Section 1932(a) and AB 243, Section 1362.777(b)].
Existing medical cannabis business and organizations operating with local
approval may continue to operate until their state license is approved or denied.
National Office
1806 Vemon St. NW, Suite 300, Washington DC 20009
PHONE: 202.857.4272 FAX: 202.857.4273
California Office General Information
770 L Street, Suite 950, Sacramento, CA 95814 WEB:wrvrlv,AmericonsForSafeAccess.org
PHONE: 916.449.3975 TOILFREE: 888-929-4367
4
• if a city or county does not address commercial medical cannabis cultivation in
an ordinance before March 1, 2016, state regulators will become the sole
licensing authority. See below for more details on this provision [AB 243, Section
11362.777(c)(4)].
• Assembly Member Jim Wood (D -Santa Rosa), the author of AB 243, stated in an
open letter to local lawmakers in December of 2015, that the March 1, 2015,
deadline for adopting local ordinances was the result of "an inadvertent
drafting error." The Assembly Member noted this error in the Assembly
Journal, the official record of the Assembly, and is already engaged in a
bipartisan effort to remove the deadline. The Assembly Member concludes his
letter to local lawmakers by saying, "I am confident that my colleagues and I
will eliminate the March 1" deadline before it becomes a realistic problem as
opposed to a theoretical concern for lawmakers." The letter is attached,
following the tables, at the end of the memorandum.
Bans on Personal and Commercial Medical Cannabis Cultivation
Some cities and counties have banned the personal and commercial cultivation of
medical cannabis since the adoption of the MMRSA. This is an unnecessary step that is
harmful to patients and may deprive the cities and counties of the proven benefits of
regulation. ASA urges local lawmakers to remember that cannabis is a legitimate
medicine that can and should be properly licensed and regulated under state and local
faw. It is not a vice or a nuisance. Furthermore, ASA urges local lawmakers to consider
the jurisdictions posture towards personal and commercial cultivation as separate
issues.
There is a legitimate need for local access to medical cannabis.
1. Many Californians already use medical cannabis, and most report relief from a
serious medical condition. Research shows that more than 1.4 million
Californians have used medical cannabis already, and 92% of those report
significant relief from a serious medical condition. The most commonly treated
conditions include chronic pain, arthritis, migraines, and cancer — conditions for
which conventional treatments are often unavailable or ineffective.
Furthermore, research shows that cannabis is used by a population that is
diverse in age, race, gender, and other factors ["Prevalence of medical marijuana
use in California, 2012," Drug and Alcohol Review (2014)]. Given that so many
Californians are already using medical cannabis to treat serious conditions, it is
National Office California Office
1806 Vernon St, NW, Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814
P1406E. 202.857.4272 FAX: 202.857.4273 PHONE: 916.449.3975
General Information
WEB: www.AmencansForSafeAccess o o
TOLLFREE 888-929-4367
5
certain that legal patients who live, work, and shop in your community have a
need for safe and legal access already.
2. Mounting scientific evidence confirms that cannabis and cannabis products are
safe and effective.
a. The University of California established the Center for Medical Cannabis
Research (CMCR) in 2001 to conduct scientific studies to ascertain the
general medical safety and efficacy of cannabis products and examine
alternative forms of cannabis administration. In 2010, the CMCR issued a
report on the fourteen clinical studies it has conducted, most of which
were FDA -approved, double-blind, placebo-controlled clinical studies that
have demonstrated that cannabis can control pain, in some cases better
than the available alternatives (Grant I, et al. 2010. Report to the
Legislature and Governor of the State of California. Center for Medicinal
Cannabis Research).
b. The Institute of Medicine released the largest review of research on
medical cannabis in its 1999 report Marijuana and Medicine: Assessing
the Science Base. The report found medical benefits for treating cancer
and other conditions, noted that cannabis was uniquely effective for
some patients, and called for more research. Read the report at
http://www.nap.edu/read/6376/chapter/1
c. See http://www.safeaccessnow.org/research for additional information
about clinical research related to medical cannabis and specific
conditions.
Recommendation: License and regulate medical cannabis at the local level like other
legitimate medicines. Lawmakers must remember that it is inappropriate to regulate
legitimate medicines as they do vices, including alcohol and tobacco.
Bans on individual patient and primary caregiver cultivation.
1. Bans on individual patient and primary caregiver cultivation are harmful to
patients. Many patients who legally use medical cannabis cultivate their own
medicine at home or in another safe and discrete place. Some designate a
Primary Caregiver to help with cultivation, in accordance with California Health
and Safety Code 11362.7. Personal, non-commercial cultivation of cannabis can
be less expensive for patients than purchasing it. It may also be the only way to
consistently obtain a specific variety of medicine that is useful for treating an
individual patient's condition.
National Office California Office
1806 Vernon St. NW, Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 202.857 4272 FAX: 202.857 4273 PHONE: 916.449.3975
General Information
WEL www. AmencansVorSateAccess.org
TOILFREE 888-929-4367
6
2. Bans push legal patients into the illicit market. Patients who cannot grow their
own medicine may turn to the illicit market for relief, especially in areas where
commercial medical cannabis cultivation and dispensing are not permitted.
Patients face unnecessary legal, personal, and safety risks in the illicit market.
Eliminating those risks for patients was a primary motive for adopting medical
cannabis laws in California.
3. Bans on personal cultivation are not required under the MMRSA. The new state
law does not forbid individual patients and their designated primary caregivers
from cultivating medical cannabis for the personal use of the patient. In fact, the
MMRSA specifically exempts individual patients and primary caregivers from
licensing and regulation requirements. Some cities and counties have banned
commercial medical cannabis cultivation in hopes of maintaining control over
licensing cultivation under the MMRSA, as discussed in greater detail below.
However, there is no requirement or deadline for local government to ban,
license, or regulate the personal cultivation of patients and caregivers. The issues
of commercial and personal medical cannabis cultivation can and should be
handled separately.
4. Personal cultivation is not usually associated with criminal or nuisance activity.
Some cities and counties have banned commercial cultivation and dispensing of
medical cannabis based on an unfounded belief that this activity increases crime
(see more below). However, it is important to remember that there is no
evidence that the personal cultivation of legal medical cannabis is associated
with increased criminal nuisance activity.
Recommendation: Allow medical cannabis patients and primary caregivers to cultivate
medicine for the personal use of the patient. ASA's model ordinance for regulating
commercial medical cannabis cultivation exempts patients and primary caregivers from
local licensing regulation and does not interfere with their right to cultivate for personal
use under the Compassionate Use Act of 1996 (Proposition 215).
Bans on commercial medical cannabis cultivation.
1. Banning commercial cultivation leaves the majority of legal patients without
safe and legal access. Most legal patients rely on dispensaries for safe and
legal access to medical cannabis. The MMRSA anticipates that licensed
commercial cultivators will supply licensed dispensaries with medical
cannabis. However, cultivators and dispensaries must have a local license,
National Office
California Office General Information
806 Vernon St. NW, Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE:202.857.4272 FAX: 202 857.4273 R4ONE: 916.449.3975
WE& www.AmencansforSafeAccess.org
TOLLFREE: 888-929-4367
7
permit, or approval to operate. That means local bans on commercial
cultivation could choke off access to dispensaries servicing legal patients.
2. Cities and counties are empowered to regulate commercial medical cannabis
cultivation under the MMRSA. One of the goals of the new legislation is to
give the green light for local licensing and regulation. The MMRSA should
give clear legal guidance and approval to local lawmakers who were
previously ambivalent about local licensing. Cities and counties can now be
certain that licensed medical cannabis businesses and organizations are
operating within the bounds of state law.
3. There is no urgency to enact an ordinances licensing commercial medical
cannabis cultivation before the March 1, 2016. As noted above, the inclusion
of a deadline for adopting local cultivation regulations was included in AB
243 inadvertently. The current language in Section 11362.777 (c)(4) in AB
243, which includes the drafting error identified by Assembly Member Wood
in the Assembly Journal, gives the BMMR authority to license medical
cannabis cultivation in cities and counties that have not addressed
commercial cultivation before March 1, 2016. While the delaine is likely to be
removed from AB 243, cities and counties can adopt simple business
licensing ordinances like ASA's model ordinance for commercial medical
cannabis activity before March 1, 2016.
4. Cities and counties can use existing business license and zoning laws to
license commercial medical cannabis activity. Most jurisdictions already have
adequate business license, zoning, and other land use laws that can be used
for medical cannabis. There is no need to reinvent the wheel.
5. Cities and counties do not have to develop complex regulatory schemes for
commercial medical cannabis licensing. The BMMR will be doing that. The
BMMR and other state agencies will begin writing comprehensive regulations
in January of 2018. All state laws and regulations will be applicable to
medical cannabis businesses and organizations licensed, permitted, or
approved under local laws.
6. Unlike illicit cultivation, licensed and regulated commercial medical cannabis
cultivation can be easily monitored and policed. Licensed commercial
medical cannabis cultivators operate in the open. That makes the job of
regulators and law enforcement much easier. Cities and counties can expect
greater transparency from licensed cultivators in areas like security, zoning,
and environmental impacts.
7. Licensed commercial medical cannabis cultivation can create jobs, generate
tax revenue, and have other economic benefits for the community.
National Office California Office
1806 Vernon St. NW, Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814
NONE. 202 857.4272 FAX: 202.857 4273 PHONE: 916.449.3975
General Information
WEB: www. AmericansForSafeAccessorg
TOLLFREE: 888-929-4367
Researchers from The ArcView Group, a cannabis industry investment and
research firm based in Oakland, California, found that the U.S. market for
legal cannabis grew 74 percent in 2014 to $2.7 billion, up from $1.5 billion in
2013. According to the Washington Post, the cannabis industry will be worth
$35 billion by 2020 — bigger than the National Football League and on par
with the newspaper industry. That means jobs and tax revenue for local
governments that take advantage of the new state licensing to authorize
legal medical cannabis organizations and businesses.
Recommendation: License and regulate commercial medical cannabis cultivation
instead of banning it. ASA's model ordinance for commercial medical cannabis
cultivation is a simple way to preserve local authority and secure the benefits of sensible
licensing and regulation for patients, the community at large, and law enforcement.
Conclusion
ASA is committed to helping cities and counties find the best possible solution for
licensing commercial medical cannabis activity, while protecting the interests and
welfare of legal patients. We strongly believe that cities and counties should move
forward with licensing, permitting, or approving medical cannabis activity pursuant to
the MMRSA. Banning personal patient cultivation or commercial medical cannabis
cultivation is harmful to legitimate patients. It may also deprive communities of the
proven benefits of sensible regulation: reduced crime, fewer complaints, greater clarity
for all stake holders (especially law enforcement), tax revenue, and more.
Please contact ASA California Director Don Duncan at don@safeaccessnow.org or (916)
449-3975 for more information.
National Office California Office
1806 Vernon St. NW, Suite 300, Washington DC 20009
PHONE. 202 857 4272 FAX: 202.8574273
770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
General Information
WEB: www.AmencansForSafeAccess.org
TOLLFREE: 888-929-4367
List of Tables:
• Table 1—Timeline and Deadlines for MMRSA
• Table 2 —Types of State Licenses Under the MMRSA
• Table 3 — Summary of the Provisions of the MMRSA
• Attachment — Open Letter from Assembly Member Jim Wood Regarding the
March 1, 2016, Deadline for Local Ordinances Related to Commercial Medical
Cannabis Cultivation
Related Documents from ASA:
Sample Ordinance Licensing Commercial Medical Cannabis Cultivation
http://www.safeaccessnow.org/ca local cultivation ordinance
Report: Where Will Medical Marijuana Patients Obtain Their Medicine?
https://american-safe-
access.s3.amazonaws.com/documents/dispensary report 2015.pdf
Additional Resources from ASA:
http://www.safeaccessnow.org/resources for local organizers
National Office
1806 Vernon St. NW, Suite 300, Washington DC 20009
PHONE: 202.857 4272 FAX: 202.857 4273
California Office General Information
770 L Street, Suite 950. Sacramento, CA 95814
RHONE: 916.449.3975
WEB www.AmencansForSafeAccess.org
TOLLFREE: 888-929-4367
10
Table 1—Timeline and Deadlines in MMRSA
7/1/2015
Date by which those claiming vertical integration had to be operating a
vertically integrated business. (AB 266 Section 19328 (c1))
1/1/2016
Date on which AB 266, AB 243 and SB 643 will take effect. (See the end of the
legislative summaries in all three bills)
1/1/2016
Date by which cannabis businesses must be operating to be eligible for priority
licensing. "ln issuing licenses, the licensing authority shall prioritize any facility
or entity that can demonstrate to the authority's satisfaction that it was in
operation and in good standing with the local jurisdiction by January 1, 2016."
[AB 266 Section 19321 (c)]
3/1/2016
Date by which cultivation must be regulated by a locality: "If a city, county, or
city and county does not have land use regulations or ordinances regulating or
prohibiting the cultivation of marijuana, either expressly or otherwise under
principles of permissive zoning, or chooses not to administer a conditional
permit under principles of permissive zoning, or chooses not to administer a
conditional permit program pursuant to this section, then commencing March
1, 2016, the division shall be the sole licensing authority for medical marijuana
cultivation applicants in that city, county, or city and county." (AB 243 Section
19362.777(c)(4))
NOTE: According to the author, this provision was included as a result of
a drafting error and will be removed.
1/1/2017
By January 1, 2017, the Division of Occupational Safety and Health shall
convene an advisory committee to evaluate whether there is a need to develop
industry -specific regulations related to the activities of facilities issued a
licensee. (AB 266 Labor Code Amendment Sec. 7 147.5)
7/1/2017
By July 1, 2017, the advisory committee shall present to the board its findings
and recommendations for consideration by the board. (AB 266 Labor Code
Amendment Sec. 7 147.5)
7/1/2017
By July 1, 2017, the board shall render a decision regarding the adoption of
industry -specific regulations pursuant to this section. (AB 266 Labor Code
Amendment Sec. 7 147.5)
1/1/2018
"A facility or entity that is operating in compliance with local zoning ordinances
and other state and local requirements on or before January 1, 2018, may
continue its operations until its application for licensure is approved or denied
pursuant to this chapter." (AB 266 Section 19321 (c))
1/1/2020
Not later than January 1, 2020, the Department of Food and Agriculture in
conjunction with the Bureau, shall make available a certified organic
designation and organic certification program for medical marijuana, if
permitted under federal law and the National Organic Program. [SB 643
Section 19332.5(a)]
1/1/2022
Date by which the loan of up to $10,000,000 from the general fund to establish
the Medical Marijuana Regulation and Safety Act has to be repaid. If the fees
collected by that time don't repay the loan, they will begin using funds that
come from imposing penalties to repay the loan. [AB 243 Section 19351 (b)
(1)1
National Office California Office
1806 Vernon St. NW. Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 202.857 4272 FAX: 202.857.4273 PHONE: 916.449.3975
General Information
WEB: www.AmencansForSafeAccess.aq
TOLLFREE: 888-929-4367
1I
3/1/2023
Beginning on March 1, 2023, and on or before March 1 of each following year,
each licensing authority shall prepare and submit to the Legislature an annual
report on the authority's activities and post the report on the authority's Internet
Web Site. (AB 266 Section 19353)
1/1/2026
The date Type 10A Paragraph on licensing becomes inoperative "A Type 10A
licensee may apply for a Type 6 or 7 state license and hold a 1, 1A, 1B, 2, 2A,
2B, 3, 3A, 3B, 4 or combination thereof if, under the 1, 1A, 1B, 2, 2A, 2B, 3,
3A, 3B, 4 or combination of licenses thereof, no more than four acres of total
canopy size of cultivation by the licensee is occurring throughout the state
during the period that the respective licenses are valid... This paragraph shall
become inoperative on January 1, 2026." [(AB 266 Section 19328 (a) (9)]
1/1/2026
Date vertical integration section of AB 266 is repealed. [AB 266 Section 19328
(d)]
National Office
1806 Vemon St. NW, Suite 300, Washington DC 20009
PHONE: 202.857 4272 FAX: 202.857.4273
California Office
770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
General Information
WE8: wvnv.AmericansForSafeAccess.org
TOLLFREE 888-929-4367
12
Table 2 — Types of State Licenses Under the MMRSA
Type 1
Cultivation; Specialty outdoor. Up to 5,000 square ft of canopy, or up to 50
noncontiguous plants.
Type 1A
Cultivation; Specialty indoor. Up to 5000 sq ft.
Type 1B
Cultivation; Specialty mixed -light. Using exclusively artificial lighting.
Type 2
Cultivation; Outdoor. Up to 5000 sq ft, using a combination of artificial and natural
lighting.
Type 2A
Cultivation; Indoor. 5001 -10,000 sq ft.
Type 2B
Cultivation; Mixed -light. 5001 -10,000 sq ft.
Type 3
Cultivation; Outdoor. 10,001 sq ft - 1 Acre.
Type 3A
Cultivation; Indoor.. 10,001 - 22,000 sq ft.
Type 3B
Cultivation; Mixed -light. 10,001 - 22,000 sq ft.
Type 4
Cultivation; Nursery.
Type 6
Manufacturer 1 for products not using volatile solvents.
Type 7
Manufacturer 2 for products using volatile solvents.
Type 8
Testing.
Type 10
Dispensary; General.
Type
10A
Dispensary; No more than three retail sites.
Type 11
Distribution.
Type 12
Transporter.
National Office California Office
1806 Vernon Si. NW, Suite 300, Washington DC 20009
PRONE: 202.857.4272 rax: 202 857.4273
770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
General Information
WEL www.AmericansForSafeAccess.org
TOLLRIEE 888-929-4367
Table 3 — Summary of the Provisions of the MMRSA
13
CULTIVATION SIZE
LIMITATIONS
The maximum allowable size is 1 acre (43,560 sq ft) outdoors (Type
3) or 22,000 sq ft indoors (Type 3A and 3B licenses). The DFA is
directed to limit the number of Type 3, 3A and 3B licenses. [AB 243,
19332(g)].
VERTICAL INTEGRATION
There are complicated restrictions to prevent vertical integration (AB
266, 19328). In general, licensees can only hold licenses in up to two
separate categories. Small cultivation licensee Types 1-2 may hold
manufacturing or Type 10A retail licenses (limited to three
dispensaries). It appears that Types 3-4 licensees can't apply for
manufacturing licenses at all. However, Type 10A licensees can
apply for both manufacturing and cultivation licenses, provided their
total cultivation area doesn't exceed 4 acres. Also, facilities in
jurisdictions that require or permit cultivation, manufacture, and
distribution to be integrated as of July 1, 2015, may continue to
operate that way until Jan 1, 2026.
DISTRIBUTORS REQUIRED
Type 11 distributors are a new kind of entity that has been created to
regulate the flow of products. ALL cultivation and manufacturing
licensees are required to send their products to a Type 11 licensee
for quality insurance and inspection before passing them to the next
stage of manufacturing or retailing. The Type 11 licensee in turn
submits the product to a Type 8 laboratory for batch testing and
certification. Afterwards, the sample returns to the Type 11 distributor
for final inspection and execution of the contract between the
cultivator and manufacturer or manufacturer and retailer. The Type 11
distributor charges a fee that covers the testing plus any applicable
taxes (the Act doesn't impose any new taxes, but anticipates that
could happen in the near future) (AB 266, 19326) Type 11
distributors and Type 8 testing facilities cannot hold any other kind of
licenses (however, licensees may have their own labs for in-house
testing).
LOCAL PERMITS REQUIRE
No person shall engage in commercial activity without BOTH a state
license and a license, permit, or other authorization from their local
government. (AB 266, 19320(a); AB 243, 11362.777 (b)).
LAWFUL ACTS
Actions by licensees that are permitted by both a state license and
local government are lawful, and the licensee is protected from arrest,
prosecution, or other legal sanctions (AB 266, 19317).
GRANDFATHERING
Facilities already operating in compliance with local ordinances and
other laws on or before Jan 1, 2018 may continue to operate until
such time as their license is approved or denied. [AB 266,
19321(c)]. Facilities in operation before Jan 1, 2016, shall receive
priority. Los Angeles may in any case continue to prosecute
violations of Measure D.
National Office California Office
1806 Vernon St. NW, Suite 300, Washington OC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE 2C2.857.4272 FAX: 202.857.4273 PHONE: 916.449.3975
General Information
WEB: www.AmencansForSateAccess.org
TOLLFREE: 888-929-4367
14
APPLICANT
QUALIFICATIONS (SB 643,
19322):
Applicants must provide proof of local approval and evidence of legal
right to occupy any proposed location. Applicants shall submit
fingerprints for DOJ background check. Cultivation licensees must
declare themselves "agricultural employers" as defined by Alatore-
Zenovich-Dunlap-Berman Agricultural Labor Relations Act. A
licensing authority MAY deny an application if the applicant has been
convicted of an offense substantially related to qualifications,
including ANY felony controlled substance offense, violent or serious
felonies, or felonies involving fraud, deceit or embezzlement, or any
sanctions by a local licensing authority in the past 3 years [SB 643,
19323(a)(5)].
FOR-PROFIT ENTITIES
Are implicitly allowed under the qualifications established
above. These were previously "not authorized" under SB 420, but the
new licensing provisions extend to individuals, partnerships,
corporations, business trusts, etc. [under the definition of "person" in
AB266, 19300.5 (a)]. Likewise, applicants no longer need be patients.
CULTIVATION LICENSING
The DFA shall establish a medical cannabis cultivation program. All
cultivation is subject to local land use regulations and permits. In
cities and counties without cultivation regulations of their own, the
state shall be the sole licensing authority as of March 1, 2016 [AB
243, 11362.777 (c)(4)]. NOTE: According to the author, this
provision was included as a result of a drafting error and
will be removed.
TRACK & TRACE PROGAM
The DFA shall implement a unique identification program for all
marijuana plants at a cultivation site, to be attached at the base of
each plant. The information shall be incorporated into a "track and
trace" program for each product and transaction [SB 643, 19335 and
AB 243, 11362.777 (e)]. Cultivation in violation of these provisions is
subject to civil penalties up to twice the amount of the license fee,
plus applicable criminal penalties. Fines enacted daily for each
violation (SB 243, 19360).
PATIENT EXEMPTION
Qualified patients are exempt from the state permit program if
cultivating less than 100 square feet for personal medical
use. Primary caregivers with five or fewer patients are allowed up to
500 square feet [AB 243, 11362.777(g) and SB 643, 19319].
Exemption under this section does not prevent a local government
from further restricting or banning the cultivation, provision, etc. of
medical cannabis by individual patients or caregivers in its jurisdiction
(AB 243).
DELIVERIES
Cannabis may be delivered to qualified patients only by
dispensaries and only in cities or counties where not prohibited by
local ordinance. All deliveries are to be documented. No locality can
bar transport of delivered products through its territory. Local county
may tax deliveries. (AB 266, 19340). {In a separate section [19334
(a) 4] it is confusingly stated that dispensers who have no more than
three dispensaries (Type 10A) shall be allowed to deliver "where
expressly authorized by local ordinance." It's unclear what conditions
if any apply to other, Type 10 licensed dispensers.}
MANUFACTURERS
Manufacturers are to be licensed by DPH, The DPH shall limit the
number of Type 7 licenses that produce products using volatile
solvents.
National Office
1806 Vernon St. NW, Suite 300, Washington DC 20009
PHONE: 202.857.4272 FAX: 202.857.4273
California Office
7701. Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
General Information
WEB: www.AmericannIorSafeAccess.org
TOLLFREE 888-929-4367
15
TESTING (AB 266, 19341-6)
The DPH shall ensure that all cannabis is tested prior to delivery to
dispensaries or other businesses, and specify how often such testing
shall be conducted. [Confusingly, 19346(c) says the costs of testing
are to be paid by cultivators, whereas 19326(c) (3) states that
distributors shall charge for the costs of testing; since distributors
serve manufacturers as well as cultivators, it doesn't make sense that
testing costs for the former should be charged to the latter.]
Licensees shall use standard methods established by International
Organization for Standardization approved by an accrediting body
that is a signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangement (AB 266, 19342).
Licensees shall test for cannabinoids, contaminants, microbiological
impurities, and other compounds spelled out in Section
19344. Licensees may conduct tests for individual qualified patients,
but not certify products for resale or transfer to other licensees.
SCHOOL ZONES
Cultivation and dispensary facilities must be at least 600 ft from
schools (with grandfathered exceptions specified in HSC 11362.768).
[SB 643, 19322 (a) 4]
TRANSPORTATION
Only licensed transporters can transport cannabis or cannabis
products between licensees [AB 266, 19326(a)]. The bill doesn't
specify whether cultivators, manufacturers, or retailers can also have
transport licenses, but 19328 (a) states they can generally have at
most two separate kinds of licenses. Licensed transporters shall
transmit an electronic shipping manifest to the state and carry a
physical copy with each shipment (SB643, 19337).
LABOR PEACE AGREEMENTS
Labor peace agreements are required of all applicants with 20
employees or more (SB 643, 19322 a (6))
PACKAGING
Products shall be labeled in tamper -evident packages with warning
statements and information specified in Section 19347.
PRIVACY
Identifying names of patients, caregivers, and medical conditions
shall be kept confidential. (AB 266, 19355)
SB 420 COLLECTIVE DEFENSE
SUNSET
The provision in SB 420 affording legal protection to patient
collectives and cooperatives, HSC 11362.775, shall sunset one year
after the Bureau posts a notice on its website that licenses have
commenced being issued. After that date, all cannabis collectives will
have to be licensed, except for individual patient and caregiver
gardens serving no more than five patients.
PHYSICIAN
RECOMMENDATIONS (SB 643):
There are several new provisions clarifying the duties of medical
cannabis physicians; however, they don't substantially affect or impair
patients' current access to medical recommendations.
• The Med Board's enforcement priorities are amended to include
"Repeated acts of clearly excessive recommending of cannabis for
medical purposes, or repeated acts of recommending without a good
faith prior exam." (SB 643, 2220.05). This is
identical to existing language regarding controlled substances, which
has generally been assumed to apply to MMJ heretofore.
• It is unlawful for physicians who recommend to accept, solicit, or
offer remuneration to or from a licensed facility in which they or a
family member have a financial interest.
• The Med Board shall consult with the California Center for
Medicinal Cannabis Research in developing medical guidelines for
MJ recs.
National Office California Office
1806 Vemon 5t. NW, Suite 300, Washington DC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 202.857.4272 FAX: 202 857.4273 PHONE: 916.449.3975
General Information
ma' www.AmencansFarSafeAccess.org
TOLLEREE: 888-929-4367
16
National Office California Office
1806 Vernon St. NW, Suite 300, Washington OC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE:202.857.4272 FAX 202 857.4273 PHONE: 916.449.3975
General Information
WEB: www.AmericansForSafeAccess.org
WOLLFREE 888-929.4367
• The recommending person shall be the patient's "attending
physician" as defined in HSC 11362.7(a). Contrary to popular
misconception, this in nothing new and in no way limits patients to
their primary care physician. It merely restates current language in SB
420.
• Physician ads must include a warning notice that MMJ is still a
federal Schedule I substance.
PESTICIDE STANDARDS
Pesticide standards shall be promulgated by DFA and the Dept. of
Pesticide Regulation (SB643, 19332).
ORGANIC CERTIFICATION
Organic certification will be made available by DFA by Jan 1, 2020,
federal law permitting. [SB643, 19332.5(a)]
APPELLATIONS OF ORIGIN
The bureau MAY establish appellations of origin for cannabis grown
in California. No product may be marketed as coming from a county
where it was not grown. [SB643, 19332.5(b -d)]
FEES and FUNDING
Each licensing authority shall establish a scale of application,
licensing and renewal fees, based upon the cost of
enforcement. Fees shall be scaled dependent on the size of the
business [AB 243, 19350 (c)]. A Medical Marijuana Regulation and
Safety Act Fund is established in the state treasury to receive fees
and penalties assessed under the act. $10 million is allocated to DCA
to begin operations, with the possibility of an additional operating loan
of $10 million from the General Fund (AB 243, 19352). The Bureau
shall use the fund for a grant program to assist state and local
agencies in enforcement and remediation of environmental impacts
from cultivation. (AB 243, 19351)
COUNTY TAXATION
Counties may levy a tax on the cultivating, dispensing, producing,
processing, distributing, etc., of medical cannabis subject to standard
voter approval requirements. (Many cities already exercise this
authority, but the authority of counties to do so has been unclear
heretofore). (SB 643, 19348)
National Office California Office
1806 Vernon St. NW, Suite 300, Washington OC 20009 770 L Street, Suite 950, Sacramento, CA 95814
PHONE:202.857.4272 FAX 202 857.4273 PHONE: 916.449.3975
General Information
WEB: www.AmericansForSafeAccess.org
WOLLFREE 888-929.4367
COrr77FE9
APPIF7P.,1, 151
al5PE1S AND PRwFSSMNS
IEALIR
SPJ IMI PrOcAI0:Fs
FOX Fs
SELECT OorFTTEfS
0M14 DIOIOLL ONIDC N RAMI
U F0FOYA
fAll FR T1IN'1F.N LLUCAIIDNANO
3*la0 Axi, FANIIAI A01DIoIct
*PE
lsssrmblvt
(ilalifnruia rgisjsture
JIM WOOD
ASSFM I ruF010*11 Sf:' . NP 0, rr,o
STAIR CAPITOL
PO 1RJ814
SAMWEMn rA IspoonooP
on, n• ooze
FAX rola,1*Nov
OnrwLT °FACES
.0 9140.1. I. 411114*,
SAN(7W O& CA 94104
(Jo)14 98
MTh T 57t,0?h7
14019FIt11 9u1F 150
F1 AMIM.5-04401
MI} )On 1
Ott,
900s91]DO1 BIR.L1. SIILL
LSIIAH CA 0644*
I/O?) 494-9770
FAX (797)40 4713
The Marijuana Regulation and Safety Act's March lst Deadline
An open letter to County and City Government Officials:
Like many of my colleagues, I began my public service career at the local level where decisions
made in Sacramento often have a profound impact on the decisions we make in our
communities. Over the past several weeks, I have learned that cities and counties are
scrambling to put regulations regarding medical marijuana in place ahead of a March 1st
deadline that was inadvertently included in AB243 of the Medical Marijuana Regulation and
Safety Act (MMRSA). As a former local elected I understand this reaction. However, I am writing
this letter to clarify some of the confusion that has resulted from the inclusion of the March 1`L
deadline in the MMRSA.
The MMRSA will bring a multi -billion dollar industry that has grown up largely in the shadows
into the light. Ultimately, the goal is to provide Californians with the legal, consumer, and
environmental protections we have come to expect from any other industry.
During the scramble at the end of the legislative session this year, an inadvertent drafting error
placed a deadline on local jurisdictions, requiring them to adopt their own land use regulations
for medical cannabis cultivation by March 1, 2016, or turn that responsibility over to the state.
As soon as I was aware of the error I published a letter in the Assembly Journal, the official
record of the Assembly, declaring my intention to pass urgency legislation as soon as the
legislature reconvenes in January. The compromise agreement with the Governor's office did
not include the March 1" deadline and this urgency legislation will ensure that the MMRSA's
legislative intent is not altered. I have already amended one of my bills with language that will
strike the deadline and maintain a local jurisdiction's ability to create their own regulations. As
an urgency measure, the law will go into effect as soon as it is signed by the Governor.
My intent to remove the deadline has bi-partisan and stakeholder support. The Governor's
office is prepared to partner with my office to ensure local control on this issue. I appreciate the
Governor's acknowledgement of this drafting error and his office's willingness to work with me
to quickly resolve the problem. Even if my urgency measure is not signed until after March 1"
National Office California Office General Information
1806 Vernon St. NW, Suite 300, Washington DC 20009
aNONE: 201.857 4172 FAX: 202 857 4273
770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
WEB: wvnv.AmericansforSafeAccess.org
TOLLFREE: 888-929-4367
17
the Bureau of Medical Marijuana Regulation (BMMR), the entity responsible for developing the
State's regulations, currently exists on paper only. It will be many months before the Bureau
has the capacity to develop and enforce statewide regulations. Additionally we have received
legal feedback confirming that once my urgency measure is in effect jurisdictions will retain the
local control they need.
I am confident that my colleagues and I will eliminate the March deadline before it becomes
a realistic problem as opposed to a theoretical concern for local lawmakers.
Respectfully,
JIM WOOD
ASSEMBLYMEMBER, 2N0 DISTRICT
National Office
1800 Vernon St. NW, Suite 300, Washington DC 20009
PHONE: 202.857.4272 FAX: 202.857.4273
California Office
770 L Street, Suite 950, Sacramento, CA 95814
PHONE: 916.449.3975
General Information
WEB
www.AmericansForSateAccess.org
TOLLFREE: 888-929-4367
18
AMENDED IN SENATE JANUARY 21, 2016
AMENDED IN SENATE JANUARY 15, 2016
AMENDED IN SENATE JANUARY 4, 2016
AMENDED IN ASSEMBLY MAY 5, 2015
CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION
ASSEMBLY BILL No. 21
Introduced by Assembly Members Wood, Bonta, Cooley,
Jones -Sawyer, and Lackey
(Principal coauthor: Senator McGuire)
December 1, 2014
An act to amend Section 11362.777 of the Health and Safety Code,
relating to medical marijuana, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 21, as amended, Wood. Medical marijuana: cultivation licenses.
Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November
5, 1996, statewide general election, authorizes the use of marijuana for
medical purposes. Existing law, enacted by the Legislature, provides
for the licensing and regulation by both state and local entities of medical
marijuana and its cultivation. Existing law provides that if a city, county,
or city and county does not have land use regulations or ordinances
regulating or prohibiting the cultivation of marijuana, commencing
March 1, 2016, the Department of Food and Agriculture is the sole
licensing authority for medical marijuana cultivation applicants in that
city, county, or city and county.
95
AB21 —2—
This bill would delete the provision that grants the department the
sole licensing authority under those circumstances.
Existing law exempts certain persons cultivating medical marijuana
from the requirement to obtain both a state license from the Department
of Food and Agriculture and a license, permit, or other entitlement
allowing cultivation from the city, county, or city and county in which
the cultivation will occur. Existing law authorizes a city, county, or city
and county to regulate or ban the cultivation, storage, manufacture,
transport, provision, or other activity by a person otherwise exempt
from state regulation, or to enforce that regulation or ban.
This bill would
instead provide that an exemption from these licensure requirements
does not limit or prevent a city, county, or city and county from
exercising its police power authority under a specified provision of the
California Constitution.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11362.777 of the Health and Safety Code
2 is amended to read:
3 11362.777. (a) The Department of Food and Agriculture shall
4 establish a Medical Cannabis Cultivation Program to be
5 administered by the secretary and, except as specified in
6 subdivision (c), shall administer this section as it pertains to the
7 cultivation of medical marijuana. For purposes of this section and
8 Chapter 3.5 (commencing with Section 19300) of Division 8 of
9 the Business and Professions Code, medical cannabis is an
10 agricultural product.
11 (b) (1) A person or entity shall not cultivate medical marijuana
12 without first obtaining both of the following:
13 (A) A license, permit, or other entitlement, specifically
14 permitting cultivation pursuant to these provisions, from the city,
15 county, or city and county in which the cultivation will occur.
95
-3— AB21
1 (B) A state license issued by the department pursuant to this
2 section.
3 (2) A person or entity shall not submit an application for a state
4 license issued by the department pursuant to this section unless
5 that person or entity has received a license, permit, or other
6 entitlement, specifically permitting cultivation pursuant to these
7 provisions, from the city, county, or city and county in which the
8 cultivation will occur.
9 (3) A person or entity shall not submit an application for a state
10 license issued by the department pursuant to this section if the
11 proposed cultivation of marijuana will violate the provisions of
12 any local ordinance or regulation, or if medical marijuana is
13 prohibited by the city, county, or city and county in which the
14 cultivation is proposed to occur, either expressly or otherwise
15 under principles of permissive zoning.
16 (c) (1) Except as otherwise specified in this subdivision, and
17 without limiting any other local regulation, a city, county, or city
18 and county, through its current or future land use regulations or
19 ordinance, may issue or deny a permit to cultivate medical
20 marijuana pursuant to this section. A city, county, or city and
21 county may inspect the intended cultivation site for suitability
22 before issuing a permit. After the city, county, or city and county
23 has approved a permit, the applicant shall apply for a state medical
24 marijuana cultivation license from the department. A locally issued
25 cultivation permit shall only become active upon licensing by the
26 department and receiving final local approval. A person shall not
27 cultivate medical marijuana before obtaining both a permit from
28 the city, county, or city and county and a state medical marijuana
29 cultivation license from the department.
30 (2) A city, county, or city and county that issues or denies
31 conditional licenses to cultivate medical marijuana pursuant to this
32 section shall notify the department in a manner prescribed by the
33 secretary.
34 (3) A city, county, or city and county's locally issued conditional
35 permit requirements must be at least as stringent as the
36 department's state licensing requirements.
37 (d) (1) The secretary may prescribe, adopt, and enforce
38 regulations relating to the implementation, administration, and
39 enforcement of this part, including, but not limited to, applicant
40 requirements, collections, reporting, refunds, and appeals.
95
AB21 —4-
1 (2) The secretary may prescribe, adopt, and enforce any
2 emergency regulations as necessary to implement this part. Any
3 emergency regulation prescribed, adopted, or enforced pursuant
4 to this section shall be adopted in accordance with Chapter 3.5
5 (commencing with Section 11340) of Part 1 of Division 3 of Title
6 2 of the Government Code, and, for purposes of that chapter,
7 including Section 11349.6 of the Government Code, the adoption
8 of the regulation is an emergency and shall be considered by the
9 Office of Administrative Law as necessary for the immediate
10 preservation of the public peace, health and safety, and general
11 welfare.
12 (3) The secretary may enter into a cooperative agreement with
13 a county agricultural commissioner to carry out the provisions of
14 this chapter, including, but not limited to, administration,
15 investigations, inspections, licensing and assistance pertaining to
16 the cultivation of medical marijuana. Compensation under the
17 cooperative agreement shall be paid from assessments and fees
18 collected and deposited pursuant to this chapter and shall provide
19 reimbursement to the county agricultural commissioner for
20 associated costs.
21 (e) (1) The department, in consultation with, but not limited
22 to, the Bureau of Medical Marijuana Regulation, the State Water
23 Resources Control Board, and the Department of Fish and Wildlife,
24 shall implement a unique identification program for medical
25 marijuana. In implementing the program, the department shall
26 consider issues, including, but not limited to, water use and
27 environmental impacts. In implementing the program, the
28 department shall ensure that:
29 (A) Individual and cumulative effects of water diversion and
30 discharge associated with cultivation do not affect the instream
31 flows needed for fish spawning, migration, and rearing, and the
32 flows needed to maintain natural flow variability.
33 (B) Cultivation will not negatively impact springs, riparian
34 wetlands, and aquatic habitats.
35 (2) The department shall establish a program for the
36 identification ofpermitted medical marijuana plants at a cultivation
37 site during the cultivation period. The unique identifier shall be
38 attached at the base of each plant. A unique identifier, such as, but
39 not limited to, a zip tie, shall be issued for each medical marijuana
40 plant.
95
-5— AB21
1 (A) Unique identifiers will only be issued to those persons
2 appropriately licensed by this section.
3 (B) Information associated with the assigned unique identifier
4 and licensee shall be included in the trace and track program
5 specified in Section 19335 of the Business and Professions Code.
6 (C) The department may charge a fee to cover the reasonable
7 costs of issuing the unique identifier and monitoring, tracking, and
8 inspecting each medical marijuana plant.
9 (D) The department may promulgate regulations to implement
10 this section.
11 (3) The department shall take adequate steps to establish
12 protections against fraudulent unique identifiers and limit illegal
13 diversion of unique identifiers to unlicensed persons.
14 (f) (1) A city, county, or city and county that issues or denies
15 licenses to cultivate medical marijuana pursuant to this section
16 shall notify the department in a manner prescribed by the secretary.
17 (2) Unique identifiers and associated identifying information
18 administered by a city or county shall adhere to the requirements
19 set by the department and be the equivalent to those administered
20 by the department.
21 (g) This section does not apply to a qualified patient cultivating
22 marijuana pursuant to Section 11362.5 if the area he or she uses
23 to cultivate marijuana does not exceed 100 square feet and he or
24 she cultivates marijuana for his or her personal medical use and
25 does not sell, distribute, donate, or provide marijuana to any other
26 person or entity. This section does not apply to a primary caregiver
27 cultivating marijuana pursuant to Section 11362.5 if the area he
28 or she uses to cultivate marijuana does not exceed 500 square feet
29 and he or she cultivates marijuana exclusively for the personal
30 medical use of no more than five specified qualified patients for
31 whom he or she is the primary caregiver within the meaning of
32 Section 11362.7 and does not receive remuneration for these
33 activities, except for compensation provided in full compliance
34 with subdivision (c) of Section 11362.765. For purposes of this
35 section, the area used to cultivate marijuana shall be measured by
36 the aggregate area of vegetative growth of live marijuana plants
37 on the premises. Exemption from the requirements of this section
38 does not limit or prevent a city, county, or city and county from
39 exercising its police authority under Section 7 of Article XI of the
40 California Constitution.
95
AB21 —6-
1 SEC. 2. This act is an urgency statute necessary for the
2 immediate preservation of the public peace, health, or safety within
3 the meaning of Article IV of the Constitution and shall go into
4 immediate effect. The facts constituting the necessity are:
5 To allow local governments to protect the health of their citizens
6 by regulating marijuana at the earliest possible date, it is necessary
7 that this act take effect immediately.
0
95
COMMITTEES
APPROPRIATIONS
BUSINESS AND PROFESSIONS
HEALTH
NATURAL RESOURCES
RULES
SELECT COMMTTEES
CHAIR DIGITAL DIVIDE N RURAL
CAL IFOTINIA
CAREER TECHNICAL EDUCATION AND
BUILDING A 21ST CENTURY WORKFORCE
WINE
cAssrinbjki
ilifnrnia lrgishafurr
JIM WOOD
ASSLMLILYMEMBER, SECOND DISTRICT
STATE CAPITOL
PO 005 942849
SACRAMENTO CA 942490002
(916) 319-2002
FAX (918) 319-2102
DISTRICT OFFICES
50 0 STREET. SUITE 450
SANTA ROSA. CA 95404
(707) 576-2526
FAX (707) 576.2297
710 E STREET, SURE 150
EUREKA, CA 95501
(707) 445-7014
FAX (707) 456 -6607
200 S SCHOOL STREET. SURE D
UKIAH. CA 95482
(707) 462-5770
FAX (707) 463-5773
The Marijuana Regulation and Safety Act's March 1St Deadline
An open letter to County and City Government Officials:
Like many of my colleagues, I began my public service career at the local level where decisions
made in Sacramento often have a profound impact on the decisions we make in our
communities. Over the past several weeks, I have learned that cities and counties are
scrambling to put regulations regarding medical marijuana in place ahead of a March 1st
deadline that was inadvertently included in AB243 of the Medical Marijuana Regulation and
Safety Act (MMRSA). As a former local elected I understand this reaction. However, I am writing
this letter to clarify some of the confusion that has resulted from the inclusion of the March 15t
deadline in the MMRSA.
The MMRSA will bring a multi -billion dollar industry that has grown up largely in the shadows
into the light. Ultimately, the goal is to provide Californians with the legal, consumer, and
environmental protections we have come to expect from any other industry.
During the scramble at the end of the legislative session this year, an inadvertent drafting error
placed a deadline on local jurisdictions, requiring them to adopt their own land use regulations
for medical cannabis cultivation by March 1, 2016, or turn that responsibility over to the state.
As soon as I was aware of the error I published a letter in the Assembly Journal, the official
record of the Assembly, declaring my intention to pass urgency legislation as soon as the
legislature reconvenes in January. The compromise agreement with the Governor's office did
not include the March 15t deadline and this urgency legislation will ensure that the MMRSA's
legislative intent is not altered. I have already amended one of my bills with language that will
strike the deadline and maintain a local jurisdiction's ability to create their own regulations. As
an urgency measure, the law will go into effect as soon as it is signed by the Governor.
My intent to remove the deadline has bi-partisan and stakeholder support. The Governor's
office is prepared to partner with my office to ensure local control on this issue. I appreciate the
Governor's acknowledgement of this drafting error and his office's willingness to work with me
to quickly resolve the problem. Even if my urgency measure is not signed until after March 1st
the Bureau of Medical Marijuana Regulation (BMMR), the entity responsible for developing the
State's regulations, currently exists on paper only. It will be many months before the Bureau
has the capacity to develop and enforce statewide regulations. Additionally we have received
legal feedback confirming that once my urgency measure is in effect jurisdictions will retain the
local control they need.
I am confident that my colleagues and I will eliminate the March 1st deadline before it becomes
a realistic problem as opposed to a theoretical concern for local lawmakers.
Respectfully,
JIM WOOD
ASSEMBLYMEMBER, 2ND DISTRICT
January 8, 2015
An open letter to Boards of Supervisors, City Councils, County Counsels and City
Attorneys in California
As you may be aware, Rep. Woods has issued an open letter to City and County officials
in California regarding the "drafting error" that has lead many local jurisdictions to
impose restrictive laws against medical marijuana before March 1 (see
http://www.canorml.org/woodsletter.pdf). Now, Reps. Woods, Cooley, Jones -Sawyer,
Lackey and Bonta have introduced an urgency measure, AB 21, which repeals the
March 1 deadline for local action in MMRSA, the 2015 state law that regulates medical
marijuana. The repeal is supported by the League of Cities, CSAC, and the RCRC.
It is heading to its third reading in the Senate on track to be signed by the Governor
within the month.
Even if the repeal does not pass, it is California NORML's opinion that local action is not
required in order to retain local control over medical marijuana activities.
Question Presented: Does Health & Safety Code Section 11362.777 Cause
Local Governments to Permanently Lose Their Authority to Regulate Medical
Cannabis Cultivation if They Fail to Affirmatively Act by March 1, 2016?
1. Introduction
In enacting the Medical Marijuana Regulation & Safety Act (hereinafter,
"MMRSA"), the California Legislature added Section 11362.777 to the Health &
Safety Code (hereinafter, "Section 11362.777"). Subsection (c)(4) of Section
11362.777 provides in full that:
If a city, county, or city and county does not have land use regulations
or ordinances regulating or prohibiting the cultivation of marijuana,
either expressly or otherwise under principles of permissive zoning, or
chooses not to administer a conditional permit program pursuant to this
section, then commencing March 1, 2016, the division shall be the sole
licensing authority for medical marijuana cultivation applicants in that
city, county, or city and county.
Cal NORML Letter to Local Officials — p. 2 / 3
Thus, Section 11362.777 clearly requires the California Department of Food &
Agriculture (hereinafter, "CDFA") to act as the "sole licensing authority" for
applicants seeking to conduct medical cannabis cultivation under MMRSA if a
local government fails to affirmatively regulate or prohibit medical cannabis
cultivation by March 1, 2016. See Bus. & Profs. Code § 19300.5(w) (-Licensing
authority' means the state agency responsible for the issuance, renewal, or
reinstatement of the license, or the state agency authorized to take disciplinary
action against the license."). In other words, rather than requiring medical
cannabis cultivators to possess both a state license and local permit, Section
11362.777 allows medical cannabis cultivators under MMRSA to only possess a
state license if a local government fails to affirmatively regulate or prohibit
medical cannabis cultivation by March 1, 2016. However, the plain language of
Section 11362.777 is unclear whether local governments permanently lose their
authority to regulate medical cannabis cultivation if they fail to act by March 1,
2016.
11. Analysis
There are those who believe Section 11362.777 causes local
governments to permanently lose their authority to regulate medical cannabis
cultivation if they fail to affirmatively regulate or prohibit medical cannabis
cultivation by March 1, 2016. Essentially, they interpret Subsection (c)(4) of
Section 11362.777 as stating:
If a local government does not have land use regulations or ordinances
affirmatively regulating or prohibiting medical cannabis cultivation, then
commencing March 1, 2016, CDFA shall be—forever and always—the
sole licensing authority for medical marijuana cultivation applicants in
that city, county, or city and county.
However, Subsection (c)(4) of Section 11362.777 could just as easily be
interpreted as stating:
If a local government does not have land use regulations or ordinances
affirmatively regulating or prohibiting medical cannabis cultivation, then
commencing March 1, 2016, CDFA shall be—for the time being—the
sole licensing authority for medical marijuana cultivation applicants in
that city, county, or city and county.
Thus, the plain language of Section 11362.777 is ambiguous on whether local
governments permanently lose their authority to regulate medical cannabis
cultivation if they fail to affirmatively regulate or prohibit medical cannabis
cultivation by March 1, 2016.
2261 Market St. #278A San Francisco CA 94114 (415) 563-5858 www.canormi.org
Cal NORML Letter to Local Officials — p. 3 / 3
III. Conclusion
Being ambiguous as a matter of plain language, Section 11362.777
should be evaluated in Tight of how a California court would likely interpret the
provision. It is well established that California courts consider a local
government's authority to affirmatively regulate or prohibit medical cannabis
cultivation as within its "traditional land use and police powers ...." See City of
Riverside v. Inland Empire Patients Health & Wellness Ctr., Inc., 56 Cal. 4th 729,
762 (2013); Maral v. City of Live Oak, 221 Cal. App. 4th 975, 978 (2013)
("Accordingly, we conclude the CUA and MMP do not preempt a city's police
power to prohibit the cultivation of all marijuana within that city."). "Consistent
with this principle, when local government regulates in an area over which it
traditionally has exercised control, such as the location of particular land uses,
California courts will presume, absent a clear indication of preemptive intent
from the Legislature, that such regulation is not preempted by state statute." City
of Riverside v. Inland Empire Patients Health & Wellness Ctr., Inc., 56 Cal. 4th
729, 743 (2013) (emphasis added) (internal quotation marks
omitted). "[A]mbiguous provisions fail to provide that clear indication." Kirby v.
Cnty. of Fresno, F070056, at *2-3 (Cal. Ct. App. 5th Dist. Dec. 12, 2015)
(emphasis added). Because of the ambiguous plain language, a California court
will likely decide that Section 11362.777 does not cause local governments to
permanently lose their authority to regulate medical cannabis cultivation if they
fail to affirmatively regulate or prohibit medical cannabis cultivation by March 1,
2016.
Banning medical marijuana cultivation and distribution will only impact the neediest
patients, and drive the market towards underground, unregulated players, without
allowing locals to recoup tax revenues (something that is specifically allowed under a
MMRSA "clean up" bill that has also been introduced, AB 1575, which states "The fees
established by licensing authorities pursuant to this chapter shall be in addition to, and
shall not limit, any fees or taxes imposed by a city, county, or city and county in which
the licensee operates.")
Submitted by:
Damian Martin
LA NORML
Ellen Komp
California NORML
2261 Market St. #278A San Francisco CA 94114 (415) 563-5858 www.canorml.org
OPEN a ACCESS Freely available online
fs;
PLOS
ONE
The Effect of Medical Marijuana Laws on Crime: Evidence
from State Panel Data, 1990-2006
Robert G. Morris*, Michael TenEyck, J. C. Barnes, Tomislav V. Kovandzic
Program in Criminology, University of Texas at Dallas, Richardson, Texas, United States of America
Abstract
Background: Debate has surrounded the legalization of marijuana for medical purposes for decades. Some have argued
medical marijuana legalization (MML) poses a threat to public health and safety, perhaps also affecting crime rates. In recent
years, some U.S. states have legalized marijuana for medical purposes, reigniting political and public interest in the impact
of marijuana legalization on a range of outcomes.
Methods: Relying on U.S. state panel data, we analyzed the association between state MML and state crime rates for all Part
I offenses collected by the FBI.
Findings: Results did not indicate a crime exacerbating effect of MML on any of the Part I offenses. Alternatively, state MML
may be correlated with a reduction in homicide and assault rates, net of other covariates.
Conclusions: These findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses
a danger to public health in terms of exposure to violent crime and property crimes.
Citation: Morris RG, TenEyck M, Barnes JC, Kovandzic Tv (2014) The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006. PLoS
ONE 9(3): e92816. doi:10.1371/journal.pone.0092816
Editor: Joseph A. Keating, Tulane University School of Public Health and Tropical Medicine, United States of America
Received November 22, 2013; Accepted February 25, 2014: Published March 26, 2014
Copyright: ® 2014 Morris et al. This is an open -access article distributed under the terms of the Creative Commons Attribution License, which permits
unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Funding: The authors have no funding or support to report.
Competing Interests: The authors have declared that no competing interests exist.
" E-mail: morris@utdallas.edu
Introduction
The social ramifications of marijuana legalization have been
hotly debated for at least four decades [1]. Despite a long history of
marijuana use for medical purposes, policymakers and in some
instances, the scientific community, have been quick to note the
potential problematic social outcomes of marijuana legalization
[2]. In spite of these political discussions, medical marijuana
legalization (M.ML) has occurred in 20 states and the District of
Columbia (between 1996 and the writing of this paper) and its
recreational use has now been legalized in Colorado and
Washington [3]. An interest in the ramifications of these laws
has led to an increase in scholarly activity on the topic [4], [5]. The
issue addressed in this article is whether MML has the effect of
increasing crime. While there are many mechanisms by which
MML might affect crime rates, the most obvious is by increasing
the number of marijuana users, which may lead to a broader social
acceptance of drug using behaviors and drug users [6]. To the
extent that marijuana use serves as a "gateway" to harder drugs
such as cocaine and heroin, MML could lead to long-term
increases in crime as an ever-growing number of illicit drug users
engage in serious predatory crimes to support their habits (but see
[7]). But even if MML does not lead to a rise in marijuana use
(especially among youth), the laws could still stimulate crime as
newly opened medical marijuana dispensaries provide criminals
with a highly attractive target with their repository of high quality
marijuana and customers carrying large amounts of cash (but see
[8]). As a member of the California Chiefs of Police Association
stated, "A disturbing and continuing trend is the increasing
number of home invasion robberies and associated violence
resulting in the victimization of those cultivating and possessing
marijuana ... [D]ispensaries also continue to be targeted based
upon the availability of larger quantities of drugs and cash" (see
http://californiapolicechie£s.org/wp-content/uploads/ 2012/02/
July_September_2010_Final.pol). Though anecdotal evidence
abounds to support both theses, and a few single -jurisdiction and
cross-sectional studies have examined the MML-crime link (e.g.,
191), no single analysis has assessed the overall consequences of
medical marijuana laws on crime rates across the United States.
This study seeks to inform the debate by providing a comprehen-
sive evaluation of the effects of state MML on state crime rates.
The Positive Correlation between Marijuana Use and
Criminal Behavior
Though the gateway hypothesis applies to the progression of
drug -using behaviors, there remains the possibility that marijuana
use leads to delinquent or criminal behavior via a similar
mechanism. A number of studies have specifically examined the
relationship between marijuana use and crime [10], [11], [12],
[13], [14]. Early studies compared the amount of crimes
committed by juveniles whose urine tested positive for marijuana
upon entering a detention center and those committed by
individuals who tested negative for marijuana. Dembo and
associates [15], [16], for instance, found that youths who tested
positive for marijuana had a significantly higher number of
PLOS ONE 1 www.plosone.org 1 March 2014 1 Volume 9 1 Issue 3 1 e92816
referrals to juvenile court for nondrug felonies than those testing
negative for marijuana use.
Arseneault and colleagues [17] examined the relationship
between marijuana dependence and the risk for violence in a
sample of New Zealand adolescents. The authors controlled for
gender, socioeconomic status, and many other concurrent
disorders and concluded that marijuana dependence was related
to a 280 percent increase in the odds of violence. 'Phis association
was stronger than the individual effects of manic disorder, alcohol
dependence, and schizophrenia. In a study using data collected
from school-age adolescents in the Netherlands, those who
reported marijuana use tended to report more delinquent and
aggressive behaviors [18]. This relationship was significant after
controlling for variables such as alcohol and tobacco use and the
strength of the relationship increased with higher frequency of
marijuana use. This study is noteworthy because marijuana use is
decriminalized in the Netherlands, thus the relationship is unlikely
to be based on the fact that marijuana users have to participate in
the illegal market and are therefore at an increased risk for
violence. While these studies were cross-sectional and show a
correlation between current marijuana use and criminality or
violent behaviors, other scholars have examined the link with
longitudinal data.
Using multi -wave data, research has shown adolescents who
reported marijuana use at age 15 were more likely to report violent
involvement at age 19, indicating that marijuana use, particularly
during adolescence may impact violent behavior in young
adulthood [19]. Similarly, research has shown that frequent
marijuana use during adolescence was a strong predictor of being
involved in intimate partner violence [5]. Results revealed that
consistent marijuana use during adolescence was related to a 108
percent increase in the likelihood of being involved in intimate
partner violence in young adulthood and consistent marijuana use
was associated with an 85 percent increase in the odds of being the
perpetrator of intimate partner violence, independent of alcohol
use.
These studies provide evidence to the notion that marijuana use
is at a minimum correlated with an increase in violent or
aggressive behaviors. What remains unclear is whether these
findings imply a causal link between marijuana use and violence or
whether the relationship is driven by an uncontrolled variable(s)
(i.e., a spurious correlation). Along these lines, it could be argued
that the relationship between violence and marijuana use is
primarily due to its illegality and thus would not exist in an
environment in which marijuana use, at least medicinally, is
legalized.
The Negative or Null Correlation between Marijuana Use
and Criminal Behavior
Most researchers who have examined the relationship between
marijuana use and crime report that these laws do not have an
effect on violent crime [20], [21]. Green and associates [20], for
instance, concluded that while marijuana use was related to an
increase in drug and property crime, it was not related to an
increase in violent crime. Pedersen and Skardhamar [21] also
found a relationship between marijuana use and subsequent arrest,
although once the authors removed all types of drug charges from
the models, the relationship was no longer significant. Results
revealed no evidence that marijuana use was related to an increase
in later non -drug arrest, such as arrests for violent crimes. The
authors argued that the association between marijuana use and
crime appears to exist because of its illegality. Thus, if the
possession and sale of marijuana was legal the relationship
between marijuana and crime might disappear.
The Effect of Medical Marijuana Laws on Crime
It has been argued that medicinal marijuana laws may increase
crime because the dispensaries and grow houses provide an
opportunity for property crime and violent crime to occur, such as
burglary and robbery. Kepple and Freisthler [9] examined the
relationship between medical marijuana dispensaries and crime
and their results suggested that after controlling for a host of
ecological variables, no relationship existed between medicinal
marijuana dispensaries and property or violent crime. Additional
research has shown that medical marijuana dispensaries may
actually reduce crime within the immediate vicinity of the
dispensaries [8]. This may be due to the security measures
implemented by dispensary owners (i.e., having security cameras,
having a doorman, and having signs requiring identification).
Importantly, medical marijuana dispensaries do not appear to
increase crime in their surrounding areas.
In sum, research on the relationship between medicinal
marijuana and crime is mixed. Studies have shown that states
allowing the use of medical marijuana have higher prevalence
rates of marijuana use [13], [14], yet other studies have found that
legalized medicinal marijuana does not lead to an increase in its
overall use [21], [22]. Research has also suggested that marijuana
use is associated with an increase in illicit drug use [23], [19] and
an increase in crime [17J, [19], [16]. Others, however, have
revealed that marijuana is not related to additional illicit drug use
[22], [7], [17] or crime [8], [20], [9], [21]. Thus, the available
evidence is equivocal and in need of a rigorous evaluation of the
MMI. -crime relationship.
Methods
Data & Measures
Dependent Variables. Data on all seven Part I offenses ---
homicide, rape, robbery, assault, burglary, larceny, and auto
theft for each state between 1990 and 2006 were obtained from
the Federal Bureau of Investigation's Uniform Crime Reporting
(UCR) Program, published as Crime in the United States. The data
were obtained using the "data for analysis" tool on the Bureau of
Justice Statistics Web site (http://www.ojp.usdoj.gov/bjs/dtd.
htm). All data were gathered for each of the 50 U.S. states across
the 17 year time span for a total .N= 850. Values reflect the rate of
each crime per 100,000 residents.
Medical Marijuana Legalization (MML). To determine if
and when MML occurred within a state, we searched the official
legislative website of each US state. Between 1990 and 2006, the
following 11 states legalized marijuana for medical use, with the
year the law was passed in parentheses: Alaska (1998), California
(1996), Colorado (2000), Hawaii (2000), Maine (1999), Montana
(2004), Nevada (2000), Oregon (1998), Rhode Island (2006),
Vermont (2004), and Washington (1998). We also ran models
based on MML "legislation -effective year" rather than "legisla-
tion -passed year" and found no substantive differences in the
results. The MML effective dates were also gathered from each
State's official legislative website. Only 2 states (Connecticut and
Colorado) had an MML effective year different than "passed"
year, both being only a 1 -year difference. While there are many
options in modeling the effects of MML adoption on crime, we
opted to use a post -law trend variable. The trend variable
represents the number of years the law has been in effect with a
value of zero for all years before the law was passed, a value of 1
for the year the law was passed, and a value of l+k, where k =
number of years after the initial passage of the law, for all
subsequent years. Unlike the traditional "dummy variable"
approach (i.e., 0 = no MML law, 1 = MML law), which posits
a once -and -for -all impact on crime, the post -law trend variable
PLOS ONE I www.plosone.org 2 March 2014 1 Volume 9 I Issue 3 e92816
captures any changes in the linear trend of crime that may be
observed over time. If opponents of MML are correct that the laws
lead to increased marijuana use by teenagers, many of whom are
likely to continue illicit hard drug use throughout their adulthood,
one might expect a gradual increase in crime over time. Such an
effect would be best captured by the post -law trend variable.
Sociodemographic Control Variables. Sociodemographic
variables were included in the analysis to aid in controlling for a
vast array of other time -varying influences that might be potential
confounding factors over the study period. These variables, and
their sources, have been described previously [24]. Specifically,
they include each state's percent of the civilian labor force
unemployed; the total employment rate; percent of the population
living below the poverty line; real per -capita income (divided by
the Consumer Price Index); the proportion of residents aged 15-
24; the proportion of residents aged 25--34, the proportion of
residents aged 35-44 years; the per -capita rate of beer consump-
tion [25]; the proportion of residents with at least a bachelor's
degree; and the percent of the state's population that lived in a
metropolitan area. State -level unemployment data were obtained
from the Bureau of Labor Statistics website (www.bls.gov/sae/
home). Data on poverty were acquired via the Bureau of the
Census website (www.census.gov/hhes/www/poverty). Personal
income and real welfare payments data were taken from the
Bureau of Economic Analysis website (www.bea.doc.gov/bea/
regional/rein). The age variables were obtained directly from the
U.S. Bureau of the Census. Data on beer consumption were taken
from the Beer Institute website (www.beerinstitute.org). The
percent of the population with college degrees or higher and the
percent of the population living in a metropolitan area are linear
interpolations of decennial census data, as reported in various
editions of the Statistical Abstracts of the United States.
Additional measures included the number of prison inmates per
100,000 residents and the number of police officers per 100,000
residents. The number of prisoners was measured as the number
of prisoners sentenced to more than a year in custody as of
December 31 per 100,000 residents and was obtained from the
Bureau of Justice Statistic's website (www.ojp.usdoj.gov/bjs). Data
on the total number of police, including civilians, were taken from
the Public Employment series prepared by the Bureau of the
Census. Louisiana and Mississippi were missing information on
this variable for the year 2006, therefore reducing the usable case
count by two units. Substantive results were identical when values
for this year were imputed with values from the previous year.
Summary statistics for these explanatory variables are presented in
Table 1.
Analysis Plan
To identify the effect of MML on crime, we use a fixed -effects
panel design, exploiting the within state variation introduced by
the passage of MML in 11 states over the 17 year observation
period. The design allows for the assessment of whether states
adopting MML experienced changes in the trend of crime by
analyzing within state changes in crime rates over time and
comparing those changes to the crime rate trends among states
that did not pass an MML law. To carry out this analysis, we
estimate fixed -effects ordinary least squares regression models,
where the natural log of each crime rate variable (i.e., homicide,
rape, robbery, assault, burglary, larceny, and auto theft) is the
dependent variable. This model directly accounts for dynamic
factors that cause crime to vary from state to state, as well as those
stable unmeasured factors that differ between states [26], [27]. In
addition, we also include "year fixed -effects," which capture any
national influences on crime that are not captured in any of the
PLOS ONE I www.plosone.org
The Effect of Medical Marijuana Laws on Crime
Table 1. Summary Statistics.
Mean SD
Dependent Variables (prior to tog transformation)
Homicide Rate 5.778
Rape Rate 36.774
Robbery Rate 130.346
Assault Rate 303.573
Burglary Rate 845.706
Larceny Rate 2,727.552
Auto Theft Rate 406.504
Independent Variable
Medical Marijuana Law (Post -law Trend) .393 1.489
Sociodemographic control variables
Unemployment rate 5.162
Employment rate 58,568.89
Poverty rate 12.442
Real per -capita income 5.193
Proportion persons ages 15 to 24 .142
Proportion persons ages 25 to 34 .145
Proportion persons ages 35 to 44 .156
Beer shipments (31 -gallon barrels) per 100k 73,670.89
Percent persons with college degree 23.897
Percent persons residing in metropolitan area 67.654
Prisoners per 100k 343.072
Police officers per 100k 278.473
3.347
13.212
91.687
161.996
304.654
687.953
208.103
1.393
5,043.444
3.638
.844
.011
.017
.011
12,003.72
4.903
20.636
144.897
48.917
Note: Descriptive statistics are for the 1990-2006 period. The data sources are
noted in the text.
doi:10.1371 /jou rnal.pone.0092816.t001
time -varying explanatory variables. Robust standard errors are
clustered at the state level to avoid biased standard errors due to
the non -independence of data points over time [28]. Thus, the
fixed effects models can be expressed algebraically following the
convention set forth by Wooldridge [27] as:
log(3ijt)=biO+bilMMLjt+ ... +bikxjt+eit
where:
the subscripts i, j, and t are used to identify the crime rate
variable being used as the dependent variable, the 50 states,
and time (1990-2006), respectively;
log(yijt) = the time -demeaned (see [27]) logged crime rate
outcome variable;
bi0 = the crime -specific constant term;
bil MMLjt = the time -demeaned crime -specific average
impact of MML on crime rates;
= the time -demeaned crime -specific effect of
the various control variables, including year dummies, a linear
trend variable, and state fixed effects;
and, eit = the time -demeaned crime -specific error term.
It is important to note that fixed -effects models are not without
limitations. While they are well suited to address the issue at hand
and account for unobserved time -invariant factors, they are always
3 March 2014 I Volume 9 I Issue 3 I e92816
vulnerable to time -varying factors that are not accounted for that
differ between states with MML and those without. However, we
have accounted for the bulk of factors that have been shown
associated with state crime rates and our models explain a
considerable amount of variation in each outcome. It is also
important to acknowledge that fixed -effects models do not account
for temporal ordering for time -varying predictors within a given
observation period. For example, it is unknown whether states
adopted MML after experiencing lower crime rates in a given
year(s), however, this is unlikely to be an issue here since policy
response to crime rates tend to take time and we account for this
via operationalization of MML as an additive effect.
Results
Primary Findings
Before consulting the results from the fixed effects regression
models, a series of unconditioned crime rates for each offense type
were generated and are presented in Figure 1. Note that two crime
rate trends are presented in each panel. One trend—the solid
line—shows the crime rate, by year, for states that had not passed
an MML law. Thus, states that eventually did pass an MML law
contribute to the solid line up until the year that they passed the
1VLML law. As expected from the overall crime trend during this
time period, the solid line reveals that all states experienced a
reduction in each of the seven crimes from 1990 to 2006.
Important to note is the trend revealed by the dashed line, which
shows the crime rate trends for states after passing an MML law.
With one exception—forcible rape—states passing MML laws
experienced reductions in crime and the rate of reduction appears
to be steeper for states passing MML laws as compared to others
for several crimes such as homicide, robbery, and aggravated
assault. The raw number of homicides, robberies, and aggravated
assaults also appear to be lower for states passing MML as
compared to other states, especially from 1998-2006. These
preliminary results suggest MML may have a crime -reducing
effect, but recall that these are unconditional averages, meaning
that the impact of the covariates and other factors related to time
series trends have not been accounted for in these figures.
The results of the fixed effects analyses are presented in Table 2.
It is important to note that a Hausman test was carried out to
determine whether the fixed effects model was preferable over the
random effects model; the latter model is more parsimonious and,
thus, should be preferred when results do not systematically differ
across the two approaches. The results of the Hausman tests (with
year fixed effects omitted for both equations because they are
inestimable in the random effects model) suggested that the fixed
effects model was preferred in each of the seven analyses. For
reference, the Hausman x2 values were 302.61, 23.64, 102.50,
414.94, 58.87, 34.18, and 31.28 for homicide, rape, robbery,
assault, burglary, larceny, and auto theft, respectively.
The key results gleaned from the fixed effects analyses are
presented in row 1 of Table 2, which reveals the impact of the
MML trend variable on crime rates, while controlling for the other
time -varying explanatory variables. Two findings worth noting
emerged from the different fixed effects regression analyses. First,
the impact of MML on crime was negative or not statistically
significant in all but one of the models, suggesting the passage of
/VEAL may have a dampening effect on certain crimes. The second
key finding was that the coefficients capturing the impact of MML
on homicide and assault were the only two that emerged as
statistically significant. Specifically, the results indicate approxi-
mately a 2.4 percent reduction in homicide and assault,
respectively, for each additional year the law is in effect. Because
PLOS ONE I www.plosone.org
The Effect of Medical Marijuana Laws on Crime
log -linear models were estimated, the coefficient must be
transformed according to the following formula to generate
percentage changes in crime for a one -unit increase in MML:
e(1")*100 [27]. However, it is important to note that the finding for
homicide was less variable (i.e., a lower standard error) as
compared to assault. One might argue a Bonferroni correction is
necessary given the exploratory nature of the study and the
multiple models that were analyzed. Once a Bonferroni correction
was carried out (i.e., a/7), only the effect of MML on homicide
remained statistically significant (.05/7 = .007). Perhaps the most
important fording in Table 2 is the lack of evidence of any increase
in robbery or burglary, which are the type of crimes one might
expect to gradually increase over time if the MML-crime thesis
was correct. Thus, in the end, MML was not found to have a
crime enhancing effect for any of the crime types analyzed.
Sensitivity Analyses
The fixed effects models presented above were subjected to a
range of sensitivity tests to determine whether the findings were
robust to alternative model specifications. First, and as previously
noted, data for the two missing cases were imputed using matched
case replacement for Louisiana and Mississippi. Importantly,
substantive results were identical when this strategy was carried
out. A second sensitivity analysis explored the possibility that the
effect of MML on crime rates was non-linear. No evidence
emerged to support the hypothesis that MML has a non-linear
effect on crime rate trends. Third, a related issue concerns whether
the MML effect has both a trend effect (shown above) and a one-
time shock effect. We considered this issue by including the MML
trend variable (discussed above) along with a dummy variable
coded 0 for years when no MML law was present (by state) and
coded 1 in years when an MML law had been passed. The
findings were practically identical to those shown above: the MML
trend variable was negatively related to homicide (b = —.02,
p<.10) and assault (b = —.02, p<.10). A fourth sensitivity analysis
re -estimated the original models (shown above), by weighting each
state proportional to its population size. When these weighted
fixed effects models were estimated, the substantive findings were
somewhat different than those presented above. Specifically, the
effect of MML on homicide rates was no longer statistically
significant (b = —.01, p= .30), MML negatively predicted robbery
rates (b = —.02, p<.10), MML negatively predicted assault rates
(b = —.03, p<.01), and MML positively predicted auto theft rates
(b = .03, p<.05). While it is common in the crime policy literature
to weight observations by resident population to correct for
possible heteroskedasticity, this will be the efficient feasible GLS
(generalized least squares) procedure only if the heteroskedasticity
takes a particular form, i.e. variance proportional to the square of
the population. In the present study, the unweighted results
produce findings that are substantively consistent with the
weighted results, although they differ slightly quantitatively. The
most likely explanation for this discrepancy is that the weighted
results are driven by a few large population states. For this reason,
we present the unweighted results as the main results and the
weighted results as part of our numerous robustness checks.
Discussion and Conclusion
The effects of legalized medical marijuana have been passion-
ately debated in recent years. Empirical research on the direct
relationship between medical marijuana laws and crime, however,
is scant and the consequences of marijuana use on crime remain
unknown. Studies have shown that marijuana use was associated
with higher prevalence of subsequent illicit drug use [19] and an
4 March 2014 1 Volume 9 1 Issue 3 1 e92816
The Effect of Medical Marijuana Laws on Crime
Homicide Forcible Rape
2S$
990
1992 1994 1986 1998 2000 2002 2004 2008 1990 1992 1994 1999 1998 2000 2002 2004 2008
Year Year
8.
Pro to Medical Marijuana During Medical Mai uw.7 Prior to Medica Ma4wlna Dump Medio Maur
Robbery Aggravated Assault
960 1992 1994 1999 1998
Year
5
2_yy5
2000 2900 20o4 axe am 1962 1994 tree 1998 2200 2002 2004 2009
Yaw
Prior b P. Mallow. During Medal Mrluaa
Burglary
Prior b Medical Mammon Owing Medea) Mweara
Larceny
1890 1094 1906 1618 2900 2002 2224 2008 1960 1902 1964 1996 1999 2030 99002 990/ 2006
Yaw Yew
Prior to Medical Mriluw.
During Medical Moderates
Auto Theft
lo-
g
1990 1992 1991 1996 1998 2000 2002 2004 2006
Year
Prb b Modal Wilms Duna Measi Marlon"
Pala lo Msdca) Marijuana During Medcal Marijuana
PLOS ONE 1 www.plosone.org 5 March 2014 1 Volume 9 1 Issue 3 1 e92816
The Effect of Medical Marijuana Laws on Crime
Figure 1. Mean State Crime Rates as a Function of Year, by Medical Marijuana Law (MML). NOTE: Crime rates for states mandating MML
after 1996 remained in the "Prior to Medical Marijuana" line until transition to MML.
d o i:10.13 71 /journal . po n e.0092816.g 001
increased risk of violence [17]. Yet, other studies have found that
once additional factors were controlled for, there was no
relationship between marijuana use and later serious drug use
[7]. Research has also shown that marijuana use is not related to
violent crime when measured at the individual -level [201. Once
drug charges are controlled for, Pedersen and Skardhamar [21]
reported that the relationship between marijuana and crime was
not significantly different from zero. Unfortunately, no study has
examined the effect of legalized medical marijuana on state crime
rates across the United States. The current study sought to fill this
gap by assessing the effect of legalized medicinal marijuana on the
seven Part I UCR offenses. The analysis was the first to look at
multiple offenses across multiple states and time periods to explore
whether MML impacts state crime rates.
The central finding gleaned from the present study was that
MML is not predictive of higher crime rates and may be related to
reductions in rates of homicide and assault. Interestingly, robbery
Table 2. The Impact of Medical Marijuana Laws on Crime Rates.
and burglary rates were unaffected by medicinal marijuana
legislation, which runs counter to the claim that dispensaries and
grow houses lead to an increase in victimization due to the
opportunity structures linked to the amount of drugs and cash that
are present. Although, this is in line with prior research suggesting
that medical marijuana dispensaries may actually reduce crime in
the immediate vicinity [81.
In sum, these findings run counter to arguments suggesting the
legalization of marijuana for medical purposes poses a danger to
public health in terms of exposure to violent crime and property
crimes. To be sure, medical marijuana laws were not found to have
a crime exacerbating effect on any of the seven crime types. On
the contrary, our findings indicated that MVIL precedes a
reduction in homicide and assault. While it is important to remain
cautious when interpreting these findings as evidence that MML
reduces crime, these results do fall in line with recent evidence [291
and they conform to the longstanding notion that marijuana
Variable
Homicide Rape Robbery
Assault
Burglary Larceny Auto Theft
Medical Marijuana Law (MML)
-0.024*" -0.005 -0.016
-0.024*
- 0.004
- 0.002
0.026
Unemployment rate
Employment rate
Poverty rate
(0.007)
0.031 "
(0.012)
1.325
(1.277)
- 0.008"
(0.003)
(0.009)
-0.001
(0.014)
3.672"
(1.156)
0.006
(0.004)
(0.010)
0.039"
(0.015)
3.637"
(1.536)
0.001
(0.005)
(0.013)
(0.007)
-0.021 0.022"
(0.022)
4.249""
(1.383)
0.001
(0.005)
(0.011)
0.420
(0.943)
-0.004
(0.003)
(0.004)
(0.016)
0.005 0.036"
(0.009) (0.017)
-0.584
(0.747)
- 0.002
(0.002)
- 0.069
(1.715)
-0.007*
(0.004)
Per -capita income
- 0.013 -0.226"" -0.148"
-0.173* -0.194*" -0.099"** -0.137
Proportion aged 15 to 24
Proportion aged 25 to 34
Proportion aged 35 to 44
Beer consumption
Percent college degree
Percent metropolitan
Prisoners per 100k
Police officers per 100k
R2
(0.057)
3.528
(2.447)
-4.250"
(1.884)
- 1.393
(2.041)
0.903"
(0.399)
- 0.004
(0.011)
0.015"
(0.007)
-45.675
(33.964)
-0.001
(0.001)
.50
(0.067)
- 0.279
(1.681)
- 0.202
(2.038)
-3.083
(2.319)
0504*
(0.283)
0.016
(0.010)
0.022"
(0.008)
- 20.410
(22.442)
0.000
(0.001)
.46
(0.072)
-3.591
(3.371)
- 3.478
(2.920)
-4.008
(3.366)
1.261***
(0.442)
-0.032"
(0.012)
0.004
(0.009)
- 33.918
(35.013)
-0.002
(0.001)
.58
(0.100)
- 3.245
(2.961)
- 7.492"
(3.112)
- 13.777*"
(4.654)
0.436
(0.576)
- 0.012
(0.017)
0.004
(0.015)
41.979
(30.046)
- 0.001*
(0.001)
.44
(0.048)
0.676
(1.696)
5.150""
(1.904)
- 1.940
(1.928)
0.857*"
(0.291)
- 0.001
(0.007)
- 0.006
(0.008)
-7.186
(26.127)
- 0.000
(0.001)
.83
(0.036)
- 0.266
(1.422)
2.729
(1.712)
0.193
(1.489)
0.762""
(0.280)
0.005
(0.007)
-0.005
(0.006)
9.724
(18.575)
0.001
(0.001)
.75
(0.102)
5.279
(3.509)
11.352"""
(2.609)
- 3.558
(4.075)
1.376"
(0.580)
- 0.018
(0.013)
-0.009
(0.014)
- 56.412
(48.726)
- 0.001
(0.002)
.44
Robust standard errors in parentheses.
"" p<0.01, ** p<0.05, " p<0.1
Note: State fixed -effects and year fixed -effects are included in all estimates but are not shown in the table. The following variables were divided by 100000 in order to
produce coefficients that did not require scientific notation to interpret: Employment rate, Beer consumption, and Prisoners per 100k.
doi:10.1371 /journal.pone.0092816.t002
PLOS ONE 1 www.plosone.org
6 March 2014 1 Volume 9 1 Issue 3 1 e92816
legalization may lead to a reduction in alcohol use due to
individuals substituting marijuana for alcohol [see generally 29,
30]. Given the relationship between alcohol and violent crime
[31], it may turn out that substituting marijuana for alcohol Leads
to minor reductions in violent crimes that can be detected at the
state level. That said, it also remains possible that these
associations are statistical artifacts (recall that only the homicide
effect holds up when a Bonferroni correction is made).
Given that the current results failed to uncover a crime
exacerbating effect attributable to MML, it is important to
examine the findings with a critical eye. While we report no
positive association between MML and any crime type, this does
not prove MML has no effect on crime (or even that it reduces
crime). It may be the case that an omitted variable, or set of
variables, has confounded the associations and masked the true
positive effect of MVIL on crime. If this were the case, such a
variable would need to be something that was restricted to the
states that have passed MML, it would need to have emerged in
close temporal proximity to the passage of MML in all of those
states (all of which had different dates of passage for the marijuana
law), and it would need to be something that decreased crime to
such an extent that it "masked" the true positive effect of MML
(i,e., it must be something that has an opposite sign effect between
MML [e.g., a positive correlation] and crime [e.g., a negative
correlation]). Perhaps the more likely explanation of the current
References
1. Levinthal CF (2008) Drugs, society, and criminal justice (2nd Ed.). Boston:
Pearson.
2. American Academy of Pediatrics (2004) Legalization of marijuana: Potential
impact on youth. Pediatr 113: 1825-1826.
3. Johnson K, Chebium R (2013) Justice Department won't challenge state
marijuana laws. USA Today, Retrieved from: http://www.usatoday.com/story/
news/nation/2013/08/29/justice-medical-marijuana-laws/2727605/
4. O'Brien PK (2013) Medical marijuana and social control: Escaping criminal-
ization and embracing medicalization. Deviant Behav 34: 423-443.
5. Reingle JM, Staras SAS, Jennings WG, Branchini J, Maldonado -Molina MM
(2012) The relationship between marijuana use and intimate partner violence in
a nationally representative, longitudinal sample. J Interpers Violence 27: 1562-
1578.
6. Keyes KM, Schulenberg JE, O'Malley PM, Johnston LD, Bachman JG, et al.
(2011) The social norms of birth cohorts and adolescent marijuana use in the
United States, 1976-2007. Addict 106: 1790-1800.
7. Cleveland HH, Wiebe RP (2008) Understanding the association between
adolescent marijuana use and later serious drug use: Gateway effect of
developmental trajectory? Dev Psychopathol 20: 615-632.
8. Freisthler B, Kepple NJ, Sims R, Martin SE (2013) Evaluating medical
marijuana dispensary policies: Spatial methods for the study of environmentally -
based interventions. Am J Community Psychol 51: 278-288.
9. Kepple NJ, Freisthler B (2012) Exploring the ecological association between
crime and medical marijuana dispensaries. J Stud Alcohol Drugs 73: 523-530.
10. Harris AWF, Large MM, Redoblado-Hodge A, Nielssen 0, Anderson J, et al.
(2010) Clinical and cognitive associations with aggression in the first episode of
psychosis. Aust N Z J Psychiatry 44: 85-93.
11. Moore TM, Stuart GL (2005) A review of the literature on marijuana and
interpersonal violence. Agress Violent Behav 10: 171- 192.
12. Ostrowsky MK (2011) Does marijuana use lead to aggression and violent
behavior?J Drug Educ 41: 369-389.
13. Niveau G, Dang C (2003) Cannabis and violent crime. Med Sci Law 43 115-
121.
14. Swartout KM, White JW (2010) The relationship between drug use and sexual
aggression in men across time. J Intetpers Violence 25: 1716-1735.
15. Dembo R, Washburn M, Wish ED, Schmeidler J, Getreu A., et al. (1987)
Further examination of the association between heavy marijuana use and crime
among youths entering a juvenile detention center. J Psychoactive Drugs 19:
361-373.
The Effect of Medical Marijuana Laws on Crime
findings is that MML laws reflect behaviors and attitudes that have
been established in the local communities. If these attitudes and
behaviors reflect a more tolerant approach to one another's
personal rights, we are unlikely to expect an increase in crime and
might even anticipate a slight reduction in personal crimes.
Moreover, the present findings should also be taken in context
with the nature of the data at hand. They are based on official
arrest records (UCR), which do not account for crimes not
reported to the police and do not account for all charges that may
underlie an arrest. In any case, this longitudinal assessment of
medical marijuana laws on state crime rates suggests that these
laws do not appear to have any negative (i.e., crime exacerbating)
impact on officially reported criminality during the years in which
the laws are in effect, at least when it comes to the types of
offending explored here. It is also important to keep in mind that
the UCR data used here did not account for juvenile offending,
which may or may not be empirically tethered to MML in some
form or another; an assessment of which is beyond the scope of
this study.
Author Contributions
Analyzed the data: RM JCB. Contributed reagents/materials/analysis
tools: TK. Wrote the paper: RM MT JCB TK.
16. Dembo R, Walshbum M, Wish E, Yeung H, Getreu A, et al. (1987) Heavy
marijuana use and crime among youths entering a juvenile detention center.
J Psychoactive Drugs 19: 47-56.
17. Arseneault I, Moffitt TE, Caspi A, Taylor PJ, Silva PA (2000) Mental disorders
and violence in a total birth cohort. Arch Gen Psychiatry 57: 979-986.
18. Monshouwer K, Van Dotsselaer S, Verdurmen J, Ter Bogt T, De Graff R. et al
(2006) Cannabis use and mental health in secondary school children.
Br J Psychiatry 188: 148-153.
19. Brady SS, Tschann JM, Pasch LA, Flores E, Ozer EJ (2008) Violence
involvement, substance use, and sexual activity among Mexican•American and
European -American adolescents. J Adolesc Health 43: 285-295.
20. Green KM, Doherty EE, Stuart EA, Ensminger ME (2010) Does heavy
adolescent marijuana use lead to criminal involvement in adulthood? Evidence
from a multiwave longitudinal study of urban African Americans. Drug Alcohol
Depend 112: 117-125.
21. Pedersen W, Skardhamar T (2010) Cannabis and crime: Findings from a
longitudinal study. Addict 105: 109-118.
22. Bureau of Justice Statistics (2008) Deaths in custody reporting program.
Retrieved October 29, 2008 from ojp.usdoj.gov/bjs/dcrp/prisonindex.htm.
23. DeSimone) (1998) Is marijuana a gateway drug? East EconJ 24: 149-164.
24. Kovandzic TV, Vieraitis LM, Paquette -Boots D (2009) Does the death penalty
save lives? New evidence from state panel data, 1977 to 2006. Criminol Public
Policy 8: 803-843.
25. Scribner R, Cohen D, Kaplan S, Allen SH (1999) Alcohol availability and
homicide in New Orleans: Conceptual considerations for small area analysis of
the effect of alcohol outlet density. J Stud Alcohol 60: 310-316.
26. Allison PD (2009) Fixed effects regression models. Thousand Oaks, CA: Sage.
27. Wooldridge JM (2009) Introductory econometrics: A modern approach. Mason,
OH: South -Western Gengage Learning
28. Bertrand M, Duflo E, Mullainathan S (2004). How much should we trust
differences -in -differences estimates? QJ Econ 119: 249-275.
29. Anderson DM, Hansen B, Rees DI (2013). Medical marijuana laws, traffic
fatalities, and alcohol consumption. J. of Law Econ: 333-69.
30. DiNardoJE, Lemieux T (2001). Alcohol, marijuana, and American youth: The
unintended consequences of government regulation. J. Health Econ: 991-1010.
31. Baden JM, Fergusson DM, Horwood Lj (2012). Alcohol misuse and violent
behavior: Findings from a 30 -year longitudinal study. Drug Alcohol Depen:
135-41.
PLOS ONE 1 www.plosone.org 7 March 2014 1 Volume 9 1 Issue 3 1 e92816
Marijuana Policy Project
P.O. Box 77492
Washington, DC 20013
p: (202) 462-5747 • f: (202) 232-0442
info@mpp.org • www.mpp.org
"We change laws."
Medical Marijuana Dispensaries and Their Effect on Crime
Opponents of medical marijuana sometimes speculate that medical marijuana
dispensaries will lead to increased crime rates in surrounding areas.' These dispensaries, they
claim, will attract thieves and robbers to the facilities and breed secondary crimes in surrounding
areas. Such claims have prompted empirical and statistical analyses by researchers and law
enforcement agencies. In what should not come as a surprise, given the robust security at most
medical marijuana facilities, these studies have routinely shown that, contrary to these concerns,
dispensaries are not magnets for crime. Instead, these studies suggest that dispensaries are no
more likely to attract crime than any other business, and in many cases, by bringing new business
and economic activity to previously abandoned or run-down retail spaces, dispensaries actually
contribute to a reduction in crime.
While the data is reassuring, one public safety challenge for dispensaries and adult use
marijuana stores has been that many have been forced to operate as cash -only businesses because
of banks' concern about federal legal issues. However, with new guidance that was issued by the
federal government in February 2014, it is expected that more small banks and credit unions will
open accounts for marijuana businesses.
What follows is a brief summary of anecdotal and scientific evidence, including law
enforcement data analyses and academic research on medical marijuana dispensaries and their
effect on crime. For more information on dispensaries, medical use of marijuana, state laws, and
other issues related to medical marijuana, please visit mpp.org/medical.
2009 Los Angeles Police Department survey In response to debate over medical marijuana
regulations by the Los Angeles City Council, and claims from medical marijuana opponents that
dispensaries were magnets for crime, Los Angeles Police Chief Charlie Beck asked his
department to produce a report comparing the robbery rates of L.A. banks and medical marijuana
dispensaries. The report indicated that there were 71 robbery reports filed with the LAPD at the
city's 350 banks. Despite there being far more medical marijuana dispensaries — more than 800
at the time according to Beck — there were fewer robbery reports filed at dispensaries: just 47.
When asked about the report, and claims that dispensaries are crime magnets, Beck said, "1 have
tried to verify that because, of course, that is the mantra. It really doesn't bear out. ... Banks are
more likely to get robbed than medical marijuana dispensaries."2
2009 Denver Police Department survey An analysis of robbery and burglary rates at
medical marijuana dispensaries conducted by the Denver Police Department at the request of the
Denver City Council found that the robbery and burglary rates at dispensaries were lower than
' "Across the state, we're seeing an increase in crime related to dispensaries,' said Ernie Martinez, a Denver police
detective who is president of the Colorado Drug Investigators Association." "Medical marijuana dispensaries' effect
on crime unclear," The Denver Post, January 24, 2011.
http://www.denverpost.com/news/marijuana/ci 17178820#ixzz 1 ngbvMOII.
2 "LAPD Chief: Pot clinics not plagued by crime," Los Angeles Daily News, January 17, 2010.
http://www.dailynews.com/news/ci 14206441.
area banks and liquor stores and on par with those of pharmacies. Specifically, the report found a
16.8 percent burglary and robbery rate for dispensaries, equal to that of pharmacies. That's lower
than the 19.7 percent rate for liquor stores and the 33.7 percent rate for banks, the analysis
found.3
2010 Denver Police Department analysis — In late 2010, the Denver Police Department
looked at crime rates in areas in and around dispensaries. The analysis showed that through the
first nine months of 2010, crime was down 8.2% relative to the same period in 2009. The
decrease was comparable to the city's overall drop in crime of 8.8%.4 The Denver Post
completed a similar analysis and found that crime rates in some areas with the highest
concentration of dispensaries saw bigger decreases in crime than neighborhoods with no
dispensaries.5
2010 Colorado Springs Police Department analysis — An analysis by the Colorado Springs
Police Department found that robbery and burglary rates at area dispensaries were on par with
those of other businesses. Specifically, the department's data indicated that there were 41
criminal incidents reported at the city's 175 medical marijuana businesses in the 18 -month
period ending August 31, 2010. Meanwhile, over that same period, there were 797 robberies and
4,825 burglaries at other city businesses. These fmdings led the department's spokesman, Sgt.
Darrin Abbink, to comment, "I don't think the data really supports [dispensaries] are more likely
to be targeted at this point."6
October 2011 UCLA study, "Exploring the Ecological Link Between Crime and Medical
Marijuana Dispensaries," — Researchers from UCLA, funded by the National Institute on
Drug Abuse, used data from 95 census tracts in Sacramento to analyze two types of crime
(violent and property) in areas with varying concentrations of dispensaries. What they found was
that while factors traditionally understood to lead to increased crime — for example, large
percentages of land zoned for commercial rather than residential use, a high percentage of one-
person households, the presence of highway ramps, and a higher percentage of the population
being ages 15-24 — were positively associated with crime in those areas, "the density of medical
marijuana dispensaries was not associated with violent or property crime rates." In their
conclusion, the researchers said, "[t]hese results suggest that the density of [medical marijuana
dispensaries] may not be associated with increased crime rates or that measures dispensaries take
to reduce crime (i.e., doormen, video cameras) may increase guardianship, such that it deters
possible motivated offenders."'
Specifically, the study applied the "routine activity theory" of crime, which suggests that crime is
more likely when three criteria are met: (1) a motivated offender, (2) a suitable target, as defined
by factors like value, visibility, and access, and (3) a lack of guardianship such as low residency
or poor security. The authors hypothesized that the lack of a relationship between dispensaries
and crime could be attributable to either of two possible conclusions: either medical marijuana
dispensaries were no more valuable a target than other businesses in the area — a possibility
supported by the law enforcement surveys in L.A. and Denver discussed above — or heightened
security at dispensaries was sufficient to deter criminal activity in the area.
3 "Analysis: Denver pot shops' robbery rate lower than banks," The Denver Post, January 27, 2010.
http://www.denverpost.com/ci 14275637.
4 See note 1, supra.
5 Id
6 "Marijuana shops not magnets for crime, police say," Fort Collins Gazette, September 14, 2010.
http://www.gazette.com/artic les/wall-104598-marijuana-brassfield.html.
7 http://www.uclamedicalmarijuanaresearch.coin/node/10.
June 2011 Regent University study — Researcher Maura Scherrer of Regent University looked
at the perception of crime, and medical marijuana dispensaries' impact on crime, among
residents of Denver neighborhoods with varying socio-economic profiles. In so doing, she found
that most crimes, including robbery, vandalism, and disorderly conduct increased in Denver from
2008 to 2009. However, in areas within 1,000 feet of a dispensary, rates were down for most
types of crime, including burglary, larceny, and a 37.5% reduction in disorderly conduct
citations. In her conclusion the author notes, "it appears that crime around the medical marijuana
centers is considerably lower than citywide crime rates; a much different depiction than
originally perceived."8
February 2014 Urban Geography Researchers from the University of South Florida, the
University of Colorado, and the New York City Criminal Justice Agency set out to determine
whether medical marijuana dispensaries in Denver could be considered locally undesirable land
uses (LULUs), land uses that people do not want to live close to, but which provide services to
the community.9 The researchers studied 275 medical marijuana centers in 75 Denver
neighborhoods and concluded that:
"[w]hile public officials, and especially law enforcement, clearly warn residents about the
negative effects of these centers on the communities in which they are situated, there is
little evidence that residents are listening, as these centers do not appear to have any
impact on the urban landscape — and therefore on the health of the communities in
which they are located.s10
The study did find that medical marijuana centers are more likely to be opened in areas that have
higher crime rates, but that is not unusual because crime follows retail concentrations. "In short,
medical marijuana facilities appear to ... be more similar to drugstores and coffee houses than
they are to LULUs."11
Los Angeles crime trends — Los Angeles has frequently been cited as the city with the most
dispensaries and the least regulation of those dispensaries. It is also the most populous city in the
state that has the oldest and the broadest medical marijuana law, where any medical condition
qualifies. While L.A. voters do prefer some regulation and control — and they approved a ballot
measure to create a regulatory system in May 2013 — the city that has been cited as having more
dispensaries than Starbucks certainly has not suffered a crime epidemic as a result of its
permissive policies. On the contrary, overall crime in Los Angeles has dropped dramatically
since dispensing collectives became legal in 2004. Crime rates have plummeted in the past 11
years, with decreases each of those 11 years. They are now the lowest they have been since
1949.12
The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-
200613 — Researchers Robert Morris, Michael TenEyck, J.C. Barnes, and Tomislav Kovandzic
8 Study available at http://adr.coalliance.org/codr/fez/view/codr:983.
9 Lyndsay N. Boggess, Deanna M. Perez, Kathryn Cope, Carl Root & Paul B. Stretesky, Urban Geography (2014):
Do medical marijuana centers behave like locally undesirable land uses? Implications for the geography of health
and environmental justice, Urban Geography.
1° Id. at p. 15
11 Id. at p.16
12 Kathy Mather, "L.A. crime falls for I lth year; officials note historic drops," L.A. Times, Jan. 13, 2014.
http://www.latimes,com/local/lanow/la-me-In-crime-falls-20140113,0,3357277.story#axzz2vJ6f1 x1X
13 Morris RG, TenEyck M, Barnes JC, Kovandzic TV (2014). "The Effect of Medical Marijuana Laws on Crime:
Evidence from State Panel Data, 1990-2006." PLoS ONE 9(3): e92816. doi: 10.1371/journal.pone.0092816
analyzed the association between the enactment of a medical marijuana law and state crime rates
for all Part 1 offenses — homicide, rape, robbery, assault, burglary, larceny, and auto theft — as
collected by the FBI. The purpose was to help inform the debate on whether passage of medical
marijuana laws leads to increased crime rates. The researchers used fixed -effects panel design to
identify what, if any, effect passage of a medical marijuana law has on crime rates. This design
analyzes changes individual states see in their respective crime rates over time and compares the
changes to the crime rate trends among states that enacted medical marijuana laws and those that
did not.
While all states experienced a reduction in Part 1 offenses during the period studied, those that
had passed a medical marijuana law experienced greater reductions in those offenses than those
states that had not. The researchers conclude that enactment of a medical marijuana law "is not
predictive of higher crime rates and may be related to reductions in rates of homicide and
assault.s14 They note that the most "important finding ... is the lack of evidence of any increase
in robbery or burglary, which are the type of crimes one might expect to gradually increase over
time if the [medical marijuana laws lead to increased crime] theory was correct." 5
CHILDREN AND FAMILIES
EDUCATION AND THE ARTS
ENERGY AND ENVIRONMENT
HEALTH AND HEALTH CARE
INFRASTRUCTURE AND
TRANSPORTATION
INTERNATIONAL AFFAIRS
LAW AND BUSINESS
NATIONAL SECURITY
POPULATION AND AGING
PUBLIC SAFETY
SCIENCE AND TECHNOLOGY
TERRORISM AND
HOMELAND SECURITY
Safety and Justice
A RAND INFRASTRUCTURE, SAFETY, AND ENVIRONMENT PROGRAM
The RAND Corporation is a nonprofit institution that helps improve policy and
decisionmaking through research and analysis.
This electronic document was made available from www.rand.org as a public service
of the RAND Corporation.
Skip all front matter: Jump to Page 1 v
Support RAND
Browse Reports & Bookstore
Make a charitable contribution
For More Information
Visit RAND at www.rand.org
Explore the RAND Safety and justice Program
View document details
Limited Electronic Distribution Rights
This document and tradcmark(s) contained herein are protected by law as indicated in a notice appearing
later in this work. This electronic representation of RAND intellectual property is provided for non-
commercial use only. Unauthorized posting of RAND electronic documents to a non -RAND website is
prohibited. RAND electronic documents are protected under copyright law. Permission is required from
RAND to reproduce, or reuse in another form, any of our research documents for commercial use. For
information on reprint and linking permissions, please see RAND Permissions.
This product is part of the RAND Corporation technical report series. Reports may
include research findings on a specific topic that is limited in scope; present discussions
of the methodology employed in research; provide literature reviews, survey instru-
ments, modeling exercises, guidelines for practitioners and research professionals, and
supporting documentation; or deliver preliminary findings. All RAND reports un-
dergo rigorous peer review to ensure that they meet high standards for research quality
and objectivity.
RAN D Safety and Justice
A RAND INFRASTRUCTURE, SAFETY, AND ENVIRONMENT PROGRAM
TECHNICAL
REPORT
RAND RtlIARCN ARRAS
CHILDREN AND FAMILIES
EDUCATION AND THE ARTS
ENERGY AND EM'RIONMENT
HEALTH AND HEALTH CARE
INFRASTRUCTURE AND TRANSPORTATION
INTERNATIONAL AFFAIRS
LAW AND eAANESS
NATIONAL SECURT Y
POPULATION AND AGNG
PUBLIC SAFETY
SCENCE AND TEONOLOGY
TERRORISM AND
HOMELAND SECURITY
This product is part of the
RAND Corporation technical
report series. RAND technical
reports are used to communicate
research findings and policy
recommendations on a specific
topic for a targeted audience. All
RAND reports undergo rigorous
peer review to ensure high
standards For research quality
and objectivity.
® RAND 2011
Regulating Medical Marijuana Dispensaries
An Overview with Preliminary Evidence of Their Impact on Crime
Mireille Jacobson, Tom Chang, James M. Anderson, John MacDonald, Ricky N. Bluthenthal,
Scott C. Ashwood
Sixteen states and the District of Columbia
have passed laws that allow certain individu-
als to use marijuana for medical purposes.
Each year another state takes up this issue,
either at the polls or in the legislature: At present,
legislatures in more than half a dozen states are set to
debate whether to adopt medical marijuana laws.
In this report, we provide an overview of
state medical marijuana laws. We discuss current
approaches to regulating the supply of medical
marijuana, including capping the number of medical
marijuana dispensaries, the retail shops that provide
marijuana to individuals with a physician's recom-
mendation for the drug, and banning them outright.
We then take a closer look at the controversy over
retail medical marijuana sales and crime.
To empirically evaluate the connection between
medical marijuana dispensaries and crime, we report
results from an ongoing analysis in thc City of Los
Angeles. Since 2005, thc number of medical marijuana
dispensaries in the city has grown rapidly. At its peak,
the number of dispensaries in the city was estimated at
800 and was said to exceed the number of CVS phar-
macies or Starbucks locations. In an effort to rein in
this growth, Los Angeles ordered the closure of over
70 percent of the 638 dispensaries operating in the city in
June 2010. We collected data on the number of crimes
(overall and by rype) reported per block in the City of
Los Angeles and surrounding communities, such as
Hollywood, Beverly Hills, and unincorporated areas of
Los Angeles County. For this preliminary analysis, we
analyzed data for the ten days prior to and ten days fol-
lowing the June 7, 2010, dispensary closures. We com-
bined this with data from the Los Angeles City Attor-
ney's Office on the exact location of dispensaries that
were either subject to closure or allowed to remain open.
The authors would like to thank Greg Ridgeway, Jon Caulkins, and reviewers
Rosalie Pacula and Christopher Carpenter for Their very helpful feedback on
www.rond.org the draft manuscript.
Together these data allowed us to analyze crime
reports within a few blocks around dispensaries that
closed relative to those that remained open. Com-
paring changes in daily crime reports within areas
around dispensaries that closed relative to those that
remained open, we found that crime increased in the
vicinity of closed dispensaries compared with those
allowed to remain open. These results occur within
both a 0.3- and 0.6 -mile radius of dispensaries but
diminish with increasing distance. At 1.5 miles out,
there is no perceptible change in crime. The effects are
concentrated on crimes, such as breaking and entering
and assault, that may be particularly sensitive to the
presence of security.
We provide several hypotheses for what might
drive these results, including the loss of on-site secu-
rity and surveillance, a reduction in foot traffic, a
resurgence in outdoor drug activity, and a change in
police efforts. We consider the merits of each of these
hypotheses and describe ways these might be tested
in the future. In ongoing analysis, we are studying
crimes for a longer period before and after the 2010
closures and assessing whether these effects vary
according to characteristics of the neighborhoods sur-
rounding dispensaries. We will also analyze closures
leading up to a pending (but as of yet unscheduled)
dispensary license lottery in the City of Los Angeles.
Finally, we will analyze the closures directly deter-
mined by the lottery.
Recent events promise to bolster the importance
of decentralized but locally regulated medical mari-
juana dispensaries. U.S. Attorneys have sent letters
to officials in at least ten states that have been try-
ing to implement centrally regulated supply systems.
These letters urge caution, reminding the governors
and their legislatures that the federal government will
"vigorously" prosecute those involved in the manu-
facturing and distribution of marijuana, even if they
are in compliance with state law. An implication of
this federal action is that small-scale privately run
dispensaries, operating in the shadow of federal law,
will continue to be the most viable source of medical
marijuana. Our work aims to inform the debate on
local approaches to regulating this market.
Introduction
In 1996, California voters approved Proposition 215,
the Compassionate Use Act, ushering in an era of
state medical marijuana laws. Since then, a total of
16 states and the District of Columbia have passed
laws allowing marijuana use for medical purposes.' In
nearly every election cycle, another state contemplates
the issue, either at the ballot box or in the legisla-
ture. The latest law (passed by Delaware's legislature)
became effective on July 1, 2011 (Delaware Code,
2011). In addition, legislatures in ten other states are
currently debating whether to join the others.
Medical marijuana laws present states with several
unique challenges: (1) how to regulate the supply of
marijuana for patients who cannot cultivate the drug
themselves, while maintaining its criminal status for
nonmedical purposes, and (2) how to reconcile state -
sanctioned supply channels (and, to a lesser extent,
individual use) with federal prohibition. Until quite
recently the dominant approach, particularly in large
cities and at the state level, has been benign neglect.
Medical marijuana dispensaries, sometimes called pot
shops or cannabis clubs, have sprung up through the
cracks. Dispensaries typically sell marijuana and edi-
ble marijuana products to qualified patients. In some
cases, customers/patients consume the marijuana
on the premises. The strictness with which the sales
of marijuana are limited to those with a bona fide
medical need—and how that need is defined—varies
widely by state. The enforcement of bona fide medi-
cal need also varies by local jurisdiction.
The proliferation of medical marijuana dispen-
saries in such places as Los Angeles, San Francisco,
and Denver has raised the ire of some residents and
public officials who believe that the dispensaries
attract crime or, at the very least, create a public nui-
sance (McDonald and Pelisek, 2009; National Public
Radio, 2009; Reuteman, 2010). Jurisdictions have
responded in a myriad of ways, including capping the
number of dispensaries, banning them outright, or,
at the other extreme, proposing state-run or regulated
dispensaries.
' The states are Alaska, Arizona, California. Colorado. Delaware, Hawaii,
Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon,
Rhode island, Vermont, and Washington. While many states have Taws
that are broadly supportive of medical use—e.g., protecting patients from
jail time, as in Maryland—only these 16 remove state penalties for the cul-
tivation, possession, and use of marijuana for approved medical purposes
(Marijuana Policy Project, 2008). Pacula et al. (2002) provide an overview
of the myriad of state laws on medical marijuana.
On its face, the claim that dispensaries are asso-
ciated with crime stems plausible. Illegal drugs
have long been associated with crime in the public's
consciousness. Many remember the crack cocaine
epidemic of the 1980s, when drug dealers battled
to control local distribution—often with deadly
consequences. In the current setting, the relation-
ship between marijuana sales and crime could occur
through several possible causal mechanisms. First,
marijuana consumption, which is presumably higher
at or near dispensaries, may have direct criminogenic
effects on users. These effects are cited in the context
of alcohol outlets, where openings (Teh, 2008) and
availability (Scribner, MacKinnon, and Dwyer, 1995)
in Los Angeles and other jurisdictions (Gorman et
al., 1998; Scribner et al., 1999) are associated with
increases in crime. While superficially plausible in
this setting, some research suggests that marijuana
use does not increase crime commission per se
(Pacula and Kilmer, 2003) and may even inhibit
aggressive behavior (Myerscough and Taylor, 1985;
Hoaken and Stewart, 2003).
Second, crime could increase near dispensaries as
users try to finance their drug use by theft or other
crime. Third, the quasi -legal status of dispensaries
could engender crime if customers, employees, or
owners resort to violence to resolve disputes (Miron,
1999; Resignato, 2000). Finally, dispensaries, which
arc a direct source of drugs and cash, may offer
opportunities to and thus attract criminals. Anec-
dotal evidence suggests that dispensaries have been
subject to break-ins and robberies (e.g., see McDonald
and Pelisek, 2009). However, it is unclear whether
other types of businesses in the same locations would
engender the same kind of crime.
The argument that marijuana use (medical or
otherwise) increases crime has proven influential
with policymakers: New York City's special narcotics
prosecutor used it to prevent the passage of a medi-
cal marijuana bill in the state senate (Campanile,
2010), and law enforcement in Oregon raised it to
oppose the recent initiative to create a state-run sup-
ply system (Measure 74), which was defeated in the
November 2010 elections (Burke, 2010). However,
the claim that marijuana dispensaries per se attract
crime has not been rigorously empirically evaluated.
Our work is the first systematic, independent analysis
of this claim.'
'The Denver Police Department (Ingold, 2010) and the Colorado Springs
Police Department (Rodgers, 2010) each analyzed the number of crimes
around dispensaries and compared them with the numbers around banks,
Pharmacies, and other businesses. Neither found evidence that dispensaries
attracted crime.
In this report we provide a brief overview of the
history of state medical marijuana laws and current
approaches to regulating medical marijuana supply.
We then provide a case study of the City of Los
Angeles, dubbed "the Wild West of Weed" (Philips,
2009), which has experienced rapid growth in medi-
cal marijuana dispensaries since 2005. We clarify
the evolving regulatory landscape in the city and use
its recent experience ordering the closure of over
70 percent of the 638 dispensaries operating within
the city to evaluate the claim that marijuana dispen-
saries attract or cause crime. Surprisingly, we find
that crime increased in the vicinity of the closed
dispensaries relative to the vicinity of dispensaries
allowed to remain open.
The Los Angeles experience continues to evolve.
In January 2011, the city's dispensary closures were
invalidated as the result of a legal challenge. In
response, the city plans to allocate 100 dispensary
licenses by lottery (Hoeffel, 2011c). However, these
plans face ongoing legal challenge (Hoeffel, 2011d).
As Los Angeles and other jurisdictions around the
nation consider ways to regulate marijuana dispensa-
ries, this study should provide some empirical evidence
to guide policymakers. Ultimately any sustained
approach to supplying medical marijuana will have
to balance a complex mix of legal, regulatory, politi-
cal, and public safety concerns. Although more work
remains to be done, our initial investi-gation suggests
that the latter concern—namely, public safety—may
not be as important as commonly believed.
The Control of Medical Marijuana: A
Brief Overview
Like heroin and LSD, marijuana is classified under
federal law as a Schedule I drug, meaning that it has
high abuse potential and no accepted medical use
(Grinspoon and Bakalar, 1993). It is illegal under
federal law to cultivate, possess, or distribute mari-
juana for any purpose (Mikos, 2009).
Despite this status, the federal government makes
marijuana available for medical purposes in a very
limited way: through a "Compassionate Use" Inves-
tigational New Drug program that once allowed
physicians to provide marijuana to approved patients
on an experimental basis and through larger -scale
research studies that require approvals from the
Food and Drug Administration, a special Public
Health Service panel, and the Drug Enforcement
Administration (Harris, 2010). The Compassion-
ate Use program, which was closed to new patients
in 1992, never reached more than 36 patients total
(Grinspoon and Bakalar, 1993), and federal approval
to study rnarijuana is notoriously difficult to obtain
(Harris, 2010). In both cases, marijuana must be
acquired from the University of Mississippi, which
runs the only federally approved grow site in the
United States (Mikos, 2009).
Like the federal government, all states outlaw
rnarijuana cultivation, possession, and distribu-
tion for nonmedical purposes, although some treat
minor offenses as a civil rather than a criminal
offense (Mikos, 2009). But an increasing number of
states -16 and the District of Columbia as of July
2011—make an exception to allow cultivation, pos-
session, and use for approved medical purposes. Most
of these laws were passed through voter -approved
initiatives (see Table 1).
Medical marijuana use has wide support in prin-
ciple. Recent polls indicate that over 70 percent of
Americans favor state laws allowing marijuana use for
prescribed medical purposes (Pew Research Center,
2010). However, 44 percent would be somewhat or
very concerned if a "store that sold medical mari-
juana" opened in their area (Pew Research Center,
2010). Perhaps as a consequence, medical marijuana
laws have been remarkably ambiguous about key
supply issues, until quite recently. While all allow
registered patients to grow their own marijuana or
designate somebody as their grower, none provides
a mechanism for legally obtaining seeds or cuttings
(Harrison, 2010).
Physicians can generally discuss marijuana's
benefits and recommend its use to patients, though
this practice is controversial in some states (Hoff-
mann and Weber, 2010).' They still cannot legally
prescribe, dispense, or even advise patients on how
to obtain the drug without violating federal law
(Hoffmann and Weber, 2010). Moreover, although
the anti -commandeering doctrine prohibits Congress
from requiring states to prohibit medical marijuana
(Mikos, 2009), a 2005 Supreme Court decision
(Gonzales v Raich) reaffirmed that individuals who
cultivate or possess marijuana legally under state law
may be prosecuted under federal law (Hoffmann and
Weber, 2010).'
'In Conant v Walters, 309 F.3d 629 (9th Cir. 2002), cert. denied, 540
U.S. 946 (2003), the United States Court of Appeals for the Ninth Circuit
ruled that physicians had a First Amendment right to advise patients about
marijuana. Judge Knsinski, concurring, argued that the federal government
prohibiting doctors from discussing medical marijuana also violated rhe
"commandeering" doctrine of New York v United States. 505 U.S. 144
(1992), and Printz v United Stares, 521 U.S. 898 (1997). While the Court
of Appeals ruling is technically only binding on the states within the Ninth
Circuit (California, Nevada, Washington, Oregon, Montana, Idaho, Ari-
zona, Alaska, and Hawaii). it may prove influential in other jurisdictions.
'The U.S. Department of Justice (DOJ), which brought Gonzales v Raich
to the Supreme Court, exercised this power regularly: it has raided 30 to
40 medical marijuana dispensaries in California since 2005 (Blum, 2009;
Alex Johnson, 2009).
Table 1
Summary of State Medical Marijuana Laws
State
Year
Passed
Date Effective
Voter
Approved?
Maximum
Patients
per
Caregiver
Dispensary Regulations
Alaska
1998
March 4, 1999
Yes
1
Arizona
2010
November 29, 2010a
Yes
Sc
State regulated
California
1996
November 6, 1996
Yes
None
Licensed through city or county
business ordinances
Colorado
2000
June 1, 2001
Yes
Sc
Authority given to localities
Delaware
2011
July 1, 2011a
No
5
State regulated
District of
Columbia
2010
July 27, 2010
Yes
1c
Will be city regulated
Hawaii
2000
December 28, 2000
No
None
Maine
1999
December 22, 1999
Yes
sc
State regulated
Michigan
2008
December 4, 2008
Yes
5
Montana
2004
November 2, 2004
Yes
None
Not allowed, but dispensaries are
proliferating. The legislature is
expected to pass regulations in
2011.
Nevada
2000
October 1, 2001
Yes
1
Not allowed, but several
dispensaries are operating
New Jersey
2010
January 2011a
No
1
Will be state regulated
New Mexico
2007
July 1, 2007
No
4'
State regulated
Oregon
1998
December 3, 1998b
Yes
None
Rhode
Island
2006
January 3, 2006
No
Sc
State regulated; program is on
hold as of July 2011
Vermont
2004
July 1, 2004
No
1
Washington
1998
November 3, 1998
Yes
1
State indicates that dispensaries
are "not allowed"
a These programs are not yet active, as of August 2011.
b Oregonians defeated Measure 74 on the November 2010 ballot, which would have established a state -
regulated supply system (Oregon Ballot Measure 74, 2010; "November 2, 2010, General Election Abstracts of
Votes, State Measure No. 74," undated).
c Limits do not apply to dispensaries.
SOURCES: Arizona Medical Marijuana Act (2009), Council of the District of Columbia (2010), Delaware State
Senate (2011), Harrison (2010), Johnson (2010), Maine State Law and Reference Library (2011), Malinowski (2011),
O'Connell (2010), ProCon.org (2011a), Southall (2010), Washington State Department of Health (2011), and
Whited (2009).
The Emerging Regulatory Framework:
California and Beyond
Faced with these legal obstacles to purchasing medi-
cal marijuana, patients and buyers banded together
to form cooperatives or buyer's clubs, Tater known as
dispensaries. In California, the first cooperatives actu-
ally predate the state's medical marijuana law (Cohen,
2000). In October 1996, a month before Proposition
215 passed, the Los Angeles Times reported that six dis-
pensaries were operating in the Bay Area and several
others were open in Southern California (Curtis and
Yates, 1996).5 These dispensaries, like the first medi-
cal marijuana laws themselves, emerged, at least in
part, out of AIDS activism (Reiman, 2010); AIDS
wasting syndrome is one of the conditions for which
the benefits of marijuana are least controversial (Wat-
son, Benson, and Joy, 2000).
'The San Francisco Cannabis Buyers Club, which was founded in 1991 by
Dennis Peron. a coauthor of Proposition 215, was likely the first dispensary
(McCabe, 1996).
More dispensaries opened after Proposition 215
took effect. Their numbers increased rapidly after
2004, whcn California Senate Bill 420 (2003) estab-
lished a (voluntary) patient identification card program
and recognized a patient's right to cultivate marijuana
through nonprofit collectives and cooperatives—
i.e., dispensaries.' In accordance with Senate Bill 420,
the California State Attorney General, Jerry Brown,
later issued guidelines to prevent the diversion of medi-
cal marijuana (Brown, 2008). Among other things,
these guidelines indicated that local jurisdictions had
the right to further regulate dispensary operations,
which seems to have set in motion a wave of city and
county regulations.
As of May 2011, 42 cities and nine counties in
California have ordinances regulating dispensary
operations (Americans for Safe Access, 2011). While
approaches vary, most dispensary regulations deal
with the following core issues: licensure, zoning
(including district and distance requirements), secu-
rity systems, storage, on-site consumption, and sig-
nage (Salkin and Kansler, 2010). San Francisco, which
in 2005 was one of the earliest cities to craft com-
prehensive dispensary regulations, established zon-
ing and proximity restrictions, as well as ventilation
requirements for dispensaries that obtained approval
for on-site smoking.' Another "early adopter," West
Hollywood, caps the number of dispensaries at four,
limits business hours, prohibits on-site consump-
tion, and sets zoning and proximity restrictions. It
also requires each dispensary to have a neighborhood
guard patrol within a two -block radius of a dispensary
during business hours and to distribute the name
and phone number of a staff person responsible for
handling problems to neighbors within 100 feet of
a dispensary (City Council of the City of West Hol-
lywood, 2007). Many, primarily smaller, jurisdictions
have moratoria on new dispensaries or outlaw them
altogether (Americans for Safe Access, 2011)." City
bans are currently being challenged in the ongoing
case of Qualified Patients Association v City of Anaheim
(see Hoeffel, 20106; Carpenter, 2011).
While California allows counties and cities to reg-
ulate dispensaries, eight states—Arizona, Colorado,
Delaware, Maine, New Mexico, New Jersey, Rhode
Island, and Vermont—and the District of Columbia
`This right was affirmed in People v Urnireanu (2005), which reversed the
conviction ofa collective owner, Michael Urziccanu, fur conspiracy to sell
marijuana.
'The ordinance specifies, for example. the types of neighborhoods where
dispensaries can operate and places a 1,000 -foot buffer around schools
and recreational facilities. For more detail, see City and County of San
Francisco Planning Department (undated).
'As of May 2011, 152 cities and 13 counties ban dispensaries, and 96 cities
and 15 counties have moratoria in effect.
regulate medical marijuana dispensaries directly (see
Table 2). Many passed regulations in an effort to
avoid California's experience—the massive growth in
dispensaries (Maas, 2009) and the patchwork of local
ordinances that emerged in their wake.
In addition, they reacted to what had until
recently been viewed as a softer federal stance on
dispensaries. In March 2009, Attorney General Eric
Holder announced that federal raids of dispensaries
would be restricted to those involved in drug traffick-
ing (Johnston and Lewis, 2009). Holder's announce-
ment was seen as a dramatic change of policy from
the Drug Enforcement Administration's dispensary
raids during the George W. Bush administration.
Headlines such as "A Federal About -Face on Medical
Marijuana" (Meyer, 2009) and "Obama Administra-
tion to Stop Raids on Medical Marijuana Dispensers"
(Johnston and Lewis, 2009) promoted the impres-
sion that dispensaries would be allowed to grow
unimpeded by federal law enforcement, although
DOJ later released a memorandum clarifying that the
policy was not a green light for dispensaries (United
States Department of Justice, 2009).
Recent efforts to regulate the supply of medical
marijuana centralize the licensing and oversight of
dispensaries, primarily at the state level. New Mex-
ico, which in 2007 was the first to establish a state
systcm to regulate medical marijuana production
and distribution, licenses nonprofit providers and scts
limits on the amount of marijuana they can grow
and dispense (Holmes, 2010). Rather than capping
the number of dispensaries, as is done in most state
systems, New Mexico limits the number of patients
any dispensary can serve to a total of four. Maine's
regulatory system, which was created by a 2009
voter amendment to its 1999 medical marijuana law,
licenses and regulates dispensaries as well, but caps
their total number at eight.9
The specific caps chosen tend to be driven by
geography. For example, New Jersey's law estab-
lishes six "alternative treatment centers" for medical
marijuana, two in each of the northern, central, and
southern parts of the state. At the very high end of
caps, Arizona limits the number of dispensaries to
124 at the outset, "proportionate to the number of
pharmacies in the state" (Lee, 2010). In 2013, Dela-
ware will grant licenses to one state -regulated "com-
passion center" in each of its three counties based on
a scoring system for safety, security, diversion pre-
vention, and record-keeping plans. Three additional
licenses will be granted in 2014. With the exception
'See Maine State Law and Reference Library (2011).
-6—
Table 2
Summary of State Dispensary Regulations
State
Enacted
Nonprofit?
Cap on Numbers?
Zoning Requirements
Quantity
Limits?
Security
Arizona
November 29, 2010a
Yes
Yes—not to exceed
10% of pharmacies;
will start at 124
Devolves to local
jurisdictions
Yes
Security alarm system
Colorado
June 7, 2010
No
No, but caps are
enacted at the
local level
At (east 1,000 feet
from a school, alcohol or
drug treatment facility,
or child care facility
Yes
Video and alarm
systems
Delaware
May 13, 2011a
Yes
1 in each of
3 counties, with
3 more in year 2
500 feet from a school
Yes
Alarm system
District of
Columbia
July 27, 2010a
No
5
At least 1,000 feet from
a school or youth center
Yes
Plan required
Maine
November 3, 2009
Yes
8
At least 500 feet
from a school
Yes
Must demonstrate
adequate security
New Jersey
January 2011a
Yes
6
Devolves to local
jurisdictions; cannot be
within 1,000 feet of
a school
Yes
Plan required
New Mexico
December 15, 2008
Yes
No caps, but
suppliers are limited
to 4 patients
At least 300 feet from
any school, church, or
day care center
Yes
Not specified
Rhode Island
June 16, 2009b
Yes
3
At least 500 feet
from a school
Yes
Security alarm system
Vermont
June 6, 2011b
Yes
4
At least 1,000 feet
from a school or
child care facility
Yes
Security alarm system
a These programs are not yet active in their entirety, as of August 2011.
b The dispensary system is not yet active, as of August 2011.
SOURCES: Arizona Medical Marijuana Act (2009), California Senate Bill 420 (2003), Delaware State Senate (2011), General Assembly of the
State of Colorado (2010), General Assembly of the State of Vermont (2011), Maine Department of Health and Human Services, Division of
Licensing and Regulatory Services (2010), New Jersey Register (2010), New Mexico Department of Health (undated), ProCon.org (2011b),
and Rhode Island General Assembly (2009).
of Colorado, Maine, and New Mexico, the other
state -regulated supply systems exist only on paper
and have not yet issued licenses.10 More states, such
as Hawaii and Montana, have been actively contem-
plating the establishment of systems to regulate the
supply of medical marijuana.
Many efforts to plan or implement central sup-
ply systems have slowed or ceased in recent months,
after U.S. Attorneys in ten states sent letters to gover-
nors and other elected officials restating the conflict
between state and federal law. The letters warned that
"Colorado's systent is in an interim phase. Colorado will not issue licenses
until July 1. 2012 (originally 2011), but dispensaries that had filed an ap-
plication by the August I, 2010. deadline can continue to operate until that
time. See Wyatt (2011) for discussion of the extension.
those involved in the manufacture or distribution of
marijuana risk civil or criminal penalties (see Table 3).
In some cases, these letters responded to requests for
guidance (seven states), but several others were sent
on DOJ's own initiative (three states). Vermont and
Hawaii appear to be pressing ahead despite these
letters, but the response among other recipients and
the likely chilling effect in states considering similar
systems suggest that the regulation of medical mari-
juana supply may remain a local issue."
" One letter was sent to the City of Oakland, which had plans to establish
four industrial -scale marijuana production facilities (Wlmisen, 2010). It
has since abandoned this plan. Although it is the rare jurisdiction that
contemplates such an approach, local regulations will likely involve far less
centralization.
-7 -
Table 3
Summary of 2011 U.S. Attorney Letters Regarding Medical Marijuana
When
U.S. Attorney
District
To Whom
Letter Solicited?
Comments and Outcome
February 1
Melinda Haag
Northern
California
Oakland City
Attorney
Yes—guidance on
Oakland ordinance
Warns that city's plans to license 4
industrial -scale production facilities
could result in civil and criminal
penalties. City suspended plans after
receipt of letter.
April 12
Florence Nakakuni
Hawaii
Director, Public
Safety
Yes—guidance on law
to establish at least 1
dispensary
States that disruption and
prosecution of drug trafficking is a
core priority
April 14
Jenny Durkan,
Michael Ormsby
Western
and Eastern
Washington
Governor
Yes—guidance on
program to license
growers and dispensaries
States that disruption and
prosecution of drug trafficking is a
core priority. Governor vetoes bill.
April 20
Michael Cotter
Montana
Several state
legislators
Yes—guidance on
proposal to license and
regulate production and
distribution
States that disruption and
prosecution of drug trafficking is a
core priority. New legislation passed
will likely shut down hundreds of
dispensaries.
April 26
John Walsh
Colorado
Colorado
Attorney
General
Yes—guidance on bill to
clarify law that licenses
marijuana dispensaries
DOJ will consider "appropriate civil
and criminal" remedies. Law passes
despite letter; extends moratorium
on new dispensaries through 2012.
April 29
Peter Neronha
Rhode Island
Governor
No—responds to licensing
of 3 "Compassion
Centers"
States that prosecution of businesses
that "market and sell marijuana" is
a "core priority." Governor suspends
program to license dispensaries.
May 2
Dennis Burke
Arizona
Director,
Department of
Health Services
No—responds to rules
filed for dispensary
licensing and other
aspects of program
Governor filed suit against Burke
and Attorney General Holder
seeking clarification on the legal
protections their law affords voters
May 4
Tristram Coffin
Vermont
Information
not available
Yes—guidance on bill
sought after Rhode Island
received an unsolicited
letter about proposed
compassion centers
Bill passes and receives governor's
signature
May 16
Thomas Delahanty II
Maine
Health and
Human Services
Committee
Yes—guidance on
changes to law, such
as making patient
registration voluntary
DOJ will act "vigorously against
individuals and organizations"
involved in unlawful manufacturing
and distribution
June 3
Dwight Holton
Oregon
Dispensary
owners,
operators,
landlords
No—responds to
dispensary growth
Letter signed by many Oregon DAs,
sheriffs, and police chiefs. Warns of
risk of prosecution, civil action, and
asset seizure.
NOTE: DA = district attorney.
SOURCES: For letters from Rhode Island, Colorado, California, Hawaii, Washington, and Montana, see Reason (2011). For the Arizona letter,
see Burke (2011). For the Oregon letter, see Holton (2011) and Richardson (2011). For details of the Vermont letter, see Hallenbeck (2011).
The Los Angeles Experience
The movement to regulate medical marijuana sup-
ply, and in particular to limit and tightly manage
dispensary systems, has been fueled in part by the
experience in Los Angeles. In this section, we study
Los Angeles in order to put the current debate in
proper historical context and to shed light on what
remains an important issue for local regulations mov-
ing forward—the relationship between dispensaries
and public safety.
The effort to regulate dispensaries in Los Angeles
began in May 2005, when City Council member
Dennis Zine requested a study of the city's dispensa-
ries. His goal was to set the stage for drafting compre-
hensive land use regulations (Doherty, 2010)» In its
report in July 2005, the Los Angeles Police Depart-
ment (LAPD) identified four known dispensaries
't A description oldie motion can be Found at LACityClerk Connect
(undatedlal).
within city limits, suggested that several others were
operating at mobile sites, and claimed that dispensa-
ries generated crime.13 To substantiate these claims,
the LAPD cited several felony narcotics arrests made
at these dispensaries. They noted that "no reported
non -narcotics related crimes can be attributed to
these locations" but indicated that it was highly likely
that "crimes such as theft, robbery and assault have
occurred and will occur along with the sale of mari-
juana from these locations" (Bratton, 2005).
To address these concerns, the LAPD report
called for restricting dispensaries to commercial
areas, if the city chose not to ban them altogether.
It further suggested prohibiting dispensaries from
residential areas, near schools and colleges, and near
both public and private recreational areas and rec-
ommended a set of regulations for those already in
operation. In 2006, the City Attorney's Office issued
its own report laying out various options for regulat-
ing dispensaries, including an outright ban based on
federal law, an interim moratorium until state law is
"further clarified," and a land use ordinance estab-
lishing zoning requirements.14
As detailed in Table 4, the city opted for an
Interim Control Ordinance (ICO), which took effect
almost a full year later in September 2007. The ICO
placed a temporary moratorium on new dispensaries
and required existing dispensaries to register with the
city by November 13, 2007. To register, dispensaries
had to present a City of Los Angeles Tax Registra-
tion Certificate, a State Board of Equalization seller's
permit, a lease, proof of insurance, and dispensary
membership forms. The broad goal of the ICO was to
address concerns of neighborhood activists about the
growth of dispensaries while buying the city some
time to draft permanent legislation.
The ICO was also a response to the LAPD's fact
sheet documenting a massive increase in dispensaries
(from four to 98) between July 2005 and November
2006 and attempting to tie these dispensaries to an
increase in crime in their reporting districts.15 This
link was summarized in the fact sheet's table of areas
with dispensaries, the number of dispensaries, and
the percentage change in crimes (robberies, burglar-
ies, aggravated assaults, and burglary from auto) in
these areas from July 30, 2005, to October 29, 2005,
and from July 30, 2006, to October 28, 2006. No
effort was made to isolate the change in crime near
dispensaries from broader neighborhood -specific
crime patterns or to compare them with the change
"See Bratton (2005).
"See Delgadillo (2006).
1'See Los Angeles Police Department, Narcotics Division (2006).
—8—
around other neighborhood establishments, such as
liquor stores, coffee shops, or banks.
Although the ICO was intended to halt the growth
in dispensaries, it actually had the opposite effect.
Hundreds of dispensaries opened subsequent to the
moratorium after filing applications for "hardship
exemption," requests that were allowed under the ICO
(McDonald and Pelisek, 2009))' Many entrepreneurs
quickly realized that the city would not prosecute these
dispensaries until their hardship applications had been
reviewed, and the Ciry Council seemed in no hurry to
review these applications. Indeed, the City Council did
not rule on any applications before June 2009, after more
than 500 applications had been submitted (Hoeffel,
2009a). To close this loophole, the city passed an
ordinance on June 19, 2009, that amended the ICO
to eliminate the hardship exemption."
It was not until January 26, 2010, that the City
Council approved final regulations. The new ordi-
nance set the number of dispensaries in the city at
70)8 Dispensaries that registered and had been oper-
ating legally in the city since the ICO were grand-
fathered, meaning that the number of legal dispen-
saries could exceed 70 in the short run. However, all
dispensaries were subject to new zoning rules, includ-
ing a 1,000 -foot buffer between dispensaries and
between dispensaries and "sensitive use" sites, such
as schools, parks, and libraries. The ordinance also
established a set of operating conditions. Dispensaries
were required to have web -based closed-circuit televi-
sion security systems, maintain security recordings
for a minimum of 90 days, and make those record-
ings available to the police on request. The ordinance
prohibited on-site consumption of marijuana, dispen-
sary operation between the hours of 8:00 p.m. and
10:00 a.m., the sale of alcoholic beverages, and the
entry of persons under the age of 18 without proof
of patient qualification and the presence of a parent,
legal guardian, or licensed attending physician.
On June 7, 2010, dispensaries that were not operat-
ing legally were to cease operations. The city sent "cour-
tesy notices" to the 439 dispensaries that were being
ordered to shut their doors.'9 Early reports indicated
that most dispensaries ordered to close did so; the City
Attorney's Office estimated that 20 to 30 stores were
'The first set of hardship applications requested exemptions because of
delays beyond the dispensaries' control, such as receiving a city business tax
registration certificate, which prevented them from meeting the November
13, 2007, registration deadline. Laver applicants provided a much wider
range ofjustificarions, such as that they provided a community service or
that they could not officially register in 2007 because of the fear imposed
by federal authorities (Hoeffel, 2009a).
"See Council of the City of Los Angeles (2009).
''Sec Council of the City of Los Angeles (2010a).
"See Romero (2010a) for a sample letter.
-9 -
Table 4
Timeline of Events Impacting Medical Marijuana Dispensaries in Los Angeles and Beyond
Date
Law/Event
Key Details
November 5,
1996
Proposition 215: The Com-
passionate Use Act of 1996
California voters approve medical use of marijuana by 56%. Law took effect on
November 6, 1996.
September 11,
2003
Senate Bill 420: Medical
Marijuana Program Act of
2003
Law took effect on January 1, 2004. Establishes a voluntary ID program for qualified
patients and provides some legal cover for medical marijuana dispensaries by validating
access through "cooperatives and collectives." Authorizes localities to adopt and enforce
laws consistent with the act. Also set possession limits, but they were struck down at the
Appeals Court and State Supreme Court levels in 2008 and 2010, respectively.
May 23, 2006
L.A. County Ordinance
No. 2006-0032
Law took effect on June 22, 2006. Allows medical marijuana dispensaries to operate
in Los Angeles County with a conditional use permit. Limits hours, establishes distance
requirements and other rules as part of Title 22.56 of the county's planning and zoning
code. The law was replaced in 2010 by a ban on dispensaries.
December 14,
2006
LAPD fact sheet released
Fact sheet details the explosion of medical marijuana dispensaries in the City of Los Angeles,
shows statistics to support the view that the dispensaries increase crime, and recommends a
moratorium on new dispensaries and detailed regulations for existing dispensaries
September 14,
2007
ICO: L.A. Ordinance 179027
Placed a temporary moratorium on the opening of new medical marijuana dispensaries
in the City of Los Angeles. Allows for a hardship exemption.
November 13,
2007
ICO registration deadline
Deadline for dispensary registration under the ICO
August 25,
2008
Brown guidelines released
California State Attorney General Jerry Brown issues guidelines to clarify details of
Senate Bill 420
March 18,
2009
Holder announcement
U.S. Attorney General Eric Holder outlines new federal policy on medical marijuana
dispensary raids
June 24, 2009
ICO amended via L.A.
Ordinance 180749
Eliminates hardship exemption
October 19,
2009
Ogden memo
U.S. Deputy Attorney General David Ogden issues a memo clarifying federal policy on
"investigations and prosecutions" in states that allow medical marijuana
January 26,
2010
L.A. Ordinance 181069 to
regulate medical marijuana
collectives passes
Caps the number of dispensaries in the city at 70. Allows existing dispensaries in excess
of 70 to remain operational provided that they comply with the ICO and abide by new
requirements. Dispensaries must be geographically distributed across L.A. community plan
areas in proportion to the population; must be at least 1,000 feet from "sensitive use"
buildings, such as schools and parks; and must not be located on a lot "abutting, across
the street or alley from, or having a common corner with a residentially zoned area."
March 14,
2010
L.A. Ordinance 181069 takes
effect
Dispensaries that are legally operating have 180 days to meet zoning requirements.
June 7, 2010
L.A. Ordinance 181069,
Chapter IV, Article 5.1, takes
effect
As part of the ordinance, the city shuts down the more than 400 dispensaries that had
not registered by November 13, 2007. Offenders face civil penalties of $2,500 per day
and may receive up to six months in jail. The remaining dispensaries have 180 days to
comply with the new zoning requirements, which, in many cases, means moving.
August 25,
2010
Villaraigosa memo
City states that 128 of the remaining 169 dispensaries must shut down because they
had changes in management, which were precluded under the ICO. City allows these
dispensaries to remain open until the courts can rule on the decision's legality.
November 23,
2010
Los Angeles County and
Orange County approve bans
Both the Los Angeles County Board of Supervisors and the Orange County Board of
Supervisors vote to ban dispensaries in unincorporated parts of their counties.
November 24,
2010
Koretz-Hahn and other
amendments to L.A.
Ordinance 181069
City Council adopts amendments that clarify and effectively loosen the "same
ownership and management" requirements and extend the timeline for full compliance
for "qualifying" dispensaries. Mayor has until December 6, 2010, to decide on the
amendments.
December 10,
2010
Mohr injunction
Los Angeles County Superior Court Judge Anthony J. Mohr grants an injunction that
bars the city from enforcing key aspects of L.A. Ordinance 181069, including closures
based on the moratorium
January 25,
2011
L.A. Ordinance 181530 takes
effect
Amends L.A. Ordinance 181069 to cap the number of dispensaries at 100 among those
continuously operating since September 14, 2007. Allocates permits by lottery.
SOURCES: Brown (2008), California Senate Bill 420 (2003), Compassionate Use Act of 1996, Council of the City of Los Angeles (2007),
Council of the City of Los Angeles (2009), Council of the City of Los Angeles (2010a), Council of the City of Los Angeles (2010b), Council of
the City of Los Angeles (2011), Hoeffel (2010a), Hoeffel (2011b), Hoeffel (2010d), Hoeffel (2010e), Johnston and Lewis (2009), LACityClerk
Connect (undatedlb]), Lagmay (2010), Los Angeles County Department of Regional Planning (2009), Los Angeles Police Department,
Narcotics Division (2006), and United States Department of Justice (2009).
still open illegally, and the LAPD conducted raids on
at least four defiant stores (Rubin and Hoeffel, 2010).20
Another 186 were deemed in compliance and could
apply for permits to remain operational. Of these, 170
dispensaries notified the City Clerk of their intention
to register, even though many would have to move to
meet the new zoning requirements (Guerrero, 2010).
Only 41 were in full compliance with the eligibility
requirements of the new ordinance (Hoeffel, 2010c).21
Most of the other dispensaries failed to meet a
requirement that they have the same ownership and
management as identified in their ICO registration
(Banks, 2010). The City Attorney's Office released
the list of the dispensaries deemed eligible and ineli-
gible but said that it would not close any dispensaries
until the many legal challenges to the ordinance were
resolved (Hoeffel, 2010c; Lagmay, 2010). Efforts were
under way to abolish the continuous management
requirement, which would have allowed a total of
180 dispensaries to remain in operation (Romero,
2010b). However, in January 2011, a Los Angeles
County Superior Court judge issued an injunction
barring the city from enforcing many aspects of the
medical marijuana ordinance, including dispensary
closures based on registration (or lack thereof) at the
time of the moratorium (Hoeffel, 2010c). The judge
suggested that alternative approaches, including
allowing dispensaries to remain open if they could
prove they were in operation on the date the morato-
rium took effect, would be permissible.
To that end, on January 22, 2011, the L.A. City
Council amended its ordinance. It now caps the
number of dispensaries at 100 among those that can
demonstrate continuous operation since September
14, 2007 (Hoeffel, 2011b); 100 permits will be dis-
tributed by lottery. According to the City Clerk's
Office, 228 dispensaries have applied to participate
in the lottery (Hoeffel, 201lc). The date of the lottery
has not yet been determined, as of August 2011. The
city has begun notifying dispensaries that did not
apply to participate in the lottery or cannot demon-
strate continuous operation that they must shut down
(Hoeffel, 2011c). However, the legality of the lottery
is already being challenged (Hoeffel, 2011d).
Evaluating the Dispensary -Crime
Connection
One of the principal reasons behind the city's effort
(and similar efforts in other jurisdictions) to limit
ZOSome stores simply removed their inventory, awaiting legal challenges.
See Guerrero (2010) for details.
"See Los Angeles Municipal Code Section 45.19.6.2.B.2 for the full set of
requirements (available at Council of the City of Los Angeles [20104.
-10-
dispensaries is the presumed connection to crime.
Residents neighboring dispensaries complain about
crime and other quality of life concerns (Romero,
2010c). In Los Angeles, increased crime around dis-
pensaries was explicitly cited as a reason that the City
Council decided to restrict dispensaries -22 Los Ange-
les County Sheriff Lee Baca has publically stated that
dispensaries have been "hijacked" by criminals and
have become crime targets (Winton, 2010). Countless
media outlets have reported this claim.23 But despite
its plausibility, we know of no systematic evaluation
of the claim that dispensaries themselves attract or
cause crime.
To fill the gap in our knowledge, we use the
first round of dispensary closures in the City of Los
Angeles to assess the impact of dispensaries on crime.
Figure 1 shows the geographic distribution of medi-
cal marijuana dispensaries by closure status. For
each dispensary, we collected data on the number of
crimes (overall and by type) reported per block in
the City of Los Angeles and surrounding communi-
ties, such as Hollywood, Beverly Hills, and unin-
corporated areas of Los Angeles County. Data were
extracted from CrimeReports (undated), an online
software mapping tool that allows law enforcement
agencies to spatially analyze their crime data and
share these data with the public.
According to CrimeReports, its software is used
by more than 700 law enforcement agencies across
North America. During our study period, the LAPD
subscribed to this service, allowing us to extract data
on crimes by type, day, and city block. The LAPD
no longer uses CrimeReports, possibly because it is
launching its own mapping system.24 During our time
period, we compared the data from CrimeReports
with those publically available through the LAPD's
website. The data correspond very closely. However,
the data provided by the LAPD are only available
for four crime categories (versus 13 categories from
CrimeReports) and are not available for jurisdictions
that neighbor the City of Los Angeles.
Importantly, the CrimeReports data capture
reported offenses or incidents rather than arrests.
This distinction is important for several reasons.
First, arrests typically undercount crime, since many
incidents, even those in which an offender is appre-
hended, do not result in processed arrests. Second,
"See rhe fifth paragraph of Ordinance 181069 (Council of the City of Los
Angeles, 2010a).
Examples abound. See Del Barco (2010), which asserts that "[s)ome of
the city's marijuana dispensaries have become magnets for criminals want-
ing cash and pot, and even the site of murders, including a recent triple
homicide."
"See Los Angeles Police Department (2011).
Figure 1
Geographic Distribution of Medical Marijuana Dispensaries in Los Angeles as of June 7, 2010
• •
• •
t
Marijuana
dispensaries
• Closed
♦ Open
the potential lag between the commission of a crime
and an arrest means that a long time horizon is
required to link arrests back to the period around the
closures. Third, arrest data typically do not contain
precise -enough geographic information to link an
incident to an exact city block.
For this preliminary analysis, we used crime data
for the ten days prior to and ten days following the
June 7, 2010, closures of dispensaries. We combined
these data with information from the Los Angeles City
Attorney's Office on the exact locations of dispensaries
that were either subject to closure or allowed to remain
open. We analyzed crime reports within 0.3, 0.6, 1.5,
and 3 miles of dispensaries that closed relative to those
that remained open.25 In total, our dataset includes 21
days of crime reports for 600 dispensaries; 170 of these
dispensaries were allowed to remain open, and 430
were ordered to close.
Table 5 presents basic summary statistics on our
main outcomes: total daily crimes reported, as well as
thefts, breaking and entering incidents, and assaults.
We chose these categories of crimes because they are
the most common. In Table A.1 we show the dif-
ference in pre -closure crime counts for dispensaries
allowed to remain open relative to those ordered to
close. In general, with a few exceptions, the differ-
ences arc small and not statistically distinguishable
Table 5
Summary Statistics: Average Number of Crimes
Surrounding Dispensaries per 100 Days
Crime Type
Radius Around Dispensary
0.3
Miles
0.6
Miles
1.5
Miles
3
Miles
Total crimes
2.2
7.0
43.5
133
Theft
1.3
3.9
21.9
62.2
Breaking
and entering
0.4
1.2
7.5
20.8
Assault
0.2
0.9
6.9
23.7
Observations
12,600
12,600
12,600
12,600
NOTES: Data are from CrimeReports (undated) for
May 28, 2010, through June 17, 2010. Data for these
21 days cover the areas surrounding 600 dispensaries,
430 that were subject to closure on June 7, 2010, and
170 that were allowed to remain open. A few (nine)
dispensaries are not included because of a lack of
coverage by CrimeReports. Theft includes general
theft, theft from a vehicle, and theft of a vehicle.
Assault includes assault with a deadly weapon. Other
crime categories include homicide, robbery, sexual
offense, "other," quality of life, and traffic.
"The radii calculations used here are not corrected for the curvature of
the earth. Chang and Jacobson (2011) find very similar results when this
correction is made.
— 12 —
from zero. This suggests that open dispensaries may
serve as a reasonable control group for those ordered
to close, although our empirical analysis will rely on
comparability in crime trends rather than levels.
We estimated the effect of dispensaries on crime
in a simple difference -in -differences framework,
comparing changes in daily crimc reports within the
specified areas around dispensaries that closed rela-
tive to those that remained open. More specifically,
we run an Ordinary Least Squares (OLS) regression
of the following basic form (Equation 1):
Crimea,= ad+li1(date> june7)*1(closed)+S,+ed„ (1)
where Crime is the number of crimes within a given
radius of dispensary d on day t, ad is a dispensary
fixed effect, and S, are fixed effects for the exact date.
We include an interaction between 1(date > june 7),
an indicator for dates after the June 7, 2010, closures,
and 1(closed), an indicator for dispensary closure
status, as determined by city orders. The main post—
June 7, 2010, and closure indicators are subsumed
in the dispensary and date fixed effects. All standard
errors allow for serial correlation of an arbitrary
structure (i.e., they are clustered) at the dispensary
level. Our main coefficient of interest is J3, which
captures the change in crime around dispensaries
that closed relative to those that remained open.26
The identifying assumption in the difference -
in -differences framework is that crime in the areas
around dispensaries subject to closure is similar to
that in the areas around dispensaries allowed to
remain open. Because we arc focusing on such a
small time window around the city's closure dead-
line, this assumption may not be unreasonable. How-
ever, the narrow window comes with the drawback
that we cannot make any claims about the long-term
changes associated with dispensary closures.
Our primary results arc presented in Table 6. The
difference -in -differences estimates indicate that crime
actually increases in the neighborhood (0.3 to 0.6 of
a mile) around dispensaries that closed compared
with those that remained open.27 Specifically, we
find that total crime increases by about 60 percent
'Since dispensaries rend to cluster (see Figure 1 and also Figure 2, which
zooms into the neighborhood of Venice), a given radius may capture
crime around both closed and open dispensaries. This is problematic for
the empirical strategy only if the clustering is by closure status. Chang
and Jacobson (201 I.) show that clustering is independent of closure status,
meaning that the likelihood that a closed dispensary is near another closed
dispensary is the same as the likelihood that an open dispensary is near a
dosed dispensary. In this case, clustering may reduce power and decrease
the precision of our estimates. Assuming that the effect of closure clustering
does not have multiplicative effects, it will generate a lower bound estimate
of the true effect of closures nn crime. This type of power issue should
diminish with distance around the dispensary, since the contribution of
any cluster to the radius will be reduced.
'Table 7 reports the results of Table 5 (including confidence intervals) in
percentage terns.
- 13 -
Table 6
Average Increase in Daily Crime Reports Associated with Closures, with Confidence Intervals
Crime Type
Radius Around Dispensary
0.3 Miles
0.6 Miles
1.5 Miles
3 Miles
Total crimes
0.013
0.017
0.005
0.012
(0.006)
(0.008)
(0.020)
(0.034)
59%
24%
1.1%
0.9%
[5.4%, 114%]
[0.4%, 47%]
1-8%, 10%]
[-4.2%, 6%]
Theft
0.006
0.006
0.015
-0.017
(0.006)
(0.006)
(0.016)
(0.026)
46%
15%
6.8%
-2.7%
[-0.01%, 77%]
[-13%, 46%]
[-7.7%, 21%]
[-10.7%, 5.4%]
Breaking and
0.006
0.007
-0.003
0.001
entering
(0.003)
(0.004)
(0.009)
(0.013)
150%
58%
-4%
0.4%
[-5%, 275%1
[-5%, 125%]
[-27%, 18.6%]
[-12%, 13%]
Assault
0.003
0.008
0.004
0.0001
(0.002)
(0.003)
(0.010)
(0.019)
150%
89%
5.8%
0.042%
[-7.5%, 400%1
[13%, 166%]
[-22%, 34.7%1
(-15%, 16%]
Observations
12,600
12,600
12,600
12,600
NOTES: Data are from CrimeReports (undated) for May 28, 2010, through June 17, 2010, for areas of the specified
distance surrounding dispensaries. We have 21 days of data for 600 dispensaries; 430 were ordered to close,
and 170 were allowed to remain open. Each cell represents a separate regression. The first entry in each cell is
the coefficient on [3 from Equation 1 and represents the change in crimes post -closure. All regressions include
date fixed effects and dispensary fixed effects. Standard errors are clustered at the dispensary level and given in
parentheses. We also present the percentage change in crime that this estimate represents, relative to the mean
crime count, and the 95 -percent confidence intervals expressed as a percentage in brackets.
within 0-3 miles of a closure relative to 0.3 miles
around an open dispensary." The effect diminishes
with distance: Within 0.6 miles the increase is about
25 percent, and by 1.5 miles out there is no percep-
tible change in crime. The effects are concentrated
on crimes, such as assault and breaking and entering,
that may be particularly sensitive to the presence of
security. Incidents of breaking and entering increase
by about 50 percent within four blocks, and assaults
increase by about 90 percent after the dispensaries
are closed. While these results are statistically sig-
nificant and imply very large increases in crime, our
confidence intervals are quite wide, so the estimated
increase should be interpreted with some caution.29
We performed several sensitivity analyses and
robustness checks (shown in the appendix). First, to
test the sensitivity of our results to specifying crime
in levels, we estimated models that analyze the log of
"The 60 percent figure is calculated by dividing the mean change in total
crimes post -closure. 0.013, from Table 5 by the mean of 0.022 tutal daily
crimes within 0.3 miles reported in Table 4.
Although these effects seem large, work on the effects of drug enforce-
ment on crime often finds very large effects. For example, Miron (1999)
finds that a 1 -percent increase in drug enforcement expenditures or pro-
jected expenditures is associated with increases in the homicide rate on the
order of 25 to 50 percent, relative to the maximum value of the homicide
rate in the sample (rather than the mean, as we use here).
crime plus 0.1; we add 0.1 because in small -enough
areas or categories, there arc no crimes, and thus the
log is not defined. Results from this specification (in
Table A.2) are qualitatively similar, though they sug-
gest small percentage increases.30 Second, because
neighborhoods around dispensaries that remain open
and those that dose may differ even prior to the clo-
sures, we replicated our analysis on the sample of dis-
pensaries from zip codes in which some dispensaries
were allowed to remain open and others were subject
to closure. Results from this "matched" sample (pro-
vided in Table A.3) are qualitatively similar, although
they are slightly larger and more precisely estimated
for both total crime counts and breaking and enter-
ing. Finally, we replicated our analysis on the main
sample but recode as open those dispensaries that,
according to reports from the Los Angeles Times and
LA Weekly, remained open even though they were
ordered to close.31 Accounting for these defiant dis-
"'A preferred model for crime counts might be a Poisson or negative bi-
nomial regression. However, because of the sparseness of the data at small
distances (e.g., 0.3 or 0.6 miles). these models often cannot he solved (i.e.,
they do not converge). Where they do converge, the percentage change in
crime is quite similar to the implied effects from our main specification
in Table 6.
" Defiant dispensaries were identified based on the following reports:
Ruhin and Hoeffel (2010) and Wei and Romero (2010).
pensaries yields results (provided in Table A.4) that
are again qualitatively similar, although they are
slightly larger and/or more precisely estimated for
total crime counts, theft, and breaking and entering.
We note that these findings are based on data
collected around a relatively small window (ten days)
before and after the closing of the dispensaries.
Discussion: Why Would Crime Decrease
After Dispensary Closings?
In the previous section, we demonstrated that the
closing of marijuana dispensaries in Los Angeles
was associated with a rather immediate and sharp
increase in total crime and in theft, breaking and
entering, and assault. Given the conventional associa-
tion between drug markets and crime, these findings
are surprising. Here we offer a handful of possible
explanations and suggestions for future research
First, marijuana dispensaries in operation may have
reduced crime by providing additional on-site secu-
rity. California regulations require that dispensaries
ensure adequate security. As a result of the value of
marijuana and the cash necessary to run a dispensary,
many dispensaries employ security services, in some
cases around the clock. These security services may
reduce crime in the immediate neighborhood, partic-
ularly such crimes as breaking and entering and rob-
bery, which may respond more to formal and infor-
mal observation. Such an effect has been observed
in studies of business improvement districts that pay
for security services in neighborhoods in Los Angeles
(Brooks, 2008; Cook and MacDonald, 2011). Future
research might test this hypothesis by determining
the extent of security that the various dispensaries
employed to see if that had an effect on the reduction.
Second, operating marijuana dispensaries may
reduce crime by increasing local foot traffic and "eyes
on the street." Many of the marijuana dispensaries
operated with extended hours. "These extended hours
may have brought more foot traffic to the neighbor-
hood, which may, in turn, have deterred the "dark
alley" crimes that were associated with a closing of the
dispensaries. This may have interacted with the secu-
rity explanation, if the dispensaries provided guards
visible on the street to protect their customers. This
hypothesis might be tested by comparing the effect of
the dispensary closures with some other category of
store closure—perhaps pharmacies, which have some-
what similar issues, or other retail operations. Such a
comparison might test whether there is an effect spe-
cific to marijuana dispensaries or whether closing any
retail establishment increases local crime. On the other
hand, such comparisons are imperfect because closures
in these cases might result from a declining neighhor-
-14-
hood or bad economy—factors that would have an
independent effect on crime. An alternative approach
we are currently pursuing is to assess whether closure
effects differ according to the population or retail den-
sity around a dispensary. If the increase in crime is due
primarily to reduced traffic, then these effects should
be larger in less -trafficked areas.
Third, thc effect may be tied to the drug trade.
Closing dispensaries does not eliminate the demand
for marijuana. To the extent that illicit suppliers try
to move in to fill the new void, this could generate
other crime. Our data cover reported crimes and
not arrests, and, since drug crimes are vastly under-
reported, we cannot observe a change in illicit drug
sales in our data. However, this hypothesis may be
testable with data on drug arrests or on the source of
drug purchases.
Fourth, the effect may be explained by police pres-
ence. If police anticipated higher crime connected
with marijuana dispensaries, they may have patrolled
the areas around dispensaries more intensively,
thereby reducing street crime. Once the dispensaries
were closed, they may have reduced police presence,
and crime may have returned to pre -dispensary lev-
els. In this case, the real causal factor is the effect
that dispensaries have on police practices, rather than
any effect of the dispensaries per se. One could test
this hypothesis by obtaining data about LAPD ser-
vice allocation and arrest records to see if areas with
dispensaries were targeted more intensively.
Fifth, the effect might be explained by some other
police -related efforts in connection with the efforts to
close thc clinics. Perhaps the police stepped up local
enforcement efforts in order to encourage dispen-
saries to close. Once the clinics closed, police went
elsewhere and crime surged. To test this hypothesis,
one could examine crime data during a larger win-
dow around the closing of the clinics. this would
allow us to see if the estimated effect persists over a
longer period. In ongoing work, we are extending the
window around the closures to include several weeks
before and after June 7, 2010.
Conclusion
The vast majority of Americans favor legalizing mari-
juana for medical purposes. Activists have harnessed
this support to pass medical marijuana laws in 16
states and the District of Columbia, and more states
are likely to follow.
Since the first medical marijuana law was passed
by California in 1996, states have focused increas-
ingly on how to regulate the supply side of this mar-
ket. These efforts respond in part to thriving retail
medical marijuana dispensaries in such cities as Los
Figure 2
Geographic Distribution of Medical Marijuana Dispensaries in Venice, California, as of June 7, 2010
Santa Monica
•
•
Marijuana
dispensaries
• Closed
♦ Open
•
•
•• •
•
•
•
Mar Vista
Marina Del Rey
•
Angeles and the presumed crime and quality of life
problems thcy bring with them.
However, state efforts w regulate and, in some
cases, institutionalize medical marijuana manufactur-
ing and distribution have met with warnings from
DOJ. Many have scaled back their efforts or aban-
doned their efforts altogether.
This recent turn of events suggests that local
approaches to regulating marijuana may proliferate
nationwide, as they do in California. Localities will
consider whether to ban dispensaries and, if not,
whether and how to control their numbers. This
project provides some empirical evidence to guide
policymakers by presenting a case study of the City
of Los Angeles and its effort to control the distribu-
tion of medical marijuana.
As part of the case study, we use Los Angeles's
experience ordering the close of hundreds of dispen-
saries to test the commonly held belief that medical
- 16 -
marijuana dispensaries increase local crime. Con-
trary to conventional wisdom, press accounts, and
some statements by law enforcement, our analysis
suggests that the closing of the medical marijuana
dispensaries is associated with an increase—rather
than the expected decrease—in local crime in a
short-term ten-day period. Overall crime increased
almost 60 percent in the blocks surrounding closed
clinics in the ten days following their closing. We
offer a variety of plausible hypotheses to explain this
finding. Further research is necessary to determine
whether the effect is truly the result of marijuana dis-
pensaries preventing crime in the local neighborhood.
Although the current study cannot offer a definitive
answer as to why crime increased around closed dis-
pensaries, it should give jurisdictions reason to ques-
tion the commonly held view that dispensaries attract
and even cause crime in their neighborhoods. ■
- 17 -
Appendix
Table A.1
Pre -Closure Difference in Crime Counts Around Dispensaries Allowed to Remain Open and
Ordered to Close
Ln(Crime Type)
Radius Around Dispensary
0.3 Miles
0.6 Miles
1.5 Miles
3 Miles
Total crimes
0.004
-0.005
-0.088
-0.017
(0.005)
(0.011)
(0.032)
(0.074)
[0.026]
[0.068]
[0.371]
[1.35]
Theft
0.001
0.001
0.021
0.035
(0.004)
(0.008)
(0.017)
(0.032)
[0.013]
[0.042]
[0.198]
[0.648]
Breaking and
0.004
0.0001
-0.016
-0.005
entering
(0.002)
(0.003)
(0.008)
(0.016)
[0.08]
[0.013]
[0.065]
[0.220]
Assault
0.0016
-0.002
0.016
0.021
(0.0014)
(0.003)
(0.009)
(0.018)
[0.004]
[0.008]
[0.056]
[0.253]
Observations
6,600
6,600
6,600
6,600
NOTES: Data are from CrimeReports (undated) for May 28, 2010, through June 6, 2010, for areas of the specified
distance surrounding dispensaries. Each cell represents a separate regression. The first number in each cell is
the mean difference for open dispensaries minus closed dispensaries. The standard error on the difference is in
parentheses. The mean crime count for dispensaries allowed to remain open is given in brackets.
Table A.2
Sensitivity Analysis: Log Crime Specification and Average Percentage Increase in Daily Crime Reports
Associated with Closures
Ln(Crime Type)
Radius Around Dispensary
0.3 Miles
0.6 Miles
1.5 Miles
3 Miles
Total crimes
2.14
2.51
1.16
0.25
(1.12)
(1.46)
(2.64)
(2.97)
(-0.075, 4.35]
[-0.36, 5.39]
[-4.03, 6.35]
[-6.09, 5.58]
Theft
0.32
0.41
0.49
-1.12
(0.61)
(0.99)
(2.13)
(2.60)
[-0.87, 1.51]
[-1.54, 2.36]
(-3.70, 4.68]
[-6.23, 3.98]
Breaking and
1.19
1.50
-0.36
3.73
entering
(0.60)
(0.82)
(1.56)
(2.29)
[0.01, 2.36]
[-0.11,0.31]
[-3.42, 2.71]
[-0.78, 8.24]
Assault
0.82
1.11
-0.29
1.83
(0.58)
(0.69)
(1.50)
(2.23)
[-0.33, 1.96]
[-0.23, 2.45]
[-3.23, 2.65]
[-2.56, 6.21]
Observations
12,600
12,600
12,600
12,600
NOTES: Data are from CrimeReports (undated) for May 28, 2010, through June 17, 2010, for areas of the specified
distance surrounding dispensaries. Each cell represents a separate regression. The first entry in each cell is the
coefficient on )3 from Equation 1 with log(crime + 0.1) as the dependent variable and represents the change in
crimes post -closure. All regressions include date fixed effects and dispensary fixed effects. Standard errors are
clustered at the dispensary level and given in parentheses; 95 -percent confidence intervals are given in brackets.
Table A.3
Sensitivity Analysis of the Average Increase in Daily Crime Associated with Closures: Restricting to
Areas with Both Open and Closed Dispensaries
Crime Type
Radius Around Dispensary
0.3 Miles
0.6 Miles
1.5 Miles
3 Miles
Total crimes
0.015
0.020
0.014
0.016
(0.006)
(0.009)
(0.019)
(0.030)
[0.0029, 0.028]
[0.003, 0.037]
[-0.024, 0.052]
[-0.044, 0.076]
Theft
0.005
0.009
0.014
-0.016
(0.004)
(0.006)
(0.016)
(0.026)
[-0.002, 0.011]
(-0.003, 0.021]
[-0.019, 0.046]
[-0.067, 0.035]
Breaking and
0.007
0.011
0.007
0.020
entering
(0.003)
(0.004)
(0.008)
(0.013)
[0.0007, 0.013]
[0.003, 0.019]
[-0.009, 0.024]
[-0.0047, 0.045]
Assault
0.004
0.003
0.011
0.005
(0.003)
(0.003)
(0.009)
(0.019)
[-0.0012, 0.0089]
[-0.002, 0.009]
[-0.008, 0.029]
[-0.033, 0.042]
Ln(Total crimes)
2.56
3.06
3.27
1.98
(1.15)
(1.45)
(2.45)
(3.06)
[0.30, 4.82]
[0.20, 5.91]
[-1.16, 8.61]
[-4.03, 7.99]
Ln(Theft)
0.32
0.98
1.00
-0.86
(0.61)
(1.01)
(1.90)
(2.63)
[-0.87, 1.52]
[-1.00, 2.96]
[-2.73, 4.73]
[-6.01, 4.29]
Ln(Breaking and
1.47
2.29
0.85
5.06
entering)
(0.63)
(0.85)
(1.48)
(2.16)
[0.22, 2.71]
[0.62, 3.96]
[2.05, 3.75]
[0.82, 9.31]
Ln(Assault)
0.92
0.84
1.11
2.35
(0.62)
(0.68)
(1.44)
(2.20)
[-0.30, 2.13]
[-0.50, 2.17]
[-1.71, 3.94]
[-1.96, 6.66]
Observations
11,046
11,046
11,046
11,046
NOTES: Sample is restricted to 526 dispensaries located in zip codes that have both dispensaries that were subject
to closure and dispensaries that were allowed to remain open. Data are from CrimeReports (undated) for May
28, 2010, through June 17, 2010, for areas of the specified distance surrounding dispensaries. Each cell represents
a separate regression. The first entry in each cell is the coefficient on li from Equation 1 and represents the
change in crimes post -closure. All regressions include date fixed effects and dispensary fixed effects. Standard
errors are clustered at the dispensary level and given in parentheses. Confidence intervals at the 95 -percent level
for the estimate are provided in brackets.
19
Table A.4
The Average Increase in Daily Crime Reports Associated with Closures: Coding Known Defiant
Dispensaries as Open
Crime Type
Radius Around Dispensary
0.3 Miles
0.6 Miles
1.5 Miles
3 Miles
Total crimes
0.014
0.021
-0.001
0.025
(0.006)
(0.008)
(0.020)
(0.033)
[0.002, 0.025]
[0.005, 0.038]
[-0.040, 0.038]
[-0.040, 0.090]
Theft
0.006
0.010
0.016
-0.006
(0.003)
(0.006)
(0.016)
(0.026)
[-0.001, 0.013]
[-0.002, 0.022]
[-0.015, 0.047]
[-0.056, 0.043]
Breaking and
0.005
0.008
-0.004
0.002
entering
(0.003)
(0.004)
(0.009)
(0.013)
[-0.0003, 0.011]
[0.001, 0.016]
[-0.021, 0.012]
[-0.023, 0.028]
Assault
0.003
0.008
0.001
0.004
(0.002)
(0.003)
(0.010)
(0.019)
[-0.0015, 0.008]
[0.0011, 0.0141
[-0.018, 0.020]
[-0.033, 0.042]
Observations
12,600
12,600
12,600
12,600
NOTES: Data are from CrimeReports (undated) for May 28, 2010, through June 17, 2010, for areas of the specified
distance surrounding dispensaries. Each cell represents a separate regression. Four defiant dispensaries were
identified from the Los Angeles Times report on LAPD raids and another four from an LA Weekly report -
see Rubin and Hoeffel (2010) and Romero and Wei (2010). The first entry in each cell is the coefficient on (i
from Equation 1 and represents the change in crimes post -closure. All regressions include date fixed effects
and dispensary fixed effects. Standard errors are clustered at the dispensary level and given in parentheses;
95 -percent confidence intervals are given in brackets.
Bibliography
Americans for Safe Access, list of local California
dispensary regulations, Oakland, Calif., 2011. As of
August 3, 2011:
http://www.safeaccessnow.org/downloads/Moratoria-
Ban-Ordinance.pdf
Arizona Medical Marijuana Act, Initiative Amending
Title 36, May 15, 2009. As of August 3, 2011:
http://www.azsos.gov/election/2010/general/
ballotmeasuretext/ I-04-2010. pdf
Associated Press, "N.J. Medical Marijuana
Dispensaries Have Strong Ties to Traditional
Medicine, Strict Regulations," NJ.com, April 2,
2011a. As of August 3, 2011:
http://www.nj.com/news/index.ssf/2011/04/
nj_medical_marijuana_dispensar.html
, "House and Senate OK Marijuana Bill in
Initial Votes," Bozeman Daily Chronicle, April 26,
2011b. As of August 3, 2011:
http://www.bozemandailychronicle.com/news/
state_govern ment/article_dc327650-7041-11e0-8778-
001cc4c002e0.html
Banks, Sandy, "Some Compassionate Pot Shops
Caught in L.A. Law's Red Tape," Los Angeles Times,
October 19, 2010. As of August 3, 2011:
http://articles.latimes.com/2010/oct/19/local/
la -me -banks -20101019
Blum, Justin, "Medical Marijuana Policy Eased by
Justice Department (Update3)," Bloomberg News,
October 19, 2009. As of August 3, 2011:
http://www.bloomberg.com/apps/news?pid=
n ewsa rch i ve& s i d= aV T H S TO T M WeE
Bratton, William J., "Report on Facilities That
Distribute Medical Marijuana Within the City of
Los Angeles," Los Angeles, Calif., July 27, 2005. As
of August 3, 2011:
http://clkrep.lacity.org/onlinedocs/2005/05-0872_
rpt_lapd_7-27-05.pdf
Brooks, Leah, "Volunteering to Be Taxed: Business
Improvement Districts and the Extra -Governmental
Provision of Public Safety," journal of Public Economics,
Vol. 92, Issues 1-2, February 2008, pp. 388-406.
Brown, Edmund G., Guidelines for the Security and
Non -Diversion of Marijuana Grown for Medical Use,
State of California, Department of Justice, 2008.
As of August 3, 2011:
http://ag.ca.gov/cms_attachments/press/pdfs/n1601_
medicalmarijuanaguidelines.pdf
Burke, Anita, "Dispensaries Will Further Abuse,
Police Believe," Mail Tribune, October 4, 2010. As of
August 3, 2011:
http://www.mailtribune.com/apps/pbcs.dll/
article?AID=/20101004/NEWS/ 10040305
- 20 -
Burke, Dennis K., "Re: Arizona Medical Marijuana
Program," Phoenix, Az., May 2, 2011. As of August
3, 2011:
http: //www. azcentral.com/ic/pdf/0502us-attorney-
arizona-medical-pot.pdf
California Senate Bill 420, The Medical Marijuana
Program Act, October 12, 2003. As of August 3, 2011:
http:/linfo.sen.ca.gov/pub/03-04/bill/sen/sb_0401-
0450/sb_420_bill_20031012_chaptered. h tm l
Campanile, Carl, "Prosecutor Whacks Weed," New
York Post, June 17, 2010. As of August 3, 2011:
http://www.nypost.com/p/news/local/prosecutor_
whacks_weed_pq jmrghSmybvhcOlYO2p rN
Carpenter, Eric, "Judge: Anaheim Can Ban Medical
Pot Shops," The Orange County Register, August 22,
2011. As of August 24, 2011:
http://www.ocregister.com/news/anaheim-313305-
law-court.html
Chang, Tom, and Mireille Jacobson, "Going to Pot:
The Impact of Medical Marijuana Dispensaries on
Crime," unpublished manuscript, 2011.
City and County of San Francisco Planning
Department, "Background Information for Potential
Operators of Medical Cannabis Dispensaries," San
Francisco, Calif., undated. As of August 3, 2011:
http://www.sf-planning.org/Modules/ShowDocument.
aspx?documentid=525
City Council of the City of West Hollywood,
Ordinance No. 07-743, An Ordinance of the City of
West Hollywood Approving Zone Text Amendment
2006-010 and Amending Title 19 (Zoning
Ordinance) and Title 7 (Health) Regarding Medical
Marijuana Dispensaries, February 5, 2007. As of
August 3, 2011:
http://calpotnews.com/wp-content/uploads/2010/
02/07-743.pdf
Cohen, Marsha N., "Breaking the Federal/State
Impasse over Medical Marijuana: A Proposal,"
Hastings Women's Law journal, Vol. 11, No. 1, 2000,
pp. 59-74.
The Compassionate Use Act of 1996, California
Proposition 215, November 5, 1996. As of August 18,
2011:
http://www.cdph.ca.gov/programs/MMP/Pages/
CompassionateUseact.aspx
Conant v Walters, 309 F. 3d 629 (9th Cir. 2002),
cert. denied, 540 U.S. 946 (2003).
Cook, Philip J., and John MacDonald, "Public Safety
Through Private Action: An Economic Assessment
of BIDS," The Economic journal, Vol. 121, Issue 552,
May 2011, pp. 445-462
Cote, John, "Marijuana Hotspots vs. Starbucks—
Who Wins?" City Insider, sfgate.com, November 17,
2008. As of August 3, 2011:
http://www.sfgate.com/cgi-bin/blogs/cityinsicler/
detail?entry_id=32650
-21-
Council
21_
Council of the City of Los Angeles, Ordinance
179027, An Interim Control Ordinance Temporarily
Prohibiting the Opening of Any New Medical
Marijuana Dispensaries, August 10, 2007. As of
August 3, 2011:
http://c1krep.lacity.org/onlinedocs/2005/05-0872-sl_
ord_179027.pdf
, Ordinance 180749, June 22, 2009. As of
August 3, 2011:
http://cIkrep.lacity.org/onlinedocs/2009/09-0964_
ord_180749.pdf
, Ordinance 181069, February 3, 2010a. As of
August 3, 2011:
http://c1krep.lacity.org/onlinedocs/2008/08-0923_
ord_181069.pdf
, Amending Regulations Regarding Medical
Marijuana Collectives, Council File Number
08-0923-S7, November 24, 2010b. As of August 4,
2011:
http://clkrep.lacity.org/onlinedocs/2008/08-0923-S7
ca_l l-24-10.pdf
, Ordinance 181530, January 25, 2011. As of
August 4, 2011:
http://cIkreplacity.org/onlinedocs/2008/08-0923-s7_
ord_181530.pdf
Council of the District of Columbia, Legalization of
Marijuana for Medical Treatment Amendment Act of
2010, 2010. As of August 3, 2011:
http://mcdicalmarijuana.procon.org/sourcefiles/
DCMJLawMay2010.pdf
CrimeReports, homepage, undated. As of August 3,
2011:
https://www.crimereports.com
Curtius, Mary, and Nona Yates, "Cannabis Buyer's
Club Founder Arrested," Los Angeles Times, October
12, 1996. As of August 3, 2011:
http://articics.latimes.com/1996-10-12/news/
m n-53188 _ 1 _can nahis-buyers-club/2
Davenport, Paul, "Arizona Medical Marijuana Law:
State Sues U.S. Justice Department," Huffington Post,
May 27, 2011. As of August 3, 2011:
http://www.huffingtonpost.com/2011/05/27/arizona-
medical-marijuana-law_n_868357.html
Del Barco, Mandalit, "How Many L.A. Pot Clinics
Will Survive Crackdown?" All Things Considered,
National Public Radio, September 28, 2010. As of
August 3, 2011:
http://www.npr.org/templates/story/story.php?
storyld=130186398
Delaware Code, Title 16, Health and Safety,
Food and Drugs, Chapter 49A, Delaware Medical
Marijuana Act, effective July 1, 2011. As of August
4, 2011:
http://delcode.delaware.gov/title16/c049a/index.shtml
Delaware State Senate, 146th General Assembly,
Senate Bill No. 17, An Act to Amend Title 16 of
the Delaware Code Creating the Delaware Medical
Marijuana Act, May 13, 2011. As of August 3, 2011:
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/
SB+17/$file/legis.html
Delgadillo, Rockard J., "Report re: Legal Issues
Surrounding Medical Marijuana Dispensaries," Los
Angeles, Calif., October 19, 2006. As of August 3,
2011:
http://clkrep.lacity.org/onlinedocs/2005/05-0872_
rpt_atty_10-19-06.pdf
Doherty, Brian, "L.A: s Pot Revolution," Reason, May
2010. As of August 3, 2011:
http://reason.com/archives/2010/04/12/las-pot-
revolution
Fields, Gary, and Justin Scheck, "U.S. Mellows on
Medical Marijuana," Wall Street Journal, October 20,
2009. As of August 3, 2011:
http://online.wsj.com/article/SB125595221988793895.
html
General Assembly of the State of Colorado,
"Colorado Medical Marijuana Code," House Bill
10-1284, June 7, 2010. As of August 3, 2011:
http://www.cdphe.state.co.us/hs/medicalmarijuana/
1284_enr.pdf
General Assembly of the State of Vermont, No.
65, An Act Relating to Registering Four Nonprofit
Organizations to Dispense Marijuana for Symptom
Relief, June 2, 2011. As of August 3, 2011:
http://www.leg.state.vt.us/docs/2012/Acts/ACT065.pdf
Goldberg, Carey, "Marijuana Club Helps Those in
Pain," New York Times, February 26, 1996. As of
August 3, 2011:
http://www.nytimes.com/ 1996/02/25/us/marijuana-
club-helps-those-in-pain. h tml
Gonzales v Raich, 545 U.S. 1 (2005).
Gorman, Dennis M., Paul W. Speer, Erich W.
Labouvie, and A. P. Subaiya, "Risk of Assaultive
Violence and Alcohol Availability in New Jersey,"
American Journal of Public Health, Vol. 88, No. 1,
1998, pp. 97-100.
Grinspoon, Lester, and James B. Bakalar, Marijuana,
the Forbidden Medicine, New Haven, Conn.: Yale
University Press, 1993.
Guerrero, Jean, "Marijuana Dispensaries Resist L.A.
Crackdown," Wall Street Journal, June 19, 2010.
Hall, Megan, "Buzz Kill: Federal Warnings Hit
Medical Pot Boom," NPR Weekend Edition
Saturday, 2011.
Hallenbeck, Terri, "U.S. Prosecutor Issues Vermont
Pot Dispensary Warning," Burlington Free Press, May
5, 2011. As of August 4, 2011:
http://www.burlingtonfreepress.com/
article/20110505/NEWS03/ 105050302/U -S -
prosecutor -issues -Vermont -pot -dispensary -warning
Harris, Gardiner, "Researchers Find Study of
Medical Marijuana Discouraged," New York Times,
January 18, 2010. As of August 3, 2011:
http://www.nytimes.com/2010/01/19/health/policy/
19marijuana.html
Harrison, David, "The Buying and Selling of Legal
Marijuana," Stateline, September 9, 2010. As of
August 3, 2011:
http://www.stateline.org/live/details/story?
contentId=511628
Hirschfeld, Peter, "Senate Sidelines Pot Dispensary
Bill," Times Argus, April 2, 2010.
Hoaken, Peter N. S., and Sherry H. Stewart. "Drugs
of Abuse and the Elicitation of Human Aggressive
Behavior," Addictive Behaviors, Vol. 28, No. 9, 2003,
pp. 1533-1554.
Hoeffel, John, "LA's Medical Pot Dispensary
Moratorium Led to a Boom Instead," Los Angeles
Times, June 3, 2009a. As of August 3, 2011:
http://articles.latimes.com/2009/jun/03/local/
me-medical-marijuana3
, "California: A Medical Marijuana Success
Story: West Hollywood Enforces a Strict Ordinance
and Eliminates the Drama That Plagues L.A.," Los
Angeles Times, November 15, 2009b. As of August 3,
2011:
http://articlesiatimes.com/2009/nov/16/local/
me-weho-marijuanal6
, "Move It, Bud, Pot Outlets Are Told," Los
Angeles Times, June 7, 2010a. As of August 3, 2011:
http://articles.latimes.com/2010/ jun/07llocal/la-me-
pot-shutdown-20100607
, "Pot Ruling Avoids Key Decision," Los
Angeles Times, August 19, 2010b.
- "L.A. Finds Only a Quarter of Registered
Pot Dispensaries Eligible to Stay Open," Los Angeles
Times, August 26, 2010c. As of August 3, 2011:
http://articles.latimes. com/2010/aug/26/local/la-me-
0826-pot-dispensaries-20100826
- "L.A. Strictly Interprets Restriction on Pot
Dispensaries," Los Angeles Times, August 29, 2010d.
As of August 4, 2011:
http://articles.latimes.com/2010/aug/29/local/la-me-
pot-dispensaries-20100829
, "Judge Issues Injunction Against L.A.'s
Medical Marijuana Law," Los Angeles Times,
December 11, 2010e. As of August 4, 2011:
http://articles.latimes.com/2010/dec/ 11/local/la-me-
1211-marijuana-dispensaries-20101211
- 22 -
"Judge Refuses to Lift Medical Marijuana
Injunction," Los Angeles Times, January 8, 201la. As
of August 3, 2011:
http://www.latimes.com/news/local/la-me-med ical-
marijuana-20110108,0,729017.story
, "L.A. Council Amends Medical Marijuana
Ordinance," Los Angeles Times, January 22, 2011b. As
of August 3, 2011:
http://www.latimes.com/news/local/la-me-
marijuana-20110122, 0,7969981. story
"L.A. Officials Release List of 141
Medical Marijuana Dispensaries Ordered to Close
Immediately," Los Angeles Times, L.A. Now. March 9,
2011c. As of August 3, 2011:
http://latimesblogs.latimes.com/lanow/2011/03/
the-los-angeles-city-at to rneys-office-on-wednesday-
released-the-list-of-140-medical-marijuana-
dispensaries-that-it-has-war. html
, "Two Lawsuits Challenge Los Angeles'
Lottery Plan for Medical Marijuana Dispensaries,"
Los Angeles Times, April 21, 2011d. As of August 3, 2011:
http://www.latimes. com/news/ local/la-me-0421-pot-
lawsuit-20110421,0,389691. story
Hoffmann, Diane E., and Ellen Weber, "Medical
Marijuana and the Law," New England journal of
Medicine, Vol. 362, No. 16, 2010, pp. 1452-1457.
Holmes, Sue Major, "New Mexico Medical
Marijuana Providers Too Limited by Regulations to
Provide for Patients," Huffington Post, July 16, 2010.
As of August 3, 2011:
http://www.huflingtonpost.com/2010/07/ 16/new-
mexico-med ical-mariju_n_649543.html
Holton, Dwight C., "Notice to Owners, Operators
and Landlords of Oregon Marijuana Dispensaries,"
U.S. Department of Justice, District of Oregon, June
3, 2011. As of August 3, 2011:
http://www.wweek.com/portlandffile-178-.pdf
Ingold, John, "Analysis: Denver Pot Shops' Robbery
Rate Lower Than Banks'," Denver Post, January 27,
2010. As of August 3, 2011:
http://www.denverpost.com/ci_
14275637#ixzzl5T3uaWQw
Johnson, Alex, "DEA to Halt Medical Marijuana
Raids," msnbc.com, February 27, 2009. As of August
3, 2011:
http://www.msnbc.msn.com/id/29433708/ns/health-
health_care/
Johnson, Carrie, "U.S. Eases Stance on Medical
Marijuana," Washington Post, October 20, 2009. As
of August 3, 2011:
http://www.washingtonpost.com/wp-dyn/content/
article/2009/10/19/AR2009101903638.html
-23 -
Johnson, Charles S., "Medical Marijuana
Dispensaries, Doctor Restrictions Win Montana
Legislators' Backing," The Missoulian, August 13,
2010. As of August 3, 2011:
http://missoulian.com/news/local/articic_510f9612-
a688-11 df-bbe3-001cc4c002e0.html
Johnston, David, and Neil Lewis, "Obama
Administration to Stop Raids on Medical Marijuana
Dispensers," New York Times, March 18, 2009. As of
August 3, 2011:
http://www.nytimes.com/2009/03/19/us/19holder.html
LACityClerk Connect, "Medical Marijuana
Dispensaries," Council File: 05-0872-S1, undatcd(a).
As of August 3, 2011:
http://cityclerk.lacity.org/lacityclerkconnect/index.
cfm?fa=ccfi.viewrecord&cfnumber=05-0872-S 1
"Medical Marijuana Ordinance/Ordinance/
Amendment," Council File: 08-0923-57, undated(b).
As of August 3, 2011:
http://cityclerk.lacity.org/lacityclerkconnect/index.
cfm?fa=ccfi.v icwrecord&cfnu mbcr=08-0923-57
Lagmay, June, "Eligibility Under Los Angeles
Municipal Code Section 45.19.6 et seq. (`Medical
Marijuana Ordinance')," Los Angeles, Calif., August
25, 2010. As of August 3, 2011:
http://cityclerk.lacity.org/cps/pdf/
preliminaryResults08-25-10.pdf
Lee, Michelle Ye Hee, "Arizona Begins Setting Up
a Program for Medical Pot," The Arizona Republic,
November 16, 2010. As of August 3, 2011:
http://www.azcentratcom/arizonarepublic/news/artic
les/2010/11/16/20101116arizona-medical-marijuana-
program.html
Los Angeles County Department of Regional
Planning, "Medical Marijuana Dispensaries
Ordinance Amendment," 2009. As of August 3, 2011:
http://planning.lacounty.gov/mmdoa
Los Angeles Police Department, "Crime Mapping,"
2011. As of August 3, 2011:
littp://www.lapdonline.org/crime_prevention/
content_basic_view/42390
Los Angeles Police Department, Narcotics Division,
"Medical Marijuana Facilities Within the City of Los
Angeles," fact sheet, Los Angeles, Calif., December
14, 2006. As of August 4, 2011:
http://clkrep.lacity.org/onlinedocs/2005/05-0872_
rp t_lapd_ 1-18 -07. pd f
Maas, David, "Toke '09: Dude, Where's My Medical
Marijuana?" Santa Fe Reporter, April 21, 2009. As of
August 3, 2011:
http://www.sfreporter.com/santafe/article-4454-
toke-09.html
Maine Department of Health and Human Services,
Division of Licensing and Regulatory Services,
"Rules Governing the Maine Medical Use of
Marijuana Program," 10-144 CMR Chapter 122,
August 4, 2010. As of August 3, 2011:
http://www.maine.gov/tools/whatsnew/attach.
php?id=118624&an=2
Maine State Law and Reference Library, "Maine's
Medical Marijuana Law," updated July 27, 2011. As
of August 3, 2011:
http://www.maine.gov/legis/lawlib/medmarij.html
Malinowski, W. Zachary, "Medical -Marijuana
Advocacy Group Sees Loophole for Dispensaries in
Justice Department Memo," Providence Journal, July
11, 2011. As of August 4, 2011:
http://www.projo.com/news/content/MARIJUANA_
RI_07-07-11_9TP125T v25.32d4e.html
Marijuana Policy Project, "State -by -State Medical
Marijuana Laws: How to Remove the Threat of
Arrest," last updated fall 2008. As of August 3, 2011:
http://www. mpp.org/legislation/state-by-state-
medical-marijuana-laws.htm l
McCabe, Michael, "State Raids Marijuana Buyers'
Club," San Francisco Chronicle, August 5, 1996.
McDonald, Patrick Range, and Christine Pelisek,
"L.A's Medical -Weed Wars," LA Weekly, November
23, 2009. As of August 3, 2011:
http://www.laweekly.com/2009-11-26/news/I-a-39-s-
med ical-weed-wars/
Meyer, Josh, "A Federal About -Face on Medical
Marijuana," Los Angeles Times, October 20, 2009.
As of August 3, 2011:
http://articles.latimes.com/2009/oct/20/nation/
n a -medical -marl juana20
Mikos, Robert A., "On the Limits of Supremacy:
Medical Marijuana and the States' Overlooked Power
to Legalize Federal Crime," Vanderbilt Law Review,
Vol. 62, No. 5, 2009, pp. 1421-1482.
Miron, Jeffrey A., "Violence and the U.S.
Prohibitions of Drugs and Alcohol," American Law
and Economics Review, Vol. 1, No. 1, 1999, p. 78.
Myerscough, Rodney, and Stuart P. Taylor,
"The Effects of Marijuana on Human Physical
Aggression," Journal of Personality and Social
Psychology, Vol. 49, No. 6, 1985, pp. 1541-1546.
National Conference of State Legislatures, "State
Medical Marijuana Laws," 2010. As of August 3, 2011:
http://www.ncsl.org/default.aspx?tabid=19587
National Public Radio, "In California, Marijuana
Dispensaries Outnumber Starbucks," Tell Me More,
October 15, 2009. As of August 3, 2011:
http://www.npr.org/templates/story/story.
php?storyld=113822156
New Jersey Register, Medical Marijuana Program
Rules, Vol. 42, No. 22, 42 N.J.R. 2668(a), November
15, 2010. As of August 3, 2011:
http://www.nj.gov/health/draft_mm.pdf
New Mexico Department of Health, "Medical
Cannabis Program," undated. As of August 3, 2011:
http://www.health.state.nm.us/IDB/medical_
cannabis.shtml
New York v United States, 505 U.S. 144 (1992).
"November 2, 2010, General Election Abstracts of
Votes, State Measure No. 74," Oregon, undated. As
of August 4, 2011:
http://www.sos.state.or.us/elections/doc/history/
nov22010/results/m74. pdf
O'Connell, Sue, "Emerging Issue: Medical Marijuana
Dispensary States vs. Caregiver States," CFHHS
Subcommittee on Medical Marijuana, August 2010.
As of August 3, 2011:
http://leg.mt.gov/content/Committees/Interim/
2009_2010/Chi ldren_Fam ily/Emerging-Issue/
dispensary-caregiver-stares-aug 12.pdf
Oregon Ballot Measure 74, The Oregon Regulated
Medical Marijuana Supply System, 2010. As of
August 4, 2011:
http://www.sos.state.or.us/elections/irr/2010/028text.
pdf
Osher, Christopher N., "As Dispensaries Pop Up,
Denver May Be Pot Capital, U.S.A.," Denver Post,
January 3, 2010. As of August 3, 2011:
http://www.denverpost.com/ci_14112792
Pacula, Rosalie Liccardo, Jamie F. Chriqui, Deborah
A. Reichmann, and Yvonne M. 'Terry-McElrath,
"State Medical Marijuana Laws: Understanding the
Laws and Their Limitations," Journal of Public Health
Policy, Vol. 23, No. 4, 2002, pp. 413-439.
Pacula, Rosalie Liccardo, and Beau Kilmer,
Marijuana and Crime: Is There a Connection Beyond
Prohibition? NBER Working Paper No. 10046,
Cambridge, Mass.: National Bureau of Economic
Research, 2003.
People v Urziceanu, 132 Cal. App. 4th 747, 33 Cal.
Rptr. 3d 859, September 12, 2005. As of August 3,
2011:
http://caselaw.lp.findlaw.com/data2/
cal i fo rn iastatecascs/C045276. PDF
Perez -Pena, Richard, "New Jersey's Medical Mari-
juana Law Loses Planned Grower and Dispensers,"
New York Times, July 23, 2010. As of August 3, 2011:
http://www.nytimes.com/2010/07/24/nyregion/
24marijuana.html
Pew Research Center, "Modest Rise in Percentage
Favoring General Legalization: Broad Public Support
for Legalizing Medical Marijuana," research report,
April 2010. As of August 3, 2011:
http://people-press.org/reports/pdf/602.pdf
- 24 -
Philips, Matthew, "The Wild West of Weed: How
Los Angeles Became Overrun with Pot Shops, and
How It's All About to End." Newsweek, October 15,
2009. As of August 3, 2011:
http://www.newsweek.com/2009/10/14/the-wild-
west-of-weed.html
Printz v United States, 521 U.S. 898 (1997).
ProCon.org, "16 Legal Medical Marijuana States and
DC: Laws, Fees, and Possession Limits," last updated
May 13, 2011a. As of August 3, 2011:
http://medicalmarijuana.procon.org/view.resource.
php?resourcel D=000881
, "16 Legal Medical Marijuana States and
DC: Laws, Fees, and Possession Limits—DC," last
updated May 13, 2011b. As of August 3, 2011:
http://medicalmarijuana.procon.org/view.resource.
php?resourcel D =000881#DC
Reason, U.S. attorney letters, 2011. As of August 3, 2011:
http://reason.com/assets/db/13050456443878.pdf
Reiman, Amanda, Medical Cannabis Facilities,
Saarbucken, Germany: VDM Verlag, 2010.
Resignato, A. J., "Violent Crime: A Function of
Drug Use or Drug Enforcement?" Applied Economics,
Vol. 32, No. 6, 2000, p. 681.
Reuteman, Michael, "Medical Marijuana Business Is
on Fire," USA Today, April 20, 2010. As of August 3,
2011:
http://www.usatoday.com/money/industries/health/
2010-04-20-medical-marijuana_N. htm
Rhode Island General Assembly, Chapter 016,
2009—H 5359 Substitute A, An Act Relating to
Food and Drugs—The Edward O. Hawkins and
Thomas C. Slater Medical Marijuana Act, June 16,
2009. As of August 3, 2011:
http://www.rilin.state.ri.us/PublicLaws/law09/
law09016.htm
Richardson, John, "Pot Law Draws Federal Caution,"
Portland Press Herald, May 19, 2011. As of August
17, 2011:
http: //www. presshera ld.com/news/po t -law -d raws-
federal-caution_201 l -05-19. ht ml
Rodgers, Jakob, "Marijuana Shops Not Magnets for
Crime, Police Say," The Gazette (Colorado Springs),
September 14, 2010. As of August 3, 2011:
http: //www.gazette. com/articles/wall-104598-
marijuana-brassfield. h t m l
Romero, Dennis, "Many L.A. Pot Shops Warned to
Close or Face Jail, Fines," LA Weekly, May 4, 2010a.
As of August 3, 2011:
http://blogs.laweekly.com/informer/2010/05/pot_
shops_wa rned_to_close. php
"New L.A. City Rule Would Allow 180
Pot Shops to Stay Open," LA Weekly, November 10,
2010b. As of August 3, 2011:
http://blogs.laweekly.com/informer/2010/11/
marijuana_d ispensaries_angelcs. php
, "L.A. City's Attempts to Regulate Pot Shops
Drags on for Years as Residents Complain About
Related Crime," LA Weekly, November 16, 2010c. As
of August 3, 2011:
http://blogs.laweekly.com/informer/2010/11/
marijuana_dispensary_cri me.php
Romero, Dennis, and Clarissa Wei, "Most of L.A.'s
Outlaw Medical Marijuana Dispensaries Have
Closed," LA Weekly, August 13, 2010. As of August
3, 2011:
http://blogs.laweekly.com/informer/2010/08/Ia_pot_
shops_closing.php
Rubin, Joel, and John Hoeffel, "Clearing Away the
Pot Stores, One Raid at a Time," Los Angeles Times,
July 5, 2010. As of August 3, 2011:
http://www.lat imes.com/news/local /Ia-me-pot-
bust-20100705,0,3679053.story
Salkin, Patricia E., and Zachary Kansler, "Medical
Marijuana Meets Zoning: Can You Grow, Sell, and
Smoke That Here?" Planning ef, Environmental Law,
Vol. 62, No. 8, 2010, pp. 3-8.
Samuels, David, "Dr. Kush: How Medical Marijuana
Is Transforming the Pot Industry," The New Yorker,
July 28, 2008. As of August 3, 2011:
http://www.newyorker.com/reporting/2008/07/28/
080728fa_fact_samuels
Scribner, Richard A., Deborah Cohen, Stephen
Kaplan, and S. H. Allen, "Alcohol Availability
and Homicide in New Orleans: Conceptual
Considerations for Small Area Analysis of the Effect
of Alcohol Outlet Density," Journal of Studies on
Alcohol, Vol. 60, 1999, pp. 310-316.
Scribner, Richard A., David P. MacKinnon, and
James H. Dwyer, "The Risk of Assaultive Violence
and Alcohol Availability in Los Angeles County,"
American Journal of Public Health, Vol. 85, No. 3,
1995, pp. 335-340.
Smith, Dylan, "Medical Marijuana Back on AZ
Ballot," Tucson Sentinel, June 2, 2010. As of August
3, 2011:
http://www.tucsonsentinel.com/local/report/060210_
medical_marijuana
Southall, Ashley, "Washington, D.C., Approves
Medical Use of Marijuana," New York Times, May 4,
2010. As of August 3, 2011:
http://www.nytimes.com/2010/05/05/us/
05marijuana.html
-25—
Teh, Bing -Ru, "Do Liquor Stores Increase Crime
and Urban Decay? Evidence from Los Angeles,"
unpublished manuscript, 2008.
U.S. Congress, Housc of Representatives, Committee
on Interstate and Foreign Commerce, Subcommittee
on Public Health and Welfare, Hearings on H.R.
11701, H.R. 13743 and Related Bills, 91st Congress,
2nd Session, Washington, D.C.: GPO, 310-847, 1970.
United States Department of Justice, "Memorandum
for Selected United State Attorneys on Investigations
and Prosecutions in States Authorizing the Medical
Use of Marijuana," The Justice Blog, October 19,
2009. As of August 3. 2011:
http://blogs.usdoj.gov/blog/archives/192
Washington State Department of Health, "Frequently
Asked Questions About Medical Marijuana in
Washington State," last updated July 20, 2011. As of
August 3, 2011:
http://www.doh.wa.gov/hsqa/medical-marijuana/
FAQmo re. htm#Dispensary
Watson, Stanley J., John A. Benson, and Janet E.
Joy, "Marijuana and Medicine: Assessing the Science
Base: A Summary of the 1999 Institute of Medicine
Report," Archives of General Psychiatry, Vol. 57, No. 6,
2000, pp. 547-552.
Wei, Clarissa, and Dennis Romero, "L.A. Medical
Marijuana Outlets Defy City," LA Weekly, June 17,
2010. As of August 3, 2011:
ht tp://www.laweekly.com/2010-06-17/news/I-a-
med ical-marijuana-outlets-defy-city/
Whited, Jason, "Pot-Trepreneurs: High on a
Recent Federal Decision to Not Prosecute Medical
Marijuana Cases, Nevada Pot Activists Eye
California -Style Dispensaries," Las Vegas City L>,
November 5, 2009. As of August 4, 2011:
http://www.lasvegascitylife.com/articles/2009/11/05/
news/ loca l_news/ iq_32207390. tx t
Wholsen, Marcus, "N. Calif. Cities Bring Pot
Growing into the Light," Associated Press, Denver
Post, November 22, 2010. As of August 3, 2011:
http://www.denverpost.com/news/marijuana/ci_
16675655
Winton, Richard, "Sheriff Says Pot Dispensaries
Have Become Crime Targets," Los Angeles Times,
September 2, 2010. As of August 18, 2011:
http://articles.latimes.com/2010/sep/02/local/
la-me-0902-baca-pot-20100902
Wyatt, Kristen, "Colo. Governor Signs Changes to
Sweeping Pot Rules," Associated Press, 2011.
About This Report
This report presents an overview of the medical marijuana landscape nationwide along with preliminary
findings on the relationship between closing medical marijuana dispensaries and local crime. 'The
empirical analysis represents a portion of ongoing work by Mireille Jacobson and Tom Chang to more
thoroughly understand the relationship between medical marijuana dispensaries and criine. It is also
related to a larger project by the authors to understand the relationship between land -use law, the built
environment, crime, and public health, funded by the Robert Wood Johnson Foundation's Public Health
Law Research program. The report should be of particular interest to agencies and policymakers who are
charged with regulating medical marijuana and to those who are interested in the relationship between
medical marijuana and crime.
The RAND Safety and Justice Program
This research was conducted in the Safety and Justice Program within RAND Infrastructure, Safety,
and Environment (ISE). The mission of RAND Infrastructure, Safety, and Environment is to improve
the development, operation, use, and protection of society's essential physical assets and natural resources
and to enhance the related social assets of safety and security of individuals in transit and in their
workplaces and communities. Safety and Justice Program research addresses all aspects of public safety
and the criminal justice system—including violence, policing, corrections, courts and criminal law,
substance abuse, occupational safety, and public integrity.
Questions or comments about this report should he sent to the lead author, Mireille Jacobson
(Mireille,Jacobson@rand.org). Information about the Safety and Justice Program is available online
(http://www.rand.org/ise/safety). Inquiries about research projects should be sent to the following address:
Greg Ridgeway, Director
Safety and Justice Program, ISE
RAND Corporation
1776 Main Street
Santa Monica, CA 90407-2138
310-393-0411,x7734
sjdirector@rand.org
RAND publications are available at
www.rand.org
The RAND Corporation is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND's
publications do not necessarily reflect the opinions of its research clients and sponsors. RAND- is a registered trademark.
TR-987-RWJ 12011)
RAN D
Headquarters Campus
1776 Main Street
P.O. Box 2138
Santa Monica, CA
90407-2138
Offices
Santa Monica, CA
Washington, DC
Pittsburgh, PA
New Orleans, LA/Jackson, MS
Boston, MA
Doha, QA
Abu Dhabi, AE
Cambridge, UK
Brussels, BE
Representative Office
Mexico City, MX
www.rand.org
4,
CITY OF PALM SPRINGS
Application for MCCC
Medical Cannabis Cooperative or Collective
Please submit one original and fifteen copies of this completed Application and all required materials to
the Office of the City Clerk, 3200 E. Tahquitz Canyon Way, Palm Springs, California, 92262. The
submission deadline is 2:00 PM on Monday, October 19, 2015. Applications will not be considered
complete until all submittal requirements are met.
MCCC Name:
Tax ID Number:
GENERAL INFORMATION
California Sellers Permit Number:
Projected Days/Hours of Operation:
If awarded a permit estimated number of days to begin operations:
Estimated number of qualified patients and/or primary caregivers who will be served:
Number of Qualified Patients:
Number of Primary Caregivers:
APPLICANT INFORMATION
Name and contact information of applicant:
Name
Email
Address
City, State, Zip
Residence Telephone
Business Telephone
Cell
Facsimile
Name and contact information of the on-site, community relations, or staff person or
other representative to whom one can provide notice, if there are operating problems
associated with the MCCC:
Name
Email
Address
City, State, Zip
Residence Telephone
Business Telephone
Cell
Facsimile
Name
Email
Address
City, State, Zip
Residence Telephone
Business Telephone
Cell
Facsimile
LOCATION AND PROPERTY INFORMATION
Please note the site location restrictions contained in Section 93.23.15 of the Palm Springs Zoning Code.
Address of the MCCC:
Assessor's Parcel Number:
Zoning:
General Plan:
Gross Square Footage of the Proposed Business Space:
Page 2
CANNABIS OPERATIONS
What percentage of the cannabis will be cultivated on site:
What percentage of the cannabis will be cultivated at a
permitted MCCC grow facility operated by the MCCC:
0/0
If Tess than 100% of the cannabis will be grown on site, or at a grow facility operated by
the MCCC, please provide the name and contact information of the person(s) who will
be cultivating the cannabis:
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
-I YES NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
YES NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
■ YES ■ NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
_ YES - NO
Page 3
Will edible cannabis products be provided on site: E YES _ NO
Will 100% of edible products be made on site:
YES NO
If no, or less than 100% of the edible cannabis products will be made on site, please
provide the name and contact information of the person(s) who will be the source of the
edible products:
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
YES i NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
YES NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
YES ■ NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
YES _ NO
Please note if edible cannabis products are provided, a County of Riverside Health
permit will be required as a condition of approval and submitted prior to operations.
Page 4
Will cannabis lotions or ointments, etc. be provided on site: YES NO
Will 100% of such products be made on site:
YES NO
If no, or less than 100% of other cannabis products will be made on site, please provide
the name and contact information of the person(s) who will be the source of such
products:
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
❑ YES NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
■ YES NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
_, YES NO
Name
Email
Address
City, State, Zip
Telephone
Member of MCCC?
YES NO
Page 5
The City Council recently modified the regulations to allow permitted MCCC to provide
delivery services.
Will delivery service be provided:
If yes, please describe the extent of the delivery service:
YES NO
Please describe any other service that will be available at the site:
Page 6
CERTIFICATIONS AND DECLARATIONS
Must be signed by Applicant and all Officers/Directors
1. I declare under penalty of perjury, under the laws of the State of California,
that all statements contained in this application and any accompanying documents is
true and correct, with full knowledge that all statements made in this application are
subject to investigation and that any false or dishonest answer to any question may be
grounds for denial of the application or subsequent revocation of the permit.
Signature/Print Date
Signature/Print Date
Signature/Print Date
Signature/Print Date
2. I expressly authorize the City Manager of the City of Palm Springs to seek
verification of the information contained within this application, including but not limited
to, a comprehensive review of my background. I understand that this review may
include verification of my personal social security number, credit reports, current and
previous residences, employment history, education background, civil and criminal
history records from any criminal justice agency in any or all federal, state, county
jurisdictions, driving records, birth records, and any other public records.
Signature/Print Date
Signature/Print Date
Signature/Print Date
Signature/Print Date
Page 7
3. I have received, read, reviewed, and understand all of the requirements of
the City of Palm Springs regarding the operation and management of medical cannabis
cooperatives or collective in the City, including without limitation the provisions of
Chapters 3.35 and 5.35 and Section 93.23.15 of the Palm Springs Municipal Code, and
I acknowledge that I am required to fully comply with these provisions. I also
acknowledge that ability to comply with any of these requirements may subject me to
administrative fines, criminal sanctions, and other penalties as provided in the Palm
Springs Municipal Code, including suspension or termination of my permit to operate a
medical cannabis cooperative or collective in the City.
Signature/Print Date
Signature/Print Date
Signature/Print Date
Signature/Print Date
All applications must include a deposit of $7,500 toward the cost of the City's review of
the application. In the event this amount is insufficient to cover the City's costs, the
applicant will be required to post additional funds to cover City costs. Make checks
payable to the "CITY OF PALM SPRINGS."
Page 8
ATTACHMENT 1
PROPERTY OWNERSHIP AND DOCUMENTS
Is the Property owned by the MCCC Applicant:
Property Owner Name and Contact Information:
❑ YES
NO
Name
Email
Address
City, State, Zip
Residence Telephone
Business Telephone
Cell
Facsimile
Is the MCCC in a multi -tenant building:
If yes please list other businesses in the building:
YES
NO
Business Name
Business Type
Insert behind the Attachment 1 Cover Sheet either:
Evidence of property ownership by the MCCC applicant.
Current Lease Agreement and notarized acknowledgement from the owner of the
property that approves an MCCC will be operated on his/her property.
Page 9
ATTACHMENT 2
FINANCIAL INTEREST INFORMATION
Please provide the names and contact information of every person(s) who has a
financial interest in the MCCC:
Name
Email
Address
City, State, Zip
Telephone
Percentage Interest in MCCC
Name
Email
Address
City, State, Zip
Telephone
Percentage Interest in MCCC
Name
Email
Address
City, State, Zip
Telephone
Percentage Interest in MCCC
Name
Email
Address
City, State, Zip
Telephone
Percentage Interest in MCCC
Insert behind the Attachment 2 Cover Sheet:
Copy of current Driver License and/or California Identification Card for each
individual who has a financial interest in the MCCC.
Page 10
ATTACHMENT 3
PRINCIPAL OFFICERS AND DIRECTORS INFORMATION
Please provide the names and contact information of every principal officer, director and
operator of the MCCC:
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Insert behind the Attachment 3 Cover Sheet:
❑ Copy of current Driver License and/or California Identification Card for each
principal officer, director, and operator of the MCCC.
Page 11
ATTACHMENT 4
OPERATIONS AND MANAGEMENT INFORMATION
Please provide the names and contact information of every person who is managing or
responsible for the MCCC activities:
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Name
Email
Address
City, State, Zip
Telephone
Title or Position
Insert behind the Attachment 4 Cover Sheet:
Copy of current Driver License and/or California Identification Card for every
person who is managing or responsible for the MCCC activities.
Page 12
ATTACHMENT 5
EMPLOYEE INFORMATION
Please provide the names and contact information of every employee, and a statement
as to whether such person(s) has or have been convicted of a crime(s), the nature of
the offense(s) and the sentence(s) received for such convictions(s):
Name
Title or Position
Address
City, State, Zip
Offense Type (if any)
Sentence
Name
Title or Position
Address
City, State, Zip
Offense Type (if any)
Sentence
Name
Title or Position
Address
City, State, Zip
Offense Type (if any)
Sentence
Name
Title or Position
Address
City, State, Zip
Offense Type (if any)
Sentence
Insert behind the Attachment 5 Cover Sheet:
Copy of current Driver License and/or California Identification Card for every
Employee.
Page 13
ATTACHMENT 6
ARTICLES OF INCORPORATION
Pursuant to State and local law, all medical cannabis cooperatives and collectives shall
be non-profit, mutual -benefit corporations:
Designed agent for service of process:
Name
Telephone
Address
City, State, Zip
Insert behind the Attachment 6 Cover Sheet ALL of the following:
Copy of Articles of Incorporation filed with the California Secretary of State.
Copy of filed California Secretary of State Statement of Information.
Copy of Internal Revenue Service Letter of Determination you are an approved
"tax-exempt" entity.
Evidence of proof of lawful presence or residence in the City of Palm Springs.
Examples of this may include a copy of the applicant's driver's license or a
combination of other documents such as a utility bill, etc.
Page 14
ATTACHMENT 7
SECURITY PLAN
All Applicants must submit a security plan.
A security plan that includes the following:
a. Security cameras that have been installed and maintained in good working
condition, and used in an on-going manner with at least 240 continuous hours of
digitally -recorded documentation in a format approved by the City Manager.
Please provide the number of security cameras and list the areas covered by
each. The areas to be covered by the security cameras include, but are not
limited to (1) the storage areas (2) cultivation areas (3) all doors (4) all windows,
and (5) any other areas as determined by the City Manager.
b. A reliable and commercial alarm system that is operated and monitored by a
lawfully -operating security company or alarm business. Please provide the name
and contact information of the security camera monitoring company.
c. Properly illuminated windows and doors that are in compliance with the City's
lighting standards regarding fixture type, wattage, illumination levels, shielding,
etc. (Applicants may be required to secure the necessary approvals and permits.)
Insert behind the Attachment 7 Cover Sheet ALL of the following:
Security Plan that meets requirements.
Valid current agreement with licensed alarm monitoring company.
Page 15
ATTACHMENT 8
SITE PHOTOGRAPHS
All Applicants must submit photographs of the existing site that show the front, back and
sides of the building, lighting, parking, etc.
Insert behind the Attachment 8 Cover Sheet ALL of the following:
U Photos of front of building.
❑ Photos of rear of building.
❑ Photos of sides of building.
❑ Photos of exterior lighting.
❑ Photos of parking.
Page 16
ATTACHMENT 9
SITE AND FLOOR PLANS
All Applicants must submit on one sheet of white paper no less than 11 X 17 inches and
no larger than 24 X 36 inches an accurate detailed site plan and floor plan of the
premises that clearly labels all the uses of areas on the premises, including: 1) doors;
2) entrances; 3) windows; 4) use of each area including 5) storage area(s), 6) cultivation
area(s), 7) exterior lighting fixtures, 8) security cameras, 9) restrooms, 10) signage and
11) parking (including other tenant spaces if the MCCC is proposed for a multi -tenant
building site).
The project shall be required to provide secure bicycle parking facilities on site for use
by residents and commercial/retail patrons and owners. Location and design shall be
approved by the Director of Planning.
Insert behind the Attachment 9 Cover Sheet the following:
Site Plan.
Floor Plan.
Bicycle parking facilities.
Page 17
ATTACHMENT 10
ADDITIONAL MATERIALS
List and insert behind the Attachment 10 Cover Sheet any additional materials you
would like to submit with your application to be considered by the City Council and City
Staff.
List of Additional Materials:
Page 18
City of Desert Hot Springs
65950 Pierson Blvd. • Desert Hot Springs, CA 92240
Telephone (760) 329-6411 x 260 www.cityofdhs.org
OFFICE USE ONLY
Case No.
Application Period
(Applicable only to Dispensary Permits)
11/07/14 — 11/21/14
Fee
$6,115.00
Accepted By
MEDICAL MARIJUANA FACILITY
CONDITIONAL USE PERMIT APPLICATION
Pursuant to Desert Hot Springs Municipal Code Chapter 17.180
(PLEASE PRINT OR TYPE CLEARLY)
CONDITIONAL USE PERMIT applications are reviewed and approved at a public hearing by the Planning Commission
pursuant to Section 17.76 of the Zoning Code. The purpose of the review is to ensure that land uses requiring this Permit
which have a moderate -to -significant potential adverse impacts on surrounding properties, residents, or businesses are
conditioned or required to mitigate or eliminate such impacts.
Check here if requesting a CUP amendment
❑ Check here if requesting a CUP time extension
Check here if requesting a CUP
PROPOSED USE AND/OR CONSTRUCTION:
Check one only. (Separate application required for each proposed use.)
❑ Check here if for a Medical Marijuana Dispensary (May cultivate up 99 mature flowering marijuana plants)
❑ Check here if for a Medical Marijuana Cultivation Facility
PROPERTY OWNER CONSENT:
If the property owner is different than the applicant, the property owner's notarized written consent to use the project
location for the above proposed use shall be submitted with the application before the application will be accepted as
complete.
APPLICANT:
Mailing Address: Phone No.
City, State, Zip: E -Mail
*CO -APPLICANT:
Mailing Address: Phone No.
City, State, Zip: E -Mail
*List other Co -Applicants on separate sheet.
*PROPERTY OWNER (if different):
Mailing Address: Phone No.
City, State, Zip: E -Mail
*List other Property Owners on separate sheet.
PROJECT LOCATION:
LEGAL DESCRIPTION (Lot & Tract or A.P.N.):
EXISTING LAND USE OF PROPERTY:
EXISTING ZONING OF PROPERTY:
SURROUNDING USES:
North:
South:
East:
West:
TYPE OF BUSINESS ORGANIZATION:
Organized as:
Organized under:
Collective Cooperative
Corporations Code §12201 OCorporations Code §12300
CAUTION: FALSE OR MISLEADING INFORMATION PROVIDED IN OR WITH THIS APPLICATION
SHALL BE GROUNDS FOR DENYING THE APPLICATION.
NAME OF APPLICANT:
SIGNATURE OF APPLICANT: DATE:
*NAME OF CO -APPLICANT:
*SIGNATURE OF CO -APPLICANT: DATE:
*Include Name and Signature of other Co -Applicants on separate sheet.
*NAME OF PROPERTY OWNER:
(If different from Applicant)
*SIGNATURE OF PROPERTY OWNER: DATE:
NAME OF PROPERTY OWNER:
(If different from Applicant)
SIGNATURE OF PROPERTY OWNER: DATE:
*Include Name and Signature of other Property Owners on separate sheet.
CITY OF DESERT HOT SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT PLAN SUBMITTAL REQUIREMENTS
25 sets of the following plans in 24" x 36" size shall be submitted to the Community Development Department, unless
otherwise noted or directed by staff. Plans shall be collated, stapled and folded to 8 '/2" x 11" unless colored. Colored
plans of Site Plan, Landscape Plan and Elevations shall be 24" x 36" in size and mounted on foam -core presentation
boards. Plans are required to include, at a minimum, the following items at the time of submittal:
Yes No
® 0 1. Filing fee: for a Conditional Use Permit application. A completed Environmental Information form,
unless categorically exempt by the California Environmental Quality Act Guidelines, or previously
assessed.
0 0 2. Notification Package: A notification package containing a scaled map or Assessor Parcel Map
pages showing all properties within a 300 -foot radius of the subject property (including continuously
owned property); a typed list of the property owners and their mailing addresses within the 300 -foot
radius, and a typed list of the residents that reside contiguous to the subject property. Submit three
(3) sets of typed, self-adhesive, addressed labels for the above property owners and residents that
live contiguous to the subject property. These lists and the map must be certified by a title
company.
O 0 3.
Title Report: A Title Report of the subject property. Said report must be dated within the last 6
months of application submittal.
O O 4. Existing Site Plan: Drawn to scale and fully dimensioned, showing the existing project site and at
least 50 feet beyond the project boundaries including the following:
A. Property line boundaries and at least 50 feet beyond the project boundaries showing name,
address and phone number of property owner, applicant and developer, date of plan
preparation, legal description, north arrow, a legend incorporating any symbols on the
drawings, a vicinity map, existing contours and vegetation, existing structures and other site
and adjacent features, including any driveways, curbs, gutters, sidewalks, bus shelters,
landscaped planters, existing and ultimate right-of-ways of any private and public streets,
easements and all utilities (above and below ground).
O 0 5.
Proposed Site Plan: Drawn to scale and fully dimensioned, showing the proposed project site and
at least 50 feet beyond the project boundaries including the following:
A. Property line boundaries and at least 50 feet beyond the project boundaries showing name,
address and phone number of property owner, applicant and developer, date of plan
preparation, legal description, north arrow, a legend incorporating any symbols on the
drawings, a vicinity map, north arrow, a legend incorporating any symbols on the drawings, a
vicinity map, and proposed contours.
B. Where applicable. proposed buildings, structures (trash enclosures, etc.), driveways, curbs,
gutters, bus shelters, dimensioned parking stalls, back-up areas, service areas (including
trash enclosures and recycling areas), location of all utilities (proposed and existing), air
conditioning units, landscaping and hardscape areas, retention basins, drywells, monument
sign locations, sidewalks, bicycle paths, bicycle racks, accessible path of travel, easements,
perimeter and screen walls, fire hydrants, street lights, street trees, etc.
C. Existing improvements and natural features which are proposed to be retained and
incorporated into the project, if any.
D. Included on this plan shall be a table tabulating the following: project area size in acres (gross
and net), gross building square footage (individual and total), lot coverage ratio, hardscape
square footage (parking areas and walks), landscaping square footage, required and
proposed parking spaces, including accessible parking spaces and loading spaces, number
0 0 6.
0 0 7.
of residential unit types, number of bedrooms, number of stories, and number of units per
building, if applicable.
E. One colored copy in 24" x 36" size mounted on foam -core presentation board.
F. If the project is going to be phased, indicate the limits of the phasing and all off-site
improvements to be constructed with each phase. All project phasing must be provided at
the time of initial submittal and review. A phased project that is not disclosed up front may
require the filing of a supplemental application with appropriate fees to defray the costs
associated with additional city review and approval.
Conceptual Grading and Drainage Plan: If applicable, a conceptual grading and drainage plan
drawn to an engineering scale of no smaller than 1"=30' with the scale clearly labeled and shall
include the following information:
A. Existing and proposed contours, pad elevations, adjacent street elevations, parking lot,
driveways, landscaping, drainage patterns, dry wells, retention areas, etc. (grading may be
indicated on site plan if clearly readable). Tabulations showing amount of cut/fill, lot sizes,
number of lots, square feet/acres of each).
Building Plans: Building plans shall be of sufficient size to show architectural detail and include the
following:
A. Floor plans showing allocation of space and location of all door and window openings. All
rooms must be labeled and dimensioned, show occupancy requirements and all ingress/egress
requirements.
B. Roof plans indicating pitch, line of exterior wall, overhangs/eaves, roof drains, down spouts,
roof mounted mechanical equipment (commercial/industrial only), skylights, solar panels, trellis
areas, columns, etc.
C. Architectural drawings of all elevations of all proposed buildings and structures, including
longitudinal and latitudinal sections of each proposed buildings, including screening treatments
for mechanical equipment. Building materials and building heights shall be identified.
D. One colored set of all building elevations for each proposed building accurately representing
exterior colors in 24" x 36" size and mounted on foam -core presentation boards.
E. Material and color sample board. A material and color sample board showing all exterior
materials, finishes, and colors including hardscape (when decorative), shall be submitted on a
maximum 8-1/2" x 11" or 11" x17 " foam -core board. Materials, finishes, and colors shall be
keyed to plans for easy reference. Materials may include roof tile, decorative tile and trim,
brick, mullions, metal, screens, glass, stucco, wood, etc.
O 0 8. Sign Program: Plans showing conceptual materials, letter style, size, sign colors, method/intensity
of illumination, and sign type (monument, wall, etc.). Elevations shall indicate sign designs and
locations or probable locations and size of sign "envelopes", when appropriate. Generic names
may be used if a tenant is not known.
O 0 9.
Exterior Lighting Plan: Plans shall show conceptual type of light fixtures including base, location,
fixture height, source, and surface illumination. Lighting plans shall demonstrate that the lighting
fixtures are capable of providing adequate illumination for security and safety, including, without
limitation, one (1) foot-candles maintained across the surface of the parking area.
Q 0 10. Photographs: One set of subject property photographs (minimum 4" x 6") and surrounding areas
shall be submitted as follows:
A. One panoramic view of each side of the site, if possible.
B. Views of all relevant or unusual features of the site.
a 0
C. Photographs of existing development in the area that may have similar architectural features
proposed (if applicable).
11. Conceptual Landscape Plan: Desert Hot Springs is located in the Sonoran Desert and
consideration shall be given to temperatures, wind, soils, shade, drainage, irrigation systems, and
plant selection. This plan shall be drawn to an engineering scale no smaller than 1" = 50' and shall
include the following:
A. Colored conceptual landscape plan showing all on/off-site plant material, if any, a legend
noting the common and botanical name of all trees, shrubs or ground cover and also indicate
their intended function (e.g., accent trees, street trees, shade trees, screening hedge, etc.),
non -plant material (pavers, gravel, etc.), earthen berms or mounded areas, swales, and/or
basins (indicate height or depth, as applicable), plazas, courtyards, water elements, public
art, wall heights and their general construction materials, common or public open
space/recreation areas, north arrow, scale, project name.
B. Type of full coverage irrigation system (spray, emitter, and/or drip) shall be specified on plan.
C. Details showing all proposed designs for perimeter walls, trash enclosures and other
screening features.
O 0 12. Art in Public Places Program: Comply with the Art in Public Places Ordinance to satisfy the
public art contribution obligation through a public art contribution or through the payment of an
in -lieu fee thereof.
O 0
O 0
O 0
O 0
13. Reductions of all of the above plans in 8.5" x 11" and 11" x 17" size.
14. An electronic copy of all of the above plans in "JPEG" or "PDF" format.
15. Copies of "will serve" letters from the Fire Department and all utility companies.
16. Any Special studies as determined by the Community Development Department.
1.
2.
3.
4.
NOTE: INCOMPLETE APPLICATION SUBMITTALS WILL BE REJECTED.
City of Desert Hot Springs
65950 Pierson Blvd. • Desert Hot Springs, CA 92240
Telephone (760) 329-6411 x 259 www.citvofdhs.org
OFFICE USE ONLY
Case No.
Application Period
(Applicable only to Dispensary Permits)
11/07/14 — 11/21/14
Fee
$5,935.00
Accepted By
MEDICAL MARIJUANA FACILITY
REGULATORY PERMIT APPLICATION
Pursuant to Desert Hot Springs Municipal Code Chapter 5.50
(PLEASE TYPE OR PRINT CLEARLY)
MEDICAL MARIJUANA FACILITY REGULAR PERMIT applications are reviewed and approved administratively by the
city manager or designee pursuant to Chapter 5.50 of the Municipal Code. The purpose of the review is to ensure that the
medical marijuana facility will be conducted in a secure, safe and business -like manner consistent with all applicable local
and state laws, rules and regulations governing the cultivation and distribution of medical marijuana, including without
limitation the Compassionate Use Act as set forth in California Health and Safety Code Section 11362.5, the Medical
Marijuana Program Act as set forth in the California Health and Safety Code Sections 11362.5 through 11362.83, and the
August 2008 Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use.
(—I Check here if requesting a Medical Marijuana Facility Regulatory Permit amendment
n Check here if requesting a Medical Marijuana Facility Regulatory Permit time extension
Check here if requesting a Medical Marijuana Facility Regulatory Permit
PROPOSED USE AND/OR CONSTRUCTION:
Check one only. (Separate application required for each proposed use.)
❑ Check here if for a Medical Marijuana Dispensary (May cultivate up to 99 mature flowering marijuana plants)
❑ Check here if for a Medical Marijuana Cultivation Facility
PROPERTY OWNER CONSENT:
If the property owner is different than the applicant, the property owner's notarized written consent to use the project
location for the above proposed use shall be submitted with the application before the application will be accepted as
complete.
APPLICANT:
Mailing Address: Phone No.
City, State, Zip: E -Mail
*CO -APPLICANT:
Mailing Address: Phone No.
City, State, Zip: E -Mail
*List other Co -Applicants on separate sheet.
*PROPERTY OWNER (if different):
Mailing Address: Phone No.
City, State, Zip: E -Mail
*List other Property Owners on separate sheet.
PROJECT LOCATION:
LEGAL DESCRIPTION (Lot & Tract or A.P.N.):
EXISTING LAND USE OF PROPERTY:
EXISTING ZONING OF PROPERTY:
TYPE OF BUSINESS ORGANIZATION:
Organized as: ❑ Collective ❑ Cooperative
Organized under: ❑ Corporations Code §12201 ❑ Corporations Code §12300
OPERATIONS:
Estimated Number of Patients and Caregivers:
Delivery Service to be provided: 0 Yes 0 No
Hours of Delivery Service:
BY SIGNING THIS APPLICATION, THE APPLICANT(S) HEREBY:
1. REPRESENT(S) THAT APPLICANT(S) HAS REVIEWED THE CONTENTS OF DESERT HOT SPRINGS
MUNICIPAL CODE CHAPTER 5.50 AND ACKNOWLEDGES ITS TERMS AND CONDITIONS;
2. AUTHORIZE(S) THE CITY MANAGER OR DESIGNEE TO SEEK VERIFICATION OF THE INFORMATION
CONTAINED IN THIS APPLICATION;
3. CONSENT(S) TO SUBMITTING TO A FINGERPRINT -BASED CRIMINAL HISTORY RECORDS CHECK
CONDUCTED BY THE DESERT HOT SPRINGS POLICE DEPARTMENT; AND
4. DECLARE(S) UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION CONTAINED IN THIS
APPLICATION AND SUBMITTED HEREWITH IS TRUE AND CORRECT.
NAME OF APPLICANT:
SIGNATURE OF APPLICANT: DATE:
*NAME OF CO -APPLICANT:
*SIGNATURE OF CO -APPLICANT: DATE:
*Include Name and Signature of other Co -Applicants on separate sheet.
*NAME OF PROPERTY OWNER:
(If different from Applicant)
*SIGNATURE OF PROPERTY OWNER: DATE:
NAME OF PROPERTY OWNER:
(If different from Applicant)
SIGNATURE OF PROPERTY OWNER:: DATE:
*Include Name and Signature of other Property Owners on separate sheet.
SUBMITTAL REQUIREMENTS
Yes No
O 0 1. Articles of Incorporation: Proof that applicant has filed or is currently registered with the State of
California as a cooperative or collective pursuant to Corporations Code §12201 or Corporations
Code §12300.
❑ 0 2. Interior Site/Floor Plan: Drawn to scale and fully dimensioned, showing the proposed interior of the
medical marijuana facility medical marijuana facility denoting all the use of areas of the medical
marijuana facility, including public areas, employee areas, doors, windows, storage, cultivation and
dispensing, plus location of odor absorbing air ventilation and exhaust systems
❑ 0 3. Security Plan: Security Plan shall show or provide the following information:
A. Location of security cameras and the areas to be covered by the security cameras.
B. Location of audible interior and exterior alarms.
C. Location of exterior lighting.
D. Name and contact information of Security Company
E. Whether entrances to all dispensing and cultivation areas will be locked and under control of
staff at all times.
F. Name of security guard and proof that security guard is licensed by the California Department
of Consumer Affairs and whether security guard will be present at the medical marijuana facility
during all hours of operation.
G. If the security guard is to be armed, proof that security guard possesses a valid Security Guard
Card and Firearms Permit issued by the California Department of Consumer Affairs.
NOTE: INCOMPLETE APPLICATION SUBMITTALS WILL NOT BE ACCEPTED.
ORDINANCE NO. 539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
CALIFORNIA, ADDING SECTION 17.80.080 OF THE ADELANTO
MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA
CULTIVATION
WHEREAS, the voters of the State of California approved Proposition 215 (codified as
Health and Safety Code Section 11362.5 and entitled "The Compassionate Use Act of 1996").
The intent of Proposition 215 was to ensure that seriously ill Californians have the right to obtain
and use marijuana for medical purposes where that medical use is deemed appropriate and has
been recommended by a physician, and to ensure that patients and their primary caregivers who
obtain and use marijuana for medical purposes upon the recommendation of a physician are not
thereby subject to criminal prosecution or sanction. The Act further provides that "nothing in
this section shall be construed to supersede legislation prohibiting persons from engaging in
conduct that endangers others, or to condone the diversion of marijuana for non-medical
purposes." The State enacted SB 420 in 2004 (codified as Health and Safety Code Section
11362.7 et seq.) to clarify the scope of The Compassionate Use Act of 1996, facilitate the prompt
identification of qualified patients and primary caregivers, avoid unnecessary arrest and
prosecution of these individuals, provide needed guidance to law enforcement officers, promote
uniform and consistent application of the Act, and enhance the access of patients and caregivers
to medical marijuana through collective, cooperative cultivation projects and to allow local
governing bodies to adopt and enforce rules and regulations consistent with SB 420; and
WHEREAS, Health and Safety Code section 11362.83 provides that local governments
are free to adopt laws that are consistent with State law, and as such, it is up to each jurisdiction
to decide if it will allow medical cannabis cooperatives or collectives, in what zones, and under
what regulations; and
WHEREAS, In August 2008, the Attorney General of the State of California set forth
Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use
("Guidelines"); and
WHEREAS, the California Supreme Court empowers local incorporated cities and
counties to enact laws or regulations pertaining to medical marijuana cultivation, dispensing,
manufacturing, or distribution pursuant to city zoning powers that the city or counties governing
body allows which including either expanding and allowing such activity within its city zoning
area or can restrict, ban or prohibit within its zoning area; and
WHEREAS, the State of California recently adopted AB 243, AB 266, and SB 643 to
clarify legal requirements pertaining to medical marijuana; and
WHEREAS, the City of Adelanto ("City") wishes to comply with California Law ("State
law") and allow for cultivation of medical marijuana; and
11.23.15
WHEREAS, it is the purpose and intent of this Chapter to regulate medical marijuana in a
manner that is consistent with State law and which promotes the health, safety, and general
welfare of the residents and businesses within the incorporated City and limits impacts
associated with marijuana cultivation; and
WHEREAS, the City intends to be on the forefront in the field of medical cannabis.
Scientific research, studies and data has established that cannabis helps patients with a vast array
of medical conditions that affect the vast majority of human beings across the globe; and
WHEREAS, nothing in this Section shall be construed to allow persons to engage in
conduct that endangers others or causes a public nuisance as defined herein, allow the use or
diversion of marijuana for nonmedical purposes, or allow any activity relating to the cultivation,
distribution or consumption of marijuana that is otherwise illegal under California State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES
ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Section 17.80.080 (Cultivation of Medical Marijuana) is hereby added to
the City Municipal Code is to read in its entirety as follows:
Section 17.80.080 Cultivation of Medical Marijuana
(a) The purpose and intent of this Section is to regulate the cultivation of medical
marijuana that is grown in accordance with State law in order to promote the
health, safety, morals, and general welfare of the residents and businesses within
the City.
(b) For purposes of this Section, the following definitions shall apply, unless the
context clearly indicates otherwise:
(1) "City" means the City of Adelanto, California, a Charter Law City.
(2) "City Manager" means the individual duly appointed by a majority of the
City Council of the City to serve in the capacity as executive officer of the
City on a permanent or interim basis.
(3)
"Cultivation" or "marijuana cultivation" means cultivation of medical
cannabis and industrial hemp either indoor or within external greenhouses.
(4) "Fully enclosed and secure structure" means a space within a building,
greenhouse or other structure which has a complete roof enclosure
supported by connecting walls extending from the ground to the roof,
which is secure against unauthorized entry, provides complete visual
screening, and which is accessible only through one or more lockable
doors and inaccessible to minors.
11.23.15
(5) "Indoors" means within a fully enclosed and secure structure.
(6) "Medical Marijuana" and "Medical Cannabis" are defined in strict
accordance with California Health and Safety Code section 11362.5 and
11362.8 et seq.
(7)
"Outdoors" means any location within the City that is not within a fully
enclosed and secure structure. '
(8) "Permit" means a permit to own, operate and manage a Medical Marijuana
facility for cultivation purposes only, pursuant to the terms and conditions
of this Ordinance.
(9)
"Permitee" means an applicant who has applied for and has been issued a
Permit by the City for a Medical Marijuana Cultivation Permit pursuant to
the terms and conditions of this Ordinance.
(10) "Primary caregiver" means a "primary caregiver" as defined in Section
11362.7(d) of the Health and Safety Code, as may be amended from time
to time.
(11) "Qualified patient" means a "qualified patient" as defined in Section
11362.7(0 of the Health and Safety Code.
(c) All outdoor cultivation of marijuana within the City is prohibited. It is hereby
declared to be unlawful and a public nuisance for any person owning, leasing,
occupying, or having charge or possession of any parcel within any zoning district
in the City to cause or allow such parcel to be used for the outdoor cultivation,
manufacture, or research of marijuana.
(d) It is hereby declared to be unlawful for any person owning, leasing, occupying, or
having charge or possession of any property in the City to cause or allow such
property to be used for the indoor cultivation of marijuana plants within a fully
enclosed and secure structure on the property, except as provided in subsections
(d)(1) and (d)(2) of this section.
(1)
Indoor Cultivation Standards. Indoor Medical Marijuana Cultivation,
within the City, shall be in conformance with the following standards:
A. Indoor Medical Marijuana Cultivation shall only be considered
upon application and approval of a Marijuana Cultivation Permit in
accordance with the criteria and process set forth in this Section.
B. Indoor Medical Marijuana Cultivation is a conditionally permitted
use only on property within the Manufacturing/Industrial (MI)
zoning designation in the Industrial Park (the "Cultivation Zone").
No Medical Marijuana Cultivation shall be established, developed,
or operated within two thousand five hundred (2,500) feet of a
11.23.15
school, public playground or park, child care or day care facility,
youth center, or church. All distances shall be measured in a
straight line, without regard to intervening structures, from the
nearest point of the building or structure in which the Medical
Marijuana Cultivation is, or will be located, to the nearest property
line of those uses describe in this Subsection.
C. Indoor Medical Marijuana Cultivation is allowed only within fully
enclosed and secure structures inaccessible to minors.
D. Indoor Medical Marijuana Cultivation shall not exceed the square
footage authorized pursuant to the Conditional Use Permit.
E. From a public right-of-way, there shall be no exterior evidence of
Indoor Medical Marijuana Cultivation.
F. Indoor Medical Marijuana Cultivation shall not adversely affect
the health or safety of the nearby residents by creating dust, glare,
heat, noise, smoke, traffic, vibration, or other impacts, and shall
not be hazardous due to use or storage of materials, processes,
products or wastes.
G. The number of Medical Marijuana Cultivation Permits shall be
limited to those that may be reasonably accommodated within the
Cultivation Zone, as defined in B, above.
H. The Medical Marijuana Cultivation facility shall comply fully with
all of the applicable restrictions and mandates set forth in state law,
including without limitation the Attorney General Guidelines. The
Medical Marijuana Cultivation facility shall comply with all size
requirements for such facilities imposed by State law. The
Medical Marijuana Cultivation facility shall not engage in any
activities not allowed at cultivation facilities pursuant to State law.
The Medical Marijuana Cultivation facility shall comply with all
horticultural, labelling, processing, and other standards required by
State law.
I. There is no set restriction on the hours of operation of a Medical
Marijuana Cultivation facility; however one may be established as
a condition of approval of the Conditional Use Permit.
J. Marijuana shall be kept in a secured manner during business and
nonbusiness hours.
K. All Medical Marijuana Cultivation facilities shall operate within a
legal structure compliant with all applicable laws of the State of
California.
11.23.15
L. Any Medical Marijuana Cultivation facility must pay any
applicable sales tax pursuant to federal, state, and local law. The
facility shall be established as a "point of sale" within the City for
sales tax purposes.
M. On-site smoking, ingestion, or consumption of marijuana or
alcohol shall be prohibited on the premises of the Medical
Marijuana Cultivation facility. The term "premises" as used in this
Subsection includes the actual building, as well as any accessory
structures and parking areas. The building entrance to a Medical
Marijuana Cultivation facility shall be clearly and legibly posted
with a notice indicating that smoking, ingesting, or consuming
marijuana on the premises or in the vicinity of the facility is
prohibited.
N. Signage for the Medical Marijuana Cultivation facility shall be
limited to name of business only and in compliance with the City's
sign code, and no advertising of companies, brands, products,
goods and/or services shall be permitted. Signage shall not include
any drug-related symbols.
O. Alcoholic beverages shall not be sold, stored, distributed, or
consumed on the premises. A Medical Marijuana Cultivation
facility shall not hold or maintain a license from the State
Department of Alcohol Beverage Control to sell alcoholic
beverages, or operate a business that sells alcoholic beverages. In
addition, alcohol shall not be provided, stored, kept, located, sold,
dispensed, or used on the premises of the Medical Marijuana
Cultivation facility.
P. Physician services shall not be provided on the premises.
"Physician services" does not include social services, including
counseling, help with housing and meals, hospice and other care
referrals which may be provided on site.
Q.
The building in which the Medical Marijuana Cultivation facility is
located as well as the operations as conducted therein shall fully
comply with all applicable rules, regulations, and laws including,
but not limited to, zoning and building codes, the City's business
license ordinances, the Revenue and Taxation Code, the Americans
with Disabilities Act, and the Compassionate Use Act. Compliance
with all requirements of state law pertaining to cultivation of
marijuana as such state laws are amended is also required.
R. The Medical Marijuana Cultivation facility shall not distribute,
sell, dispense, or administer marijuana out of its facility to the
11.23.15
public. A Medical Marijuana Cultivation facility shall not be
operated as a medical marijuana dispensary.
S. Provide the City Manager with the name, phone number, facsimile
number, and email address of an on-site community relations or
staff person or other representative to whom one can provide
notice if there are operating problems associated with the Medical
Marijuana Cultivation facility. The Medical Marijuana Cultivation
facility shall make every good faith effort to encourage residents to
call this person to try to solve operating problems, if any, before
any calls or complaints are made to the police or planning
departments.
T. Any and all Permits permitting the operation of a Medical
Marijuana Cultivation facility shall expire and be null and void
twelve (12) months after issuance to the Permitee, unless otherwise
extended by the City Manager, in writing.
U. Permitee shall account for job creation in the City and shall
commit to employing a workforce that resides in the City. A
minimum of fifty percent (50%) of all employees employed by the
Permitee at the cultivation facility, pursuant to this Permit, shall be
residents of the City. Permitee shall use good faith efforts to
comply with this subsection.
(2) Marijuana Cultivation Permit. Prior to initiating operations and as a
continuing requisite to conducting operations, the legal representative of
the persons wishing to obtain a Marijuana Cultivation Permit shall obtain
said permit from the City Manager under the terms and conditions set
forth in this Section. The legal representative shall file an application with
the City Manager upon a form provided by the City and shall pay a filing
fee as established by resolution adopted by the City Council as amended
from time to time. An application for a Marijuana Cultivation Permit shall
include, but shall not be limited to, the following information:
A. An estimate of the size of the Indoor Medical Marijuana
Cultivation facility.
B. The address of the location for which the Marijuana Cultivation
Permit is sought.
C. A site plan and floor plan of the premises denoting all the use of
areas on the premises, including storage, cultivation areas, lighting,
signage, etc.
D. A security plan including the following measures:
11.23.15
1. Security cameras shall be installed and maintained in good
condition, and used in an on-going manner with at least 120
concurrent hours of digitally recorded documentation in a
format approved by the City Manager. The cameras shall
be in use 24 hours per day, 7 days per week. The areas to
be covered by the security cameras include, but are not
limited to, the storage areas, cultivation areas, all doors and
windows, and any other areas as determined by the City
Manager;
2. The facility shall be alarmed with an alarm system that is
operated and monitored by a recognized security company;
3. Entrance to the cultivation area and any storage areas shall
be locked at all times, and under the control of staff of the
cultivation facility;
4. The entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the
City's lighting standards regarding fixture type, wattage,
illumination levels, shielding, etc., and secure the necessary
approvals and permits as needed; and
5. All windows on the building that houses the cultivation
facility shall be appropriately secured and all marijuana
securely stored, and a reliable, commercial alarm system
shall be installed and maintained.
E. The name and address of any person who is managing or
responsible for the Indoor Medical Marijuana Cultivation
activities, and the names and addresses of any employees, if any,
and a statement as to whether such person or persons has or have
been convicted of a crime(s), the nature of such offense(s), and the
sentence(s) received for such conviction(s).
F. The name and address of the owner and lessor of the real property
upon which the Indoor Medical Marijuana Cultivation is to be
conducted. In the event the applicant is not the legal owner of the
property, the application must be accompanied with a notarized
acknowledgement from the owner of the property that a Medical
Marijuana Cultivation Facility will be operated on his/her property.
G. Authorization for the City Manager to seek verification of the
information contained within the application.
11.23.15
H. Evidence that the Indoor Medical Marijuana Cultivation facility is
organized in a legal structure compliant with all applicable laws of
the State of California.
I. A statement in writing by the applicant that he or she certifies
under penalty of perjury that all the information contained in the
application is true and correct.
J. Any such additional and further information as is deemed
necessary by the City Manager to administer this Section.
K. The City Manager shall conduct a background check of any
applicant seeking a Permit, including any person who is managing
or is otherwise responsible for the activities of the cultivation
facility, and any employee at the cultivation facility ("Applicant's
Agents"), and shall prepare a report on the acceptability of the
applicant and the Applicant's Agents background and the
suitability of the proposed location. Upon completing the review
process, the City Manager may issue a Permit to any applicant that
meets all the City requirements for said Permit, unless the City
Manager finds that:
1. The applicant has made one or more false or misleading
statements, or omissions on the application or during the
application process;
2. The proposed Indoor Medical Marijuana Cultivation
facility is not allowed by state or local law, statue,
ordinance, or regulation, including this Code, at a particular
location;
3. The applicant is not a Primary Caregiver or Qualified
Patient or the legal representative of the Indoor Medical
Marijuana Cultivation facility;
4. The applicant, or any person who is managing or is
otherwise responsible for the activities of the Indoor
Medical Marijuana Cultivation facility, or any employee, if
any, has been convicted of a felony, or convicted of a
misdemeanor involving moral turpitude, or the illegal use,
possession, transportation, distribution or similar activities
related to controlled substances, with the exception of
marijuana related offenses for which the conviction
occurred prior to passage of Compassionate Use Act. A
conviction within the meaning of this section means a plea
or verdict of guilty or a conviction following a plea of nolo
contendere;
11.23.15
5. The applicant, or any person who is managing or is
otherwise responsible for the activities of the Indoor
Medical Marijuana Cultivation facility has engaged in
unlawful, fraudulent, unfair, or deceptive business acts or
practices; or
6. The applicant has not satisfied each and every requirement
of this Section.
L. Based on the information set forth in the application and the City
Manager's report, the City Manager may impose reasonable terms
and conditions on the proposed operations in addition to those
specified in this Section.
M. The City Manager will accept applications for Medical Marijuana
Cultivation Permits during a thirty (30) day period after adoption
(Second Reading) of this Ordinance. Such thirty (30) day time
period plus an additional seven (7) days to complete the reviews
and the preparation of the reports called for in this Section shall be
deemed the "Application Period." Applications that have been
determined to be qualified by the City Manager during the
Application Period shall be considered by the City Manager for
ultimate review and consideration. The City Manager shall rank
all qualified applications in order of those that best satisfy the
requirements of this Section and provide the highest level of
service and opportunities for residents of the City based on the
requirements of this Section and the following criteria: 1) the
operations plan for the facility; 2) the security plan for the facility;
3) the experience of the operators of the facility; 4) the adequacy of
capitalization for the facility and operation; and 5) the employment
and other public benefits to the City. The City Manager may issue
a reasonable number of Medical Marijuana Cultivation Permits, as
determined by the City Manager, in his or her exclusive discretion,
pursuant to the terms and conditions of this Ordinance, provided
the number of Permits may be reasonably accommodated within
the Cultivation Zone, as defined herein. Within thirty (30) days
after issuance of Medical Marijuana Cultivation Permits, the City
Manager shall submit a written report to the City Council stating
which applicants were issued Medical Marijuana Cultivation
Perm its.
N. The obligations of the Indoor Medical Marijuana Cultivation
facility, including all on-going and continuing obligations required
pursuant to any provision of this Section or as may be provided in
any conditional approval of the City Manager, shall be set forth in
a covenant running with the land or the leasehold interest,
approved as to form by the City Attorney, and enforceable by the
11.23.15
City. Such covenant shall also provide that the Indoor Medical
Marijuana Cultivation facility shall annually provide to the City
Manager an updated application containing the information
contained in Subsection (d)(2)A-J. To the fullest extent permitted
by law, the City shall not assume any liability whatsoever, and
expressly does not waive sovereign immunity, with respect to
medical marijuana, or for the activities of any Indoor Medical
Marijuana Cultivation facility. Upon receiving possession of a
Medical Marijuana Cultivation Permit as provided in this Section,
the facility shall:
1. Execute an Indemnification Agreement, prepared by the
City, wherein, among other things, Permitee shall fully
indemnity the City for any and all litigation that may arise
in furtherance of this Ordinance;
2. Carry insurance in the amounts and of the types that are
acceptable to the City Manager;
3. Name the City as an additionally insured;
4. Agree to defend at its sole expense, any action against the
City, its agents, officers, and employees because of the
issues of such approval; and
5. Agree to reimburse the City for any court costs and
attorney fees that the City may be required to pay as a
result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such
action, but such participation shall not relieve the operator
of its obligation hereunder.
O. All Medical Marijuana Cultivation facilities shall be required to
enter into an agreement with the City that fully reimburses the City
for all costs of the City resulting from the existence of such
facilities in the City and provides the City with revenue to offset
the potential deleterious effects of the location of Medical
Marijuana Cultivation facilities within the jurisdiction of the City.
P. Enforcement
1. Recordings made by the security cameras shall be made
available to the City Manager upon verbal request; no
search warrant or subpoena shall be needed to view the
recorded materials;
11.23.15
2. The City Manager, or the City Manager's designee, shall
have the right to enter the Indoor Medical Marijuana
Cultivation facility from time to time unannounced for the
purpose of making reasonable inspections to observe and
enforce compliance with this Section and all laws of the
City and State of California;
3. Operation of the cultivation facility in non-compliance with
any conditions of approval or standards of this Section shall
constitute a violation of the Municipal Code and shall be
enforced pursuant to the provisions of this Code;
4. The City Manager may revoke a Medical Marijuana
Cultivation Permit if any of the following, singularly or in
combination, occur:
(a) The City Manager determines that the Indoor
Medical Marijuana Cultivation facility has failed to
comply with this Section, any condition or
approval, or any agreement or covenant as required
pursuant to this Section;
(b) Operations cease for more than 90 calendar days,
including during change of ownership proceedings;
(c) Ownership of the Medical Marijuana Cultivation
facility is changed or transferred to third party;
(d) The Indoor Medical Marijuana Cultivation facility
fails to maintain 120 hours of security recordings;
or
(e) The Indoor Medical Marijuana Cultivation facility
fails to allow inspection of the security recordings,
the activity logs, or of the premise by authorized
City officials.
5. Any decision regarding the revocation of a Medical
Marijuana Cultivation Permit may be appealed to an
independent neutral, third party, appointed by the City
Manager (the "Neutral"). Said appeal shall be made by a
notice of appeal from the person appealing within thirty
(30) days from the date of the decision. The appeal shall be
accompanied by a fee, which shall be established by
resolution of the City Council amended from time to time,
and a written, verified declaration setting forth the basis for
the claim that the Permit was improperly approved, denied,
11.23.15
Q.
conditioned or revoked. The appeal decision rendered by
the Neutral shall be binding upon the City and the
appellant.
Any and all permits, rights or entitlements permitting the operation
of a Medical Marijuana Cultivation facility shall expire and be null
and void twelve (12) months after issuance to each respective
Permitee, unless otherwise extended by the City Manager. Unless
extended, upon the conclusion of the twelve (12) month time
period, Medical Marijuana Cultivation facilities for the expired
Permitee shall be a prohibited use and any rights obtained pursuant
to this Section or any other rules or agreements shall cease as to
the respective Permitee.
R. Medical Marijuana Cultivation Permit issued pursuant to this
Section is not transferable to a third party by the applicant, under
any circumstances.
S. Oversight Committee. The City shall create an Oversight
Committee to oversee activities of the Permitee(s) to ensure that all
applicable local, state, and federal laws are in compliance, and to
assure that all restrictive covenants of this Ordinance are enforced,
and that no illegal activity is conducted on the premises. The
City's Oversight Committee shall have full authority to review all
proposed applications, applicants, business proposals, fmancial
resources, merit and overall business plan when deciding to which
entities will receive the proposed Permit as outlined herein. The
Oversight Committee shall be appointed by the City Council and
shall consist of five (5) total members with one (1) member from
code enforcement, one (1) member from planning, and three (3) at -
large appointments. The City's Oversight Committee shall be
assembled and shall take effect on or after January 1, 2016.
Section 3. Recognizing that there is a potential conflict between Federal and State
law, it is the City Council's intention that this Chapter shall be deemed to comply with Califomia
law as established by the "Compassionate Use Act" (codified as Health and Safety Code §
11362.5 et seq.), the Medical Marijuana Program Act" (codified as Health and Safety Code §
11362.7 et seq.), and all other State laws and regulations pertaining to medical marijuana.
Section 4. The City Council determines that it is in the best interest of the residents
of the City to allow cultivation facilities that comply with the Guidelines to be established and
operated as permitted uses within certain areas of the City subject to the regulations and
restrictions provided in this Ordinance. It is the City Council's intention that nothing in this
Chapter shall be construed to:
1. Allow persons to engage in conduct that endangers others or causes a public nuisance;
11.23.15
2. Allow the use of marijuana for non-medical purposes of any kind; or
3. Allow any activity relating to the cultivation, distribution, or consumption of marijuana
that is otherwise not permitted under State law.
Section 5. The City Council finds that the actions contemplated by this Ordinance are
exempt from the California Environmental Quality Act pursuant to Section 15061 (b) (3) and
15305 of the Guidelines, in that the amendment does not have the potential for causing a
significant effect on the environment.
Section 6. No use, business, or activity of any kind which distributed or cultivated
marijuana prior to the enactment of this ordinance shall be deemed to have been a legally
established use under the provisions of the Zoning Code and such use shall not be entitled to
claim legal nonconforming status.
Section 7. If any section or provision of this Ordinance is for any reason held to be
invalid, unconstitutional, illegal or unenforceable by any court of competent jurisdiction, or
contravened by reason or preemptive legislation, then such section or provision shall be severed
and shall be inoperative, and the remainder of this Ordinance shall remain in full force and
effect.
Section 8. By the regulation of Indoor Medical Marijuana Cultivation facilities, the
City is seeking to preserve the general welfare through the implementation of the Compassionate
Use Act. The City Council is not assuming, nor is it imposing on its officers and employees, an
obligation for which a breach thereof would expose the City to a liability m money damages, or
otherwise, to any person who claims that such breach proximately caused injury. To the fullest
extent permitted by law, the City shall assume no liability whatsoever, and expressly does not
waive sovereign immunity, with respect to any provision of this Ordinance or for the activities of
any Indoor Medical Marijuana Cultivation facility. To the fullest extent permitted by law, any
actions taken by a public officer or employee under the provisions of this Chapter shall not
become a personal liability of any public officer or employee of the City. Nothing in this
Ordinance shall be deemed or considered in any respects to constitute authorization to violate
any state or federal law.
Section 9. The Mayor shall sign and the City Clerk shall certify passage and adoption
of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions
of law in this regard, and this Ordinance shall take effect thirty (30) days after its final passage.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF NOVEMBER, 2015.
Rich Kerr
Mayor, City of Adelanto
11.23.15
Cindy Herrera, MMC, City Clerk
APPROVED AS TO FORM:
Julia Sylva, Interim City Attorney
11.23.15
I, Cindy Herrera, City Clerk of the City of Adelanto, California, do hereby certify that the
foregoing Ordinance No. 539 was duly introduced for the first reading on the 18`h day of
November, 2015 and adopted at an adjourned regular meeting of the City Council of the City of
Adelanto on this 23rd day of November, 2015, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City
of Adelanto on this 23`d day of November, 2015.
Cindy Herrera, MMC
City Clerk
SEAL
11.23.15
Development Services Department
MEDICAL MARIJUANA CULTIVATION APPLICATION
APPLICATION FEE $7,000
Case Number
Date
I.
Collective/Cultivation Application Information
Name of Medical Marijuana Cultivation: The Adelanto Grow Project Inc.
Applicant entity Structure: • Corporation
❑ Unincorporated Association
0 Other (describe):
IL
Location/ Property Information
Medical Marijuana Cultivation Address:
+1- 4.68 Acres of Vacant Land on Muskrat Ave.
Assessor's Parcel Number (APN): 0459-681-14
Zip Code: 92301
Approximate Size of Cultivation Facility: Multi -Phased Expansion (Explained in Cultivation and security Pian)
III.
Collective Primary Contact
Contact Person (please print): Harold W. Gibbs 11
Address:
City: State: California Zip:
Telephone: (602) 821-5475 E-mail: Hgibbsctheadelantogrowproject.com
Mobile: (
APPLICATION FOR CULTIVATION PERMIT
IV.
Property Owner Information
Recorded Owner: Jay A Runge
Address:
City:
Telephone:
State: CA Zip:
Mobile: (
V.
Criminal Convictions
Please list any Felony Criminal Conviction or Misdemeanor Conviction Involving Moral Turpitude, or
the Illegal Use, Possession, Transportation, Distribution or Similar Activities Related to Controlled
Substances, with the Exception of Marijuana Related Offenses for which the Conviction Occurred
Prior to the Passage of the Compassionate Use Act. Please list Offense, Date of Offense & Conviction,
and City in which Conviction Occurred.
1. Not Applicable
2.
3.
4.
5.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 2
APPLICATION FOR CULTIVATION PERMIT
VI.
Unfair Business Practices
For Any Applicant or Managing Member, Please List Any and All Unlawful, Fraudulent, Unfair, or
Deceptive Business Acts or Practices.
1. Not Applicable
2.
3.
4.
5.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 - www.ci.adelanto.ca.us
Page 3
APPLICATION FOR CULTIVATION PERMIT
APPLYING AS A CORPORATION
Check Appropriate Box: ■Nonprofit ENot-For-Profit ❑For -Profit
Name of Corporation: The Adelanto Grow Project Inc.
Cal. Sec. of State Corp. Identification No.: 3849676
Federal Tax Identification No.:
Date of Incorporation: December 14, 2015
Place of Incorporation: Sacremento, California
Location of Corporate Headquarters: 12127 Mall Blvd Suite A-224 Victorville, CA 92392
Is this a Mutual Benefit Corporation? Wes ENO
Are all members of the corporation Qualified Patients and Designated Primary Caregivers of the
Qualified Patient members? ❑Yes Flo
Will the applicant have non -applicant -members provide employment services at the Medical
Marijuana Cultivation on behalf of the applicant? Wes QNo
If "Yes," identify the person(s), describe the proposed services, and include whether the person(s) will
be paid by the applicant as an employee: Please reference the "Statement A" located on the following
page for a detailed response
Please provide the first name, middle initial, Last name; address; title; function(s) performed; and
phone number(s) for each Medical Marijuana Cultivation Permit applicant corporate officer: (Attach
additional pages to the application if necessary.)
Name Title Address Phone
Harold W Gibbs II President/CEO 140 E Rio Solado Pkwy Unit 501 Tempe, AZ 85281 602-821-5475
Joya Monteiro COO/On-Site Manager 14594 King Canyon Rd Victorville, CA 92392 760-440-5422
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 4
Attachment A
If "Yes," identify the person(s), describe the proposed services, and include whether
the person(s) will be paid by the applicant as an employee.
The Adelanto Grow Project ("AGP" or the "Applicant") intends to utilize the
professional services of the BNSC Management Company. The role of the
Management Company will be to act as consultant/business advisor. Services
include but are not limited to the following:
General Short-term and Long-term Strategic Planning and Development
formulated to minimize risk and maximize potential;
Market Assessment;
Efficiency Assessments of the AGP's operations to pinpoint the Company's
Strengths, Weaknesses, Opportunities and Threats and developing Protocols
based upon the analysis; and
Regulatory compliance tracking updates and protocol modifications.
Compensation for the Management Company's services will be fully addressed
within the Management Services Agreement.
The AGP seeks to utilize non -management members to staff several of the
employment positions, identified and described, in its Statement of Employment.
When outside hiring occurs the AGP will pay those individuals as employees.
APPLICATION FOR CULTIVATION PERMIT
ADELANTO PROPERTY OWNER/LANDLORD USE DISCLOSURE &
AUTHORIZATION FOR A MEDICAL MARIJUANA CULTIVATION FACILITY
I Fairway Venture Group, LLC , am th sal owne landlord / lessor of real
(Name of Property Owner/Landlord) --(' ircle Appropriate Term)
property located at Vacant Land Muskrat (APN: 0459-681-14) , in Adelanto, California.
(Address of Property)
1 hereby authorize the Medical Marijuana Cultivation Collective facility entitled
The Adelanto Grow Project Inc. , to use this property as a Medical
(Name of the Corporation, Individual or Business)
Marijuana Cultivation Facility, as that term is defined in state law and the City of
Adelanto Municipal Code/Ordinance 539, for the specific use of a Medical Marijuana
Cultivation facility.
W
I--
t� •d
Jay Runge Man/ -5-- LU �"�
(Si' at o legal owner/I. . ord/lessor) (PrintedName I TitMember (I ,te)� C..) t—
F--
I~— W
U
(Signature of legal owner/landlord/lessor) (Printed Name & Title) (Date) >--
W t:
Lt.IQ
Cf) 1.—..
(Signature of legal owner/landlord/lessor) (Printed Name & Title) (Date) O
This authorization may be executed in two or more counterparts, each of which shall be deemed an
original, and all of which taken together shall constitute one and the same instrument. Facsimile
signature(s) shall be deemed the equivalent of original signatures.
I declare under penalty of perjury that the foregoing information is true and correct. Executed
this 15 day of December 2015, at Adelanto, California.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 5
alb,'N ,ti...r.IJ't ...il 1. \Y�.1.{rl.•.\1t.Y1.),i.�..i,.,.IH.rfi�ll. l,,. .•. WL3.\I�'�-L ai._l\\,i\.1 JOIN• -!'.1t N\fY. 1.1:IH:1{It.\•Y.r
11:\I'�
California All -Purpose Certificate of 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 California1
County of c�RNT19 0_, M
G
s.s.
On DEG. 15th- 20l5 before me, IDEM M.
0.0RTEZ, NorAR`r Po6L1 C-
Name of Notary?ublic. Title
personally appeared TAY RUNGG
Name of Signer (1)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person whose name(0)
a are subscribed to the within instrument and acknowledged to me than she/they executed
the same in eiher/their authorized capacity(is), and that bO/her/their signature,(.) on the
instrument the person(,, or the entity upon behalf of which the persorj acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is x,3.1.„. NOEMI M. CORTEZ
true and correct. , ..... , Commission # 2071787
1 ` ' , Notary Public - California
WITNESS my hand and official seal. Z;x; Santa Clara County
M Comm. Ex •res Jun 19, 2018
44'714Seal
4
z
=
Signature of Notary Publ.
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description t
Attached
of Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a
Method of Signer Identification
document titled/for the purpose of
x COLT/ Oti Pmed
- PM-IC/MON Fpit�T/ R / T
Proved to me on the basis of satisfactory evidence:
YJ rm(s) of identification ■ credible witness(es)
containing 5 pages, and dated 12 / I S / % S
Notarial event is detailed in notary
': The signer(s)capacity or authority is/are as:
journal on:
Page # 2.1 Entry #
r
i ❑ Indivdual(s)
❑
Notary contact< (4SO) 9' . 011 /
Attomey-in-fact
❑ Corporate Officer(s)
other
Trtle(s)
• Additional Signer ❑ Signer(s) Thumbprints(s)
❑
1
Guardian/Conservator
0 Partner -Limited/General
0 Trustee(s)
0 Other:
representing:
Nar w1} or Persorl s) Enhity(s) Si7Ise, is Representing
ti-.
2009-2015 Notary Learning Center - All Rights Reserved
You can purchase copies of this form from our web site at www.TheNotarysStore.com
APPLICATION FOR CULTIVATION PERMIT
ACKNOWLEDGEMENT OF CULTIVATION OPERATING STANDARDS AS SET
FORTH IN ADELANTO ORDINANCE 539.
The undersigned Management Members, on behalf of the herein Medical Marijuana Cultivation
Permit applicant, The Adelanto Grow Project Inc. declare under penalty of perjury that
they have read and understand the attached provisions of Adelanto Ordinance 539. and shall,
collectively and individually, ensure that neither the Medical Marijuana Collective nor its members
and Management Members shall engage in the following activity that violates the Operating
Conditions set forth in Adelanto Ordinance 539, which states in relevant part that no Medical
Marijuana Collective shall:
(A) Only operate at a location zoned by the City of Adelanto.
(B) Operate only on a property within the Manufacturing/Industrial (M1) zoning designation in the
Industrial Park and not within a 2,500 foot radius of a school, pubic playground or park, child
care or day care facility, youth center, or church.
(C) Fully Enclosed and Secure Facility. The Medical Marijuana cultivation facility shall be fully
enclosed and secure structure. All marijuana shall be kept in a secured manner during business
and non -business hours. Entrance to the facility shall be locked at all times, and under control
of staff of the cultivation facility.
(D) Alarm. The facility shall be secured with an alarm system and monitored by a recognized
security company.
(E) No Distribution to the Public. The medical marijuana cultivation facility shall not distribute,
sell, dispense, or administer marijuana out of its facility to the public. The medical marijuana
cultivation facility shall not be operated as a dispensary.
(F) No Visible Cultivation. No cultivation of Medical Marijuana at the Property shall be visible
with the naked eye from any public or other private property, nor shall cultivated Medical
Marijuana or dried Medical Marijuana be visible from the building exterior. No cultivation
shall occur at the Property unless the area devoted to the cultivation is secured from public
access by means of a locked gate and any other security measures necessary to prevent
unauthorized entry.
(G) No Adverse Effects. The Medical Marijuana facility shall not adversely affect the health or
safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or
other impacts, and shall not be hazardous due to use or storage of materials. processes,
products or wastes.
(H) Legal Compliance with State and City Laws. The Medical Marijuana Cultivation facility shall
comply fully with all of the applicable restrictions and mandates set forth in state law,
including without limitation the Attorney General Guidelines the medical marijuana facility
shall comply with all size requirements for such facilities imposed by state law_ The facility
shall not engage in any activities not allowed at cultivation facilities pursuant to State law. The
facility shall comply with all horticulture, labeling, processing, and other standards required by
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto,ca.us
Page 6
(1)
(J)
APPLICATION FOR CULTIVATION PERMIT
State law. The building in which the facility is located shall fully comply with all applicable
rules, regulations, and laws of the City and State.
Legal Structure. The medical marijuana facility shall operate within a legal structure compliant
with all laws of the State of California.
No Onsite Consumption. On site smoking, ingestion, or consumption of marijuana or alcohol
shall be prohibited on the premises of the medical marijuana cultivation facility. Moreover,
the building entrance to the Medial Marijuana Cultivation facility shall be clearly and legibly
posted with a notice indicating that smoking, ingesting, or consuming marijuana on the
premises or in the vicinity is prohibited.
(K) Signage. Signage for the Medical Marijuana Cultivation facility shall be limited to the name of
the business only and shall be in compliance with the city's sign code, and no advertising or
companies, brands, products, goods and/or services shall be permitted. Signage shall not
include any drug-related symbols.
(L) No Alcohol. No alcohol shall be sold, stored, distributed or consumed on the premises.
(M) Physician Services. Physician services shall not be provided on the premises of the facility.
(N) Storage of Marijuana. No dried medical marijuana shall be stored at the property in structures
that are not completely enclosed, in an unlocked vault or safe, in any other unsecured storage
structure, or in a safe or vault that is not bolted to the floor of the Property.
(0) insurance. The Medical Marijuana Cultivation facility agrees to carry insurance in an amount
acceptable to the City. The facility also agrees to name the City of Adelanto as an additionally
insured.
(P) Operate with insufficient odor absorbing ventilation and exhaust systems;
(Q) Operate without a quality closed circuit security camera with not less than thirty days of
storage;
We, Fairway Venture Group, LLC
and Harold W. Gibbs 11
(Printed Name of Property Owner) (Printed Name of Collective/Cooperative Operator)
collectively acknowledge that we have been provided a copy of the Medical Marijuana Cultivation
Facility operating standards listed in the City of Adelanto Ordinance 539. We further acknowledge
that we have read, understand, and shall ensure compliance with the aforementioned operating
standards and all applicable provisions of the City of Adelanto Ordinance 539 at the medical
marijuana cultivation facility entitled The Adelanto Grow Proiect Inc.
(Name of Collective/Cultivation facility listed on the application)
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 7
APPLICATION FOR CULTIVATION PERMIT
We certify under penalty of perjury that the foregoing information is true and correct.
Executed this 15 day of December , 2015 in Adelanto, California.
(Day) (Month)
e� --/q)//t9.4 n 9 MI)/4 eI
gn re o Property caner PGinted Name'and itle
Harold W. Gibbs II President/CEO
Signa ure of Cultivation/Collective Operator Printed Name and Title
SEE ATTACHED
NOTARY CERTIFICATE
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adeianto.ca.us
Page 8
t t'n .r�a.1.1:L �.: �11L\•r_fi'w�.��. Llj2r!1LL
\.r1.1
"' \r'ia �'rr1a11�I rt, l h: i'
California All -Purpose Certificate of 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 S1INTA (?LARK
On Dec. t5± 2O1S
personally appeared
S.S-
before me, IV4a-7i 14- CORTEZ, NOTA-R)Pu&i .
Name of Notary Public. Title
jflY RUN
Name of Signer (11
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person ., whose name(,
&Dare subscribed to the within instrument and acknowledged to me tha 4 he/they executed
the same in is}her/their authorized capacity(it'), and that b lit' er/their signature) on the
instrument the person, or the entity upon behalf of which the person(g) 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.
/1(Z/Z,}7-.1
Signature of Notary Publi
NOEMI M. CORTEZ
Commission # 2071787
Notary Pubfic - California 1
Santa Clara County D
M Comm. Ex ires Jun 19, 2018
Seal
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document,
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of
APPL I (A-T,niv Po R Cut.TI vPr f oti PE I r ,
containing (G4.13pages, and dated 12 / 15-/ rS-
The signer(s) capacity or authority is/are as:
O Individual(s)
❑ Attomey-in-fact
O Corporate Officer(s)
Title(s)
O Guardian/Conservator
O Partner-Limited/General
❑ Trustee(s)
❑ Other
representing:
+arne(s) of 'erson(s) Ent ty)es) Signer ib Representing
5T 2009-2015 Notary Learning Center - All Rights Reserved
Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
�form(s) of identification ❑ credible witness(es)
Notarial event is detailed in notaryjournal on:
Page #2j Entry#9'
Notary contact: (
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
,In.alns rWT
You can purchase copies of this form from our web site at www.TheNotarysStore.com
APPLICATION FOR CULTIVATION PERMIT
INFORMATION AND RELEASE FORM
The undersigned, on behalf of The Adelanto Grow Project Inc.
(Name of Corporation/Cultivation Facility)
Collective, hereby
authorize the City of Adelanto, by and through its appropriate officers, agents and employees to verify
and confirm the information contained in this application, and to conduct such other investigations as
may be reasonably required by the City of Adelanto, its officers, agents and employees for the purpose
of determining the capability, fitness and capacity of the above named Collective/Corporation to
obtain the Medical Marijuana Collective Cultivation Permit.
The applicant by signing this Information Release Form consents to service of any notice required or
provided for by the laws, rules, regulations, or ordinances of the City of Adelanto upon the person(s)
at the address listed for applicant, will constitute sufficient and legal notice, unless said applicant listed
an attorney of record and/or agent for service of process, with sufficient contact information.
The applicant consents and agrees that full compliance will be made with all applicable State laws and
City ordinances governing the conduct of the particular type of activity for which the Medical
Marijuana Cultivation Permit is requested. The applicant by signing this Information Release Form
understands that any incomplete or false information may constitute grounds for denial.
This fprm MU be signed by each applicant Management Member.
(Si
Harold W. Gibbs 11 President/CEO 12.13.15
re of Management Member) (Printed Name & Title) (Date)
1,1
1 l//� Joya Monteiro COO/On-Site Manager 12.13.15
(Sigiiattire ofManagement Member) (Printed Name & Title) (Date)
(Signature of Management Member)
(Printed Name & Title) (Date)
This release may be executed in two or more counterparts, each of which shall be deemed an original,
and all of which taken together shall constitute one and the same instrument. Facsimile signature(s)
shall be deemed the equivalent of original signatures.
I declare under penalty of perjury that I have read the forgoing application and all information,
statements, verifications, declarations and authorizations made, attached to and contained herein, and
that I have personal knowledge of the information contained in the application, and that the
information contained in the application is true and correct, and that the application was completed
under the supervision of the Management Members.
Executed this 13 day of December , 2015, at Adelanto California.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 9
APPLICATION FOR CULTIVATION PERMIT
ADELANTO MEDICAL MARIJUANA CULTIVATION
ON-SITE MEMBER CONTACT STATEMENT
The undersigned, on behalf of The Adelanto Grow Project Inc.
hereby designates
(Name of Corporation/Cultivation Facility)
Collective,
Joya Monteiro as the on-site
(Name of On -Site Manager)
Community Relation's representative to whom the public or City can provide notice to if there are
operating problems or issues relating to the Adelanto Medical Marijuana Cultivation Facility. The
Medical Marijuana Cultivation Facility shall make every good faith effort to encourage residents to
call this person to try to solve operating problems, if any, before any calls or complaints are made to
the police or planning departments.
Joya Monteiro, COO/On-Site Manager
Signature 6fn-Site Manager Printed Name & Title
(
Address Phone Number
( N/A )
Facsimile Number Email Address
I declare under penalty of perjury that I have read the forgoing application and all information,
statements, verifications, declarations and authorizations made, attached to and contained herein, and
that I have personal knowledge of the information contained in the application, and that the
information contained in the application is true and correct, and that the application was completed
under the supervision of the Management Members.
Executed this 13 day of
December 2015, at Adelanto California.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 10
APPLICATION FOR CULTIVATION PERMIT
STATEMENT OF AUTHORIZATION
TO INDEMNIFY CITY
Indemnity:
The undersigned, on behalf of The Adelanto Grow Project Inc.
(Name of Corporation/Cultivation Facility ("Applicant"))
hereby authorizes and agrees to indemnify the City of Adelanto (the "City"), its agents, officers, and
employees, to the maximum extent permitted by law, as such may be amended from time to time, and
to defend at its sole expense, any and all action against the City, its agents, officers, and employees
because of any and all issues relating to the approval of said Medical Marijuana Cultivation facility
and related Ordinance(s) in the City.
Reimbursements:
The undersigned, on behalf of The Adelanto Grow Project Inc.
(Name of Corporation/Cultivation Facility ("Applicant"))
also agrees to reimburse the City for any court costs and attorney fees that the City may incur as
payment for such action. The City may select any attorney it deems appropriate, in the City's
exclusive discretion. Reimbursement of costs and fees, as set forth herein, shall be made payable to
the "City of Adelanto," within thirty (30) days of written request for same. Failure of Applicant to
make payment of reimbursement, as set forth herein, shall be grounds for revocation of permit to
operate a Medical Marijuana Cultivation facility in the City.
Counterparts:
This indemnity may be executed in two or more counterparts, each of which shall be deemed an
original, and all of which taken together shall constitute one and the same instrument. Facsimile
signature(s) shall be deemed the equivalent of original signatures.
Declaration of Authorized Agents:
This form MUST be signed by each owner/shareholder or managing member of the applicant.
I declare under penalty of perjury that I have read the forgoing application and all information,
statements, verifications, declarations and authorizations made, attached to and contained herein, and
that I have personal knowledge of the information contained in the application, and that the
information contained in the application is true and correct, and that we/I am duly authorized to enter
into is Inde y on behalf of Applicant.
Harold W Gibbs II President/CEO 12.13.15
(Siature) (Printed Name & Title) (Date)
/� G ��� Joya Monteiro COO/On-Site Manager 12.13.15
(Signature) (Printed Name & Title) (Date)
(Signature)
(Printed Name & Title) (Date)
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 11
APPLICATION FOR CULTIVATION PERMIT
AUTHORIZATION TO INSURE ADELANTO MEDICAL MARIJUANA
CULTIVATION FACILITY
The undersigned, on behalf of The Adelanto Grow Project Inc. Collective,
(Name of Corporation/Cultivation Facility)
hereby agrees to carry insurance for the Medical Marijuana Cultivation facility in an amount
acceptable to the City of Adelanto.
The undersigned, on behalf of The Adelanto Grow Project Inc. Collective,
(Name of Corporation/Cultivation Facility)
also agrees to name the City of Adelanto as an additionally insured on said policy.
be signed by each applicant Management Member.
Harold W Gibbs II President, CEO 12.13.15
ture of Management Member) (Printed Name & Title) (Date)
12.13.15
(Sign'ature o anagement Member)
(Signature of Management Member)
Joya Monteiro COO/On-Site Manager
(Printed Name & Title) (Date)
(Printed Name & Title) (Date)
This release may be executed in two or more counterparts, each of which shall be deemed an original,
and all of which taken together shall constitute one and the same instrument. Facsimile signature(s)
shall be deemed the equivalent of original signatures.
I declare under penalty of perjury that I have read the forgoing application and all information,
statements, verifications, declarations and authorizations made, attached to and contained herein, and
that I have personal knowledge of the information contained in the application, and that the
information contained in the application is true and correct, and that the application was completed
under the supervision of the Management Members.
Executed this 13 day of December 2015, at Adelanto California.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 12
APPLICATION FOR CULTIVATION PERMIT
STATEMENT OF AUTHORIZATION TO
REIMBURSE THE CITY OF ADELANTO
The undersigned, on behalf of
The Adelanto Grow Project Inc. Collective,
(Name of Corporation/Cultivation Facility)
hereby agrees to fully reimburse the City of Adelanto for any and all costs the City of Adelanto may
incur as a result of the existence of Medical Marijuana Cultivation facilities in the City of Adelanto
and the implementation of the City of Adelanto Ordinance 539.
The undersigned, on behalf of
The Adelanto Grow Project Inc. Collective,
(Name of Corporation/Cultivation Facility)
also agrees to provide the City with revenue to offset the potential deleterious effects of the location of
the Medical Marijuana Cultivation facility.
This foo M be signed by each applicant Management Member.
ture of Management Member)
11 //7 �-(-
(Sigtrature`iS1Management Member)
(Signature of Management Member)
Harold W Gibbs II President/CEO 12.13.15
(Printed Name & Title) (Date)
Joya Monteiro COO/On-Site Manager 12.13.15
(Printed Name & Title) (Date)
(Printed Name & Title) (Date)
This release may be executed in two or more counterparts, each of which shall be deemed an original,
and all of which taken together shall constitute one and the same instrument. Facsimile signature(s)
shall be deemed the equivalent of original signatures.
I declare under penalty of perjury that I have read the forgoing application and all information,
statements, verifications, declarations and authorizations made, attached to and contained herein, and
that I have personal knowledge of the information contained in the application, and that the
information contained in the application is true and correct, and that the application was completed
under the supervision of the Management Members.
Executed this 13 day of December 2015, at Adelanto California.
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 13
APPLICATION FOR CULTIVATION PERMIT
COVENANT TO SUPPORT CITY EFFORTS
FOR BUSINESS TAX AND BUSINESS LICENSE FEES
Applicant The Adelanto Grow Project Inc. ("Applicant"), hereby understands that the City
of Adelanto (the "City") is experiencing financial hardship;
Applicant hereby covenants to support the City in its efforts to become financially solvent.
Applicant hereby covenants to support, and not oppose, any initiative that the City or the voters of the
City initiate to raise business taxes and business license fees.
The City hereby assures Applicant that any business tax or business license fee imposed on the
Applicant will be reasonable and in compliance with all federal, state and local laws.
Applicant hereby covenants to assist the City with a reasonable monetary contribution for actual costs
associated with any Special Election or General Election initiated by the City to raise business tax or
business license fees. Applicant shall be responsible for a pro -rata share of any costs associated with
any General or Special Election initiated by the City to raise business taxes and business license fees.
Date: 12.13.15
(Signature of Applicant)
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 14
APPLICATION FOR CULTIVATION PERMIT
MEDICAL MARIJUANA CULTIVATION APPLICATION CHECKLIST
1. Complete Application
a. General Information, items I — VI
b. Applying as a corporation
c. Property owner/landlord disclosure
d. Operating standards acknowledgement
e. Information release form
f. On-site member contact statement
g. Indemnity statement
h. Insurance statement
i. Statement to reimburse
j. Covenant to support city efforts
2. Site Plan
3. Security Plan
4. Live Scan, Applicants and Operators
5. Operations Plan in accordance with Ordinance 539
a. Statement of experience
b. Statement of fmancial adequacy
c. Statement of employment
d. Statement of public benefit
6. Business Plan (recommended but not required by ordinance)
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246- 2300 • www.ci.adelanto.ca.us
Page 15
State of Califomia
REQUEST FOR LIVE SCAN SERVICE
BCH 0016 (3107)
Print
Clear Form
Department of Justice
APANcant Submission
DRi: CA0361300 Type of Application: Licensing or Permitting
Code assigned by DOJ
Job Title or Type of License, Certification or Permit Cultivation Permit
Agency Address Set Contributing Agency:
City of Adelanto
Agency authorized to receive criminal history information Mail Code (five -digit code assigned by DOJ)
P.O. Box 10 Mark de Manincor or Lillian Salcido
Street No. Street or PO Box Contact Name (Mandatory for all school submissions)
Adelanto CA 92301 (
City State Zip Code Contact Telephone No.
Name of Applicant 0
' 1. VC Nn r( S---1
(
Male emale Misc. No. BIL -
Weight: ( Misc. Number.
Home Address: •
Eye Color.' Hair Color «- (
Street No.
Place of Birth:
City, State and Zip Code
Social Security Number. --
Your Number.
OCA No. (Agency Identifying No.) Level of Service:
If resubmission, fist Original ATI
Number.
✓
DOJ
FBI
Employer: (Additional response for agencies specified by statute)
Employer Name
Street No. Street or PO Box Mail Code (five digit code assigned by DOJ)
( )
City State Zip Code Agency Telephone No. (optional)
t
Live Scan Transaction Completed By: Z L� j (,�
Name ofOperator Date til
q
1 Cr r--
• — 1 M W gt 5 Litte7
rttinrgency ATI No. Arnoun Iected/Bi
ORIGINAL – Lige Scan Operator; SECOND COPY -.Ant; THIRD COPY (if needed) – Requesting Agency
State of Califomia
REQUEST FOR LIVE SCAN SERVICE
BCH 80f5 (3e7)
ADDllcant Submission
Print
Clear Form
Department of Justice
ORI: CA0361300 Type of Application: Licensing or Permitting
Code assigned by DOJ
Job Title or Type of License, Certification or Permit:
Cultivation Permit
Agency Address Set Contributing Agency:
City of Adelanto
Agency authorized to receive criminal history information Mail Code (five -digit code assigned by DOJ)
P.O. Box 10 Mark de Manincor or Lillian Salcido
Street No. Street or PO Box Contact Name (Mandatory for all school submissions)
Adelanto CA 92301 (
City State Zip Code Contact Telephone No.
Name of Applicant i h S go • O fc t\J
(Please_print) Last First MI
Alias: Driver's License No:
Last First
Date of Birth: Sex: Male
Female Misc. No. BIL -
Weight ° Misc. Number.
�� ��yHome
City, State and Zip Code
Social Security Number:
Your Number.
OCA No. (Agency Identifying No.)'Level
If resubmission, list Original ATI
Number
of Service: ✓ DOJ FBI
Employer (Additional response for agencies specified by statute)
Employer Name
Street No. Street or PO Box Mail Code (five digit code assigned by DOJ)
City State Zip Code Agency Telephone No. (optional)
Live Scan Transaction Completed By:
iP
L .� iCJ 12- &.--
Name
Name of Operator Da
cTD. �' ,yam 61' 44 3c) ' Cc- "--
nsmitti g Agency ATI No. • Amou t CollectedBilId
ORIGINAL — Live Scan Operator, SECOND COPY — ApplicantLIHIRD COPY (if needed) — Requesting Agency
Statement of Financial Adequacy
To whom it may concern,
ON ember 14, 201;
Attached are statements from the personal accounts of Harold W Gibbs II and Lisa A Gibbs.
These statements reflect the following list of assets that are currently in their possession.
Documentation of these assets will be found on the subsequent pages.
Person
Lisa A Gibbs
-1- _ Funds Total _ _
$811,308
Harold W Gibbs II
Total Funds
$111,023
$922,331
Lisa A Gibbs
Harold W Gibbs II
WELLS
FARGO
ADVISORS
Progress summary
.Opening value
Cash deposited
Securities deposited
Cash withdrawn
Securities withdrawn
Income earned
Change in value
THIS PERIOD
$695,178.68
0.00
0.00
0.00
0.00
1,269.56
-1,714.56
THIS YEAR
$763,283.27
000
0.00
-64,826.37
0.00
15,685.27
-19,408.49
Closing value
Portfolio summary
$694,733.68 $694,733.68
ASSETS
ASSET TYPE
SNAPSHOT
WILLIAM GIBBS IRREVOCABLE TR
LISA A GIBBS TTEE
UTA DTD 02/03/1995
NOVEMBER 1, 2015 - NOVEMBER 30, 2015
ACCOUNT NUMBER:
Page 1 of 11
As a Wells Fargo Advisors Client. you can easily simplify your finances by combining all
your investing and banking into a single, easy -to -manage relationship. By upgrading to the
Command Asset Program, you'll have access to many more features and benefits to help
you manage your finances. You'll see all your investing and banking activity on one
comprehensive monthly statement. It's as simple as talking with Your Financial Advisor
Ask them today about the Command Asset Program.
PREVIOUS CURRENT ESTIMATED
VALUE ON OCT 31 % VALUE ON NOV 30 % ANN. INCOME
Cash and sweep balances 15,975.56 2 30 16,838 88 2.42 1
Stocks, options & ETFs 471,903.70 67.88 470,413.00 67.71 13,219
Fixed income securities 5,042 25 0.73 5,031.10 0.72 147
Mutual funds 202,257 17 29.09 202,450 70 29 14 5,773
Asset value $695,178.68 100%
$694,733.68 100% $19,140
WELLS
FARGO
ADVISORS
Progress summary
Opening value
Cash deposited
Securities deposited
Cash withdrawn
Securities withdrawn
Income earned
Change in value
THIS PERIOD
$115,711.95
0.00
0.00
0.00
0.00
1,752.00
-1,334.59
THIS YEAR
$118,695.37
000
0.00
-1,771.80
0.00
3,604.60
-4,398.81
Closing value
Portfolio summary
$116,129.36 $116,129.36
ASSETS
ASSET TYPE
SNAPSHOT
WILLIAM GIBBS IRREVOCABLE TR
LISA GIBBS TTEE
U/A DTD 02/03/1995
NOVEMBER 1. 2015 - NOVEMBER 30, 2015
ACCOUNT NUMBER
Page 1 of 8
As a Wells Fargo Advisors Client, you can easily simplify your finances by combining all
your investing and banking into a single, easy -to -manage relationship. By upgrading to the
Command Asset Program, you'll have access to many more features and benefits to help
you manage your finances. You'll see all your investing and banking activity on one
comprehensive monthly statement. It's as simple as talking with Your Financial Advisor.
Ask them today about the Command Asset Program.
PREVIOUS CURRENT ESTIMATED
VALUE ON OCT 31 % VALUE ON NOV 30 %, ANN. INCOME
Cash and sweep balances 0.00 0.00 0.00 0.00 0
Stocks. options & ETFs 0.00 0.00 0.00 0.00 0
Fixed income securities 0.00 0.00 0.00 0.00 0
Mutual funds 115,711.95 100 00 116,129.36 100.00 2,165
Asset value $115,711.95 100% $116,129.36 100% $2,165
CNAPCI I, 11
If you have questions on your statement,
call 24 -Hour Assistance:
(800) MERRILL
(800) 637-7455
Access Code:
Investment Advice and Guidance:
Call Your Financial Advisor
Your Financial Advisor:
AUSTIN VARGA GROUP
33 W. MONROE ST. SUITE 2200
CHICAGO IL 60603
1-800-937-0466
Up-to-date account information can be viewed
at: www.mymerrill com, where your statements
are archived for three or more years.
Questions about MyMerrill? Click the "help tab
at the top of the screen once you log M.
Primary Account:
• YOUR MERRILL LYNCH REPORT
October 31,
PORTFOLIO SUMMARY
Net Portfolio Value
Your assets
Your liabilities
Your Net Cash Flow (Inflows/Outflows)
Securities You Transferred In/Out
Subtotal Net Contributions
Your Dividends/Interest Income
Your Market Change
Subtotal Investment Earnings
November 30
5111.023.72
5111,023.72
($9,791.96)
(S9,791.96)
$658.38
($6,068.60)
(55,410.22)
October 30
$126,225.90
$126,225.90
(5501.00)
($5O1.0t
$315 39
$8.761.86
59,077.25
Merrill Lynch
Bairn u� 3i��e�iuo Ct:vuia:iuii
2015 - November 30, 2015
Month Change
(515,202.18)
(515202.18)
Total Value (Net Portfolio Value plus Assets Not Held/Valued B7 MIPF&S, it arty) in thousands, 2010.2015
12/10 12/11 12/12 12/13 12/14 1015 2015 3015 10/15 11/15
NOW AVAILABLE: LATEST ISSUE OF MERRILL LYNCH ADVISOR
Visit ml.com/mladvisor to download your copy today. Read insights and stories about how clients like you have prepared for the big turning points in their lives. Plus a special
report on the 'New Sandwich Generation' and advice for dealing with market volatility.
Merrill Lynch Wealth Management makes available products and services offered by Merrill Lynch, Pierce, Fenner & Smith Incorporated (MLPF&S) and other subsidiaries of Bank
of America Corporation. MLPF&S is a registered brokerdealer, Member Securities Investor Protection Corporation (SIPC) and a whofiyowned slibskiry of Bank of America
Corporation. Investment products: l Are Not FDIC Insured l Are Not Bank Guaranteed 1 May Lose Value I
ocw
v
y
10110
134 136 ® 134
1
6
•
26
Its° Ilimai
DG 1
12/10 12/11 12/12 12/13 12/14 1015 2015 3015 10/15 11/15
NOW AVAILABLE: LATEST ISSUE OF MERRILL LYNCH ADVISOR
Visit ml.com/mladvisor to download your copy today. Read insights and stories about how clients like you have prepared for the big turning points in their lives. Plus a special
report on the 'New Sandwich Generation' and advice for dealing with market volatility.
Merrill Lynch Wealth Management makes available products and services offered by Merrill Lynch, Pierce, Fenner & Smith Incorporated (MLPF&S) and other subsidiaries of Bank
of America Corporation. MLPF&S is a registered brokerdealer, Member Securities Investor Protection Corporation (SIPC) and a whofiyowned slibskiry of Bank of America
Corporation. Investment products: l Are Not FDIC Insured l Are Not Bank Guaranteed 1 May Lose Value I
ocw
v
y
10110
SITE PLAN
FOR
THE ADELANTO GROW PROJECT
City of Adelanto
San Bernardino County, California
D4 = SECURITY CAMERA
= SECURITY LIGHTING
.6CRON21.I.EROVE
VICINITY MAP
SITE INFORMATION
0ER NADA. N
Lo, AR6A 203161
EVI 88 E)
PHASE I.9VIEOIMG FOOT PRIM• ,5610 SF
PHASE 2 BUILDING FOOT PRIM' 820 SF
fuTLIRE EXPANSION 66 SF
TOTAL FOOT PRINT ,22218SF
LOT COVERAGE
4LOWAIILE COVERAGE WOI%
FRONT Art
tOE Art
REAR AFT
CITY WATER
Orry SEWER
LEGAL DESCRIPTION
17. ACCORD/NG 10 voo6 MSS PAGE es Atcons
or sAn BPANAAINNOCOUNTT CALIFORNIA
APPLICANT
0
0
0
re0
a
z 0
0
a 6 0
O
Cn
THE ADELAN
PROJECT NUABER.
VLP 15-132
DATE
DECEMBER 2015
SCALE
1._20
DESIGNFDRY
DAN CAPARROS, PF
CHECKED BY:
DAN CAPARRDS, PE
BFT
1 OP 2
144 Feet
■ ■ II- M- ■- r' ■ IF ■ " ■.. ■ ■- f • ■-
■ • • ■ ■ • • ■ • 1 ■� ■1 IN. t
IF • M- • ■ ■ • ■ E.. ■ ■- ■- M-
• ■ ■- ■ ■- ■ ■ SI
- IllIr • • • ■ •
• ■ ■ IF IF ■- • A • t • ■ • •
■ ■ ■ ■- ■ ■ 1- ■ ■ 1 ■ t ■ ■ F- ■
■ ■ ■ ■ • ■ F ■ ■ 4 F ■ ■ ■ ■ •
MN •U..•
• ■ ■ ■ U • O-
N
■ ■ ■ ■ 111-
•
■ ■ ■ ■ 111-
•
1■- ■ ■- fi ■ ■- F
■ ■ 111111-1110
■ ■ • • F ■ ■
■s II ■*■u
r • • ■- •
t • t 1- i
■ " • • ■ •
r t • • O-
M ■- ■ ■ F
• • OF ■- 1-
■ ■ ■ ■ f- ■ IF f F ■ ■
E ■ E • E ■ IF f" F ■ ■
M- F f ■ ■ ■ f- ■ ■ ■
■ - ■ ■ ■ ■ ■ F ■ ■ ■ ■
• f ■- F F f 1- 1- /- ■ i
f ■ ■ F F F f F■ ■-
E ■ ■ fJ f f- F F ■ ■
■ ■ ■
■ ■ ■-
■ t ■
• ■- ■"
F F a-
F F
III IF III IN IN
•
■ ■ r: 1-
II- ■-I ■-I • F
IE ■- _■-1111 ■., F ■-
■ - 1- ■ • ■- ■
■ • • • r •
■ ■ a ■ 1 ■
• ■ •- ■- • F
■ • • ■ •
• F t• • F
• ■-- F ■ D-
•
■ ■ ■ • •
11111
f ■ ■ 1- ■
f ■ ■ f- •
y.AA,*bl*S.*> 4 sun.. J
30 Feet
GREEN HOUSE FACILITY (TYPICAL)
IJ = SECURITY CAMERA
= SECURITY LIGHTING
41 Feet
414
NUL Fan .
■
• • • • • • • • •
MI II IN
N ■ ■ ■
• • • • •
• • ■ • •
li■ ■ •
• ■ ■ ■
• • • • •
• • • • •
• • • • •
■ ■ ■ ■ ■ ■
■ ■ ■ ■ ■ ■
— —g—s– —14-1
—�—
■
1 1 f- f 11111
Nana
1- ■ ■ ■ ■- ■- ■ • • RI Na� FIKFan Fatin Fan .111.1181 WA MAL
.aN
30 Feet
INDOOR CULTIVATION FACILITY (TYPICAL ROOM)
OFFICE / OPERATION FACILITY
0
U
W
K
age
W LL U
Q
g
0
0
U
SAN BERNARDINO, CALIFORNIA
PROJECT NUMBER
51P 15-132
DATE.
DECEMBER 2015
SCALE
1.. 20'
DESIGNED BY:
DAN CAPARR05. PE.
CHECKED DY:
DAN CAPARR05. PE.
BFT
2 a. 2
$1,000.00
51,900.00
5/Ib Greenhoue
$pb Indoor
25
G Yield/5q Ft
S. F. of Cannabis Canopy
Building Phase
6480
Phase 1-12,960 S. F. Greenhouse
Year 1 Year 1 Year 1 Year 1
Month 1 Month 2 Month 3 Month 4
Apr/2016 May/2016 Jun/2016 Jul/2016
Planted
Year 1
Month 5
Aug/2016
Planted
Year 1
Month 6
5ep/2016
179
Year 1
Month 7
Oct/2016
179
Year 1 Year 1
Month 8 Month 9
Nov/2016 Dec/2016
179 NO GROW
2812
Total Pounds- First 12 Mos
Total Revenue- First 12 Mos
Total COGS- First 12 Mos
Expenses
Phase 2- 5,000 5. F. Indoor
894
5894,040
$232,450
0 0
0 C
0
179
179
179
50.00
$0.00
50.00
50.00
$0.00
5178,807.95
5178,807.95
5178,807.95
50.00
50.00
50.00
50.00
50.00
546,490.07
$46,490.07
546,490.07
0
$0.00
$0.00
Indoor Facility Build (5. F.) 3000
Greenhoue Facility Build (5. F.) 10000 5000
Cost/SgFt
Buildout of the Greenhouse $ 900,000 $40 $ 200,000 $ 200,000 $ 100,000 $ 200,000
Cost/LB
Grow Agent Labor $ 89,404 5100 $ - $ - $ - $ - $ - $ 17,881 $ 17,881 $ 17,881 $ -
Nutrients and Soil $ 89,404 5100 $ - $ - $ - $ - $ - $ 17,881 $ 17,881 $ 17,881 $ -
Lighting, Water, Disposal $ 53,642 $60 $ - $ - $ - $ - $ - $ 10,728 $ 10,728 $ 10,728 $
Grow Master Salary $ 60,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000
Hourly
Harvesting Labor Costs $ 16,093 $12 $ - $ • $ - $ - $ - $ 3,219 $ 3,219 $ 3,219 $
Trimming Labor Costs $ 53,642 512 $ - $ - $ - $ - $ - $ 10,728 $ 10,728 $ 10,728 $ -
Drying/Curing Labor Costs $ 16,093 $12 $ - $ - $ - $ - $ - $ 3,219 $ 3,219 $ 3,219 $
Inventory Control Agent Salary $ 40,000 $ 3,333 5 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333
$ 3,333
General Counsel
Human Resources
COO/On-Site Community Representative
CFO
General Accountant
Sales Agent and Delivery Agent Commission
Insurance
Phone
Security Agent
Marketing
Employment Taxes
Utilites (Non Grow Related)
Travel and Entertainment
Misc (Includes IT Services)
60,000
60,000
60,000
60,000
30,000
71,523
60,000
2,000
40,000
40,000
31,013
45,000
45,000
45,000
TOTAL EXPENSES- First 12 Months 1 $
Net Income- First 12 Months
1,967,815
(1.073.775)
5,000 $ 5,000 $ 5,000 $ 5,000
5,000 $ 5,000 $ 5,000 $ 5,000
5,000 $ 5,000 $ 5,000 $ 5,000
5,000 $ 5,000 $ 5,000 $ 5,000
2,500 $ 2,500 $ 2,500 $ 2,500
- $ - $ - $
5,000 $ 5,000 $ 5,000 $ 5,000
167 $ 167 $ 167 $ 167
3,333 $ 3,333 $ 3,333 $ 3,333
3,333 $ 3,333 $ 3,333 $ 3,333
1,750 $ 1,750 $ 1,750 $ 1,750
3,750 $ 3,750 $ 3,750 $ 3,750
3,750 $ 3,750 $ 3,750 $ 3,750
3,750 $ 3,750 $ 3,750 $ 3,750
5,000 $
5,000 $
5,000 $
5,000 $
2,500 $
- $
5,000 $
167 $
3,333 $
3,333 $
1,750 $
3,750 $
3,750 $
3,750 $
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
2,500 $ 2,500
14,305 $ 14,305
5,000 $ 5,000
167 $ 167
3,333 $ 3,333
3,333 $ 3,333
3,753 $ 3,753
3,750 $ 3,750
3,750 $ 3,750
3,750 $ 3,750
$ 5,000 $ 5,000
5 5,000 $ 5,000
$ 5,000 $ 5,000
$ 5,000 $ 5,000
$ 2,500 $ 2,500
$ 14,305 $ -
$ 5,000 $ 5,000
$ 167 $ 167
$ 3,333 $ 3,333
$ 3,333 $ 3,333
$ 3,753 $ 1,750
$ 3,750 $ 3,750
$ 3,750 $ 3,750
$ 3,750 $ 3,750
$ 255,667 $ 255,667 $ 155,667 $ 55,667 $ 55,667 $ 135,630 $ 135,630 $ 135,630 $ 255,667
$ (255,667) $ (255,667) $ (155,667) $ (55,667) $ (55,667) $ 43,178 $ 43,178 $ 43,178 $ (255,667)
Cash Flow Analysis
Beginning Cash Balance
5900,000
5644,333
$388,667
5233,000
$177,333
5121,667
$164,845
5208,023
$251,202
Plus: Revenue
50
50
50
50
5178,808
5178,808
5178,808
50
Less: Expenses
5255.667)
(5255,667)
(5155,667)
(555,667)
(555.667)
($135,630)
($135,630)
(5135,630)
Ending Cash Balance
$644,333
$388,667
$233,000 _
$177,333
_ 5121,667
5164,845
5208,023
5251,202
Year 1 Year 2 Year 3
2016 2017 2018
Yearly Summary
Yearly Revenue
Yearly Expenses
Yearly Net Income
894,040
3,262,362
3,262,362
(1.967,815)
(1,968,912)
(2,068,670)
(1,073,775)
1,293,450
1,193,692
Year 1
Month 10
Jan/2017
NO GROW
Year 1
Month 1I
Feb/2017
Year 1
Month 12
Mar/2017
Year 2
Month 13
Apr/2017
Year2
Month 14
May/2017
Year 2 Year 2 Year 2 Year 2 Year 2 Year 2 Year 2
Month 15 Month 16 Month 17 Month 18 Month 19 Month 20 Month 21
Jun/2017 Jul/2017 Aug/2017 Sep/20I7 Oct/2017 Nov/2017 Dec/2017
NO GROW
$0.00
50.00
Planted
179
5178,807.95
546,490.07
Planted
179
Year 2
Month 22
Jan/2018
NO GROW
Year 2
Month 23
Feb/2018
Year 2
Year 3
Month 24 Month 25
Mar/2018 Apr/2018
256
256
256
256
256
256
256
256
78
78
256
256
256
5178,807.95
546,490.07
5326,236.20
$66,664.46
5326,236.20
566,664.46
$326,236.20
$326,236.20
$326,236.20
5326,236.20
5326,236.20
5326,236.20
50.00
50.00
$326,236.20
$66,664.46
566,664.46
$66,664.46
$66,664.46
$66,664.46
$66,664.46
520,174.39
$20,174.39
$66,664.46
326,236.20 5326,236.20
$66,664.46 566.664.46
$ 200,000
$ - $ 17,881
$ - $ 17,881
$ - $ 10,728
$ 5,000 $ 5,000
$ $ 3,219
$ $ 10,728
$ $ 3,219
$ 3,333 $ 3,333
17,881 $ 25,640 $ 25,640
17,881 $ 25,640 $ 25,640
10,728 $ 15,384 $ 15,384
5,000 $ 5,000 $ 5,000
25,640 $ 25,640
25,640 $ 25,640
15,384 $ 15,384
5,000 $ 5,000
$ 3,219 $ 4,615 $ 4,615 $ 4,615 $ 4,615
$ 10,728 $ 15,384 $ 15,384 $ 15,384 $ 15,384
$ 3,219 $ 4,615 $ 4,615 $ 4,615 $ 4,615
$ 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333
$ 5,000 $ 5,000 $ 5,000
$ 5,000 $ 5,000 $ 5,000
$ 5,000 $ 5,000 $ 5,000
$ 5,000 $ 5,000 $ 5,000
$ 2,500 $ 2,500 $ 2,500
$ - $ 14,305 $ 14,305
$ 5,000 $ 5,000 $ 5,000
$ 167 $ 167 $ 167
$ 3,333 $ 3,333 $ 3,333
$ 3,333 $ 3,333 $ 3,333
$ 1,750 $ 3,753 $ 3,753
$ 3,750 $ 3,750 $ 3,750
$ 3,750 $ 3,750 $ 3,750
$ 3,750 $ 3,750 $ 3,750
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
2,500 $ 2,500
26,099 $ 26,099
5,000 $ 5,000
167 $ 167
3,333 $ 3,333
3,333 $ 3,333
5,404 $ 5,404
3,750 $ 3,750
3,938 $ 4,134
3,938 $ 4,134
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
2,500 $ 2,500
26,099 $ 26,099
5,000 $ 5,000
167 $ 167
3,333 $ 3,333
3,333 $ 3,333
5,404 $ 5,404
3,750 $ 3,750
4,341 $ 4,558
4,341 $ 4,558
25,640 $ 25,640
25,640 $ 25,640
15,384 $ 15,384
5,000 $ 5,000
$ 4,615 $ 4,615
$ 15,384 $ 15,384
$ 4,615 $ 4,615
$ 3,333 $ 3,333
5,000
5,000
5,000
5,000
2,500
26,099
5,000
167
3,333
3,333
5,404
3,750
4,786
4,786
25,640 $ 25,640
25,640 $ 25,640
15,384 $ 15,384
5,000 $ 5,000
4,615 $ 4,615
15,384 $ 15,384
4,615 $ 4,615
3,333 $ 3,333
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
2,500 $ 2,500
26,099 $ 26,099
5,000 $ 5,000
167 $ 167
3,333 $ 3,333
3,333 $ 3,333
5,404 $ 5,404
3,750 $ 3,750
5,025 $ 5,277
5,025 $ 5,277
5,000
5,000
5,000
5,000
2,500
26,099
5,000
167
3,333
3,333
5,404
3,750
5,540
5,540
7,759
7,759
4,656
5,000
1,397
4,656
1,397
3,333
5,000
5,000
5,000
5,000
2,500
5,000
167
3,333
3,333
1,750
3,750
5,817
5,817
7,759 $ 25,640 $ 25,640 $ 25,640
7,759 $ 25,640 $ 25,640 $ 25,640
4,656 $ 15,384 $ 15,384 $ 15,384
5,000 $ 5,000 $ 5,000 $ 5,000
1,397
4,656
1,397
3,333
5,000
5,000
5,000
5,000
2,500
5,000
167
3,333
3,333
1,750
3,750
6,108
6,108
4,615 $ 4,615
15,384 $ 15,384
4,615 $ 4,615
3,333 $ 3,333
5,000
5,000
5,000
5,000
2,500
26,099
5,000
167
3,333
3,333
5,404
3,750
6,414
6,414
5,000
5,000
5,000
5,000
2,500
26,099
5,000
167
3,333
3,333
5,404
3,750
6,734
6,734
$ 4,615
$ 15,384
$ 4,615
$ 3,333
5,000
5,000
5,000
5,000
2,500
26,099
5,000
167
3,333
3,333
5,404
3,750
7,071
7,071
$ 255,667 $ 135,630 $ 135,630 $ 177,073 177,467 $ 177881 $ 178,315 $ 178,771 5 179,249 $ 179,752 $ 180,279 $ 87,425 $ 88,007 $ 182,026 $ 182,667 $ 183,341
$ (255,667) $ 43,178 $ 43,178 $ 149,163 $ 148,769 $ 148,356 $ 147,921 $ 147,466 $ 146,987 $ 146,485 $ 145,957 $ (87,425) $ (88,007) $ 144,210 $ 143,569 $ 142,895
;$4,465)
(5260.132)
(5216,953)
(5173.775)
(524,612)
5124,157
$272,513
5420,434
$567,900
5714,887
$861,371
51.007,328
$919,903
5831,896
5976,106
51,119,675
50
5178,808
5178,808
$326,236
5326,236
$326,236
$326,236
$326,236
5326,236
5326,236
$326,236
50
$0
5326,236
5326,236
5326,236
(5755,667)
(5135,630)
(5135,630)
(5177,073)
(5177,46/)
(5177,881)
(5175,315)
(5178,771)
(5179,249)
(5179,752)
(5180279)
(507,425)
(588.007)
(5182,026)
(5187.667)
(5183,341)
(5260,132)
(5216.953)
(5173,775)
(524,617)
5124,157
5272,513
$420,434
$567,900
5714,887
5861,371
51,007,328
5919,903
$831,896
5976,106
51,119,675
$1,262,571
Year 3
Month 26
May/2018
Year 3
Month 27
Jun/2018
Year 3
Month 28
Jul/2018
Year 3
Month 29
Aug/2018
Year 3
Month 30
Sep/2018
Year 3 Year 3
Year 3
Month 31 Month 32 Month 33
Dec/2018
O 2018
Nov 2018
Year 3
Month 34
Jan/2019
Year 3 Year 3
Month 35 Month 36
Feb/2019 Mar/7
179
179
179
179
NO GROW
NO GROW
179
179
78
78
78
78
78
78
78
256
256
256
256 256
256 256
78
78
256
256
5326,236.20
5326,236.20
5326,236.20
5326,236.20 5326,236.20
5326,236.20 $326,236.20
50.00
50.00
$326.236.20
5326,236.20
$66,664.46
$66,664.46
$66,664.46
$66,664.46 $66,664.46
566,664.46 566,664.46
520.174.39
520,174.39
566,664.46
566,664.46
5 25,640 $ 25,640 $ 25,640 $ 25,640
$ 25,640 5 25,640 $ 25,640 $ 25,640
$ 15,384 $ 15,384 $ 15,384 $ 15,384
$ 5,000 5 5,000 $ 5,000 5 5.000
5
25,640 $ 25,640 5 25.640 $ 7,759 $ 7,759 $ 25,640 $ 25,640
25,640 $ 25,640 $ 25,640 $ 7,759 $ 7,759 $ 25,640 $ 25,640
15,384 $ 15,384 $ 15,384 $ 4,656 5 4,656 $ 15,384 $ 15,384
5,000 $ 5,000 $ 5,000 $ 5,000 5 5,000 $ 5,000 $ 5,000
$ 4,615 $ 4,615 $ 4,615 $ 4,615 $ 4,615 $ 4,615 5 4,615
$ 15,384 $ 15,384 $ 15,384 $ 15,384 $ 15,384 $ 15,384 $ 15,384
$ 4,615 $ 4,615 $ 4,615 $ 4,615 $ 4,615 $ 4,615 $ 4,615
$ 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333 $ 3,333
$ 5,000
$ 5,000
5 5.000
$ 5,000
$ 2,500
$ 26,099
$ 5,000
$ 167
$ 3,333
$ 3,333
$ 5,404
$ 3,750
$ 7,425
$ 7.425
$
5
5
5
5,000 $ 5,000 $ 5,000
5,000 $ 5,000 $ 5.000
5,000 $ 5,000 $ 5,000
5,000 5 5,000 5 5,000
2,500 $ 2,500 $ 2,500
26,099 $ 26,099 $ 26,099
5,000 5 5,000 $ 5,000
167 5 167 $ 167
3,333 $ 3,333 $ 3,333
3,333 $ 3,333 $ 3,333
5,404 $ 5,404 $ 5,404
3,750 $ 3,750 $ 3,750
7,796 $ 8,186 $ 8,595
7,796 5 8,186 $ 8.595
$
5
5
$
5,000
5,000
5,000
5,000
2,500
26,099
5,000
167
3,333
3,333
5,404
3,750
9,025
9,025
5
5
$
5
5,000 $ 5,000
5,000 5 5,000
5,000 $ 5,000
5,000 5 5,000
2,500 5 2,500
26,099 $ 26,099
5,0X) $ 5,000
167 $ 167
3,333 $ 3,333
3,333 5 3,333
5,404 $ 5,404
3,750 $ 3,750
9,476 $ 9,950
9,476 5 9,950
5
5
1,397
4,656
1,397
3,333
5,000
5,000
5,000
5,000
2,500
5,000
167
3,333
3,333
1,750
3,750
10,447
10,447
$ 1,397 $ 4,615 $ 4,615
$ 4,656 5 15,384 $ 15,384
$ 1,397 $ 4,615 $ 4,615
$ 3,333 $ 3,333 $ 3,333
5
5
$
5
5
5
5,000
5,000
5,000
5,000
2,500
5,000
167
3,333
3,333
1,750
3,750
10,970
10,970
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
5,000 $ 5,000
2,500 $ 2,500
26,099 $ 26,099
5,000 $ 5,000
167 5 167
3,333 $ 3,333
3,333 $ 3,333
5,404 $ 5,404
3,750 $ 3,750
11,518 $ 12,094
11,518 $ 12,094
$ 184,048 $ 184,790 $ 185,570 $ 186,389 $ 187,248 $ 188,151 $ 189,098 $ 96,685 $ 97,730 $ 192,235 $ 193,387
$ 142,188 $ 141,446 $ 140,666 $ 139,848 $ 138,988 $ 138,086 $ 137,138 $ (96,685) $ (97,730) 5 134,001 $ 132,850
51,262,571
$326,236
51.404,759
(5184.048)
51,404,759
$326,236
51,546,205
$1,686,871
$1,826.719
51,965,707
52,103,792
52.240,930
52,144,246
52,046,516
52,180.517
(5184,790)
51,546,205
5326,236
(5185,570)
51.686,871
$326,236
$326,236
5326,236
5326,236
50
50
5326,236
5326,236
(5186,389)
$1,826,719
(5187,248)
51,965,707
(5188,151)
52.103,792
(5189,098)
52.240,930
(596,685)
(597,730)
1.51.92,235)
(5193,387)
52,144,246
52,046.516
52,180,517
$2,313,367
SECTION I : The following chapter is added to the Calaveras County Code:
CHAPTER 17.93. Medical Cannabis Cultivation and Commerce
Sections
17.93.100 Authority
17.93.110 Purpose and Intent
17.93.120 Findings
17.93.130 Applicability and Interpretation
17.93.140 Scope
17.93.150 Definitions
17.93.160 Validation and Revocation of Certificates and Permits
17.93.170 Terms of Certificates and Permits; Renewal
17.93.180 License Types and Locational Requirements
17.93.190 Outdoor, Mixed Light, and Nursery Commercial Cannabis Cultivation -
General Provisions
17.93.200 Application Requirements for Outdoor, Mixed Light and Nursery Commercial
Cannabis Cultivation Zoning Clearance Certificates or Conditional Use
Permits
17.93.210 Outdoor, Mixed Light and Nursery Commercial Cannabis Cultivation
Development Standards and Operational Requirements
17.93.220 Indoor Commercial Cannabis Cultivation -General Provisions
17.93.230 Application Requirements for Indoor Commercial Cannabis Cultivation
Conditional Use Permits
17.93.240 Development Standards and Operational Requirements for Indoor Commercial
Cannabis Cultivation
17.93.250 Personal Cultivation and Primary Caregiver Cultivation --General
17.93.260 Application Requirements for Personal Cultivation and Primary Caregiver
Cultivation Zoning Clearance Certificates
17.93.270 Development Standards and Operational Requirements for Personal Cultivation
and Primary Caregiver Cultivation
17.93.280 License Types and Locational Requirements
17.93.290 Commercial Cannabis Manufacturer, Testing
Laboratory, Distributor, or Transporter — General Provisions
17.93.300 Application Requirements for Commercial Cannabis Manufacturing, Testing,
Distributing, or Transporting Zoning Clearance Certificates, Administrative
Use Permits, and Conditional Use Permits
17.93.310 Development Standards and Operational Requirements for Commercial
Cannabis Manufacturing, Testing, Distributing, or Transporting
17.93.320 Nuisance; Violations
17.93.330 Enforcement Authority
17.93.340 Right of Entry/Inspection
17.93.350 Enforcement Costs
17.93.360 Private Right of Action
17.93.370 Release of Liability and Hold Harmless
- 1 -
17.93.380 Fees
17.93.390 Effect of Invalidity
ARTICLE 1. GENERAL TERMS
17.93.100 Authority
The Calaveras County Board of Supervisors enacts this Chapter pursuant to authority granted by
Article XI Section 7 of the California Constitution, Sections 25845 and 53069.4 of the
California Government Code and Section 11362.83(c) of the California Health and Safety Code.
17.93.110 Purpose and Intent
A. The purpose and intent of this Chapter is to quickly establish land use regulations
concerning the cultivation, manufacture, testing, distribution, transportation, and storage of
medical marijuana within the County of Calaveras in order to limit and control such activities
in coordination with the State of California in the implementation of the Medical Marijuana
Regulation and Safety Act (hereinafter "MMRSA")(SB 643, AB 266, and AB 243 as adopted
September 11, 2015). The County intends to proceed in the near future with the development
of a revised, permanent ordinance that most effectively regulates all facets of medical
marijuana activities.
B. The purpose and intent of this Chapter is also intended to address the County of
Calaveras's prerogative to license, permit, and control cultivation and commercial activities
involving medical marijuana as set forth in the MMRSA, including, but not limited to the
provisions of Business and Professions Code Sections 19315, 19316, 19320, 19322, 19332,
and 19360 and Health and Safety Code Section 11362.777, in conjunction with state licensing
requirements and local laws, in order to protect the public health, safety. and welfare of the
residents of the County of Calaveras, and to reduce or eliminate any adverse environmental
effects of existing cannabis cultivation or commercial activities involving medical marijuana
in the County of Calaveras, and to prevent adverse environmental effects of any new cannabis
cultivation or commercial activities involving medical marijuana which may be permitted in
the future in accordance with this Chapter and State law.
C. The purpose and intent of this Chapter is also to reduce conditions that create public
nuisances by enacting regulations including, without limitation, restrictions as to location,
type, and size of marijuana cultivation sites, the location, type, and size of commercial
activities involving medical marijuana and the use of adequate screening, security, and other
protective measures to more effectively control the adverse impacts associated with medical
marijuana cultivation and commercial activities related to medical marijuana.
D. The purpose and intent of this Chapter is also to consider and respect the needs of
qualified patients in furtherance of the public necessity, health. safety, convenience, and
general welfare within the Board's jurisdictional limits. Nothing in this Chapter shall be
construed to authorize any use, possession, cultivation, manufacture, transportation, or
distribution of marijuana or marijuana products for non-medical purposes or that is in
violation of law.
17.93.120 Findings
-2-
A. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a
Schedule I Drug, which is defined as a drug or other substance that has a high potential for
abuse, that has no currently accepted medical use in treatment in the United States, and that
has not been accepted as safe for use under medical supervision.
B. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person
to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture,
distribute or dispense, marijuana. The Federal Controlled Substances Act contains no
exemption for the cultivation, manufacture, distribution, dispensation, or possession of
marijuana for medical purposes.
C. In 1996, the voters of the State of California approved Proposition 215, "The Compassionate
Use Act", (codified as Health and Safety Code Section 11362.5), which was intended to
decriminalize cultivation and possession of medical marijuana by a seriously ill patient, or
the patient's primary caregiver, for the patient's personal use, and to create a limited defense
to the crimes of possessing or cultivating marijuana. The Act further provided that nothing
in it shall be construed to supersede legislation prohibiting persons from engaging in
conduct that endangers others, or to condone the diversion of marijuana for non-medical
purposes.
D. The State enacted SB 420 in 2004 (known as the "Medical Marijuana Program Act",
codified as Health and Safety Code Section 11362.7 et seq.) to expand and clarify the scope
of The Compassionate Use Act of 1996 by creating the Medical Marijuana Identification
Card program, creating reasonable regulations for cultivating, processing, transporting and
administering marijuana, as well as limiting the amount of marijuana a qualified individual
may possess.
E. The Medical Marijuana Program Act defines a "primary caregiver" as an individual who is
designated by a qualified patient or by a person with an identification card, and who has
consistently assumed responsibility for the housing, health, or safety of that patient or person
and is further defined in the California Supreme Court decision People v. Mentch (2008) 45
Ca1.4th 274.
F. The State enacted the Medical Marijuana Regulation and Safety Act (MMRSA) on
September 11. 2015 (SB 643, AB 266, and AB 243), instituting a comprehensive state -level
licensure and regulatory scheme for commercial cultivation, manufacturing, distribution,
transportation, laboratory testing, and dispensing of medical marijuana through numerous
changes and additions to the Business & Professions Code and the Health and Safety Code.
MMRSA legalizes and regulates for-profit commercial activity related to medical marijuana
in California.
G. The County's geographic and climatic conditions, which include dense forested areas with
adequate precipitation and mild winters, provide conditions that are favorable to outdoor
marijuana cultivation, allowing growers to achieve a high per -plant yield. The Federal Drug
Enforcement Administration reports that various types of marijuana plants under various
planting conditions may yield averages of 236 grams, or about one-half (1/2) pound, to 846
grams, or nearly two (2) pounds.
H. Children (minor under the age of 18) are particularly vulnerable to the effects of marijuana
use and the presence of marijuana plants or products is an attractive nuisance for children,
creating an unreasonable hazard in areas frequented by children (including schools, parks,
and other similar locations).
-3-
1. The unregulated cultivation of marijuana in the unincorporated area of Calaveras County
can adversely affect the health, safety, and well-being of the County, its residents and
environment. Comprehensive civil regulation of premises used for marijuana cultivation,
including zoning regulation, is proper and necessary to reduce the risks of criminal activity,
degradation of the natural environment, malodorous smells, and indoor electrical fire
hazards that may result from unregulated marijuana cultivation, and that are especially
significant if the amount of marijuana cultivated on a single premises is not regulated and
substantial amounts of marijuana are thereby allowed to be concentrated in densely
populated areas.
J. Comprehensive regulation of premises used for marijuana cultivation or commercial
activities related to marijuana is proper and necessary to address the risks and adverse
impacts as stated herein, that are especially significant if the amount of marijuana cultivated
on a single premises is not regulated and substantial amounts of marijuana are thereby
allowed to be concentrated in one place.
K. Comprehensive regulation of commercial activities related to marijuana, including but not
limited to the manufacture of marijuana products, distribution of marijuana, storage of
marijuana, testing of marijuana, and commercial transport of marijuana, is proper and
necessary to address the risks and adverse impacts associated with such activities, which
include but are not limited to risks related to the concentration of large amounts of marijuana
on a single premises, fire hazards, and toxin release hazards.
L. Outdoor marijuana cultivation, especially within the foothills, is creating devastating impacts
to California's surface and groundwater resources. The State Water Resources Control
Board, the North Coast Regional Water Quality Control Board, the Central Valley Regional
Water Quality Control Board and the Department of Fish and Wildlife have seen a dramatic
increase in the number of marijuana gardens, and corresponding increases in impacts to water
supply and water quality, including the discharge of sediments, pesticides, fertilizers,
petroleum hydrocarbons, trash and human waste. The sources of these impacts result from
unpermitted and unregulated timber clearing, road development, stream diversion for
irrigation, land grading, erosion of disturbed surfaces and stream banks, and temporary
human occupancy without proper sanitary facilities.
M. The immunities from certain prosecution provided to qualified patients and their primary
caregivers under State law to cultivate marijuana plants for medical purposes does not confer
the right to create or maintain a public nuisance. By adopting the regulations contained in
this Chapter in coordination with MMRSA, the County is hoping to minimize the risks of and
complaints regarding fire, odor, crime and pollution caused or threatened by the unregulated
cultivation of marijuana in the unincorporated area of Calaveras County.
N. Nothing in this Chapter shall be construed to allow the use of marijuana for non-medical
purposes, or allow any activity relating to the cultivation, distribution, or consumption of
marijuana that is otherwise illegal under State law. No provision of this Chapter shall be
deemed a defense or immunity to any action brought against any person by the County of
Calaveras, Calaveras County District Attorney, the Attorney General of State of California,
or the United States of America.
O. In Browne v. County of Tehama, 213 Cal. App. 4th 704 (2013), the California Court of
Appeal stated that "Neither the Compassionate Use Act nor the Medical Marijuana Program
grants ... anyone ... an unfettered right to cultivate marijuana for medical purposes.
Accordingly, the regulation of cultivation of medical marijuana does not conflict with either
-4-
statute." Similarly, in City of Riverside v. Inland Empire Patients Health & Wellness Center,
Inc., 56 Cal. 4th 729 (2013), the California Supreme Court concurred that "Nothing in the
CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction,
by its own ordinances, to regulate the use of its land ..." Additionally, in Maral v. City of
Live Oak (2013), 221 Cal.App. 4th 975, 983, review denied 2014 Cal. LEXIS 2402 (March
26, 2014), the same Court of Appeal held that "there is no right—and certainly no
constitutional right—to cultivate medical marijuana ..." The Court in Live Oak affirmed the
ability of a local governmental entity to prohibit the cultivation of marijuana under its land
use authority.
P. California Business and Professions Code §19315 expressly states that the chapter added to
the Business and Professions Code pursuant to the MMRSA shall not be interpreted "to
supersede or limit existing local authority for law enforcement activity, enforcement of local
zoning requirements or local ordinances, or enforcement of local permit or licensing
requirements".
Q. California Business and Professions Code § 19316(a) expressly states, "Pursuant to Section 7
of Article XI of the California Constitution, a city, county, or city and county may adopt
ordinances that establish additional standards, requirements, and regulations for local licenses
and permits for commercial cannabis activity. Any standards, requirements, and regulations
regarding health and safety, testing, security, and worker protections established by the state
shall be the minimum standards for all licensees statewide."
R. California Business and Professions Code § 19316(c) expressly states, "Nothing in this
chapter, or any regulations promulgated thereunder, shall be deemed to limit the authority or
remedies of a city, county, or city and county under any provision of law, including, but not
limited to, Section 7 of Article Xi of the California Constitution.
S. California Business and Professions Code § 19320(d) expressly states that "local jurisdictions
retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant
to this chapter and the business activities of those licenses".
17.93.130 Applicability and Interpretation
A. The regulations in this Chapter shall apply to the location and permitting of cultivation
of marijuana and commercial activities related to marijuana in zoning districts within
which such use is authorized under the County Code. However, for the purposes of
this Chapter, medical marijuana dispensaries are excluded from the definition of
"commercial activities related to marijuana", as medical marijuana dispensaries are
separately regulated under Chapter 17.91 of the Calaveras County Code.
B. All provisions of this Chapter shall apply regardless of whether the activities existed
or occurred prior to the adoption of this Chapter.
C. All cultivation of marijuana, and all commercial activities related to marijuana,
regardless of whether or not it has been regulated or allowed in the past, shall come
into full compliance with the provisions of this Chapter within one (1) year of the
adoption by the Board of Supervisors of the initial ordinance establishing this Section.
D. Nothing in this Chapter is intended, nor shall it be construed, to exempt the cultivation
of marijuana or commercial activities related to marijuana from compliance with all
other applicable Calaveras County zoning, and land use regulations, as well as other
applicable provisions of the County Code, or compliance with any applicable state
-5-
laws.
E. Nothing in this Chapter is intended, nor shall it be construed, to exempt the cultivation of
marijuana or commercial activities related to marijuana regulated by this Chapter from
any and all applicable local and state construction, electrical, plumbing, land use, water
rights, waste water discharge, streambed alteration, or any other environmental, building
or land use standards or permitting requirements.
F. Nothing in this Chapter is intended, nor shall it be construed, to preclude a landlord or
property owner from limiting or prohibiting cultivation of marijuana and/or from
prohibiting commercial activities related to marijuana.
G. Unless expressly stated otherwise, the definitions in this Chapter are intended to apply
solely to the regulations in this Chapter unless.
H. Notwithstanding the fact that Health and Safety Code Section 11362.777 declares that
medical cannabis is an agricultural product for purposes of that Section and the
MMRSA, (Business and Professions Code Section 19300, et. seq.), the cultivation of
cannabis for medical use shall not be permitted in any zone within the County of
Calaveras, unless a zoning clearance certificate or conditional use permit is first
obtained from the County, and the person engaged in such activity has obtained all
state licenses and permits which may be required by the applicable state licensing
authorities.
1. No medical cannabis activity regulated by this Chapter may be approved as an accessory
use to any other use permitted under Title 17.
J. If an applicant for a certificate or permit under this Chapter seeks to engage in more than
one medical cannabis activity on any one parcel, a separate certificate or permit shall be
required for each proposed use.
K. A separate certificate or permit is required for each parcel on which an applicant proposes
to engage in a medical cannabis activity regulated by this Chapter.
L. A commercial cannabis operation shall provide to the planning director, upon request,
written evidence to the planning director's reasonable satisfaction, that the operation is
not engaged in interstate commerce, as it relates to medical cannabis.
17.93.140 Scope
The provisions of this Chapter shall apply generally to all property throughout the
unincorporated area of the County of Calaveras.
17.93.150 Definitions
Except where the context otherwise requires, the following definitions shall govern the
construction of this Chapter:
A. "Cannabinoid" or "phytocannabinoid" has the same meaning as in Business and Professions
Code §19300.5(e).
B. "Cannabis" or "Marijuana" means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica. or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may
hereafter be discovered or developed that has psychoactive or medicinal properties, whether
growing or not, including the seeds thereof. "Cannabis" or "Marijuana" also means
marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter
-6-
1407 of the Statutes of 1972. For the purposes of this Chapter, "cannabis" does not mean
"industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section
11018.5 of the Health and Safety Code.
C. "Caregiver" or "primary caregiver" has the same meaning as in Health and Safety Code
§ 19300.5(h).
D. "Code" means the Calaveras County Code.
E. "Code Enforcement Officer" means any person employed by the County of Calaveras and
appointed to the position of code enforcement officer.
F. "Commercial marijuana activity" or "Commercial activities involving medical marijuana"
means either:
I) Any activity involving the planting, growing, harvesting, drying, curing, grading, or
trimming of cannabis for medical use, including nurseries, that is intended to be
transported, processed, manufactured, distributed, dispensed, delivered, or sold in
accordance with MMRSA for use by medical cannabis patients in California pursuant
to the Compassionate Use Act of 1996 (Proposition 215), found at Section 1 1362.5 of
the Health and Safety Code; or
2) Any cultivation, possession, manufacture, processing, storing, laboratory testing,
labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis
product in accordance with MMRSA.
G. "Commercial cannabis cultivation" shall have the same meaning as Section I7.93.150(F)(1)
of the Calaveras County Code.
H. "Costs of Enforcement" or "Enforcement Costs" means all costs, direct or indirect, actual or
incurred related to the performance of various administrative acts required pursuant to the
enforcement of this Chapter, which include but are not limited to: administrative overhead,
salaries and expenses incurred by County Officers, site inspections, investigations, notices,
telephone contacts and correspondence, conducting hearings, as well as time expended by
County staff in calculating the above expenses. The costs also include the cost of time and
expenses associated with bringing the matter to hearing, the costs associated with any appeals
from any decision rendered by any hearing body, the costs of judicially abating a violation,
and all costs associated with removing, correcting or otherwise abating any violation,
including administrative penalties of this Chapter.
I. "County" means the County of Calaveras.
J. "Cultivation site" means the location or a facility where medical cannabis is planted, grown,
harvested, dried, cured, graded, or trimmed, or that does all or any combination of those
activities in conformance with MMRSA or, to the extent that the activity is exempt from
MMRSA, in conformance with local laws and regulations.
K. "Delivery" has the same meaning as in Business and Professions Code §19300.5(m).
L. "Dispensary", "Medical Marijuana Dispensary, or "Medical Cannabis Dispensary", for
purposes of this Chapter, has the same meaning as in Business and Professions Code
§ 19300.5(n).
M. "Distribution" has the same meaning as in Business and Professions Code § I9300.5(p)
N. "Distributor" has the same meaning as in Business and Professions Code §19300.5(q).
O. "Dwelling", for purposes of this Chapter, means a building intended for human habitation
that has been legally established, permitted and certified as a single-family or multi -family
dwelling.
P. "Edible cannabis product" has the same meaning as in Business and Professions Code
-7-
§ 19300.5(s).
Q. "Enforcement Official" means a Code Enforcement Officer or the Sheriff, or the authorized
deputies or designees of either, each of whom is independently authorized to enforce this
Chapter.
R. '`Entity" has the same definition as "Person" except that it does not mean an individual.
S. "Identification card" shall have the same meaning as "Identification card" as defined in the
California Health and Safety Code, commencing with Section 11362.7(g).
T. "License", "License Classification", or "License Type" means a state -issued license as
described in Business and Professions Code § 19300.7.
U. "Licensee" has the same meaning as in Business and Professions Code § 19300.5(ab).
V. "Manufactured cannabis" or "Manufactured cannabis products" has the same meaning as
"Manufactured cannabis" in Business and Professions Code §19300.5(ae).
W. "Manufacturer" has the same meaning as in Business and Professions Code §19300.5(y)
X. "Marijuana plant" means any mature or immature marijuana plant including the stalks of the
plant, or any marijuana seedling, that is capable of producing marijuana. A "mature"
marijuana plant is one whose sex can be determined by visual inspection.
Y. '`Medical cannabis", "medical cannabis product", or "cannabis product" has the same
meaning as in Business and Professions Code § 19300.5(ag).
Z. "Medical cannabis activity" means any use of marijuana regulated by this Chapter, including
but not limited to "Commercial marijuana activity" or non-commercial cultivation of
marijuana.
AA. "Mobile delivery" has the same meaning as the first sentence of Business and
Professions Code §19300.5(m).
BB. "Nursery" has the same meaning as in Business and Professions Code § 19300.5(ah).
CC. "Parcel" means any parcel of real property that may be separately sold in compliance
with the Subdivision Map Act (commencing with Section 66410 of the Government Code)
and also means any parcel that is described, recorded and kept in official County records
specifically including documents and maps used by the County Assessor's Office, the County
Tax Collector's Office and the County Recorder's Office.
DD. "Person" has the same meaning as "Person" in Business and Professions Code
§ 19300.5(aj).
EE."Person with an identification card" shall have the same meaning as "Person with an
identification card" as defined in the California Health and Safety Code, commencing with
Section 11362.7(c).
FF. 'Personal cultivation" means cannabis cultivation up to one hundred (100) square feet of
total canopy area by a qualified patient, as defined in Section 11362.7 of the Health and
Safety Code, who cultivates and possesses cannabis exclusively for his or her personal
medical use but who does not provide, donate, sell, or distribute cannabis to any other person
or entity.
GG. "Primary Caregiver" shall have the same meaning as "primary caregiver" as defined in
the California Health and Safety Code, commencing with Section 11362.7(d), and as further
defined in the California Supreme Court decision People v. Mentch (2008) 45 Ca1.4th 274.
HH. "Primary caregiver cultivation" means cannabis cultivation of up to one hundred (100)
square feet of total canopy per qualified patient or person with an identification card by a
person who cultivates, possesses, transports, donates, or provides cannabis exclusively for
the personal medical purposes of no more than two individuals for whom he or she is the
-8-
primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code, but
who does not receive remuneration for these activities except for compensation in full
compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code.
"Transport" for purposes of this subsection does not have the same meaning as
17.93.150(PP).
II. "Public View" shall mean as viewed at ground level, without the use of a ladder or similar
device, from any place the general public has a lawful right to be including the public right of
way, a public way or neighboring premises.
JJ. "Qualified Patient" shall have the same meaning as "qualified patient" as defined in the
California Health and Safety Code, commencing with Section 1 1362.7(0.
KK. "Residence" shall have the same meaning as "Dwelling" for purposes of this Chapter.
LL. "Sheriff" or "Sheriff's Office" means the Calaveras County Sheriffs Office or the
authorized representatives thereof.
MM. '`Testing laboratory" has the same meaning as in Business and Professions Code
§ 19300.5(z).
NN. "Topical cannabis" has the same meaning as in Business and Professions Code
§ 19300.5(al).
00. "Total canopy area" means the gross area of cannabis planting covered by the canopy of
all marijuana to be cultivated on the parcel when the marijuana plants reach their maximum
canopy size, including the space between the plants within a single fenced area.
PP. "Transport" or "transportation", for purposes of this Chapter, has the same meaning as in
Business and Professions Code §19300.5(am).
QQ. "Transporter" has the same meaning as in Business and Professions Code § I9300.5(aa).
RR. "Zoning clearance certificate". for purposes of this Chapter, means a ministerial, over-
the-counter certificate of compliance provided by the Planning Department after a complete
application has been filed pursuant to 17.93.200 and after verification that the proposed use is
compatible with the parcel's zoning and the applicable development standards. The zoning
clearance certificate is also intended to serve, whenever a local permit is not required, as the
"license or permit from the local jurisdiction" required by Business and Professions Code
§19320(a) as a condition precedent to state licensure for commercial cannabis activities.
regulated by MMRSA.
17.93.160 Validation and Revocation of Certificates and Permits
A. Chapter 17.90 applies to all certificates or permits issued pursuant to this Chapter, and all
certificates or permits must be validated pursuant to this Chapter before the uses they
authorize can commence. Certificates or permits issues pursuant to this Chapter shall not be
validated until Applicant returns to the Planning Department with the State -issued license(s)
required under MMRSA for the proposed use and receives a stamp or other indicia of
activation from Planning Department staff.
B. Certificates issued pursuant to this Chapter may be revoked pursuant to Section 17.90.050 of
the Calaveras County Code for failure to comply with Title 17 of the Calaveras County Code
and/or with State law, for being issued in error, or for being issued under false pretenses.
C. Administrative Use Permits or Conditional Use Permits may also be revoked pursuant to
Section 17.90.050 for any of the following reasons:
-9-
1. The applicant, after receiving a permit, fails or refuses to inform the County of
alterations to the property that would compromise the original permit approval, has
submitted false or misleading information as part of the application, fails to comply
with the permit conditions, or either fails to obtain or loses through revocation any
other required local, county, regional, or state permit or license.
2. After issuance of the permit, the County discovers that approving the permit violated
a county, state, or local law or regulation, or the permit was otherwise issued in error.
D. If a certificate or permit is revoked pursuant to this Section, the Planning Director shall notify
the State Bureau of Medical Marijuana Regulation pursuant to Business & Professions Code
§ 19320(b).
17.93.170 Terms of Certificates and Permits; Renewal
A. Any zoning clearance certificate issued pursuant to this Chapter shall automatically
expire after one (1) year after date of issuance, and on the anniversary of such issuance
each year thereafter, unless an annual compliance inspection has been conducted by Code
Compliance, the permitted site has been found to comply with all conditions of approval,
and a renewal has been approved by the Planning Department.
B. Any administrative use or conditional use permit issued pursuant to this Chapter shall
automatically expire after one (1) year after date of issuance, and on the anniversary of
such issuance each year thereafter, unless an annual compliance inspection has been
conducted by Code Compliance, the permitted site has been found to comply with all
conditions of approval, and a renewal has been approved by the Planning Director.
C. Notwithstanding any other provision in this Section, if a cultivation site has not been
inspected by the annual renewal deadline after a timely application to renew its certificate
or permit, the Planning Department may issue a renewal so long as the permitted site has
not been found out of compliance with any state or local laws or with any condition of
approval. This provision applies only to cultivation sites.
D. If Code Compliance determines that the site for which a certificate or permit renewal is
sought does not comply with the requirements of this Chapter or, if applicable, the
conditions of approval, Code Compliance shall serve the certificate or permit holder with
a written Statement of Non -Compliance identifying the items not in compliance, and the
action that the certificate or permit holder may take to cure the non-compliance. The
Statement of Non -Compliance shall also inform the certificate or permit holder of the
right to file an appeal within ten (10) calendar days of the date that the written letter was
delivered to the certificate or permit holder. Personal delivery or mailing the written
statement to the mailing address listed on the application by regular mail, plus three (3)
days after mailing, shall constitute delivery. The certificate or permit holder may request
a reinspection to determine whether or not he/she has cured all issues of non-compliance.
Failure to cure any items of non-compliance and request reinspection within thirty (30)
days of receiving the written statement of non-compliance; or failure to file a timely
appeal which results in a final determination that the appeal is granted; shall terminate the
certificate or permit holder's option to renew the certificate or permit. To receive a
subsequent certificate or permit, the applicant whose option to renew has been terminated
will need to begin the original application process anew.
E. Within ten (10) days after delivery of the Statement of Non -Compliance, the
- 10-
determination by Code Compliance may be appealed by the certificate or permit holder to
the Code Compliance Administrative Hearing Board pursuant to Section 8.06.560, and
the certificate or permit holder shall be provided with an opportunity to appear before that
Board. A certificate or permit holder may also appeal the Administrative Hearing
Board's determination pursuant to the Board of Supervisors pursuant to Section 8.06.560.
The determination of the Board of Supervisors shall be final.
F. Neither the issuing of a Statement of Non -Compliance nor the pendency of proceedings
contesting it in any way operate to limit any existing power of the County of Calaveras to
simultaneously or subsequently enforce County ordinances, to abate any and all
nuisances. or employ any remedy available at law or equity in code enforcement
activities pursuant to Title 8 or Section 17.100 of the Calaveras County Code, including
but not limited to nuisance abatement activities or proceedings, concerning the same
Parcel for which a Statement of Non -Compliance was issued.
G. Neither the issuing of a Statement of Non -Compliance nor the pendency of proceedings
contesting it in any way limit or prevent the Planning Director from simultaneously or
subsequently initiating or continuing to pursue a permit revocation action pursuant to
Section 17.93.160 of this Chapter.
ARTICLE 2. COMMERCIAL CANNABIS CULTIVATION
17.93.180 License Types and Locational Requirements
A. For purposes of this Chapter, "Indoor" means a cultivation site operated pursuant to
License Type IA, 2A, or 3A.
B. For purposes of this Chapter, "Outdoor" means a cultivation site operated pursuant to
License Type 1, 2, or 3.
C. For purposes of this Chapter, "Mixed Light" means a cultivation site operated pursuant to
License Type 1B, 2B, or 3B.
D. A nursery is a cultivation site and shall be licensed pursuant to License Type 4.
E. The type of zoning clearance certificate or permit issued by the Planning Department
prior to engaging in the commercial cultivation of cannabis for medical use shall be
determined by the zoning classification of the parcel on which the activity is to be
conducted and the type of state license required for that operation pursuant to the
MMRSA, in accordance with the following chart where "P" signifies that a zoning
clearance certificate is required, "AUP" signifies an administrative use permit is required,
"CUP" signifies a conditional use permit is required, and "-" means the use in not
permitted in that zone:
Outdoor/Mixed Li
Zone
Personal Use
Caregiver
I or lB
License
2 or 2B
License
3 or 3B
License
Nursery
Unclassified, U
P
P
CUP
CUP
-
Highway Service, HS
P
-
-
-
-
Residential Agriculture, RA
P
P
CUP
CUP
-
Rural Residential, RR
P
P
CUP
CUP
-
-11-
General Forest, GF
P
P
CUP
CUP
-
General Agriculture, Al
P
P
CUP
CUP
CUP
Agriculture Preserve, AP
P
-
-
-
-
Indoor Cultivate
Zone
Personal Use
Caregiver
lA
License
2A
License
3A
License
Unclassified, U
P
-
-
-
Highway Service, HS
P
-
-
-
Residential Agriculture, RA
P
-
-
-
Rural Residential, RR
P
-
-
-
Single -Family Residential, R
P
-
-
-
General Forest, GF
P
-
-
-
General Agriculture, Al
P
-
-
-
Agriculture Preserve, AP
P
-
-
-
Light Industrial, MI
-
CUP
CUP
CUP
General Industrial, M2
-
CUP
CUP
CUP
Business Park, M4
-
CUP
CUP
CUP
17.93.190 Outdoor, Mixed Light, and Nursery Commercial Cannabis
Cultivation—General Provisions
A. This section applies to all outdoor and mixed light commercial cannabis cultivation.
B. All outdoor and mixed light commercial cannabis cultivation shall operate in compliance
with this Chapter, MMRSA, and all other applicable state and local laws and regulations.
C. Outdoor and mixed light commercial cannabis cultivation shall be allowed in specifically
enumerated zones, only with a zoning clearance certificate issued by the Planning
Department or conditional use permit issued pursuant to Chapter 17.82 of the Calaveras
County Code. Outdoor, mixed light, or nursery commercial cannabis cultivation in any other
zoning district in the County of Calaveras is prohibited.
D. The fact that an applicant possesses other types of state or county permits, licenses, or other
entitlements does not exempt the applicant from the requirement of obtaining a zoning
clearance certificate or conditional use permit from the County of Calaveras to engage in
outdoor, mixed light, or nursery commercial cannabis cultivation within the jurisdiction of
the County.
E. Outdoor, mixed light, and nursery commercial cannabis cultivation shall at all times be
operated in such a way as to ensure the health and safety of employees, independent
contractors, visitors to the area, neighboring property owners, and end users of medical
marijuana; to protect the environment from harm to streams, fish, and wildlife; to ensure the
security of the medical marijuana; and to safeguard against the diversion of medical
marijuana for non-medical purposes.
17.93.200 Application Requirements for Outdoor, Mixed Light, and Nursery Commercial
Cannabis Cultivation Zoning Clearance Certificates or Conditional Use Permits
- 12 -
A. All applicants for outdoor, mixed light, or nursery commercial cannabis zoning clearance
certificates or conditional use permits shall fill out an application administered by the Planning
Department that captures, at a minimum, the following information:
1. The applicant's business name, physical address, mailing address (if different), and
phone.
2. The applicant's personal name, physical address, mailing address (if different), and
phone.
3. If the applicant is not the record title owner of the parcel for which a certificate or permit
is sought, written consent of the owner of the parcel with original signature and notary
acknowledgement. If the owner of the parcel is an entity, the written consent must be
accompanied by a document demonstrating that the individual providing it is legally
authorized to confer that permission on behalf of the entity.
4. If not the owner or applicant, the name, physical address, mailing address, and contact
phone number of a designated adult individual permanently residing in an inhabited
dwelling on the parcel containing the cultivation site (or on a contiguous parcel under
common ownership) and his/her written consent to serve as an emergency contact.
5. If a conditional use permit is required, a signed indemnification agreement per Section
17.93.370 executed by both the applicant and landowner. If the applicant and/or
landowner is an entity, the agreement must be accompanied by a document
demonstrating that the individual executing it is legally authorized to confer that
permission on behalf of the entity.
6. If the applicant is corporation, limited liability company, or limited partnership, a date -
marked printout from the California Board of Equalization's "Business Search" website
indicating that the entity is currently listed as "Active" with the Board of Equalization.
7. Signed written consent to reasonable compliance inspections by County staff between the
hours of 7:00 a.m. and 7:00 p.m., excluding holidays.
8. Site plan showing the entire parcel, the location and area for all cultivation on the parcel,
with dimensions of each area to be used for cultivation and setbacks from property lines.
9. A description of cultivation activities (outdoor, indoor, mixed light, nursery); hours of
operation; and a schedule of activities during each month of the growing and harvesting
season.
10. A security plan describing how the cultivation area will be secured against access by
trespassers, including discussion of all fencing, screening, gating, locks, lighting,
cameras, and alarms.
11. Copy of the statement of water diversion, or other permit, license, or registration filed
with the California Water Resources Control Board, Division of Water Rights, if
applicable.
12. Description of legal water source, irrigation plan, and projected water usage.
13. For any cultivation operation whose cultivation activities will occupy and/or disturb more
than 1000 square feet, a copy of the Notice of Intent and Monitoring Self -Certification
and other documents filed with the Central Valley Regional Water Quality Control Board
demonstrating enrollment in its Cannabis Cultivation Waste Discharge Regulatory
Program pursuant to General Order R5-2015-0113, or any substantially equivalent rules
or orders that may be subsequently adopted by the County or other responsible agency.
- 13 -
14. If any on-site or off-site component of the cultivation facility, including access roads,
water supply, grading or terracing impacts the bed or bank of any stream or other
watercourse, a copy of the Streambed Alteration Permit obtained from the Department of
Fish & Wildlife.
15. If the source of water includes a well, a copy of the well permit.
16. If the quantities of pesticides or other hazardous materials are such that a permit is
required through Environmental Health, a copy of that permit.
B. All conditional use permits applied for pursuant to this Section shall be submitted and
processed pursuant to Chapter 17.88 of the Calaveras County Code. Appeals of decisions made
by the Planning Department staff, the Planning Commission, and the Board of Supervisors with
respect to an application under this Section shall be processed and heard pursuant of Chapter
17.98 of the Calaveras County Code.
17.93.210 Outdoor, Mixed Light and Nursery Commercial Cannabis Cultivation
Development Standards and Operational Requirements
A. Compliance with all state and local laws and with the conditions of all permits.
Applicants seeking authorization to cultivate marijuana on parcels where active Code
Enforcement violations of any provision of the Calaveras County Code exist shall first
correct Code violations prior to receiving a County certificate or permit pursuant to this
chapter.
B. Possession of a current, valid required license, or licenses, issued by any agency of the
State of California in accordance with the MMRSA, and regulations promulgated
thereunder.
C. Possession of a current, valid business license issued by the County.
D. Compliance with all statutes, regulations and requirements of the California State Water
Resources Control Board, Division of Water Rights, including the statement of diversion
of surface water from a stream, river, underground stream, or other watercourse required
by Water Code §5101, or other applicable permit, license, or registration.
E. The area of cannabis cultivation shall be located as shown on the application site plan, set
back at least thirty (30) feet from any property line, and the parcel shall be at least one
thousand (1000) feet from any parcel containing a "sensitive use" as that term is defined
in Calaveras County Code 17.91.060(B), measured using the shortest distance between
the property lines of the respective parcels.
F. The total canopy area, as defined by Calaveras County Code 17.93.150(00) cannot
occupy more than 25% of the parcel's total square footage.
G. The cultivation area shall be fully enclosed by an eight -foot tall fence of a material and
strength that reasonably prevents against access by trespassers and children and adequate
screening to prevent the marijuana plants from being viewed by members of the public
present on public roads, public lands and properties, and parcels containing a "sensitive
use" as that term is defined in Calaveras County Code 17.91.060(B).
H. Access to the cultivation area shall be controlled by a gate and lock system of reasonable
durability and strength to reasonably prevent against access by trespassers and children.
I. Maintain enrollment in Tier 1, 2, or 3, certification with the Central Valley Regional
Water Quality Control Board General Order No. R5-2015-0113, if applicable, or any
14-
substantially equivalent rules or orders that may be subsequently adopted by the County
or other responsible agency.
J. Comply with any and all state and local laws or regulations related to the use, storage,
and disposal of pesticides.
K. Comply with the terms of any applicable permit or plan allowing agricultural cultivation
in a Timber Preserve Zone.
L. A lawful permanent dwelling must exist on either the parcel containing the cultivation
site, or on a contiguous parcel in common ownership with the parcel containing the
cultivation site, which must be inhabited on a permanent basis by either the owner or
applicant or by a consenting adult designated by the applicant to serve as an emergency
contact. Applicant must immediately inform the Planning Department of any changes to
the name or contact information for this individual.
M. Consent to reasonable on-site compliance inspections by County staff between the hours
of 7:00 a.m. and 7:00 p.m., excluding holidays.
N. Refrain from the improper storage of or use of any fertilizer, pesticide, fungicide,
rodenticide, or herbicide.
0. Pay all applicable application and inspection fees.
P. Comply with all laws, regulations, and standards related to weights and measures.
Q. Comply with all laws, regulations, and permits issued by Fish and Game.
R. Comply upon request with any request by a County official or employee authorized to
enforce this Chapter to examine any and all records maintained pursuant to Business and
Professions Code 19327.
S. Meet any specific, additional operating procedures and measures as may be imposed as
conditions of approval by the county to ensure that the cultivation is consistent with
protection of the health, safety and welfare of the community and will not adversely
affect surrounding uses.
17.93.220 Indoor Commercial Cannabis Cultivation—General Provisions
A. This section applies to all indoor commercial cannabis cultivation.
B. All indoor commercial cannabis cultivation shall operate in compliance with this Chapter,
MMRSA, and all other applicable state and local laws and regulations.
C. Indoor commercial cannabis cultivation shall be allowed in specifically enumerated zones,
only with a conditional use permit issued pursuant to Chapter 17.82 of the Calaveras County
Code. Indoor commercial cannabis cultivation in any other zoning district in the County of
Calaveras is prohibited.
D. The fact that an applicant possesses other types of state or county permits, licenses, or other
entitlements does not exempt the applicant from the requirement of obtaining a conditional
use permit from the County of Calaveras to engage in indoor commercial cannabis
cultivation within the jurisdiction of the County.
E. Indoor commercial cannabis cultivation shall at all times be operated in such a way as to
ensure the health and safety of employees, independent contractors, visitors to the area,
neighboring property owners, and end users of medical marijuana; to protect the environment
from harm to streams, fish, and wildlife; to ensure the security of the medical marijuana; and
to safeguard against the diversion of medical marijuana for non-medical purposes.
- 15 -
17.93.230 Application Requirements for Indoor Commercial Cannabis Cultivation
Conditional Use Permits
A. All applicants for indoor commercial cannabis zoning clearance certificates or
conditional use permits shall fill out an application administered by the Planning Department that
captures, at a minimum, the following information:
1. The applicant's business name, physical address, mailing address (if different), and
phone.
2. The applicant's personal name, physical address, mailing address (if different), and
phone.
3. If the applicant is not the record title owner of the parcel for which a certificate or permit
is sought, written consent of the owner of the parcel with original signature and notary
acknowledgement. If the owner of the parcel is an entity, the written consent must be
accompanied by a document demonstrating that the individual providing it is legally
authorized to confer that permission on behalf of the entity.
4. The name, physical address, mailing address, contact phone number and written consent
of a willing, competent, adult individual who permanently resides within thirty (30) miles
of the cultivation site to serve as a 24-hour emergency contact for law enforcement, fire,
utility, and County personnel pursuant to all State and local laws and regulations and who
has the means and authorization to provide access to the cultivation site in conformance
with those laws.
5. A signed indemnification agreement per Section 17.93.370 executed by both the
applicant and landowner. If the applicant and/or landowner is an entity, the agreement
must be accompanied by a document demonstrating that the individual executing it is
legally authorized to confer that permission on behalf of the entity.
6. If the applicant is corporation, limited liability company, or limited partnership, a date -
marked printout from the California Board of Equalization's "Business Search" website
indicating that the entity is currently listed as "Active" with the Board of Equalization.
7. Signed written consent to reasonable compliance inspections by County staff between the
hours of 7:00 a.m. and 7:00 p.m., excluding holidays.
8. Site plan showing the entire parcel, the location and area for all cultivation on the parcel,
with dimensions of each area to be used for cultivation and setbacks from property lines.
9. Hours of operation; and a schedule of activities during each month of the growing and
harvesting season.
10. A security plan describing how the cultivation area will be secured against access by
trespassers, including discussion of all fencing, screening, gating, Locks, lighting,
cameras, and alarms.
11. Copy of the statement of water diversion, or other permit, license, or registration filed
with the California Water Resources Control Board, Division of Water Rights, if
applicable.
12. Description of legal water source, irrigation plan, and projected water usage.
13. For any cultivation operation whose cultivation activities will occupy and/or disturb more
than 1000 square feet, a copy of the Notice of Intent and Monitoring Self -Certification
and other documents filed with the Central Valley Regional Water Quality Control Board
demonstrating enrollment in its Cannabis Cultivation Waste Discharge Regulatory
- 16 -
Program pursuant to General Order R5-2015-0113, or any substantially equivalent rules
or orders that may be subsequently adopted by the County or other responsible agency.
14. If any on-site or off-site component of the cultivation facility, including access roads,
water supply, grading or terracing impacts the bed or bank of any stream or other
watercourse, a copy of the Streambed Alteration Permit obtained from the Department of
Fish & Wildlife.
15. If a source of water is a well, a copy of the well permit.
16. If the quantities of pesticides or other hazardous materials are such that a permit is
required through Environmental Health, a copy of that permit.
B. All conditional use permits applied for pursuant to this Section shall be submitted and
processed pursuant to Chapter 17.88 of the Calaveras County Code. Appeals of decisions made
by the Planning Department staff, the Planning Commission, and the Board of Supervisors with
respect to an application under this Section shall be processed and heard pursuant of Chapter
17.98 of the Calaveras County Code.
17.93.240 Development Standards and Operational Requirements for Indoor Commercial
Cannabis Cultivation
A. Compliance with all state and local laws and with the conditions of all permits.
Applicants seeking authorization to cultivate marijuana on parcels where active Code
Enforcement violations of any provision of the Calaveras County Code exist shall first
correct Code violations prior to receiving a County certificate or permit pursuant to this
chapter
B. Possession of a current, valid required license, or licenses, issued by any agency of the
State of California in accordance with the MMRSA, and regulations promulgated
thereunder.
C. There shall be designated a competent, consenting, adult individual who permanently
resides within thirty (30) miles of the cultivation site to serve as a 24-hour emergency
contact for law enforcement, fire, utility, and County personnel pursuant to all State and
local laws and regulations and who has the means and authorization to provide access to
the cultivation site in conformance with those laws.
D. Compliance with all statutes, regulations and requirements of the California State Water
Resources Control Board, Division of Water Rights, including the statement diversion of
surface water from a stream, river, underground stream, or other watercourse required by
Water Code §5101, or other applicable permit, license, or registration.
E. The cultivation area shall be fully enclosed, and the windows and doors of the structure in
which the marijuana is cultivated shall have adequate screening to prevent the marijuana
plants from being viewed by members of the public present on public roads, public lands
and properties, and parcels containing a "sensitive use" as that term is defined in
Calaveras County Code 17.91.060(B).
F. Access to the portion of the parcel on which cultivation shall reasonably prevent against
access by trespassers and children.
G. Signage shall be allowed consistent with the requirements of the zone the parcel is
located in, with the exception that there shall be no direct reference to cannabis in any
form, including illustration, on the sign.
- 17-
H. Maintain enrollment in Tier 1, 2, or 3, certification with the Central Valley Regional
Water Quality Control Board General Order No. R5-2015-0113, if applicable, or any
substantially equivalent rules or orders that may be subsequently adopted by the County
or other responsible agency.
I. Comply with any and all state and local laws or regulations related to the use, storage,
and disposal of pesticides. Designate a willing, competent, adult individual who
permanently resides within thirty (30) miles of the cultivation site to serve as an
emergency contact and his/her written consent to serve as a 24-hour emergency contact
for law enforcement, fire, utility, and County personnel pursuant to all State and local
laws and regulations and to provide access to the cultivation site in conformance with
those laws. Immediately inform the Planning Department of any change to the name or
contact information of this individual.
J. Consent to reasonable on-site compliance inspections by County staff between the hours
of 7:00 a.m. and 7:00 p.m., excluding holidays.
K. Refrain from the improper storage of or use of any fertilizer, pesticide, fungicide,
rodenticide, or herbicide.
L. Pay all applicable application and inspection fees.
M. Minors shall not be allowed on any portion of the premises where marijuana is located.
N. Comply with all laws, regulations, and standards related to weights and measures.
O. Comply with all laws, regulations, and permits issued by Fish and Game.
P. Comply upon request with any request by a County official or employee authorized to
enforce this Chapter to examine any and all records maintained pursuant to Business and
Professions Code 19327.
Q. Meet any specific, additional operating procedures and measures as may be imposed as
conditions of approval by the county to ensure that the cultivation is consistent with
protection of the health, safety and welfare of the community and will not adversely
affect surrounding uses.
17.93.250 Personal Cultivation and Primary Caregiver Cultivation—General
A. This section applies to personal cultivation and primary caregiver cultivation, as those terms
are defined in 17.93.150.
B. All personal cultivation and primary cultivation shall comply with State law, including but
not limited to the Compassionate Use Act and the Medical Marijuana Program Act.
C. Personal cultivation and primary caregiver cultivation shall be allowed in specifically
enumerated zones, only with a zoning clearance certificate issued by the Planning
Department. Personal cultivation and primary caregiver cultivation in any other zoning
district in the County of Calaveras is prohibited.
D. The fact that an applicant may possess other types of state or county permits, licenses, or
other entitlements for commercial cannabis activities does not exempt the applicant from the
requirement of obtaining a zoning clearance certificate from the County of Calaveras to
engage in personal cultivation or primary caregiver cultivation within the jurisdiction of the
County.
E. Personal cultivation and primary caregiver cultivation shall at all times be operated in such a
way as to ensure the health and safety of employees, independent contractors. visitors to the
area, neighboring property owners, and end users of medical marijuana; to protect the
- 18 -
environment from harm to streams, fish, and wildlife; to ensure the security of the medical
marijuana; and to safeguard against the diversion of medical marijuana for non-medical
purposes.
17.93.260 Application Requirements for Personal Cultivation and Primary Caregiver
Cultivation Zoning Clearance Certificates
A. All applicants seeking zoning clearance certificates for personal cultivation or primary
caregiver cultivation shall fill out an application administered by the Planning Department that
captures, at a minimum, the following information:
1. The applicant's personal name, physical address, mailing address (if different), and
phone.
2. If the applicant is not the record title owner of the parcel for which a certificate is sought,
written consent of the owner of the parcel with original signature and notary
acknowledgement. If the owner of the parcel is an entity, the written consent must be
accompanied by a document demonstrating that the individual providing it is legally
authorized to confer that permission on behalf of the entity.
3. Site plan showing the entire parcel, the location and area for all out-of-doors cultivation
on the parcel (including any cultivation to take place in a greenhouse or similar
transparent or translucent structure), with dimensions of each area to be used for
cultivation and setbacks from property lines.
4. Security plan, including fencing, screening, gates, and locks, if any portion of the
cultivation will take place out-of-doors (including within a greenhouse or similar
transparent or translucent structure).
5. Signed written consent to reasonable on-site compliance inspections of the cultivation
area by law enforcement or other County personnel during business hours (8:00 a.m-5:00
p.m., excluding weekends and holidays).
6. For primary caregiver cultivation, the maximum number of qualified patients or persons
with an identification card (up to two individuals total) for whom the applicant will be
cultivating marijuana.
7. For primary caregiver cultivation, a written statement from the Sheriffs Department that
the applicant has completed a Department of Justice background check capturing the
same information as that required of a licensee pursuant to Business and Professions
Code §19322(a)(1) and has not been convicted of an offense described in Business and
Professions Code §§ 19323(b)(5)(A)-(D).
B. Appeals of decisions made by the Planning Department staff, the Planning Commission,
and the Board of Supervisors with respect to an application under this Section shall be processed
and heard pursuant of Chapter 17.98 of the Calaveras County Code.
17.93.270 Development Standards and Operational Requirements for Personal Cultivation
and Primary Caregiver Cultivation
A. Comply with all state and local laws, including the conditions of any applicable permits.
- 19-
B. Personal cultivation may only occur on a parcel improved with an occupied, legally
established dwelling which serves as the primary residence of the patient cultivating for
him/herself.
C. Primary caregiver cultivation may only occur on a parcel improved with an occupied,
legally established dwelling which serves as the primary residence of the primary
caregiver.
D. The area of all out-of-doors personal cultivation or primary caretaker cultivation shall be
located as shown on the application site plan, set back at least thirty (30) feet from any
property line, and the parcel shall be at least one thousand feet from any parcel containing
a "sensitive use" as defined in Calaveras County Code 17.91.060(B), measured using the
shortest distance between the property lines of the respective parcels.
E. If personal cultivation or primary caregiver cultivation is occurring out-of-doors,
including within a greenhouse or similar transparent or translucent structure, the
cultivation area shall:
1. Be fully enclosed by an eight -foot tall fence of a material and strength that
reasonably prevents against access by trespassers and children and adequate
screening to prevent the marijuana plants from being viewed by members of the
public present on public roads, public lands and properties, and parcels containing
a "sensitive use" as that term is defined in Calaveras County Code 17.91.060(B),
and
2. The total canopy area, as defined by Calaveras County Code 17.93.150(00)
cannot occupy more than 25% of the parcel's total square footage.
F. A primary caregiver engaging in primary caregiver cultivation must at all times maintain
documentation identifying the name and contact information of each individual he/she is
cultivating marijuana for, and the current, valid prescription of each individual he/she is
cultivating marijuana for. These documents must be disclosed to law enforcement on
demand.
G. Patients engaging in personal cultivation and primary caregivers engaging in primary
caregiver cultivation shall provide written consent to reasonable on-site compliance
inspections by law enforcement or other county personnel during business hours (8:00
a.m-5:00 p.m., excluding weekends and holidays).
H. Comply with any and all state and local laws or regulations related to the use, storage,
and disposal of pesticides.
ARTICLE 3. OTHER COMMERCIAL CANNABIS ACTIVITIES (OTHER THAN
MEDICAL MARIJUANA DISPENSARIES)
17.93.280 License Types and Locational Requirements
A. For purposes of this Chapter, a manufacturer must have a valid License Type 6 or 7.
B. For purposes of this Chapter, a testing laboratory must have a valid License Type 8.
C. For purposes of this Chapter, a distributer must have a valid License Type 11.
D. For purposes of this Chapter, a transporter must have a valid License Type 12.
E. The type of zoning clearance certificate or permit issued by the Planning Department
prior to engaging in any of the commercial cannabis activities described in this Section shall be
determined by the zoning classification of the parcel on which the activity is to be conducted and
the type of state license required for that operation pursuant to the MMRSA, in accordance with
- 20 -
the following chart, where "P" signifies that a zoning clearance certificate is required, "AUP"
signifies an administrative use permit is required, "CUP" signifies a conditional use permit is
required, and "" means the use in not permitted in that zone:
Zone
Manufacturing
Testing
Distributing
Transporting
Dispensing
Professional Offices CP
-
--
-
CUP
Limited Commercial CI
-
CUP
-
-
CUP
General Commercial C2
-
CUP
CUP
CUP
CUP
Light Industrial MI
CUP
P
AUP
P
-
General Industrial M2
CUP
P
AUP
P
-
Business Park M4
CUP
P
AUP
P
CUP
17.93.290 Commercial Cannabis Manufacturer, Testing Laboratory, Distributor, or
Transporter—General Provisions
A. This section applies to all commercial cannabis manufacturing, testing, distributing, or
transporting.
B. All commercial cannabis manufacturing, testing, distributing, or transporting shall
operate in compliance with this Chapter, MMRSA, and all other applicable state and local laws
and regulations.
C. Commercial cannabis manufacturing, testing, distributing, or transporting shall be
allowed in specifically enumerated zones, only with a zoning clearance certificate, administrative
use permit issued pursuant to Chapter 17.83 of the Calaveras County Code, or conditional use
permit issued pursuant to Chapter 17.82 of the Calaveras County Code. Commercial cannabis
manufacturing, testing, distributing, or transporting in any other zoning district in the County of
Calaveras is prohibited.
D. The fact that an applicant possesses other types of state or county permits, licenses, or
other entitlements does not exempt the applicant from the requirement of obtaining a zoning
clearance certificate, administrative use permit, or conditional use permit from the County of
Calaveras to engage in commercial cannabis manufacturing, testing, distributing, or transporting
within the jurisdiction of the County.
E. Commercial cannabis manufacturing, testing, distributing, or transporting shall at all
times be operated in such a way as to ensure the health and safety of employees, independent
contractors, visitors to the area, neighboring property owners, and end users of medical
marijuana; to protect the environment from harm to streams, fish, and wildlife; to ensure the
security of the medical marijuana; and to safeguard against the diversion of medical marijuana
for non-medical purposes.
17.93.300 Application Requirements for Commercial Cannabis Manufacturing, Testing,
Distributing, or Transporting Zoning Clearance Certificates, Administrative
Use Permits, and Conditional Use Permits
A. All applicants for commercial cannabis manufacturing, testing, distributing, or
transporting zoning clearance certificates or conditional use permits shall fill out an application
administered by the Planning Department that captures, at a minimum, the following
information:
-21 -
1. The applicant's business name, physical address, mailing address (if different),
and phone.
2. The applicant's personal name, physical address, mailing address (if different),
and phone.
3. If the applicant is not the record title owner of the parcel for which a certificate or
permit is sought, written consent of the owner of the parcel with original signature
and notary acknowledgement. If the owner of the parcel is an entity, the written
consent must be accompanied by a document demonstrating that the individual
providing it is legally authorized to confer that permission on behalf of the entity.
4. For any commercial cannabis operation described in this Article where marijuana
or marijuana products will be stored or kept on the premises, the name, physical
address, mailing address, contact phone number and written consent of a willing,
competent, adult individual who permanently resides within thirty (30) miles of
the site to serve as a 24-hour emergency contact for law enforcement, fire, utility,
and County personnel pursuant to all State and local laws and regulations and
who has the means and authorization to provide access to the site in conformance
with those laws.
5. A copy of the applicant's business license.
6. If an administrative or conditional use permit is required, a signed indemnification
agreement per Section 17.93.370 executed by both the applicant and landowner.
If the applicant and/or landowner is an entity, the agreement must be
accompanied by a document demonstrating that the individual executing it is
legally authorized to confer that permission on behalf of the entity.
7. If the applicant is corporation, limited liability company, or limited partnership, a
date -marked printout from the California Board of Equalization's "Business
Search" website indicating that the entity is currently listed as "Active" with the
Board of Equalization.
8. Signed written consent to reasonable compliance inspections by County staff
during business hours (8:00 a.m. and 5:00 p.m. weekdays, excluding holidays).
9. Site plan showing the entire parcel, the location and area for all marijuana or
marijuana products to be kept or stored on the parcel, hours of operation, and
setbacks from property lines.
10. Security plan describing how all marijuana or marijuana products kept or stored
on-site will be secured against access by trespassers, including discussion of all
fencing, screening, gating, locks, lighting, cameras, and alarms.
11. If the quantities of pesticides or other hazardous materials are such that a permit is
required through Environmental Health, a copy of that permit.
B. All administrative and conditional use permits applied for pursuant to this Section shall
be submitted and processed pursuant to Chapter 17.88 of the Calaveras County Code. Appeals
of decisions made by the Planning Department staff, the Planning Commission, and the Board of
Supervisors with respect to an application under this Section shall be processed and heard
pursuant of Chapter 17.98 of the Calaveras County Code.
17.93.310 Development Standards and Operational Requirements for Commercial
Cannabis Manufacturing, Testing, Distributing, or Transporting
- 22 -
A. Compliance with all state and local laws and with the conditions of all permits.
Applicants seeking authorization for commercial cannabis manufacturing, testing, distributing, or
transporting operations on parcels where active Code Enforcement violations of any provision of
the Calaveras County Code exist shall first correct Code violations prior to receiving a County
certificate or permit pursuant to this chapter
B. Possession of a current, valid required license, or licenses, issued by any agency of the
State of California in accordance with the MMRSA, and regulations promulgated thereunder.
C. Possession of a current, valid business license issued by the County.
D. For any commercial cannabis operation described in this Article where marijuana or
marijuana products will be stored or kept on the premises, the name, physical address, mailing
address, contact phone number and written consent of a willing, competent, adult individual who
permanently resides within thirty (30) miles of the site to serve as a 24-hour emergency contact
for law enforcement, fire, utility, and County personnel pursuant to all State and local laws and
regulations and who has the means and authorization to provide access to the site in conformance
with those laws.
E. The site on which any commercial cannabis operation described in this Article where
marijuana or marijuana products will be stored or kept shall reasonably prevent access by
trespassers and children, and the windows and doors of any structure or vehicle in which the
marijuana or marijuana products is stored shall have screening to prevent the marijuana or
marijuana products from being viewed by members of the public present on public roads, public
lands and properties, and parcels containing a "sensitive use" as that term is defined in Calaveras
County Code 17.91.060(B).
F. Access to the portion of the parcel on which cultivation shall occur shall be controlled by
an eight -foot tall fence and a gate and lock system, all of reasonable durability and strength to
reasonably prevent against access by trespassers and children.
G. Signage shall be allowed consistent with the requirements of the zone the parcel is
located in, with the exception that there shall be no direct reference to cannabis in any form,
including illustration, on the sign.
H. For any commercial cannabis operation described in this Article where marijuana or
marijuana products will be stored or kept on the premises, there shall be designated a willing,
competent, adult individual who permanently resides within thirty (30) miles of the site to serve
as a 24-hour emergency contact for law enforcement, fire, utility, and County personnel pursuant
to all State and local laws and regulations and who has the means and authorization to provide
access to the site in conformance with those laws.
1. Consent to reasonable on-site compliance inspections by County staff during business
hours (8:00 a.m. and 5:00 p.m. weekdays, excluding holidays).
J. Pay all applicable application and inspection fees.
K. Minors shall not be allowed on any portion of the premises where marijuana or marijuana
products are located.
L. Comply with all laws, regulations, and standards related to weights and measures.
M. Comply upon request with any request by a County official or employee authorized to
enforce this Chapter to examine any and all records maintained pursuant to Business and
Professions Code 19327.
N. Meet any specific, additional operating procedures and measures as may be imposed as
conditions of approval by the county to ensure that the operation is consistent with protection of
the health, safety and welfare of the community and will not adversely affect surrounding uses.
ARTICLE 4. ENFORCEMENT, PENALTIES, FEES, & LEGAL PROVISIONS
- 23 -
17.93.320 Nuisance; Violations
A. It is unlawful and a violation of this Chapter for any person to permit a public nuisance to
exist upon real property in which such person has an ownership or possessory interest.
B. No person or entity shall cause, permit, maintain, conduct or otherwise allow a public
nuisance as defined in the Calaveras County Code to exist upon any property within their
control and shall not cause a public nuisance to exist upon any other property within the
unincorporated limits of the County of Calaveras. It shall be the duty of every owner,
occupant, and person that controls any land or interest therein within the unincorporated
area of the County of Calaveras to remove, abate and prevent the reoccurrence of any
public nuisance upon such land.
C. Any violation of this Chapter, including, but not limited to failure to obtain and maintain
in good standing any required permit or authorization specified in this Chapter, shall be,
and the same hereby is declared to be, a public nuisance and unlawful and shall be
subject to injunction, abatement or any other administrative, civil, or criminal remedy
available to the County under the applicable State and County laws, including but not
limited to Government Code §25845 and Business and Professions Code §19318 and
§ 19360. Nothing herein shall be read, interpreted or construed in any manner so as to
limit any existing right or power of the County of Calaveras or any other governmental
entity to enforce County ordinances, to abate any and all nuisances, or employ any
remedy available at law or equity.
D. Issuance of a warning shall not be a requirement prior to using any enforcement provision
of this Code. Violations are not tiered and are subject to enforcement without warning.
E. The remedies provided for in this Chapter shall be cumulative and not exclusive of
remedies available for violations under any other Title or Chapter of the County Code,
including but not limited to Title 8.
F. Each person violating this Chapter shall be guilty of a separate offense for each and every
day, or portion thereof, which any violation of any provision of this Chapter is
committed, continued, or permitted by any such person. Any violation which persists for
more than one day is deemed a continuing violation.
G. Any person violating any of the provisions of this Chapter shall be guilty of a
misdemeanor, punishable by a fine of five hundred dollars and/or six months
imprisonment.
17.93.330 Enforcement Authority
Enforcement of this Chapter shall be as provided in Chapter 17.100 of the Calaveras County
Code, and all officials and departments whose duties are enumerated in Chapter 17.100 shall
have the authority and responsibility to administer and enforce the provisions of this Chapter.
17.93.340 Right of Entry/Inspection
An official or employee with enforcement authority per 17.93.330 may, in accordance with the
provisions of this Chapter, inspect any parcel that is the subject of an application for, or the
recipient of, a certificate or permit described in this Chapter. An official or employee with
-24-
enforcement authority per 17.93.330 may also request to inspect any parcel on which it is
suspected that a violation is occurring and such an official or employee shall have recourse to
every remedy provided by law to secure entry, including but not limited to obtaining an
inspection warrant pursuant to Title 13 of Part 3 of the California Code of Civil Procedure.
17.93.350 Enforcement Costs
A. All costs and penalties associated with the enforcement of this Chapter are the responsibility
of the owner(s) of any parcel(s) on which a nuisance has been found to exist and such costs
shall be paid within 30 days of the date of demand thereof.
B. Where costs and penalties go unpaid beyond 30 days, the Enforcement Official shall take
action to confirm the costs, record a lien and place a special tax assessment pursuant to
procedures as set forth in Title 8 of the Calaveras County Code and Government Code
§25845.
17.93.360 Private Right of Action
Nothing contained in this Chapter shall be construed to prohibit the right of any person or public
or private entity damaged by any violation of this Chapter to institute a civil proceeding for
injunctive relief against such violation, for money damages, or for whatever other or additional
relief the court deems appropriate. The remedies available under this Chapter shall be in
addition to, and shall not in any way restrict other rights or remedies available under law.
17.93.370 Release of Liability and Hold Harmless
As a condition of approval for any administrative use permit or conditional use permit for a
commercial activity related to medical marijuana regulated by this Chapter, the property owner
and, if ditTerent, the recipient of such certificate, permit, or other authorization shall agree as part
of the application in the form of a fully executed agreement, to defend, indemnify and hold
harmless the County of Calaveras and its agents, officers, and employees from any claim, action,
or proceeding brought against the county, its agencies, boards, planning commission or board
arising from the approval. The indemnification shall apply to any damages, costs of suit,
attorney fees or other expenses awarded against the county, its agents, officers and employees in
connection with such action.
17.93.380 Fees
The County may impose such reasonable fees on the application for, the renewal of, and the
issuance of a certificate or permit for any medical cannabis activity regulated by this Chapter to
recoup the County's cost in administering and implementing the provisions relating thereto,
including but not limited to the costs for background checks or charges by the Sheriff, the
Planning Department, and the Code Compliance unit of the Building Department.
17.93.390 Effect of Invalidity
If any provision of this Chapter, or the application thereof, is held invalid, that invalidity shall
- 25 -
not affect any other provision or application of this Chapter that can be given effect without the
invalid provisions or application; and, to this end, the provisions or application of this Chapter
are severable.
SECTION 2. SEVERABILITY
If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason
held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The
Board of Supervisors hereby declares that it would have passed and adopted this Ordinance and
each and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
SECTION 3. PUBLICATION
The Clerk of the Board is hereby directed to publish this Ordinance as required by law in a
newspaper of general circulation published in the County of Calaveras.
SECTION 4. URGENCY MEASURE—EFFECTIVE IMMEDIATELY
The Board of Supervisors, by 4/5 vote, finds that this is an urgency measure necessary to protect
and preserve the public health and safety and preserve the peace; therefore, this Ordinance shall
go into effect immediately, based on the following facts: There are an estimated number of
many hundreds of unregulated medical cannabis cultivation sites in Calaveras County; the
absence of regulation, controls, and safety and enforcement standards is increasingly
contributing to an outlaw atmosphere where growers are motivated to remain hidden while
simultaneously not being mandated to build adequate security infrastructure to reduce the
chances of violent encounters; there have been a series of recent shootings and murders related
to unregulated cannabis gardens; the State of California has recently passed a comprehensive
regulatory and licensing scheme for commercial cannabis operations, but local jurisdictions
remain responsible for adopting local permitting schemes and local health and safety
regulations; while the new state regulatory scheme (MMRSA) only went into effect on January
1, 2016, the new law contains a provision requiring counties to have its own regulatory scheme
in place by March 1, 2016 or else the State becomes the "sole licensing authority", suggesting
that counties that miss the deadline may be pre-empted, barred, or hampered in their ability to
erect a local regulatory scheme.
- 26 -
ORDINANCE NO. 2016 -
AN INTERIM URGENCY ORDINANCE TEMPORARILY PROHIBITING THE
COMMERCIAL CULTIVATION OF MEDICAL MARIJUANA AND THE DELIVERY,
DISTRIBUTION, TRANSPORTATION, MANUFACTURING AND TESTING FACILITIES
FOR MEDICAL MARIJUANA WITHIN THE UNINCORPORATED TERRITORY OF
THE COUNTY OF SOLANO, DECLARING ITS URGENCY AND THAT THIS
ORDINANCE SHALL TAKE IMMEDIATE EFFECT
The Board of Supervisors of the County of Solano ordains as follows:
SECTION 1. Findings
A. The possession, sale, cultivation, or transportation of marijuana is ordinarily a crime
under California law.
B. The manufacture, distribution, or possession of marijuana is a federal offense under the
Controlled Substances Act (CSA), a federal regulatory system designed to combat
recreational drug abuse.
C. In November 1996, California voters approved "The Compassionate Use Act of 1996"
(Proposition 215), an initiative that exempted certain patients and their primary
caregivers from criminal liability under state law for the possession and cultivation of
marijuana.
D. The Courts have held that Proposition 215 does not conflict with the federal Controlled
Substances Act because, in adopting these state laws, California did not "legalize"
marijuana but instead exercised the state's reserved powers not to punish certain
marijuana offenses under state law when a physician has recommended its use to treat
a serious medical condition.
E. In 2003, the Legislature enacted Senate Bill 420 to clarify the scope of Proposition 215.
Senate Bill 420 required the California Attorney General to adopt guidelines to ensure
the security and non -diversion of marijuana grown for medical use.
F. In February 2007, the California State Board of Equalization issued a Special Notice
confirming its policy of taxing medical marijuana transactions, as well as its requirement
that businesses engaging in such transactions hold a Seller's Permit.
G. In August 2008, the California Attorney General published "Guidelines for the Security
and Non -diversion of Marijuana Grown for Medical Use." Section IV of this document
provides guidelines regarding collectives and cooperatives. In this section, the Attorney
General states: "Although medical marijuana `dispensaries' have been operating in
California for years, dispensaries, as such, are not recognized under state law."
H. On October 9, 2015, Governor Brown signed three separate bills, AB 266 (Bonta), AB
243 (Wood), and SB 643 (McGuire), creating a licensing and regulatory framework for
medical marijuana by providing for commercial cultivation, distribution, transportation,
dispensary sales, testing, and home delivery of medical marijuana. AB 243 provides that
marijuana is an agricultural product for the purposes of these bills. These bills took effect
on January 1, 2016.
1
I. The sale or distribution of legal prescription and non-prescription drugs and medical
remedies is generally an acceptable type of land use in most commercial zoning districts
in the incorporated and unincorporated areas of Solano County.
J_ Pharmacies are a land use allowed by right in the County's Business and Professional
Office (C -O) zoning district, although the structure used for such a business must comply
with all applicable zoning standards and building codes, and the operator must obtain a
business license.
K. Other than the prohibition of medical marijuana dispensaries contained in Section
28.70.20(c)(1), there are currently no ordinances in Chapter 28 of the Solano County
Code ("Zoning Regulations") specifically regulating or monitoring the location, zoning
standards, or other aspects of the facilities where medical marijuana may be cultivated,
distributed, transported, tested, and delivered. The Zoning Regulations do not provide
specific development regulations or definitions relative to the cultivation of medical
marijuana in residential -based settings.
L. In order to allow time for the County to consider and study possible enactment of the
implementing regulations, it is necessary to suspend the approval of all medical
marijuana cultivation, manufacturing, testing, distribution, transportation, and home
delivery that may be in conflict with development standards and implementing
regulations the County intends to consider or study within a reasonable time.
M. A moratorium on all forms of medical marijuana cultivation, manufacturing, testing,
distribution, transportation, and home delivery will provide the County time to draft and
adopt regulations consistent with AB 266, AB 243, SB 643, Proposition 215, Senate Bill
420 and the federal government's enforcement priorities that will regulate such activity
while being consistent with the General Plan, Zoning Regulations, and compatible with
surrounding land neighborhoods.
SECTION 2. Interim Prohibition
From and after the date of this ordinance, no use permit, variance, building permit, business
license, or any other entitlement or license for use shall be approved or issued for the cultivation,
manufacturing, testing, distribution, transportation, or delivery of medical marijuana. For
purposes of this ordinance, the definitions of medical marijuana cultivation, manufacturing,
testing, distribution, transportation, and delivery shall be as defined in California Business and
Professions Code section 19300.5 and AB 266, AB 243, SB 643.
The exemption provided in Section 14-17(a) of the Solano County Code, allowing a business to
operate after having filed an application for a business license and pending final action on that
application, shall not apply to any business that cultivates, manufactures, tests, distributes,
transports, or delivers medical marijuana.
SECTION 3. Urgent Need
This interim ordinance is urgently needed for the immediate preservation of the public health,
safety, and general welfare, and it shall take effect immediately upon adoption, and it shall be of
no further force and effect 45 days following the date of its adoption unless extended in
accordance with the provisions set forth in California Government Code section 65858.
SECTION 4. Authority
California Government Code section 65858 provides that an urgency measure in the form of an
interim zoning ordinance may be adopted by a four-fifths vote of the board of supervisors, which
shall be initially effective for only 45 days following its date of adoption. Government Code
section 65858 further provides that such an interim ordinance may be extended for an additional
10 months and 15 days. At that time, the board may further extend the interim ordinance for an
additional year.
SECTION 5. Penalties
The definitions and penalties for land use violations that are prescribed in Section 28.113 of the
Solano County Code shall apply to violations of the provisions of this interim ordinance.
SECTION 6. Severability
If any provision of this interim ordinance or the application of it to any persons or circumstances
is held invalid, such invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of the interim ordinance are declared to be severable.
Passed and adopted by the Solano County Board of Supervisors at its regular meeting on
January 5, 2016, by the following vote:
AYES: SUPERVISORS:
NOES: SUPERVISORS:
EXCUSED: SUPERVISORS:
, Chair
Solano County Board of Supervisors
ATTEST:
Birgitta E. Corsello, Clerk
Solano County Board of Supervisors
By:
Jeanette Bellinder, Chief Deputy Clerk
3
Model Local Cultivation Licensing Ordinance - CA
This simple draft ordinance authorizes commercial medical cannabis cultivation using
the existing city or county business license process and sets some basic security
standards for indoor and outdoor cultivation. The ordinance protects staff operators,
and landlords at licensed grows; allows cultivation in commercial and agricultural
zones; and exempts individual patients and caregivers from licensing requirements.
Purposes.
The purposes and intents of this Chapter are to:
a) Regulate commercial medical cannabis cultivation in a manner that is
consistent with State law and which promotes the health, safety, and general
welfare of the residents and businesses in <name of local jurisdiction>;
b) Provide clear guidance to law enforcement, regulators, license holders, and
the community at large as to what is legally permitted in <name of local
jurisdiction> in relation to commercial medical cannabis cultivation; and
c) Protect the rights and welfare of Qualified Patients or their designated
Primary Caregivers who cultivate medical cannabis for the personal medical
use of the Qualified Patient in accordance with the Compassionate Use Act
and the Medical Marijuana Program Act.
Nothing in this Chapter shall be construed to allow:
a) Persons to engage in conduct that endangers others or causes a public
nuisance;
b) The use or diversion of marijuana for nonmedical purposes; or
c) Any activity relating to the cultivation, distribution or consumption of
marijuana that is otherwise illegal under State law.
Findings.
a) There is a legitimate need for medical cannabis in California. A study
published in 2014 shows that 1.4 million Californians have used medical
cannabis and an overwhelming majority of those users (92%) believe
cannabis helped treat the symptoms of a serious medical condition
("Prevalence of medical marijuana use in California, 2012", Drug and Alcohol
Review (2014), DOI 10.111/dar. 12207).
b) According to that research, more than 30% used medical cannabis to treat
chronic pain, 11% used it for arthritis, 8% for migraines, and 7% for cancer.
Participants also reported using medical cannabis to treat the symptoms of
AIDS, glaucoma, muscle spasms, nausea, stress, and depression. Researchers
found that medical cannabis was used at similar rates by men and women,
the young and the old, patients with high and low levels of education, and in
various regions of the state.
c) The voters of the State of California approved Proposition 215, the
Compassionate Use Act of 1996 (codified as Health and Safety Code Section
11362.5), in 1996. That Act calls on "federal and state governments to
implement a plan to provide for the safe and affordable distribution of
Americans for Safe Access - (916) 449-3975 - don@safeaccessnow.org 1
Model Local Cultivation Licensing Ordinance - CA
marijuana to all patients in medical need of marijuana."
d) The State enacted the Medical Marijuana Program Act (codified as Health and
Safety Code Section 11362.7 et seq.) in 2004 to clarify the scope of The
Compassionate Use Act of 1996, facilitate the prompt identification of
qualified patients and primary caregivers, avoid unnecessary arrest and
prosecution of these individuals, provide needed guidance to law
enforcement officers, promote uniform and consistent application of the Act,
and to allow local governing bodies to adopt and enforce rules and
regulations consistent with the Act.
e) The State enacted three bills, which comprise the Medical Marijuana
Regulation and Safety Act (MMRSA), in 2015. AB 243, AB 266, and SB 643,
create statewide licensing and regulations for the lawful cultivation,
manufacturing, distribution, transportation, sales, and testing of medical
cannabis in the state.
f) The MMRSA requires local governments to license, permit, or approve
commercial medical cannabis as a prerequisite for state licensing, including
the commercial cultivation of medical cannabis. Therefore, local licensing of
medical cannabis cultivation is an essential part of ensuring an adequate
supply of safe and legal medicine for legitimate patients to use.
g) Local governments retain broad discretion in regulating the time, place, and
manner of commercial medical cannabis cultivation within their jurisdiction
under the MMRSA.
h) The American Herbal Products Association (AHPA), the leading voice in
herbal products industry, published recommendations for regulators
regarding medical cannabis cultivation and other activity in 2014. These
recommendations show that the indoor and outdoor commercial cultivation
of medical cannabis can be conducted in a manner that is safe, secure, and
sustainable.
i) Research conducted by Americans for Safe Access (ASA), the nation's leading
medical cannabis patient advocacy organization, show that sensible
regulations for medical cannabis preserve safe and legal access for legitimate
patients, while reducing crime and complaints in neighborhoods.
Definitions.
a) "Commercial Medical Cannabis Cultivation" means any activity involving the
planting, growing, harvesting, drying, curing, grading, or trimming of
cannabis for medical use, including nurseries, that is intended to be
transported, processed, manufactured, distributed, dispensed, delivered, or
sold in accordance with the Medical Marijuana Regulation and Safety Act
(MMRSA) for use by medical cannabis patients in California pursuant to the
Compassionate Use Act of 1996 (California Health and Safety Code Section
11362.5).
b) "Commercial Medical Cannabis Cultivators License" means a business license
for Commercial Medical Cannabis Cultivation in <name ofjurisdiction> issued
pursuant to the Chapter
Americans for Safe Access - (916) 449-3975 - don@safeaccessnow.org 2
Model Local Cultivation Licensing Ordinance - CA
c) "indoor Cultivation" means Commercial Medical Cannabis Cultivation inside
a building using exclusively artificial light.
d) "Mix Light Cultivation" means Commercial Medical Cannabis Cultivation
indoors or outdoors using a combination of artificial and natural light.
e) "Outdoor Cultivation" means Commercial Medical Cannabis Cultivation
outdoors using exclusively sunlight.
f) "Primary Caregiver" has the same definition as in Section 11362.7 of the
California Health and Safety Code.
g) "Qualified Patient" has the same definition as in Section 11362.5 of the
California Health and Safety Code.
Local Licenses and Approvals Required.
a) Beginning <effective date of local licensing requirement>, no person shall
engage in Commercial Medical Cannabis Cultivation in <name of jurisdiction>
without first obtaining a Commercial Medical Cannabis Cultivators License.
b) A Commercial Medical Cannabis Cultivators License shall be issued by the
<name of city/county agency issuing license> pursuant to the provisions of
<city/county code section specifying ordinary licensing process>.
c) A Commercial Medical Cannabis Cultivators License shall be valid for one
year and renewable annually thereafter.
d) The <name of city/county agency issuing license> may revoke a Commercial
Medical Cannabis Cultivators License for violations of state and local law,
including the provisions of the Chapter, pursuant to the procedures in
<city/county code section specifying ordinary process for suspending business
licenses>.
e) A Commercial Medical Cannabis Cultivators License holder shall also obtain
all ordinary building permits, licenses, clearances, and approvals required for
manufacturing or agricultural use at the address or parcel where medical
cannabis cultivation is lawfully permitted pursuant to this Chapter.
f) The actions of a Commercial Medical Cannabis Cultivators License holder, its
employees, and its agents that are permitted pursuant to the Chapter and
conducted in accordance with the requirements of this Chapter are not
unlawful and shall not be an offense subject to arrest, prosecution, or other
sanction.
g) The actions of a person who, in good faith, allows his or her property to be
used by a Commercial Medical Cannabis Cultivators License holder, its
employees, and its agents, as permitted pursuant to the Chapter, are not
unlawful and shall not be an offense subject to arrest, prosecution, or other
sanction under state law, or be subject to a civil fine.
State License Required.
a) A Commercial Medical Cannabis Cultivators License holder shall obtain all
state licenses and permits required under the Medical Marijuana Regulation
and Safety Act (MMRSA), as amended from time to time, and any subsequent
Americans for Safe Access - (916) 449-3975 - don@safeaccessnow.org 3
Model Local Cultivation Licensing Ordinance - CA
state licensing or regulations duly adopted and enacted by the State or an
authorized regulatory body.
b) Notwithstanding the provisions of Section (a), no state license or permit shall
be required if state licenses are not yet available pursuant to the Medical
Marijuana Regulation and Safety Act or the availability or validity of state
licenses pursuant to the Medical Marijuana Regulation and Safety Act is
interrupted, suspended, or revoked for any reason.
Approved Zones.
a) A Commercial Medical Cannabis Cultivators License may be issued in any
zoning district approved for manufacturing or agriculture.
b) No Commercial Medical Cannabis Cultivators License shall be issued for any
property that is located within six hundred feet of a public or private school
(K-12).
Security.
a) Licensed Indoor Cultivation shall be conducted in a secured facility that is
monitored at all times. Security equipment shall include, but not necessarily
be limited to:
1) Locking doors and windows,
2) A remotely monitored alarm system that is operational at any time
that the structure is not occupied by authorized persons,
3) Video recording equipment and lighting that is sufficient to recognize
an individual's face in the facility, and
4) Video recording equipment that can store video recordings for up to
seventy-two hours and download recordings onto a permanent
storage device, as needed.
b) Parcels on Outdoor Cultivation or Mixed Light Cultivation are conducted
must be secure. Security equipment shall include, but not necessarily be
limited to, a fence surrounding the plants of not less than six feet in height
with a locking gate.
c) No medical cannabis shall be cultivated in any structure or on any parcel if
the medical cannabis plants are visible from any public place.
d) A Commercial Medical Cannabis Cultivators License holder shall maintain
adequate security at all times to prevent burglary, robbery, diversion of
medical cannabis for unlawful use, and nuisance activity in the immediate
vicinity.
e) Any security personnel employed by or contracted by at Commercial Medical
Cannabis Cultivators License holder shall, at a minimum, possess a valid
Guard Card issued by the California Department of Consumer Affairs.
Qualified Patients and Primary Caregivers Exempted.
A Qualified Patient or Primary Caregiver cultivating medical cannabis for five or
Americans for Safe Access - (916) 449-3975 - don@safeaccessnow.org 4
Model Local Cultivation Licensing Ordinance - CA
fewer Qualified Patients shall not be subject to the provisions of this Chapter,
provided that (1) all of the medical cannabis cultivated is for the personal medical
use of the patient for whom it is cultivated, and (2) the Primary Caregiver only
receives compensation for actual expenses, including reasonable compensation for
services provided to a Qualified Patient to enable that person to lawfully use
medical cannabis pursuant to State law, or for payment for out-of-pocket expenses
incurred in providing those services in full compliance with Section 11362.765 of
the California Health and Safety Code.
Severability.
The provisions of this Chapter are severable. If any provision of this act or its
application is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application.
Americans for Safe Access — (916) 449-3975 — don@safeaccessnow.org 5
REQUESTS TO SPEAK
City Council Meeting 01/26/16
REQUEST TO SPEAK
CITY OF TEMECULA
Date: (
I wish to speak on:
Public Comment CITY COUNCIL / C D / SARDA /THA / TPFA (Circle One)
Subject: 6(CAI- l " <' 0_1 /) //Z(6(4 ii,(2(//..,,c/0?/_(?
Agenda Item No. For
Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record,
Name: p(41' tA1(6b
Address:
If you are representing an organizatio Dr group, please give the name:
Phone Number:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Subject:
(� ]/ Agenda Item No. /C
ej/ For Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: At -7/V Ir ' Ci/CY Z
Address: 1�/��G 1/c Phone Number:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date: ' ,)(G -20 ((�
I wish to speak on:
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Subject: CY9--_,S>1\Uc,V\D - C :>
Agenda Item No. ft9-1:> For Against
FS
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: i a/��JD� ' i [klL
Address:
If you are representing an organization or group, please give the name:
Phone Number:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
Subject:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: 1/ 2 /6
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Agenda Item No.
For
Against
(T 4s
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: 1---141 X2`1 s G..CA_ S s a2
Address: /
If you are representing an organization or group, please give the name:
Phone Number:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
I wish to speak on:
171 Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Subject: .1-e VV' 13
Agenda Item No.
For Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name:
et/ 1/ a, 1/4r -r,_
L
Address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
ad\ 2) 7,e1(40,
\ / � k_ --PfDv1 Cit(llm <<.. -
XI Public Comme i CITY COUNCI CSD / SARDA /1/ TPFA (Circle One)
G$hG>Z>
Subject: 41 {A) O C `C(n Lie— 0 . ) 1 Ce— cA" S. ' 0140'0 Col hvv, ka A t9
Agenda Item No. 1 For Against V TSI CkUA
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podiu nd state your ,name for the record.
Name: Ck ti '- ,V 1 /
Address: - N4umber:
If you are representing an organization or group, please give the name:
TstiMf_ar\ `Citr4- Q(_('L ii)-(cs v7. (\14,Q,.Q. Cg2Ali(LaS);
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date: a>/ 01
I wish to speak on:
Public Commen CITY COUNCI CSD / SARDA /THA / TPFA (Circle One)
Subject: pt -A) NPR\ Ps- it L-) pit -cw
Agenda Item No. / For Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: _.Lfi /? ol, L,
Address:
If you are representing an organization or group, please give the name:
Phone Number: )
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: b/ 1Q1/'�
Public Comment ITY COUNCIL CSD / SARDA /THA / TPFA (Circle One)
Subject: P/7-ril ikn,A ch.)- ,v14th IN
N Agenda Item No. 4' For X1 Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: L/59' gAA)/vss
Address: . Phone Number:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
I wish to speak on:
REQUEST TO SPEAK
CITY OF TEMECULA
Date: i 76"
Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One)
Subject: �� �t v 13 �:C t��1 w i J 1 Lt
Agenda Item No. For
Against n
A
Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the
City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council
Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City
Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the
podium and state your name for the record.
Name: Lf'( �i 1 () )64
Address:
Phone Number:
If you are representing an organization or group, please give the name:
( 5 c �v--- -e�� 5 ` 1,1-k
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.