HomeMy WebLinkAbout071719 PC Agenda
DRAFT
PLANNING COMMISSION RESOLUTION
PC RESOLUTION NO. 19-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA18-1529, A MODIFICATION TO A
PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA15-
1572) FOR AN APPROXIMATELY 1,389 SQUARE FOOT
DRIVE-THRU RESTAURANT AND AN APPROXIMATELY
6,281 SQUARE FOOT RETAIL BUILDING LOCATED ON
THE SOUTHWEST CORNER OF TEMECULA PARKWAY
AND MAHLON VAIL ROAD, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On July 6, 2016, the City of Temecula Planning Commission approved PA15-1572,
a Development Plan and PA15-1573, a Conditional Use Permit, to allow for the construction of
two (2) fast-food drive-thru restaurants and one (1) express car wash within the Vail Ranch Town
Center.
B. On November 13, 2018, Donnie DeWees and Randy Morine filed Planning
Application No. PA18-1529 a Modification to the previously approved Development Plan in a
manner in accord with the City of Temecula General Plan and Development Code.
C. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the Application and
environmental review on July 17, 2019, at a duly noticed public hearing as prescribed by law, at
which time the City staff and interested persons had an opportunity to and did testify either in
support or in opposition to this matter.
E. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission approved Planning Application No. PA18-1529,
subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Modification to the Development Plan Application hereby finds, determines and declares that:
Modification, Development Code Section 17.05.010.F
A. The proposed use is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other Ordinances of the City;
The proposed project consists of a drive thru restaurant and retail building. The General
Plan and Vail Ranch Specific Plan allow for restaurant and retail uses at the project site.
Therefore, the project is consistent with the General Plan for Temecula. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
Ordinances, including the California Environmental Quality Act (CEQA), the Citywide
Design Guidelines, and Fire and Building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare;
As conditioned, the project will meet all requirements of the Development Code, General
Plan, and Building and Fire Codes, which provide safeguards for the health, safety and
general welfare of the community and the overall design of the site, building, landscaping,
parking, circulation and other associated site improvements, is consistent with, and
intended to protect the health and safety of those working in and around the site. The
project has been reviewed for and has been found to be consistent with all applicable
policies, guidelines, standards and regulations intended to ensure that the development
will be constructed and function in a manner consistent with the protection of the public
health, safety, and welfare.
Section 3. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Modification:
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,
In-Fill Development Projects);
The project meets all General Plan and Zoning policies and regulations and is located
within City limits on a site of no more than five acres. The site is also surrounded by
development and is able to be serviced by all required utilities and public services. The
project site has no value as habitat for endangered, rare or threatened species. The project
is not anticipated to result in any significant effects relating to traffic, noise, air quality, or
water quality as the project, as conditioned, is an allowed use per the City of Temecula
General Plan. Furthermore, the supplemental development standards for drive-thru
facilities requires a minimum stacking area behind the menu board to accommodate six
cars. The project proposes a stacking area of twelve cars.
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA18-1529, a Modification to a previously approved Development Plan
(PA15-1572) for an approximately 1,389 square foot drive-thru restaurant and an approximately
6,281 square foot retail building located on the southwest corner of Temecula Parkway and Mahlon
Vail Road, and makes a finding of exemption under the California Environmental Quality Act
(CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 17th day of July, 2019.
Gary Watts, 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. 19- was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 17th day of July, 2019, by the following
vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.:
PA18-1529
Project Description:
A Modification to a previously approved Development Plan (PA15-1572) for an
approximately 1,389 square foot drive-thru restaurant and an approximately
6,281 square foot retail building located on the southwest corner of Temecula
Parkway and Mahlon Vail Road
960-020-076, 960-020-077
Assessor's Parcel No.:
Commercial
MSHCP Category:
Retail Commercial
DIF Category:
TUMF Category:
Retail Commercial
Quimby Category:
N/A (non-residential)
N/A (project not within Uptown Temecula Specific Plan area)
New Street In-lieu of Fee:
Approval Date:
July 17, 2019
July 17, 2022
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
2.Indemnification of the City. The applicant and owner of the real property subject to this condition
shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from
any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside,
annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of
and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees,
consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant
and landowner of any claim, action, or proceeding to which this condition is applicable and shall
further cooperate fully in the defense of the action. The City reserves the right to take any and all
action the City deems to be in the best interest of the City and its citizens in regards to such
defense.
3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall
become null and void. Use means the beginning of substantial construction contemplated by this
approval within the three year period, which is thereafter diligently pursued to completion, or the
beginning of substantial utilization contemplated by this approval, or use of a property in
conformance with a Conditional Use Permit.
4. Time Extension. The Director of Community Development may, upon an application being filed
prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one
year at a time.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be
consistent with Specific Plan No. 10 (Vail Ranch).
6. Conformance with Approved Plans. The development of the premises shall substantially conform
to the approved site plan and elevations contained on file with the Planning Division.
7.
Signage Permits. A separate building permit shall be required for all signage.
8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to
the reasonable satisfaction of the Director of Community Development. If it is determined that the
landscaping is not being maintained, the Director of Community Development shall have the
authority to require the property owner to bring the landscaping into conformance with the
approved landscape plan. The continued maintenance of all landscaped areas shall be the
responsibility of the developer or any successors in interest.
9. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment,
walls, or other structures.
10. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check
approval for the grading permit. If construction is delayed or suspended for more than 30 days after
the survey, the area shall be resurveyed.
11. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders,
sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from
leaving the property. To ensure compliance with this Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite unless as part of the car wash activities of Phase
I.
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.
12. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent
specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by City staff's prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent of that
required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
Material Color
Stucco Parchment Paper (DE5329)
Stucco Pasta (DE5331)
Stucco Fine Grain (DE6213)
Stucco Hot Jazz (DEA107)
Stucco Warm and Toasty (DE646)
Stucco Red River (DE5125)
Stucco Saddle Brown (DE5264)
Stucco Whisper (DEW340)
Stucco Lighthouse (DEW385)
Stucco Brown Eyes (DE5265)
Tile Solar Summit (AY01)
Roof Tile Madera Blend
Steel Canopy Madison Industries
13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as
well as regular solid waste containers.
15. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the
site. These shall be clearly labeled on the site plan.
16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the
construction plans shall include all details of the trash enclosures, including the solid cover.
17. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including
parking spaces in all lots that are a part of the project. If the project involves multiple lots, the
applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement,
which provides for cross-lot access and parking across all lots.
18.Phased Construction. If construction is phased, a construction staging area plan or phasing plan for
construction equipment and trash shall be approved by the Director of Community Development.
19. Previous Conditions of Approval. All previous Conditions of Approval from PA15-1572 shall
remain in full effect unless superseded herein.
20. Construction and Demolition Debrisised solid waste
hauler for disposal of construction and demolition debris and shall provide the Planning Division
construction and demolition debris. Only the
construction debris.
21. Public Art Ordinance
Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
22. 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
23. Placement of Transformer. Provide the Planning Division with a copy of the underground water
plans and electrical plans for verification of proper placement of transformer(s) and double
detector check valves prior to final agreement with the utility companies.
24. Placement of Double Detector Check Valves. Double detector check valves shall be installed at
locations that minimize their visibility from the public right-of-way, subject to review and approval
by the Director of Community Development.
25. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes
archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be
evidence of cultural or archaeological resource are discovered, the property owner shall
immediately advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of Community Development at
his/her sole discretion may require the property owner to deposit a sum of money it deems
reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified
specialist to inspect the site at no cost to the City, in order to assess the significance of the find.
Upon determining that the discovery is not an archaeological/ cultural resource, the Planning
Director shall notify the property owner of such determination and shall authorize the resumption
of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning
Director shall notify the property owner that no further excavation or development may take place
until a mitigation plan or other correc
26.Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural
Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to
issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe
no less than 30 days and no more than 60 days prior to issuance of a grading permit. This
Agreement will address the treatment and disposition of cultural resources, the designation,
responsibilities, and participation of professional Pechanga Tribal monitors during grading,
excavation and ground disturbing activities; project grading and development scheduling; terms of
compensation for the monitors; and treatment and final disposition of any cultural resources,
sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and
redirect grading will be exercised in consultation with the project archaeologist in order to evaluate
the significance of any potential resources discovered on the property. Pechanga and
archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking
activities, and shall also have the limited authority to stop and redirect grading activities should an
inadvertent cultural resource be identified.
27. Discovery of Cultural Resources. The following shall be included in the Notes Section of the
nadvertent
discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the
28. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading
grading activities, in consultation with the project archaeologist and their designated monitors, to
evaluate the significance of any potential resources discovered on the property."
29. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the
including
all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper
30. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading
31. MSHCP Pre-Construction Survey. A 30-day preconstruction survey, in accordance with MSHCP
guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the
30-day preconstruction survey shall be submitted to the Planning Division prior to scheduling the
pre-grading meeting with Public Works. If construction is delayed or suspended for more than 30
days after the survey, the area shall be resurveyed.
32.Burrowing Owl Grading Note. The following shall be included in the Notes Section of the
-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
construction is delayed or suspended for more than 30 days after the survey, the area shall be
resurveyed.
33. Precise Grading Plans. A copy of the Precise Grading Plans shall be submitted and approved by
the Planning Division.
Prior to Issuance of Building Permit
34. Transportation Uniform Mitigation Fee (TUMF). The Western Riverside County of Governments
administers and collects the Transportation Uniform Mitigation Fee (TUMF). The City of
Temecula adopted an ordinance on March 31, 2003 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 (paid to WRCOG). 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. Additional information on payment, fees, and points of contact can be
found at http://www.wrcog.cog.ca.us/174/TUMF
35. 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.
36. 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.
37.Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating,
te 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
inspections.
38. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans
39. 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.
40. 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.
41. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance
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-pplicant/owner shall contact the Planning Division to
schedule inspections.
42. 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.
43. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading
plans including all structural setback measurements.
44.Landscaping Requirement for Phased Development. If any phase or area of the project site is not
scheduled for development within six months of the completion of grading, the landscaping plans
shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control.
45. WQMP Landscape Compliance. The construction landscape plans shall be consistent with
Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for
plant materials and treatment facilities, and shall reference the approved precise grading plan for
WQMP features.
46. Utility Screening. All utilities shall be screened from public view. Landscape construction
drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot
clear zone around fire check detectors as required by the Fire Department before starting the
screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look
like an after-thought. Plan planting beds and design around utilities. Locate all light poles on
plans and ensure that there are no conflicts with trees.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
47. 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.
48. 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.
49. 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.
50. Installation of Site Improvements. All site improvements, including but not limited to, parking
areas and striping shall be installed.
51. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this permit.
PUBLIC WORKS DEPARTMENT
General Requirements
52. 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.
53.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.
54. Precise Grading Permit. A precise grading permit for on site improvements (outside of public
right-of-way) shall be obtained from Public Works.
55. 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
ngineering and Construction
Manual and as directed by Public Works.
56. Encroachment Permits. Prior to commencement of any applicable construction, encroachment
permit(s) are required; and shall be obtained from Public Works for public offsite improvements.
Prior to Issuance of a Grading Permit
57. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the
recorded ECS with any underlying maps related to the subject property.
58. Required Clearances. As deemed necessary by Public Works, the developer shall receive written
clearances/permits from applicable agencies such as:
a. Verizon;
b. Rancho California Water District;
c. Eastern Municipal Water District; and other affected agencies.
59. 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 construction-phase pollution-prevention controls to
adequately address non-
at: www.TemeculaCA.gov/ECM
60. 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.
61. 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.
c. The name, contact information and certification number of the Qualified SWPPP Developer
(QSD)
Pursuant to the State Water Resources Control
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
62.Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a
final WQMP (prepared by a registered professional engineer) with the initial grading plan
submittal, based on the conceptual WQMP from the entitlement process. It must receive
acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all
times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be
submitted for review and approval. Upon approval from City staff, the applicant shall record the
O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and
agreement link below:
www.TemeculaCA.gov/WQMP
63. 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.
64. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to
conditions and provide recommendations for the construction of engineered structures and
preliminary pavement sections.
65. Geological Report
requirements, recommendations and/or proposed Conditions of Approval as identified during
entitlement.
66. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or
directed by, and shall be submitted to, Public Works for acceptance. The document information
shall be noted on the approved grading plan.
67. American Disability Act. The developer shall ensure that all frontage areas to the proposed
development within the public right of way are ADA compliant. Any sidewalk within the public
right of way found to be non-compliant shall be the responsibility of the property owner to be
removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section
5610.
Prior to Issuance of Encroachment Permit(s)
68. 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.
69. 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.
70. Street Trenching
Paving Notes.
Prior to Issuance of Building Permit(s)
71. Certifications. Certifications are required from the registered civil engineer-of-record certifying
-of-record
certifying compaction of the building pad(s).
Prior to Issuance of a Certificate of Occupancy
72. 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.
73. 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.
74. 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.
75. 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
76. 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.
77. Compliance with Code. All design components shall comply with applicable provisions of the
2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California
Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California
Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula
Municipal Code. If complete plans are not submitted to Building & Safety by December 20, 2019,
Design components shall comply with applicable provisions of the 2019 California Building,
Plumbing, Electrical, Administrative, and Mechanical Codes; 2019 California Energy Codes, and
2019 California Green Building Standards.
78. ADA Access. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right-of-way to all public areas on site, such as trash
enclosures, clubhouses, and picnic areas.
79. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a
complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar
Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor
lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any
outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public
rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below.
80.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.
81. 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.
82. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
83. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits. Solid covers are required over new
and existing trash enclosures.
84. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals
and permits.
85. 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.
86. 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.
87. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated
assemblies shall not be concealed from view until inspected for all designed fire protection.
Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by
individuals with classification or certification covering the installation of these systems. Provide
certification for the installation of each area and certification of compliance for Building Official's
approval.
At Plan Review Submittal
88. 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 precise grading plan to verify accessibility for persons with disabilities.
c. 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)
89. 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.
Prior to Issuance of Building Permit(s)
90. 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
91. 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
92. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per
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. The upgrade of existing fire hydrants may be required (CFC Appendix C
and Temecula City Ordinance 15.16.020).
93. 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.
94. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial and residential buildings per CFC Appendix B. The developer shall
provide for this project, a water system capable of delivering 2,500 GPM at 20-PSI residual
operating pressure for a 4-hour duration for this commercial project. 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)
95. 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).
96. 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).
97. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide all-weather
driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of
.25 feet. In accordance with Section 3310.1, prior to building construction, all locations where
structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City
Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
98. 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).
99.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. Each building that is equipped with fire sprinklers will require separate permits.
100. 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. Each building that is equipped with fire alarm will require separate permits.
Prior to Issuance of Certificate of Occupancy
101. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers
(blue dots) (City Ordinance 15.16.020).
102. Knox Box--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).
103. Addressing. New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background.
Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a
minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or
numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020).
POLICE DEPARTMENT
General Requirements
104.
Previous Conditions of Approval. All previous Conditions of Approval from PA15-1572 shall
remain in full effect unless superseded herein.
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: PA18-1529 Applicant: Donnie DeWees & Randy Morine
Proposal: A Modification to a previously approved Development Plan (PA15-1572) for an approximately
1,389 square foot drive-thru restaurant and an approximately 6,281 square foot retail building
located on the southwest corner of Temecula Parkway and Mahlon Vail Road
Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project
is exempt from further environmental review and a Notice of Exemption will be adopted in
compliance with CEQA (Section 15332, Class 32, In-Fill Development Projects)
Case Planner: Scott Cooper, (951) 506-5137
Place of Hearing: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
Date of Hearing: July 17, 2019 Time of Hearing: 6:00 p.m.
The complete agenda packet (including any supplemental materials) will be available for viewing in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the
TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a
majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for
public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m.
TemeculaCA.gov and will be
available for public review at the meeting.
Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and
controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning
Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the
City Clerk at, or prior to, the public hearing described in this notice.
Questions? Please call the Community Development Department at (951) 694-6400.