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HomeMy WebLinkAbout012903 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours pdor to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA T t e AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 29, 2003 - 6:00 P.M. Next in Order: Resolution No. 2003-004 CALL TO ORDER Flag Salute: Commissioner Guerriero Roll Call: Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item no__t on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary, prior.to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. 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 Planning Commission request specific items be removed from the Consent Calendar for separate action. I Aqenda RECOMMENDATION: 1.1 Approve the Agenda of January 29, 2003 R:\PLAN COMM~Agendas~003\01-29-03.doc 2 .Minutes RECOMMENDATION: 2.1 Approve the Minutes of September 18, 2002 COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. New Items 3 Planninq Application No. PA02-0667 An application to establish two (2) parcels for condominium purposes, bein.q a subdivision of Parcel 8 and Pame114 of Pamel Map 30468; chanqinq the occupancy of 400 multi-family apartment units to owner-occupied condominiums located south of Hiqhway 79 South, north of Temecula Creek, east of Jedediah Smith Road, and west of Avenida De Missions, Emery Papp, Associate Planner RECOMMENDATION 3.1 Adopt a Notice of Exemption for Planning Application No. 02-0667; and 3.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0667, A TENTATIVE TRACT MAP APPLICATION TO ESTABLISH TWO PARCELS FOR CONDOMINIUM PURPOSES, GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN AS ASSESSOR PARCEL NO. 961-010-006. 4 Planninq Application No. PA03-023 A Development Plan for a Substantial Conformance to Planninq Application 00-0213 for the Bel Villaqqio proiect that includes chanqes to the square footaqes and the elevations of buildinqs L, M, N, and O, chanqinq the location of Buildinq O, and chanqing the exterior material for the trim above the windows for existing and future buildinqs located Southwest corner of Marqarita Road and North General Kearney Road (APN 921-09-71,72, and 78), Saied Naaseh, Senior Planner RECOMMENDATION: 4.1 Continue for redesign R:\PLANCOMM~Agendas~003\O 1-29-03.doc 2 5 Planning Application No. PA02-0567 A request for a findin.q of Public Convenience or Necessity and a Minor Conditional Use Permit to operate a nightclub to include a type 48 liquor license, live music, dancin.q, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existing buildinR located at 28822 Old Town Front Street and known as Assessor's Parcel No. 921-310-022, Rick Rush, Associate .Planner RECOMMENDATION: 5.1 Adopt a Notice of Exemption for Planning Application No. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects Which Are Disapproved). 5.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES) FOR THE EDGE NIGHTCLUB LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003. 5.3 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0567 A MINOR CONDITIONAL USE PERMIT TO OPERATE A NIGHTCLUB TO INCLUDE A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES), LIVE MUSIC, DANCING, AND OTHER ENTERTAINMENT USES IN AN EXISTING 4,860 SQUARE FOOT BUILDING LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT (Update of Development Process) ADJOURNMENT Next meeting: February 5, 2003 - Council Chambers 43200 Business Park Drive, Temecula, CA 92590 R:~PLANCOMM~Agendas~003\01-29-03.doc 3 ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 18, 2002 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, September 18, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Guerriero. ROLL CALL Present: Commissioners Guerriero, Mathewson, Olhasso, Telesio, and Chairman Chiniaeff. Absent: None. Also Present: Director of Planning Ubnoske, Assistant City Attorney Curley, Deputy Director of Public Works Parks, Development Services Administrator McCarthy, Battalion Chief McBride, Principal Planner Hazen, Principal Planner Hogan, Associate Planner Thornsley, Assistant Planner Preisendanz, and Minute Clerk Hansen. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 A.qenda RECOMMENDATION: 1.1 Approve the Agenda of September 18, 2002. 2 Minutes RECOMMENDATION: 2.1 Approve Minutes from July 17, 2002. R: PlanComm/minutes/091802 1 3 Director's Hearinq Case Update RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for August 2002. MOTION: Commissioner Olhasso moved to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Commissioner Telesio and voice vote reflected approval with the exception of Commissioner Guerriero who abstained from Item No. 2. COMMISSION BUSINESS 4 Development Review Process, Debbie Ubnoske Presenting an overview of the staff recommended revisions to the Development Review Process, Director of Planning Ubnoske provided the following highlights: · The task of analyzing the current Development Review Process; That meetings from various agencies were held in order for staff to obtain feedback regarding the review process; · The efforts made to improve the timeframe associated with this process; The plan to implement a Development Review Process for exempt projects (i.e., projects not requiring environmental review) which would take seven weeks in lieu of the current 15-week process, noting that this plan would include the following: The development of an appointment process for application submittals; The goal to deem complete the application at the time of the appointment; and The exploration of the concept of developing separate applications for each type of permit; · Relayed that a customer service survey was developed and implemented; and That there has been consideration to create City CEQA Guidelines, which would create additional exemptions. For Commissioner OIhasso, Director of Planning Ubnoske noted that it was City policy to return phone calls within 24 hours, advising that the Planning Department was monitoring this procedure intradepartmentally; confirmed that numerous applicants communicate back and fodh with staff via e-mail; and noted that there was consideration regarding allowing any applicant to follow a fast-track process (subject to applicant's agreement to the submittal of data per a specified timeline). In response to Chairman Chiniaeff, Director of Planning Ubnoske confirmed that if the Development Guidelines became part of the Development Code some flexibility would be lost; and noted hopes that the City Council would support the concept of forming a Subcommittee to biannually review the status of the applications. R: PlanComm/minutes/091802 2 For Commissioner Mathewson, Director of Planning Ubnoske noted that the revised shortened timeframe for processing projects encompassed the time from the application submittal to the time the project was brought forward to the Planning Commission or a Director's Hearing; and relayed that a timeline was not developed for projects requiring Environmental Impact Reports (EIRs) due to the variables associated with such. It is noted that the Planning Commission received and filed this report. PUBLIC HEARING ITEMS 5 Appeal of PA01-0601 Unmanned Telecommunication Facility consistinq of replacing two existinq qolf ball netting wood poles with two metal poles, which will contain the antennas located on the northeast comer of Rancho California Road and Marqarita Road in Temeku Hills Golf Coume, Planninq Area 46 of the Marqarita Villa~le Specific Plan 199. Rolfe Preisendanz, Assistant Planner. RECOMMENDATION: 5.1 Requesting a continuance to October 2, 2002 Assistant Planner Preisendanz presented the staff report (of record), noting that this item had been continued from the August 2, 2002 Planning Commission meeting in order for the applicant to provide additional data; relayed that staff received an additional letter from a homeowner who was opposed to the project which was provided to the Planning Commission supplementarily; specified the additional information the applicant has provided, presenting the sample materials for the poles; requested input from the Planning Commission regarding whether the site analysis data the applicant provided was adequate and whether an outside consultant should be hired to provide additional information regarding the project; and relayed staff's recommendation to continue this item to the October 2, 2002 meeting. Mr. Marc Myers, representing the applicant, noted that while the applicant would prefer approval of the project at tonight's hearing that the applicant would agree to the continuance; and clarified that all of the information that the applicant had submitted to staff had not been provided to the Planning Commission. Addressing the queries of the Planning Commission, Mr. Myers noted the following: for Commissioner Guerriero, provided additional information regarding the pole materials, advising that the applicant would be willing to either have an artist paint the steel poles to resemble wood telephone poles or to add telephone pole cladding as per provided sample materials; for Commissioners Mathewson and Telesio, confirmed that staff has not had an opportunity to review the cladding sample material; confirmed that the photograph depicted a pole covered with the cladding material; for Chairman Chiniaeff, advised that the poles were warranted via the manufacturer; in response to Commissioner Olhasso, relayed that to the best of his understanding the Burger King pamel was part of the Palamar Shopping Center and under one ownership (Director of Planning Ubnoske noting that staff couId obtain additional information regarding this matter); and for Commissioner Mathewson, advised that the actual wood poles vary in diameter from 11 inches to 15 inches, and the applicant would be installing comparable poles. R: PlanComm/minutes/091802 3 For the record, Chairman Chiniaeff noted the Planning Commission's receipt of a letter written by Mr. Bill Miller, outlining his concerns regarding the project. The following individuals spoke in opposition to the project: ~ Mr. John Shablow 30791 Links Court o Mr. Bill Miller 30743 Links Court o Mr. Harold Ritter 30725 Links Court The above-mentioned individuals were opposed to the project for the following reasons: · ,' Opined that this location was solely chosen due to the lower lease prices at this site; ,/ That approving this project would set a precedent in the City; ¢' Noted concerns regarding the health issues associated with this installation; ¢' Queried the focus of the Planning Commission regarding the camouflaging of the facility; · " Opined that telecommunications facilities should not be placed in residential areas; ,,' That this facility should co-locate at an alternate site (i.e., at the water tower site); and ¢' Requested that there be review of all the recorded statements of the applicant, and in particular the earliest hearings. Providing rebuttal, Mr. Marc Myers, relayed the following information: Referencing alternate telecommunication facilities which he represented and were recently approved by the Planning Commission, noted that he thought that this project would have been more readily approved since there would be no significant net change to the existing environment; · With respect to concerns expressed regarding the location of a commercial use proximate to a residential area, clarified that there was an existing gas station which was significantly closer to the residents than this facility would be, noting that this project was far less intrusive; Relayed that this project would provide a benefit to the community due to the improved cellular service; · That the projectwas stealth; That he could provide more specific information regarding the Burger King parcel, if needed; referencing the ownership list of the numerous parcels in the Palomar Village Shopping Center, relayed that in general the majority of the parcels were owned by the center; and R: PlanComm/minutes/091802 4 · Relayed hopes that the project would be approved, while offering to bring back additional information if that was the Planning Commission's desire. Chairman Chiniaeff requested that staff provide the Planning Commission all the information the applicant had submitted to staff including the technical study; and noted the importance of determining whether there was an alternate location that would work from a technical standpoint. Commissioner Olhasso clarified that she desired to see documentation regarding contact the applicant has had with the owners of the Burger King use regarding locating the facility at that location, or technical information regarding the rationale for this site not being feasible for the facility to be effective. Additional discussion ensued regarding whether a consultant should be hired to provide additional information to the Planning Commission. Chairman Chiniaeff noted that if the Burger King owner was not willing to lease to the applicant there would be no need of further documentation, which was echoed by Commissioner Telesio; and queried whether this facility could be co-located at an alternate site and provide the same coverage. Commissioner Telesio advised that the only two issues in question were, as follows: 1 ) Whether this site was appropriate for this facility, and 2) If the site was not appropriate what alternate locations would be feasible for installation of the facility. Chairman Chiniaeff advised that the golf course was a commercial use and not a residential use. Assistant City Attorney Curley provided additional information regarding the golf course being a commercial use. Concurring with Chairman Chiniaeff, Commissioner Mathewson noted the far reaching impacts in alternate developments, i.e., Specific Plan Projects, if all areas in a Master Planned Community were to be considered residential; concurred with Commissioner Telesio, noting that if the applicant could provide documentation regarding the refusal of property owners to permit the facility to be located on their parcels there would be no reason for additional study information regarding the sites. Commissioner Telesio relayed that if the alternate sites, i.e., the Burger King parcel, cited by the Planning Commission were not available to the applicant, the Planning Commission would need to review this project as a facility proposed to be installed on a commercial site, and not a residential one. Relaying the applicant's responsibilities, Commissioner Guerriero opined that the applicant should provide documentation demonstrating that this was the only site feasible for installation of the facility; for informational purposes, noted that if the facility were to be located at this site, it was vital that the installation be stealth which was one of the issues the law permitted the Planning Commission to address with this type of facility; and relayed that he preferred the cladding material to the painted pole sample. R: PlanComm/minutes/091802 5 Additional discussion ensued regarding what encompassed the responsibilities of the applicant with respect to investigating alternate sites. Assistant City Attorney Curley provided additional information regarding the Findings the City Code imposes on the Planning Commission regarding this type of proposed project, as well as information regarding the extent of the responsibility of the applicant with respect to investigating sites, and the subsequent review of that information by staff. Offering clarification, Commissioner Olhasso reiterated that she desired to have information regarding the Burger King site prior to determining if the site analysis was complete. Referencing the applicant's data, Director of Planning Ubnoske queried the Planning Commission as to the breadth of information desired regarding the site analysis. It was the consensus of the Planning Commission to not require the hiring of a specialty consultant regarding this project's analysis. Director of Planning Ubnoske relayed that staff would also provide additional information regarding the associated ordinance and the findings necessary for action at the next hearing. MOTION: Commissioner Guerriero moved to continue this item to the October 2, 2002 Planning Commission meeting in order for the applicant to bring additional information regarding the feasibility of installing the facility at the Burger King site, and for staff to analyze the cladding material that the applicant had provided at this hearing. The motion was seconded by Commissioner Olhasso and voice vote reflected unanimous approval. For Mr. Myers, Commissioner Olhasso noted that a letter from the property owner of the Burger King use reflecting the refusal of the property owner to permit the facility to be located on their parcel would be adequate documentation. Mr. Myers requested that staff provide to the Planning Commission at the October 2, 2002, meeting all the project data that the applicant had submitted. 6 Planninq Application No. PA02-0236 A Development Plan / Product Review for detached sinqle family residences within Planninq Area No. 7 of the Ha~veston Specific Plan located south of Oak Street, west of Marqarita Road, between Harveston School Road and Major Entry off of Oak Street, Assessor's Parcel No. 916-160-004 and 916-170-011, Tentative Tract Map 29928-2 and 29928-3. Rolfe Preisendanz, Assistant Planner. RECOMMENDATION: 6.1 Adopt a Notice of Exemption for Planning Application(s) No. 02-0236 (Development Plan / Product Review) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. R: PlanComm/minutes/091802 6 6.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0236 - A DEVELOPMENT PLAN / PRODUCT REVIEW FOR DETACHED SINGLE FAMILY RESIDENCES WITHIN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN LOCATED SOUTH OF OAK STREET, WEST OF MARGARITA ROAD, BETWEEN HARVESTON SCHOOL ROAD AND MAJOR ENTRY OFF OF OAK STREET, KNOWN AS ASSESSOR'S PARCEL NO. APN 916-160-004, 916-180- 008, 916-170-011 AND 916-170-007 TENTATIVE TRACT MAP 29928-1 AND 29928. Assistant Planner Preisendanz introduced Mr. Bill Storm, the applicant's representative who would present the revisions to the proposal that the applicant has implemented in response to the recommendations of the Planning Commission. Mr. Storm introduced Mr. M. J. Knitter, the principal designer for the project, and Mr. Matthew Fagan, who, via overheads, presented the proposed products for the Harveston Development, noting the following: That a Tuscan style had been added to the products, specifically introduced in Plan lA and Plan 3; That the Colonial style was eliminated in Plan lA due to its similarity to the Farmhouse style; · That the American Farmhouse style was simplified to provide a more authentic product; · That stonework was added to the East Coast Traditional style to add elegance; · That all of the elevations in Plan 2 remained without revision; · That in Plan 3 the Colonial style was also eliminated, and that a Tuscan elevation had been added in this plan; and That on the American Farm House style (in Plan 3B) the porch had been extended, a column had been added, the roof had been extended, and the form element had been simplified. Relaying kudos to the representatives of Harveston, Commissioner Olhasso noted that the presented product was wonderful and would serve in upgrading the community; and applauded the authentic architectural styles. R: PlanComrn/min ut es/091802 7 MOTION: Commissioner Olhasso moved to close the public hearing; and to approve staffs recommendation. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. 7 Planninq Application No. PA02-0217 Development Agreement with Advanced Cardiovascular Systems, Inc. a subsidiary of The Guidant Corporation, Dave Hogan, Principal Planner RECOMMENDATION: 7.1 Requesting a continuance to October 2, 2002. .MOTION: Commissioner Guerriero moved to continue this item to the October 2, 2002 Planning Commission meeting. The motion was seconded by Commissioner Mathewson and voice vote reflected unanimous approval. 8 Plannin.q Application No. PA02-0355 A Substantial Conformance request to amend the Desiqn Guidelines of the Crowne Hill subdivision for Vested Tract Map No.'s 23143-5 throuqh -12 and approval of the Conceptual Landscape Plan alonq Pauba Road, east of Butterfield Staqe Road and south of Pauba Road, Thomas Thornsley, Associate Planner RECOMMENDATION: 8.1 Adopt a Notice of Exemption for Planning Application No. 02-0355 (Substantial Conformance) based on the Determination of Consistency with a project for which an Environmental Impact Repod (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. 8.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0355 A SUBSTANTIAL CONFORMANCE REQUEST TO AMEND THE DESIGN GUIDELINES OF THE CROWNE HILL SUBDIVISION FOR VESTED TRACT MAP NOS. 23143-5 THROUGH - 12 AND APPROVAL OF THE CONCEPTUAL LANDSCAPE PLAN ALONG PAUBA ROAD, LOCATED EAST OF BUTTERFIELD STAGE ROAD AND SOUTH OF PAUBA ROAD. Providing clarification at the request of Commissioner Guerdero, Director of Planning Ubnoske relayed that this proposal was before the Planning Commission due to the applicant requesting a change in the Design Guidelines. Principal Planner Hazen additionally noted that the second part of this particular application was for the Planning Commission to review the conceptual landscape plan along Pauba Road. R: PlanComm/minutes/091802 8 The Planning Commission determined to address the landscaping portion of the application first. Staff presented the proposal Via overhead maps, Associate Planner Thornsley presented the proposed landscape plan along Pauba Road; read into the record Condition No. 52, regarding the project's landscape requirements at the time of project approval; and for Chairman Chiniaeff, confirmed that the condition subjected the applicant to install native landscaping. The applicant provided an overview of the proiect Via exhibits, Mr. Bob Diehl, representing the applicant, relayed that proposals presented tonight were conceptual; noted the efforts of the applicant to implement into the landscape plan elements to address the residents' concerns, highlighting the proposed slope plantings, the public park site, and the proposed hydroseeding; for Chairman Chiniaeff, specified the location of the eroded section of the slope which would be graded, irrigated, and landscaped; relayed that the plant palette would encompass 30 to 40 varying types of trees; highlighted the proposed hydroseeded areas, and the storm drain area, specifying the function of this drain which would drain back toward the south east; and confirmed that the applicant had not finalized the landscape plans at this time, confirming that the applicant would comply with the conditions. For clarification, Principal Planner Hazen noted staff's intent to have the applicant bring the landscape plan forward to the Planning Commission while still in conceptual form due to the numerous residents who were concerned regarding this project; and advised that it was staff's recommendation that the public comments be relayed to the Planning Commission and the applicant prior to the plan being finalized. In response to Commissioner Guerdero, Mr. Diehl noted the applicant's intent to incorporate a transition into the landscaping at the eastern portion of the project. The public was invited to speak The following individuals spoke in opposition to the project: Ms. Pamela Voit Ms. Debbie Luzuriaga MS. Linda Mackie Mr. Roger Jaeger Mr. John Wayland Mr. John Lewis Mr. Joe McCormack Mr. Seamrs McDonald Mr. Dave Crone 38770 Sky Canyon Drive, #B 42075 Calle Barbona 33354 Pauba Road 41325 Billy Joe Lane 33342 Pauba Road 33560 Linda Rosea Road 41162 Mesa Robles Circle 41101 Mesa Robles Circle 41485 Via Del Monte Murfieta The above-mentioned individuals were opposed to the project, expressing the following comments: ,,' Thanked staff, and the applicant for their efforts to address the concerns of the residents; R: PlanComm/minutes/091802 9 ,/ Submitted a petition with 26 signatures of property owners in the Country Road Estates who were opposed to the project, as well as a letter dated September 18, 2002, from the Country Road Estates Homeowners Association (HOA) which outlined the concerns of the HOA; ,/ That when the landscape conditions were imposed on the project, the area had been more rural; · / That while Condition No. 52 requires the applicant to landscape, the applicant's plan denoted that the native vegetation would remain; ,,' Presented photographs depicting the type of landscaping desired; v' That natural landscaping would not be sufficient for erosion control and would cause an eyesore, as well as creating a fire hazard; ¢' That the homeowners in the Country Estates HOA were required to spend a minimum of two percent (2%) of the market value of their homes on landscaping within two years of the house's completion; · / Concern regarding the lack of available on-street parking; v' Queried why the developer was permitted to fence off public property, and permitted to use private property for access without compensation to the property owners; ,,' That the grading would cause flooding; v' That the subdivision rules for both the County and the City of Temecula require full- street improvements and permanent landscaping of the slope for erosion and beautification purposes; v' The proposed drainage plan which would negatively impact the neighboring properties; ,/ Requested that this item be continued in order to the applicant to provide specificity with respect to the landscape plan; v' Noted concern regarding the aesthetics and health hazards associated with the retention basin; · / Concern regarding the speeds of vehicles on Pauba Road, recommending that the speed limit be enforced; Concern regarding the proposed ingress and egress for the park, and the negative visibility impacts; · " Relayed opposition to the installation of 3-story homes; v' Noted that per discussions with Deputy City Manager Thornhill and Director of Planning Ubnoske in 1992, it was the intent that the language of the condition R: PlanComm/minutes/091802 10 provide flexibility for the Planning Director, the HOA, and the developer to come to an agreement when the landscape would be installed; Relayed a summary of conversations held in 1992 regarding the expectation for landscaping in this area; In response to Chairman Chiniaeff, Ms. Voit confirmed that the conditions solely require the applicant to install temporary irrigation, and that when that irrigation was removed the landscaping would most likely die; advised that it was the Country Road Estates HOA's desire that the landscape requirements be revised in order to not devalue the area; for Commissioner Olhasso, provided additional information regarding the County's beautification program; and for Commissioner Telesio, noted that the project was conditioned in 1992. For Commissioner Mathewson, Ms. Luzuriaga confirmed that the County, the City,.and her Real Estate agent told her when she purchased her property that the slope area would be landscaped. For the record, Minute Clerk Hansen noted receipt of a letter submitted at this hearing (i.e., September 18, 2002) written by Mr. Ernie G. Meth, outlining his concerns regarding the project, specifically the landscape plan with no irrigation along Pauba Road, the implementation of 3-story buildings along Pauba Road and/or Via Del Monte, and the dangers associated with the drainage ditch that has been constructed adjacent to Pauba Road and Via Del Monte. At 8:03 P.M. the meeting recessed, reconvening at 8:12 P.M. For clarification, Director of Planning Ubnoske relayed that it was not the intent of staff to bring this item back to the Planning Commission, advising that the project was conditioned to have these items approved at a staff level and that staff was seeking Planning Commission input. Addressinq landscapinq issues associated with this project the Pianninq Commission offered the followinq comments: In light of the size and quality of the project, Commissioner Olhasso relayed that she expected the landscape plan to be commensurate with the landscaping on the projects located to the south and west of the project. Commissioner Telesio relayed hopes that the applicant would work with the residents to come to a compromise, recommending that staff be involved in these discussions; and urged the community to diligently work with the developer since the project had minimal landscape requirements per the conditions due to the desire at the time of conditioning for the area to remain rural; Commissioner Guerriero urged the residents and the developer to work together with staff to address the landscaping; Concurring with previous Planning Commission comments, Commissioner Mathewson relayed assurance that staff would work diligently to resolve these R: PlanComm/minutes/091802 11 issues, noting hopes that the developer would go the extra mile to be a good neighbor; Referencing Condition Nos. 52 and 54, Chairman Chiniaeff relayed that the intent at the time of approval of the project was to preserve the natural state of the area; advised that the retention basin was conditioned to be placed in this project; questioned the need for the proposed equestrian trail due to the lack of connectivity, recommending that the trail be eliminated and that the monies from the horse trail be added to the landscaping; with respect to the concern regarding placement of 3-story homes on top of the slope area, recommended that trees be placed in this area to reduce the negative ridgeline appearance; and noted for the public that when a developer grades and disturbs, re-vegetation was be required. At this time the Planning Commission considered the portion of the proposal regarding the revisions to the elevations. Staff provided a bdef overview of the project Associate Planner Thornsley presented a brief overview of the staff report (or record); for Commissioner Olhasso, relayed that the parks had already been designed and had been previously reviewed and approved; and noted that the City did not require that a pool facility be implemented and the developer had no desire to do so. The applicant presented the project Mr. Bob Diehl, representing the applicant, noted that there was another developer (e.g., KB Homes) involved in the project at this time, and introduced Mr. Barry Burnell who would provide the presentation; in response to Commissioner OIhasso' queries as to why no pool facility was proposed in this project, noted that since the developer was entering an existing established community, that the homes offered were designed for move-up buyers, and that the product would be offered on large lots (which were adequate size for homeowners to install their own pool), it was determined that to keep the HOA fees down, a pool facility would not be implemented. By way of overheads, Mr. Barry Burnell as well as Mr. Diehl, representatives of the applicant, presented the following information regarding the proposed revised Design Guidelines: · A visual of a created streetscene; Specified the elevations on the lot site plan which would have enhanced articulation due to being visible to the public; For Commissioner Telesio, noted that the lot sizes would vary, that there would be a mix of one- and two-story dwellings, and that there would be opportunities for a three-story unit on the larger lots, specifying the location of this area; The built entry design and the landscaping; · For Chairman Chiniaeff, specified that the product designs and the streetscene visuals were pulled from architecture which was being built today, advising that the R: PianComm/minutes/091802 12 elevations depicted in the Design Guidelines were taken from actual project design drawings, and that when specific architectural designs had been developed for these homes they would be coming forward for Product Review approval; · Presented the enhanced window treatments, porch elements, and front entries; For Chairman Chiniaeff, noted that the photograph samples were depicting Pacific Century homes which had been actually built in alternate areas; and · That the elevation in which the driveway was inadvertently not depicted would have a turn-in garage treatment. For clarification, Chairman Chiniaeff relayed to the public that the renderings depicted the types of homes that would be developed per the Design Guidelines and were not an actual representation of the project, advising that specific product review would be reviewed at a future public hearing. The applicant's representative clarified that the Design Guidelines provided the conceptual architectural styles being proposed for future implementation, requesting input as to whether these particular guidelines define the criteria the Planning Commission was seeking. Commissioner Guerriero suggested that the applicant review the final Harveston Design Guidelines to gain an understanding of what the Planning Commission was seeking. For informational purposes, Director of Planning Ubnoske noted that this project was already approved with a vesting map; and relayed that at this time the applicant was simply presenting revised updated Design Guidelines. The Planninq Commission offered the followinq input reqardinq the proposed Desiqn Guidelines: Commissioner Olhasso noted that the proposed products were outdated, depicting large stucco boxes without authentic architectural styles, relaying hopes that it was the applicant's desire to build a higher quality product. In response, the applicant's representative relayed the desire to build a product that would have continuity with the existing homes in this area. With respect to the proposed Design Guidelines, specifically on page 5, Commissioner Mathewson noted the lack of language addressing the development of an adequate mix of one- and two-story homes, advising that to have numerous homes built side-by-side with the same rooflines would not be acceptable; and requested a minimum single-story commitment. Assistant City Attorney Curley confirmed that it would not be appropriate to impose a specified percentage of one-stow homes with respect to this project; and for Commissioner Mathewson, confirmed that the variation of the floor plans could be addressed subject to the approved resolutions associated with this project not having language included addressing this matter. R: PlanComm/minutes/091802 13 Commissioner Mathewson requested that the language of the Design Guidelines be strengthened to encourage the implementation of an adequate number of single- story homes. Assistant City Attorney Cudey clarified that the Planning Commission was seeking a streetscene with variation with respect to the elevations, i.e., the height, and the rooflines. Director of Planning Ubnoske confirmed that this type of language could be added to the Design Guidelines due to it being general. Mr. Bob Fallon, representing KB Home Coastal Inc., joined the applicant's representatives at this point to aid in addressing the Planning Commission's queries. With respect to the general language throughout the Design Guidelines stating should incorporate elements, or at times stating may incorporate elements, Commissioner Mathewson recommended that the words should and may be replaced with the word shall. Assistant City Attorney Curley confirmed that this recommendation was appropriate. Referencing page 7 of the Design Guidelines, Chairman Chiniaeff noted that he had noted some revisions that he recommended that the applicant implement which he would provide to staff. In response to Chairman Chiniaeff's recommendations to add articulation to additional elevations, the applicant's representative noted a willingness to implement these revisions. Referencing page 8 of the Design Guidelines, Commissioner Olhasso noted her displeasure regarding the shutters denoted on the Spanish Colonial style, recommending that arched windows be incorporated; with respect to the Craftsman style, opined that the porch treatment was too small and the brick or stone would need to be continued or there should be siding implemented all the way down, citing an example from the Harveston proposed product (Plan 9); with respect to the Italianate style, noted that she could accept the varying stucco tones or there could be added stonework, Commissioner Guerriero recommending the added stone. For Commissioner Telesio, the applicant's representatives noted that the chimneys were located behind the product on this page, and that it was an optional element on the KB Home product; and clarified that these elevations represented the smaller end product. With respect to pages 9, 10, and 11 of the Design Guidelines, Chairman Chiniaeff recommended that on the enhanced elevations (i.e., elevations which were visible from the public right-of-way), that the shutters or alternative treatments be added to all the windows, as well as the pop-out treatments. Referencing page 11 of the Design Guidelines, Commissioner OIhasso noted that on the Craftsman style, the porch was too small, and that the front entry should be more continuous, suggesting that an authentic porch be added, in particular one that was wider; and that the Spanish Colonial style should be simplified to create authenticity, and the rooflines should create a clean front line appearance. R: P[anComrrdminutes/091§02 14 Referencing page 11 of the Design Guidelines, Commissioner Mathewson recommended that there be some architectural forward treatments, additionally commenting on the rooflines with no variation on the rear elevations. In response, Mr. Burnell suggested that some of the streetscenes be included in the Design Guidelines depicting these particular implementations; and for Commissioner Telesio, noted that at this point the applicant was unsure what the product mix would be; and clarified that implementing the streetscenes into the Design Guidelines would represent the required mix. For clarification, Principal Planner Hazen relayed that when Product Review takes place at a Planning Director's Hearing, projects were conditioned to implement an adequate mix of roofline elements, providing assurance that staff would address this issue. Assistant City Attorney Cudey noted that the applicant's willingness to add a streetscene representative of a mixed product would further define the general concepts required, and that revising the language to add a requirement for a mixture of styles, elevations, and heights, would provide a level of certainty regarding an adequate mixture. With respect to all of the subsequent enhanced elevations, Chairman Chiniaeff recommended that all the windows on an elevation be articulated similarly in lieu of solely one. Referencing page 13 of the Design Guidelines, specifically the graphic denoting the standard condition, Chairman Chiniaeff advised that this elevation was not acceptable due to its box-like appearance; and confirmed for the applicant that the enhance condition style could be utilized for both elevations within the public view, and out of public view. Referencing page 14 of the Design Guidelines, the Planning Commission recommended a more authentic style on the Craftsman design, Chairman Chiniaeff suggesting added fascia, i.e., brick or siding. Commissioner Guerdero recommended that on the Spanish Colonial style the windows be arched, Chairman Chiniaeff suggesting the addition of a pot shelf treatment with shutters. Commissioner 01hasso advised that these depictions were the most antiquated. For Chairman Chiniaeff, the applicant's representative concurred that the four-vent treatment should be revised. Referencing page 16 of the Design Guidelines, Commissioner Guerriero recommended that on the one-stow French Country style depicted on the right side of the page, stone be added under the window to the right of the entry, as well as on the right side of the garage, Commissioner Olhasso recommending that rock surround the garage door on the two-story element, and recommending that the shutter treatment be revised. For Chairman Chiniaeff, the applicant's representative specified the lot sizes in each planning area. R: PlanComm/minutes/091802 15 Referencing page 18 of the Design Guidelines regarding the Italianate style, the Planning Commission recommended additional consistency, not one window with shutters and another without, recommending that continuity be implemented on the other styles as well. Commissioner Guerdero recommended that on the Italianate style the area around the door be scored to simulate block. For Commissioner Olhasso, the applicant's representative relayed that the front porch would be approximately six feet. For Commissioner Mathewson and Chairman Chiniaeff, Director of Planning Ubnoske relayed that typically the Design Guidelines could address implementation of architecturally forward elements, advising that staff would investigate the approved conditions for this project to ensure that this matter had not been addressed, noting that if there was no conflicting language, then the incorporation of this element would be added to the Design Guidelines. In response, the applicant relayed the intent for a variety of elevations to be provided including architecture forward elements. Recapitulating, Chairman Chiniaeff noted that there needed to be consistency in the detailed articulation, i.e., avoiding three different types of windows on the front of a house (as cited on page 21 of the Design Guidelines). Commissioner Olhasso recommended that siding and rock be added to the Craftsman style even if solely on the higher end product, and that arched windows and doorways be added to the Spanish Colonial style. Referencing page 22 in the Design Guidelines, Chairman Chiniaeff noted that the rear elevation was fiat and needed added elements to create visual interest. Referencing page 25 of the Design Guidelines, the applicant's representative provided additional information regarding the French Country style. Referencing page 27 of the Design Guidelines, Commissioner Guerriero and Chairman Chiniaeff noted the lack of consistency again with the window treatments, recommending that the shutter treatment be added to alternate windows, and in particular the window to the far left. Commissioner Guerriero and Chairman Chiniaeff noted that the supports for the porch treatment appeared to be inconsistent with the French country style. In response, Mr. Burnell agreed, advising that this treatment would be revised Referencing page 27 of the Design Guidelines, Chairman Chiniaeff recommended that additional articulation be added to the Spanish Colonial style, Commissioner Guerriero recommending enhanced stucco finish. With respect to page 31 of the Design Guidelines regarding the French Country style, Commissioner Guerriero and Commissioner Olhasso recommended that the stone treatment be continued on both sides of the garage. For Commissioner Telesio, the applicant provided additional information regarding the design of this elevation. R: PlanComm/minutes/091802 16 With respect to page 33 of the Design Guidelines, Commissioner Mathewson recommended that the language include encouragement to implement architecturally forward elements and recessed garages, and that the configurations on page 34 be modified to reflect this implementation. At this time the public was invited to speak The following individuals spoke in opposition to the project: Mr. Roger Jaeger Mr. Bennet Cherry Ms. Pamela Voit 41325 Billy Joe Lane 43091 Noble Court 38770 Sky Canyon Drive, #B Murrieta The above-mentioned individuals were opposed to the project, expressing the following comments: Noted the need to beak up the rooflines which as proposed did not present a mix, concurring with the Planning Commission's comments, recommending that the elevations in the public view provide a variety of architecture detail; Thanked the Planning Commission for their comments and recommendations; Voiced concern regarding the impact of this project on the existing HOA, i.e., increased HOA fees, and the maintenance of landscaping; and concurred with the applicant that a pool facility should not be implemented; ,/ Opposed to the implementation of 3-story homes due to the negative visual impacts; Disappointed with the presented elevations which lack articulation, recommending that the Design Guidelines not be approved due to the lack of specificity and architectural detail; Concurred with Commissioner Mathewson regarding the implementation of architecturally forward elements; and Noted concern regarding the proposal to eliminate the Design Guidelines for the 28 homes in the Crowne Hill Estates. For informational purposes, Director of Planning Ubnoske relayed that residents within a 300-foot radius would be notified of the Director's Hearing which would address the Product Review for this project, and that the hearing would also be posted, as well as advertised in the newspaper. .MOTION: Commissioner Guerriero moved to close the public hearing; and to approve staff's recommendation to approve this application, subject to the modifications specified in the minutes of this meeting, specifically the portion reflecting the Planning Commission's bulieted recommendations, as well as implementing staff's recommendations contained in the staff report. The motion was seconded by Commissioner Telesio. (Ultimately this motion passed; see page 18.) R: PlanComm/minutes/091802 17 It was determined that staff would work with the applicant and the residents regarding the conceptual landscape plan. Further commenting, Commissioner Olhasso opined that although the applicant noted the need to maintain the profit margin on this project, the majority of the Planning Commission recommendations allow for the applicant to maintain its goals while improving the product. For Commissioner Telesio, Principal Planner Hazen noted that there was a condition on the vesting map for this project that Pauba Road conform to a County standard road which included an equestrian trail, advising that although Chairman Chiniaeff recommended that the horse trail be eliminated due to its lack of connectivity and that the monies be attributed to additional landscaping, that the trail could not be easily eliminated due to the conditions. At this time voice vote was taken reflecting unanimous approval of the motion. 9 Planninq Application No. PA99-0186 General Plan Amendment: 2000-2005 Housinq Element, Dave Ho~lan, Principal Planner: RECOMMENDATION: 9.1 Adopt the Negative Declaration for Planning Application No. 99-0186; 9.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE 2000-2005 HOUSING ELEMENT (PLANNING APPLICATION 99-0186) Principal Planner Hogan reviewed the two revisions proposed in the 2000-2005 Housing Element (per the staff report), advising that a conditional approval from Department of HCD (Housing and Community Development) had been received regarding this element; and for Chairman Chiniaeff, confirmed that the Housing Element had been circulated. MOTION: Commissioner Mathewson moved to close the public hearing; and to approve staff's recommendation. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. 10 Planninq Application No. PA02-0318 Development Code Amendment: Modular Structures and Other Chanqes, Dave Hoqan, Principal Planner: RECOMMENDATION: 10.1Adopt a resolution entitled: R: PlanComm/minutes/091802 18 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE" (PLANNING APPLICATION 02- 0318) Discussion ensued regarding continuing this matter to the October 2, 2002 Planning Commission meeting. It is noted that Ms. Doreen Gagnon, and Rev. H. G. McComas, who had filled out request-to-speak forms for this item opted to hold their comments until the continued hearing. MOTION: Commissioner Guerriero moved to continue this item to the October 2, 2002 Planning Commission meeting. The motion was seconded by Commissioner Olhasso and voice vote reflected unanimous approval. COMMISSIONER'S REPORTS No comments. PLANNING DIRECTOR'S REPORT No comments. ADJOURNMENT At 10:50 P.M. Chairman Chiniaeff formally adjourned this meeting to the next re,qular meeting to be held on Wednesday, October 2, 2002 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dennis W. Chiniaeff, Chairman Debbie Ubnoske, Director of Planning R: PlanComm/minutes/091802 19 ITEM #3 RECOMMENDATION: 1. 2. STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 29, 2003 Planning Application No. 02-0667 - Tentative Tract Map Prepared By: Emery Papp, Associate Planner The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No. 02-0867; and ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0667, A TENTATIVE TRACT MAP APPLICATION TO ESTABLISH TWO PARCELS FOR CONDOMINIUM PURPOSES, GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN AS ASSESSOR PARCEL NO. 961-010-006. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: LOT AREA (gross): EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: Temecula Creek Village, LLC An application to establish two (2) parcels for condominium purposes, being a subdivision of Parcel 8 and Parcel 14 of Parcel Map 30468; changing the occupancy of 400 multi- family apartment units to owner-occupied condominiums. South of Highway 79 South, north of Temecula Creek, east of Jedediah Smith Road, and west of Avenida De Missions 21.43 Acres Planned Development Overlay 4 (PDO-4) North: South: East: West: Professional Office and Very Low Density Residential Open Space/Conservation Professional Office Highway Tourist Commercial Professional Office R:~F' M~2001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Vacant (Rancho Community Church site) Temecuia Creek Vacant Vacant (Proposed TM 30180) BACKGROUND At its May 1, 2002 meeting, the Planning Commission approved Planning Applications 01-0610 (TPM 30468) and 01-0611 (Development Plan) to allow the construction of 400 multi-family residential apartment buildings and 123,100 square feet of commercial space on the subject parcel Shortly after the approvals were issued, the owner sold the project to Temecula Creek Village, LLC. The new owner subsequently filed an application for Substantial Conformance on October 7, 2002. The purpose for the Substantial Conformance application was to resolve a building separation issue and to consolidate smaller apartment buildings. The Planning Commission approved the Substantial Conformance application on November 20, 2002. On December 11, 2002, Temecula Creek Village, LLC submitted a Tentative Tract Map (TTM) application to establish two parcels for condominium purposes. If approved, Lots 1 and 2 of TTM 31042 will be recorded as lots for condominium purposes, and will replace Lots 8 and 14 of TPM 30468, which were intended for 400 multi-family apartment units. PROJECT DESCRIPTION Environmental Determination This project is exempt from CEQA pursuant to Section 15162 (b) (previous Mitigated Negative Declaration, SCH No. 2002031150). Tentative Tract Map Tentative Tract Map 31042 is a proposal to re-map two lots of Parcel Map 30468 (Lot 8 and Lot 14) to establish two new lots for condominium purposes. Lots 1 and 2 of TTM 31042 are proposed as lots for condominium purposes, replacing Lots 8 and 14 of TPM 30468, which were intended for 400 multi-family apartment units. Grading Conceptual grading for TTM 31042 does not significantly differ from previous project approvals. The grading concept for this ~I'M conforms to the requirements of Condition of Approval No. 8 of Planning Application 02-0549, requiring the applicant to resolve a building separation issue between building R14 and the public trail along the southerly project boundary. The applicant proposes to realign the trail to separate it from the building. Access/Circulation The proposed change in type of residential occupancy will not impact vehicular access to the site. The points of access will be from the same four locations as all previously approved submittals. Internally, the proposed changes in occupancy will not impact on-site circulation. R:~P M~001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 2 ANALYSIS Environmental Determination An initial study was prepared for the previous project approvals and it determined that the project could have potentially significant impacts on the environment unless mitigated. Therefore, a Mitigated Negative Declaration and a Mitigation Monitoring Program was approved for Planning Applications 01-0610 and PA01-0611. The Tentative Tract Map application does not significantly alter the project for which the previous Mitigated Negative Declaration was based, and staff has determined that the previous Mitigated Negative Declaration is sufficient. Pursuant to Section 15162 (b) of CEQA, no further documentation is required. The required mitigations have been incorporated as Conditions of Approval. Tentative Tract Map The initial concept for Temecula Creek Village was a mixed-use development containing 400 multi- family apartments and 123,000 square feet of commercial space. The TTM proposal does not change the overall number of units, it will only change the occupancy of the units. The proposed change in type of occupancy will not affect any other prior approvals related to this project. Grading The proposed change to the grading concept will remove the "jog" in the public trail near building R14, thereby providing adequate building separation. This change is proposed as the Applicant's preferred method for satisfying Condition of Approval No. 8 of Planning Application 02-0549 (Substantial Conformance). Coordination with the Army Corps of Engineers and the Department of Fish and Game will be required to backfill the "jog" in the riverbed. If permits and/or other approvals are not obtained from these agencies, then Building R14 will need to be moved away frem the public trail, satisfactory to the Director of the Community Services Department. The method of separation will be indicated on the precise grading plans. Access and Circulation Staff has no remaining concerns with access to the site or with on-site circulation. The Conditions of Approval for Planning Applications 01-0610, 01-0611, and 02-0549 apply to this project, and are also attached as conditions for this project. Concerns that staff had will be addressed when all of the Conditions of Approval have been satisfied. SUMMARY/CONCLUSIONS Staff has determined that the proposed project is consistent with the City's Design Guidelines and conforms to all applicable development regulations, and is consistent with the previous approVals for PA01-0610, PA01-0611, and PA02-0549. Staff recommends approval ofthe application for the Tentative Tract Map subject to the attached Conditions of Approval. FINDINGS The findings for the approvals of Planning Applications 01-0610, 01-0611, and 02-0549 must be made again for the TTM. R:\P M~2001~D1-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 3 Tentative Tract Map (Section 16.09.140 A-H) The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Tentative Tract Map No. 31042 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. The tentative map does not divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not land designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Tentative Tract Map on property designated for Professional Office uses, which is consistent with the General Plan, as well as, the development standards for the PDO-4 zoning designation. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; Per the CEQA Guidelines, a Notice of Exemption has been prepared for this project. A Mitigated Negative Declaration was prepared for previous approvals directly related to this project. The Mitigation Monitoring Program still applies and will ensure that the impacts are not likely to cause significant damage to the environment. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Safety Division, the Building Safety Division, Public Works, Community Services and Planning Staff. As a result, the project has been conditioned to address all concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; There are solar possibilities available to the tract map; however, the applicant has not submitted any information in regard to solar possibilities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; R:~P M~.001~1-0610 TPM30468 Ternecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 4 The concerns expressed by Public Works in previous project approvals have already been addressed, or will be addressed in the Conditions of Approval. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The applicant is responsible for payment of fees, which will address the City's parkland dedication requirements. Attachments: 1. PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 10 2. Notice of Exemption - Blue Page 35 3. Tentative Tract Map Reductions - Blue Page 37 4. Conceptual Grading Plan Reductions - Blue Page 40 5. Exhibits - Blue Page 46 A. Vicinity Map B. General Plan Map C. Zoning Map R:~P M~001\01-0610 TPM30468 Temecula Creek Village\PC Staff Repo[t 01-29-03 - Condo Map.doc 5 ATFACHMENT NO. 1 PC RESOLUTION NO. 2003- R:\P M~001 ~01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 6 PC RESOLUTION NO. 2003-.__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0667, A TENTATIVE TRACT MAP APPLICATION TO ESTABLISH TWO PARCELS FOR CONDOMINIUM PURPOSES, GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN AS ASSESSOR PARCEL NO. 961-010-006. WHEREAS, the Planning Commission approved Planning Application 01-0610 (Tentative Parcel Map) Planning Application 01-0611 (Development Plan) at a duly noticed public hearing on May 1,2002; and WHEREAS, Temecula Creek Village, LLC submitted an application for Substantial Conformance to modify the previously approved Development Plan for Parcel Map 30468 on October 2007, 2002; and WHEREAS, Temecula Creek Village, LLC submitted an application for a Tentative Tract Map to establish two parcels for condominium purposes on December 11,2002; and WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the Planning Commission considered the Application for the Tentative Tract Map at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to conditions after finding that the project proposed in the Application conformed to the City of Temecula General Plan and Subdivision Ordinance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Tentative Tract Map Findinqs. The Planning Commission in recommending approval of the Application for the Tentative Tract Map, must make the following findings: 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Tentative Tract Map No. 31042 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. R:~P Ivl~001~01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 7 2. The tentative map does not divide land which is subject to a contract entered into pumuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act Contract but the resulting pamels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not land designated for conservation or agricultural use. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Tentative Tract Map on property designated for Professional Office uses, which is consistent with the General Plan, as well as, the development standards for the PDO-4 zoning designation. 4. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife in their habitat; Per the CEQA Guidelines, a Notice of Exemption has been prepared for this project. A Mitigated Negative Declaration was prepared for previous approvals directly related to this project. TheMitigationMonitoringProgramstillappliesandwillensurethattheimpactsare not likely to cause significant damage to the environment. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Safety Division, the Building Safety Division, Public Works, Community Services and Planning Staff. As a result, the project has been conditioned to address all concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; There are solar possibilities available to the tract map; however, the applicant has not submitted any information in regard to solar possibilities. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The concerns expressed by Public Works in previous project approvals have already been addressed, or will be addressed in the Conditions of Approval (Quimby); The subdivision is consistent with the City's parkland dedication requirements The applicant is responsible for payment of fees, which will address the City's parkland dedication requirements. R:',P M~2001~1-0610 TPM30468 Temecula Creek Village\PC Staff Repo~l 01-29-03 - Condo Map,doc 8 Section 3. Environmental Compliance. The initial environmental assessment for Pamel Map 30468 and the associated Development Plan identified issues that could potentially have significant impacts without mitigation. A Mitigated Negative Declaration and Mitigation Monitoring Program were prepared to reduce potential impacts to levels that are less than significant. The Tentative Tract Map application package does not significantly differ from the previous approvals, and staff has determined that the previous Mitigated Negative Declaration is sufficient. Pursuant to Section 15162 (b) of CEQA, no further documentation is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Tentative Tract Map 31042, a request to establish two parcels for condominium purposes; leaving all other previous approvals for Parcel Map 30468 and the associated Development Plan intact, as set forth on attached Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 29t~ day of January 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 29th day of January, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~P M~001~01~610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 9 EXHIBIT A CONDITIONS OF APPROVAL R:~P M~_001~01-0610 TPM30468 Temecuta Creek Village~PC Staff Repod 01-29-03 - Condo Map.doc 10 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0667 PA02-0549 PA01-0610 PA01-0611 Tentative Tract Map 31042 Substantial Conformance (previous approvals) Tentative Parcel Map 30468 Development Plan Project Description: PA02-0667: Tentative Tract Map to establish two (2) pamels for condominium purposes, being a subdivision of Parcel 8 and Parcel 14 of Parcel Map 30468; changing the occupancy of 400 multi-family apartment units to owner-occupied condominiums. PA02-0549: Substantial Conformance Application to modify residential Sub-Area D by consolidating five smaller two-story apartment buildings into two three- story apartment buildings, reducing the overall number of apartment buildings on-site to 22 and creating more on-site open space. PA00-0610: Tentative Parcel Map 30468 subdividing the site into 14 parcels, 12 for commercial uses and 2 for high-density residential use. PA00-0611: Construct 400 multi-family residential units on approximately 20.7 acres and 123,100 square feet of commercial space on approximately 11.9 acres. Development Impact Fee Category: Multi-Family Residential and Retail Commercial Assessor's Parcel No.: 961-010-006 Original Approval Date: O5/O 1/2002 Expiration Date: O5/O 1/2OO4 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project Thc ~.~ +k..... k,,~.~.... ~...~ ~...,.*~....~,~ r~/~ ~ A n0~ fcr thc Ccun~' :dmlnlctrct!vc fcc, tn thc ......................................... ~ ....... ~ ~ R:~P M~001\01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 11 -~ t .~/,.~: This condition was satisfied under the previous approval The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable to the County Clerk in the amount of sixty-four dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Section 15062 of the California Environmental Quality Act. General Requirements The parcel map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, 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 from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, 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. City shall promptly notify the 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 its 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. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. After grading, all slopes shall be planted in accordance with the City's Slope Planting Guidelines. Jute netting will be required on all slopes greater than ten linear feet. An Administrative Development Plan application shall be submitted and approved by the Planning Department for buildings on Pads C1, C2, C3, C9 and C10, prior to issuance of building permits. The final landscape plan shall indicate street trees planted along the Highway 79 South frontage as a minimum of 24-inch box for each variety shown. The applicant is advised that Highway 79 South is a state highway, and that all landscape approvals are to meet CalTrans requirements. 10. Perimeter trees shall include some specimen trees of the varieties indicated on the final landscape plan. Specimens shall be a minimum of 36-inch box and shall be placed in a manner that vehicular and pedestrian entrances are accented and provide variation in canopy height. In addition to perimeter trees, please add three (3) 24-inch box Chinese R:\P M',2001"O1-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 11. 12. 13. 14. 15. 16. Flame trees, and all eighteen (18) 36-inch box Red Crepe Myrtle trees to conform to the number of specimens identified in the planting legend. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. Any future changes to the development plan will require submittal of a Substantial Conformance application and will require a public hearing before the Planning Commission. This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved floor plans, elevations and the Color and Material Boards on file with the Community Development Department - Planning Division. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director 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, Property Owner's Association, or any successors in interest. All mechanical and roof equipment shall be fully screened from public view by being placed below the lowest level of the surrounding parapet wail. Parapet walls shall be of sufficient height above the roofline to screen said equipment. The colors and materials for the project shall substantially conform to those noted directly below and with the Color and Material Boards on file with the Community Development Department - Planning Division Areas A and C: Primary wall exterior: Stucco Accent 1: Stucco Accent 2: Stucco Accent 3: Trim and Bands: Roof Stone Veneer Frazee Desert Fawn (8222 W) Frazee Burnt Copper (8355 D) Frazee Safari Tan (7754 M) Frazee Lulled Beige (8232 W) Frazee Almond White (8180 W) Patina Green Metal Seam Roof Cheyenne Limestone Area B: Primary wall exterior: Stucco Accent: Fascia, Trim, Bands and Railings: Garage Doors Frazee Clay Beige (8721 W) Frazee Daplin (8234 M) Frazee Swiss Coffee (487) Frazee Lulled Beige (8232 W) R:~P M~2001~01-0610 TPM30468 Ternecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 13 Roof Tile Stone Veneer (Wrap stone veneer around window frames) Area D: Silhouette Slate (ISTCS 4930) Jackson Valley Quarrystone (SP 103) Primary wall exterior: Stucco Accent 1: Stucco Accent 2: Stucco Accent 3: Fascia, Tdm, Bands and Railings: Roof Tile Stone Veneer Frazee Hay Seed (8220 W) Frazee Daplin (8234 M) Frazee Festoon (8274 W) Frazee Bumt Copper (8355 D) Frazee Swiss Coffee (487) Wolf Grey Shake (1 SKCB 5969) Oakridge Mountain Ledge 17. The Clubhouse (Sub-Area D) in proximity to the Village Center shall incorporate design elements that closely resemble those of the Village Center commercial buildings. The Clubhouse (Sub-Area B) adjacent to the public trail on the south side of project shall incorporate design elements that closely resemble the residential buildings. 18. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are screened from view per applicable City Codes and guidelines. 19. All multi-family residential buildings shall meet the building separation requirements of Section 17.06.050 B of the City's Development Code. 20. The applicant shall submit a fence plan for review and approval for Sub-Areas B and D prior to the issuance of the first residential building permit. 21. The applicant shall redesign the trash enclosures such that no unattended rollout container(s) be left in the drive aisle during pick up. 22. The driveway apron and drive aisle to/from Jedediah Smith Road shall be sufficiently wide to reduce vehicle stacking exiting the site, and to facilitate emergency vehicle movement. Prior to Issuance of a Building Permit 23. Prior to issuance of building permits, Covenants, Conditions, and Restrictions (CC&R's) shall be approved by the Planning Department and recorded with the Riverside County Recorder. The CC&R's shall contain provisions for the creation of a Property Owner's Association for the maintenance of all landscaping on the commercial parcels, and maintenance of all internal roadway and hardscape surfaces within those parcels. 24. The applicant shall insure that all trees planted along the Highway 79 South property line of the subject development be a minimum size of 24" box trees. The applicant shall revise the landscape plans and resubmit the plans for Planning Department approval prior to the issuance of a building permit. R:~P M~O01V31-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc Prior to Issuance of an Occupancy Permit 25. All perimeter and slope landscaping, including the Highway 79 South landscape planter area shall be installed to the approval of the Planning Director, prior to the first certificate of occupancy. 26. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. 27. A one-year landscape maintenance bond of sufficient amount shall be submitted and approved by the Planning Department. 28. The applicant and owner of the real property represented by this approval shall join and maintain active membership in the Crime Free Multi-housing Program. Prior to Issuance of Grading Permits 29. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 30. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PUBLIC WORKS PA01-0610 (Tentative Parcel Map) The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 31. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 32. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 33. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 34. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 35. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 36. All on-site drainage facilities shall be privately maintained. R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 15 37. The vehicular movement for the following locations shall be restricted as follows: Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. Highway 79 South at the driveway east of Jedediah Smith Road shall be restricted to right in/right out movement subject to approval of CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 38. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. CalTrans k. Community Services District I. Verizon Telephone m. Southern California Edison Company n. Southern California Gas Company o. Fish & Game p. Army Corps of Engineers 39. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards) to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer) b. Provide a lane drop transition per CalTrans standards to the ddveway east of Jedediah Smith Road c. Install a traffic signal at the intersection of Highway 79 South and Jedediah Smith Road. R:~P M~.O01V31-0610 TPM30468 Ternecu[a Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 40. 41. 42. 43. 44. do Install a traffic signal at the intersection of Highway 79 South and Main Project entrance. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207A c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 402 e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. g. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. The Developer shall improve Jedediah Smith Road (80 feet curb to curb) to include the installation of street improvements, paving, curb and gutter, sidewalk, raised median, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the tentative parcel map. i. The raised median island on Jedediah Smith Road shall be 4 feet wide, 200 foot long ii. The roadway design shall be coordinated with the adjacent property owner All intersections shall be perpendicular (90). A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map with the exception of five (5) openings as delineated on the approved Tentative Parcel and approved by CalTrans. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. R:\P M~2001't01-0610 TPM30468 Temecu[a Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 17 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in fome until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved bythe Department of Public Works. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision that is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Pamel Map\Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. The Developer shall comply with all constraints that may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works A minimum 24 foot wide easement shall be dedicated for public utilities and reciprocal ingress/egress access for all private streets and drives. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private properly. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division R:\P M\2_O01X01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 57. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Community Services District 58. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 59. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 60. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 61. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify ail existing or proposed off-site or on-site, 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. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 62. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map,doc 19 63. The Developer shall post secudty and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 64. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. Prior to Issuance of Building Permits 65. 66. Parcel Map shall be approved and recorded. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 67. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 68. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of Certificates of Occupancy 69. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 70. All necessary certifications and clearances from engineem, utility companies and public agencies shall be submitted as required by the Department of Public Works. 71. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 72. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. PUBLIC WORKS PA01-0611 (Development Plan) Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. R:~P M~001~01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 20 General Requirements 73. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 74. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 75. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 76. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 77. All on-site drainage facilities shall be privately maintained. 78. The vehicular movement for the following locations shall be restricted as follows: a. Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. b. Highway 79 South at the driveway east of Jedediah Smith Road shall be restricted to right in/right out movement subject to approval of CalTrans. The method of controlling this movement shall be approved by the Director of Public Works. Prior to Issuance of a Grading Permit 79. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 80. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 81. 82. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address ali soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 83. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. R:\P M~001~01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 21 84. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 85. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 86. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: ao San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Community Services District Fish & Game Army Corps of Engineers 87. The Developer shall comply with all constraints that may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 88. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 89. 90. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 91. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. R:\P M~2001\01-0610 TPM30468 Temecula Creek Viilage~PC Staff Report 01-29-03 - Condo Map.doc 22 92. 93. 94. 95. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. g. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards) to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer) b. Provide a lane drop transition per CalTrans standards to the driveway east of Jedediah Smith Road c. Install a traffic signal at the intersection of Highway 79 South and Jedediah Smith Road. d. Install a traffic signal at the intersection of Highway 79 South and Main Project entrance. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to include the installation of street improvements, paving, curb and gutter, sidewalk, raised median, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the site plan. i. The raised median island on Jedediah Smith Road shall be 4 feet wide, 200 foot long ii. The roadway design shall be coordinated with the adjacent property owner b. All intersections shall be perpendicular (90). All street improvement design shall provide adequate right-of-way and pavement transitions per CalTrans' standards for transition to existing street sections. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Storm drain facilities R:",P M~2001~1-0610 TPM30468 Ternecula Creek Village\PC Staff Repod 01-29-03 - Condo Map.doc 23 Sewer and domestic water systems Under grounding of proposed utility distribution lines 96. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 97. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. 98. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 99. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 100. The Developer shall obtain an easement for ingress and egress over the adjacent property. 101. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 102. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 103. 104. Corner property line cut off shall be required per Riverside County Standard No. 805. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 105. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. PUBLIC WORKS PA02-0667 (Tentative Tract Map) The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. R:~P M~2001\01-0610 TPM30468 Temecula Creek Vi[lage~PC Staff Repod 01-29-03 - Condo Map.doc 24 General Requirements 106. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 107. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 108. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 109. An Encroachment Permit shall be obtained from the Califomia Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 110. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 111. All on-site drainage facilities shall be privately maintained. 112. The vehicular movement for the following locations shall be restricted as follows: a. Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by Caltrans. The method of controlling this movement shall be approved by the Director of Public Works. b. Highway 79 South at the driveway east of Jedediah Smith Road shall be restricted to right in/right out movement subject to approval of Caltrans. The method of controlling this movement shall be approved by the Director of Public Works. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 113. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise R:~P M~2001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 25 114. 115. m. n. o. p. Caltrans Community Services District Verizon Telephone Southern California Edison Company Southern California Gas Company Fish & Game Army Corps of Engineers The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South along property frontage (Urban Artedal Highway Standards) to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer) b. Provide a lane drop transition per Caltrans standards to the driveway east of Jedediah Smith Road c. Install a traffic signal at the intersection of Highway 79 South and Main Project entrance. d. Install the driveway at the intersection of Highway 79 South and Main Project entrance. Unless otherwise approved the following minimum cdteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207A c. Streetlights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 402 e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. g. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground i. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. R:~P M~2001~01-0610 TPM30468 Temecula Creek Village~PC Staff Repod 01-29-03 - Condo Map.doc 26 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. All intersections shall be perpendicular (90). A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Relinquish and waive dght of access to and from Highway 79 South on the Parcel Map with the exception of three (3) openings as delineated on the approved Tentative Parcel and approved by Caltrans. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. All easements and/or right-of-way dedications shall be offered for dedication 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 the Department of Public Works. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map\Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. R:~P M~2001\01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 27 126. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 127. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works 128. A minimum 24 foot wide easement shall be dedicated for public utilities and reciprocal ingress/egress access for all private streets and drives. 129. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 130. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 131. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 132. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Community Services District 133. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 134. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 135. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. R:~P MW.001\01-0610 TPM30468 Temecula Creek Village~.°C Staff Reporl 01-29-03 - Condo Map.doc 28 136. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, 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. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 137. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 138. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 139. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 140. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "A" and is subject to flooding of undetermined depths. Prior to the approval of any plans, the Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula Municipal Code for development within Flood Zone "A". A Flood Plain Development Permit is required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion. Prior to Issuance of Building Permits 141. Parcel Map shall be approved and recorded. 142. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 143. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 144. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. R:',P M~001\01-0610 TPM30468 Temecula Creek Vi[lage~PC Staff Report 01-29-03 - Condo Map.doc 29 Prior to Issuance of Certificates of Occupancy 145. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 146. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 147. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 148. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES General Conditions: 149. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 150. Developer shall provide adequate space for a recycling bin within the trash enclosure areas. 151. All perimeter walls, trail fences, entry monumentation, parkways, landscaping, pedestrian portals, private recreational amenities and all open space shall be maintained by the property owner or a private maintenance association. 152. The Developer shall provide to the City of Temecula an eight (8) foot multi-use trail easement deed for public access. 153. The Developer shall provide to the Temecula Community Services District (TCSD) an eight (8) foot maintenance easement deed for the multi-use trail. 154. A multi-use trail will be constructed by the developer as indicated on the development plan. Specifications and standards to be approved by TCSD. 155. Prior to the 221st residential building permit the development of the trial shall be completed and accepted by TCSD. Prior to Building Permits: 156. The developer shall satisfy the City's park land dedication (Quimby) requirement through the payment of in-lieu fees equivalent to 2.43 acres of park land, based upon the City's then current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro-rated at a per dwelling unit cost prior to the issuance of residential building permit requested. R:~P M~2001\01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 30 157. If additional arterial street lighting needs to be installed, prior to the first building permit or installation of arterial street lighting, the developer shall complete the TCSD application process and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. FIRE DEPARTMENT 158. 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. 159. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 2250 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 3100 GPM with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 160. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum (based on the greatest hazard building) of 3 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to an 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 903.2, 903.4.2, and Appendix Ill-B). 161. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 162. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Sbbdivision Ord. 16.03.020) 163. 164. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 165. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicte access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902) R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 31 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex, which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall R:~P M~001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 32 be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 176. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 177. 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 902.4) 178. Prior to final inspection of any building, 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. 179. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and alt applicable National Fire Protection Association standards. (CFC Article 81) 180. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 181. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wild land-vegetation interface. (CFC Appendix II-A) 182. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 183. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, and NFPA- 13, 24, 72 and 231-C. 184. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 185. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) R:~P M~2001\01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 33 186. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) OUTSIDE AGENCIES 187. The applicant shall comply with all the mitigation measures identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 188. The applicant shall comply with all CalTrans requirements concerning signal lights for Highway 79 South. 189. The applicant shall comply with all CalTrans requirements concerning street trees along Highway 79 South. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name pdnted Date R:\P M~2001\01-0610 TPM30468 Temecula Creek Village~DC Staff Report 01-29-03 - Condo Map.doc 34 ATTACHMENT NO. 2 NOTICE OF EXEMPTION R:~P M~001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 35 City of Temecula Planning Department Notice of Exemption TO: County Clerk and Recorders Office County of Riverside P.O. Box 751 Riverside, CA 92501-0751 FROM: Planning Department City of Temecula 43200 Business Park Drive Temecula, CA 92590 Project Title: Description of Project: Project Location: Project ApplicantJProponent: Planning Application No. PA02-0667 (Tentative Tract Map 31042) An application to establish two (2) parcels for condominium purposes, being a subdivision of Parcel 8 and Parcel 14 of Parcel Map 30468; changing the occupancy of 400 multi- family apadment units to owner-occupied condominiums South side of SR-79 South between Avenida de Missions and Jedediah Smith Road Temecula Creek Village, LLC The__ Community Development Director X Planning Commission City Council approved the above described project on January 29, 2003 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) X Ministerial (Sec. 21080(b)(1); Sec. 15268); Declared Emergency (Sec. 21080(b)(3); Sec. 15269(a)); Emergency Project (Sec. 21080(b)(4); Sec. 15269(b)(c)) Statutory Exemptions (Section Number: ) Categorical Exemption: Class (Section Number Other: Article 11, Section 15162 (b). Statement of Reasons Supporting the Finding that the Project is Exempt: The proposed project substantially conforms to the previously approved Development Plan, Parcel Map and the approved Mitigated Negative Declaration (SCH No. 2002031150) for the project. No further documentation is required. Contact Person/Title: Emery J. Papp, Associate Planner Signature: Debbie Ubnoske, Planning Manager Phone Number: (909) 694-6400 Date: R:~P M~2001\01-0610 TPM30468 Temecula Creek Village'~PC Staff Repor~ 01-29-03 - Condo Map.doc 36 ATTACHMENT NO. 3 TENTATIVE TRACT MAP REDUCTIONS R:'~P M~2001~01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 37 CITY OF TEMECULA CASE NO. - PA02-0667 ATTACHMENT 3 - TTM 31042 SHEET 1 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\P M~001~1-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc 33 CITY OFTEMECULA CASE NO. - PA02-0667 A'n'ACHMENT 3 - TrM 31042 SHEET 2 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:'tP M~001~D1-0610 TPM30468 Temecula Creek Viltage~PC Staff Report 01-29-03 - Condo Map.doc 3,~ ATTACHMENT NO. 4 CONCEPTUAL GRADING PLAN REDUCTIONS R:~P M~2001\01-0610 TPM30468 Temecula Creek Village'~PC Staff Report 01-29-03 - Condo Map.doc 40 CITY OF TEMECULA TEMECULA CREEK VILLAGE CASE NO. - PA02-0667 ATTACHMENT 4 - CONCEPTUAL GRADING PLAN SHEET 1 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\P M\2001~1-0610 TPM30468 Temecula Creek Village\PC St~ff Report 01-29-03 - Condo Map.doc CITY OFTEMECULA i .i i i i i i i i ii J I JJJ~ IlllllJl I 1 CASE NO. - PA02-0667 ATTACHMENT 4 - CONCEPTUAL GRADING PLAN SHEET 2 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:XP M~2001~1-0610 TPM30468 TemecuJa Creek Village\PC Staff Report 01-29-03 - Condo Map.doc CITY OFTEMECULA CASE NO. - PA02-0667 ATI'ACHMENT 4- CONCEPTUAL GRADING PLAN SHEET 3 PLANNING COMMISSION DATE - JANUARY 29, 2003 R :',,P M~.001'~ 1-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map.doc 43' CITY OF TEMECULA ,, lilt, jll'"i~ CASE NO. - PA02-0667 AI'FACHMENT 4 - CONCEPTUAL GRADING PLAN SHEET 4 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:'~P M~001~)1q)610 TPM30468 Temecuta Creek Village\PC Staff Report 01-29-03 - Condo Map.doc CITY OF TEMECULA CASE NO. - PA02-0667 A'rrACHMENT 4 - CONCEPTUAL GRADING PLAN SHEET 5 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:~P M~2001\01-0610 TPM30468 Temecula Creek Village"tPC Staff Report 01-29-03 - Condo Map.doc ATTACHMENT NO. 5 EXHIBITS R:~P M~2001~01-0610 TPM30468 Temecula Creek Village~PC Staff Report 01-29-03 - Condo Map,doc 46 CITY OF TEMECULA S CASE NO. - PA02-0667 EXHIBIT 5A - VICINITY MAP PLANNING COMMISSION DATE - JANUARY 29, 2003 R:~P M~2001\01-0610 TPM30468 Temecula Creek Viitage~PC Staff Report 01-29-03 - Condo Map.doc CITY OF TEMECULA ~ EXHIBIT 5B - ZONING MAP DESIGNATION - PDO 4 I n'l Temec_creek_viLshp :[:::::] Citypm'celsl.shp ,~V' Clty_streetst.shp ' Gen..plan_city1 .shp BP CC H HR I-ITC L LM M NC OS Pi PO SC ).000000' O0000'C'O0 EXHIBIT 5C - GENERAL PLAN :)ESIGNATION - PROFESSIONAL OFFICE CASE NO. - PA02-0667 PLANNING COMMISSION DATE - JANUARY 29, 2003 R:'~P M~2001~01-0610 TPM30468 Temecula Creek Village\PC Staff Report 01-29-03 - Condo Map.doc ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 29, 2003 Planning Application No. 03-023, Bel Villaggio (Substantial Conformance) Prepared by: Saied Naaseh, Senior Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission continue this item for redesign. APPLICATION INFORMATION APPLICANT: Vondana Kelkar MCA Architects Inc. 1247 Pomona Road, Suite 105 Corona, CA 92882 PROPOSAL: A Development Plan for a Substantial Conformance to Planning Application 00-0213 for the Bel Villaggio project that includes changes to the square footages and the elevations of buildings L, M, N, and O, changing the location of Building O, and changing the exterior material for the trim above the windows for existing and future buildings. LOCATION: Southwest corner of Margarita Road and North General Kearney Road (APN 921-09-71,72, and 78) EXISTING ZONING: Specific Plan (SP) SURROUNDING ZONING: North: Specific Plan (SP) South: Specific Plan (SP) East: Specific Plan (SP) West: Specific Plan (SP) GENERAL PLAN DESIGNATION: Community Commercial (CC) and Professional Office (PO) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Bel Villaggio South: Costco East: Mall West: Margarita Road R:\SUB CONFORMANCE%?.003~03-023, Bel Vellagio Elevation Revisions~Staff Report 1-29-03.doc 1 BACKGROUND The Planning Commission approved the Bel Villaggio retail center on January 31,2001. Since then, construction has started on Buildings B, E, and J and are close to completion. No Certificate of Occupancies have been issued for these buildings yet. PROJECT DESCRIPTION The applicant is proposing the following changes to the approved plans: Chan.qes to Square foota.qes The square footages of Buildings L, M, N, and O are proposed to be changed in accordance with the following table: Approved Proposed Difference L 18,000 20,000 +2,000 M 10,625 7,046 -3,579 N 6,800 6,158 -642 O 4,200 6,028 +1,828 Total for Center 116,625 116,625 0 Chan.qes to the Elevations The following components of the elevations for the center are proposed to be changed: · Building L's main tower element has been made shallower, the towers for Buildings M and N have been modified, and the tile roofs in the front and rear of the building have been eliminated. · The cornices for Building L are larger and more pronounced. · Building L includes recessed lighted areas. · Small raised planters have been added to the front of the Building L. The small tile accents on the elevations have been eliminated for building L. · Blue awnings are proposed instead of teal and burgundy for Buildings L, M, N, and O. · Building O has new elevations. Changes to the Exterior Accent and Trim Materials and Colors · A new exterior accent color is proposed for the rear and sides of the buildings in the center. · The material for the trim above the windows for the entire Bel Villaggio project is proposed to be changed from stone veneer to painted concrete. Chanqes to the Location of Building O The location of Building O is proposed to be changed from along the Loop Road to adjacent to the RCWD well site. R:~SUB CONFORMANCE~2003~03q323, Bel Vellagio Elevation Revisions\Staff Report 1-29-03,doc 2 ANALYSIS Changes to Square foota.qes Since the total square footage of the center has not increased, staff supports these changes to the plans. In fact, it is not unusual for retail centem such as Bel Villaggio to adjust the square footages of their buildings between the planning approval and construction of the site. Chan.qes to the Elevations The applicant is proposing changes to the elevations of Building L to comply with the corporate requirements of Ethan Allen. It is staff's position that corporate identity should not substantially alter the amhitectural theme of a center or a building. Staff has advised the applicant to revise the initial elevations to help retain the architectural continuity of the center. However, the applicant has elected to forward their proposed plans to the Planning Commission as submitted. The following are our recommendations: · Changes to Building L, M, and N tower elements. Staff feels that the towers are one of the basic architectural elements of the center. Eliminating the tile roof or reducing its size is detrimental to the architectural integrity of the entire center. Therefore, staff is recommending that the towers be restored to their originally approved configurations. · The cornices for Building L are larger and more pronounced. In this case, the cornices can be considered an architectural accent. The applicant is only proposing these larger cornices on Building L However, staff recommends that this element be extended to Buildings M, N, and O. To create a cohesive theme among these buildings and at the same time distinguish it from the rest of the center. · Building L includes recessed lighted areas. This feature is minor enough that staff would recommend keeping it just for Building L. This feature can by itself distinguish Building L from Buildings M, N, O and the rest of the center. Small raised planters have been added to the front of the Building L. The small raised planters further distinguish Building L from the rest of the center including Buildings M, N, and O. Staff considers these planters to be minor features of this Building. · The tile accents on the elevations have been eliminated for Building L. The small accent tiles are also considered by staff to be architectural accents. Since the proposed blue colors of the awnings are not consistent with teal and burgundy colors of the small accent tiles and blue accent tiles would not be appropriate, staff is recommending eliminating the small accent tiles on Buildings M, N, and O to make them consistent with Building L. R:\SUB CONFORMANCE~2003~03-023, Bel Vellagio Elevation Revisions~taff Report 1-29-03.doc 3 · The blue awnings proposed instead of the approved teal and burgundy. Again, staff is considering awnings to be the accent element unique to Building L, M, N, and O and distinguishes these buildings from the rest of the center. The approved teal and burgundy awnings were color coded with the accent tiles on the buildings. However, Building L has eliminated the small accent tiles and the Buildings M, N, and O still have teal and burgundy small accent tiles. Staff is recommending approval of this color change. · The new elevations for Building O The proposed elevations are an improvement to the previously approved elevations and consistent with the architectural theme of Building K. Staff is supportive of the proposed change. Changes to Accent and Trim Exterior Materials and Colors · A new exterior accent color is proposed This new color is proposed for the rear and sides of the buildings in the center. Staff has requested this change to provide more dimension and contrast to the architectural features of the buildings. Staff is recommending approval of this new color. · The material for the trim above the windows is proposed to be changed The material for the trim above the windows for the entire Bel Villaggio project is proposed to be changed from stone veneer to painted concrete. Buildings B, E, and F have already been constructed with the painted concrete which was not an approved material. At this time, it would be difficult to change these features to the approved material. Staff does not support the change in materials. Chanqes to the Location of Buildinq O The location of Building O is proposed to be changed from along the Loop Road to adjacent to the RCWD well site. This change is a positive change since Building O will now block the RCWD Well Site from the interior of the center. Staff is recommending approval of this change. ENVIRONMENTAL DETERMINATION This project is within the Temecula Regional Center Specific Plan No. 263 for which an Environmental Impact Report (EIR) was prepared and certified. Under California Environmental Quality Act (CEQA) Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) this project is exempt. Section 15162 applies when an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. The affected area of the site development meets the criteria noted by developing consistent with the Temecula Regional Center Specific Plan No. 263 land uses which anticipated retail and office uses. Therefore, the proposed project is eligible for a CEQA exemption pursuant to Section 15162 of the CEQA Guidelines. R:~SUB CONFORMANCES2.003\03-023, Bel Veilagio Elevation Revisions\Staff Report 1-29-03.doc 4 SUMMARY/CONCLUSIONS Staff is recommending continuing this item for redesign. The following is a summary of staffs concerns and recommendations: Proposed Changes Recommend Recommend Approval Redesign Changes to square footages of the Buildings L, M, N, and O X Modification to the size and design of the Building L's front and rear tower elements and Building M's and N's front towers X Enlargement of the cornices for Building L X Note: As long as the cornices for Buildings M, N, and O are also changed Addition of recessed light areas for Building L X Addition of small raised planters to the front of the Building I X Elimination of the small tile accents on the elevations of Building LX Note: As long as the tile accents to the tile accents for Buildings M, N, and O are also eliminated Modification of awning colors from burgundy and teal to blue X Modification of awning colors X New elevations for Building O X Modification to the accent colors for the entire center X Modifications to the exterior trim materials for the entire center X Modification to the location of Building O X Attachments: Exhibits - Blue Page 6 B. C. D. E. F. G. H. J. K. Vicinity Map Proposed Site Plan Proposed Buildings L, M and N Elevations Proposed Building O Elevations Proposed Buildings L, M and N Floor Plans Proposed Building O Floor Plan Approved Site Plan Approved Buildings L, M and N Elevations Approved Building O Elevations Approved Buildings L, M and N Floor Plans Approved Building O Floor Plan R:\SUR CONFORMANCES003\03-023, Bel Vellagio Elevation Revisions\Staff Report 1-29-03.doc 5 ATTACHMENT NO. 1 EXHIBITS R:~SUB CONFORMANCE~003~03-023, Bel Vellagio Elevation Revisions\Staff Report 1-29-03.doc 6 CITY OF TEMECULA CASE NO. - PA03-023 EXHIBIT - A PLANNING COMMISSION DATE - JANUARY 29, 2003 VICINITY MAP R:\SUB CONFORMANCES_003\03-023, Bel Vellagio Elevation Revisions\Staff Report 1-29-03.doc 7 CITY OF TEMECULA / CASE NO. - PA03-023 EXHIBIT- B PLANNING COMMISSION DATE - JANUARY 29, 2003 R-~SUB CONFORMANCES2003\03-023, Bel Vetiagio Elevation Revisions\Staff Repor~ 1-29-03.doc 8 PROPOSED SITE PLAN ClTY OFTEMECULA z CASE NO. - PA03-023 PROPOSED BUILDINGS L, M, AND N ELEVATIONS EXHIBIT - C PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\SUB CONFORMANCE~2003~03*023, Bel Vellagio Elevation Revisions~t~fl Reporl 1-29-03.doc CITY OF TEMECULA CASE NO. - PA03-023 EXHIBIT - D PROPOSED BUILDING O ELEVATIONS PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\SUB CONFORMANCES003\03-023, Bel Vel[agio Elevation Revisions\Staff Report 1-29-03.doc 10 CITY OF TEMECULA L CASE NO. - PA03-023 EXHIBIT - E PROPOSED BUILDING L, M, AND N FLOOR PLANS PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\SUB CONFORMANCES2003\03-023, Bel Vellagio Elevation Revisions\Staff Report 1-29-03.doc 11 ClTY OFTEMECULA CASE NO. - PA03-023 EXHIBIT - F PLANNING COMMISSION DATE - JANUARY 29, 2003 PROPOSED BUILDING O FLOOR PLAN R:'~SUB CONFORMANCES003\03-023, Bel Veltagio Elevation Revisions\Staff Report 1-29-03.doc CITY OF TEMECULA 3 il Il CASE NO. - PA03-023 EXHIBIT - G PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\SUB CONFORMANCES003\03-023, Bet Vellagio Elevation Revisions\Staff Repor~ 1-29-03.doc 13 APPROVED $1'I'E PLAN CITY OF TEMECULA CASE NO. - PA03-023 EXHIBIT - H APPROVED BUILDINGS L, M, AND N ELEVATIONS PLANNING COMMISSION DATE - JANUARY 29, 2003 R:\SUB CONFORMANCE'G.003\03-023, Bet Vellagio Elevation Revisions~Staff Report 1-29-03.doc CITY OF TEMECULA CASE NO. - PA03-023 EXHIBIT - I PLANNING COMMISSION DATE - JANUARY 29, 2003 APPROVED BUILDING O ELEVATIONS R:\SUB CONFORMANCE~003~03-023, Bel Vellagio Elevation Revisions~Staff Report 1-29-03.doc 15 CITY OF TEMECULA CASE NO. - PA03-023 EXHIBIT - J APPROVED BUILDINGS L,M, AND N FLOOR PLANS PLANNING COMMISSION DATE - JANUARY 29, 2003 R:~SUB CONFORMANCE~2003~03-023, Bel Vellagio Elevation Revisions\Staff Reporl 1-29-03.doc CiTY OF TEMECULA CASE NO. - PA03-023 EXHIBIT - K PLANNING COMMISSION DATE - JANUARY 29, 2003 APPROVED BUILDING O FLOOR PLAN R:',SUB CONFORMANCES003\03-023, Bel Vellagio Elevation Revisions\Staff Report 1-29-03.doc 17 ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 29, 2003 Planning Application No. 02-0567 (Finding of Public Convenience or Necessity and Minor Conditional Use Permit) Prepared By: Rick Rush, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No. 02- 0567 (Public Convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects Which Are Disapproved). 2. ADOPT a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES) FOR THE EDGE NIGHTCLUB LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003. 3. ADOPT a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0567 A MINOR CONDITIONAL USE PERMIT TO OPERATE A NIGHTCLUB TO INCLUDE A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES), LIVE MUSIC, DANCING, AND OTHER ENTERTAINMENT USES IN AN EXISTING 4,860 SQUARE FOOT BUILDING LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003. R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.dcc 1 APPLICATION INFORMATION: APPLICANT Ronald M. Hanna Edge Nightclub 28822 Old Town Front Street, Suite No. 203 Temecula CA 92590 PROPOSAL: A request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to operate a nightclub to include a type 48 liquor license, live music, dancing, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existing building. LOCATION: Located at 28822 Old Town Front Street and known as Assessor's Parcel No. 921-310-022. GENERAL PLAN DESIGNATION: (SC) Service Commercial EXISTING ZONING: (SC) Service Commercial SURROUNDING ZONING: North: (SC) Service Commercial South: (SC) Service Commercial East: (VL) Very Low Density/interstate 15 West: (SC) (Service Commercial) EXISTING LAND USE: Service Commercial SURROUNDING LAND USES: North: Commercial South: Commemial East: Residential/Interstate 15 West: Vacant BACKGROUND: As background, on October 16, 1997, Planning Application 97-0279 was approved by the Director of Planning, which permitted the operation of a nightclub with dancing, live entertainment, a disc jockey and the on-site consumption of alcohol at 28822 Old Town Front Street. The operation that was associated with this conditional use permit was terminated on May 10, 1999, per a License Action Request to the Department of Alcoholic Beverage Control signed by the owner of record Lee J. Cornwell (see attached). According to Section 17.04.010G of the Development Code, if the use is discontinued for more than a three-year period, the conditional use permit shall be deemed abandoned. On May 10, 2002, the Director of Planning deemed Planning Application 97-0279 to be abandoned. On October 16, 2002, the applicant Ronald M. Hannah, submitted an application for a Minor Conditional Use Permit to operate a nightclub at 28822 Old Town Front Street. As a part of this application, the applicant has indicated in a statement of operations (see attachment) that the Edge Nightclub intends to apply for a Type 48 Liquor License (On-Sale General-Public Premises) with the Department of Alcohol Beverage Control. However, the Department of R:\M C U P~002\02-0567 Edge Nightclub\Staff Report,doc 2 Alcohol Beverage Control has informed staff that they have not yet received a formal application. PROJECT DESCRIPTION: Planning Application 02-0567 is a request for a finding of Public Convenience or Necessity and a Minor Conditional Use Permit to operate a nightclub to include a type 48 liquor license, live music, dancing, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existing building. The hours of operation are as follows: · 8:00 AM to 5:00 PM Monday through Friday-regular business hours (Office Hours) · 6:00 PM to 2:00 AM seven days a week - (Entertainment-full bar) The site currently has 120 parking spaces available for the Edge Nightclub to utilize during the hours of 6:00 PM to 2:00 AM according to the site plan and a signed lease agreement. The signed lease agreement states that the parking for the tenant shall be on an as-needed basis. The nightclub use is the only business in the existing center that operates during the early to late evening hours. ANALYSIS: Findinqs of Public Convenience or Necessity Based on a determination of the Department of Alcohol Beverage Control (ABC), there is currently an over concentration of "on-sale" licenses within Census Tract No. 432.15 in which the applicant's business is located. ABC has determined that there are currently 46 "on sale" licenses in the subject census tract with only 3 licenses allowed. Planning staff has determined that 14 of the 48 "on sale" licenses in Census Tract NO. 432.15 have been issued after October 17, 1997, the date in which the previous Minor Conditional Use Permit was granted. Staff's research also indicated that 13 of the 14 "on sale" licenses issued by ABC were for "bona fide eating places." The Department of Alcohol Beverage Control made the required public convenience or necessity findings for the 13 "bona fide eating places." The Planning Commission made the required public convenience or necessity findings for the High Society Billiard and Dart Club (PA99-0113), which is one of the recently issued "on sale" licenses. The application for the High Society Billiard and Dart Club was for the relocation of an existing license. Staff cannot make eight of the ten required findings for a public convenience or necessity in regards to the request for a Type 48 Liquor License (On-Sale General-Public Premises). The Planning Commission has developed criteria that must be met in order to justify a finding of Public Convenience or Necessity. These criteria and staff's responses are as follows: Criteria to Justify Makinq a Findinq of Public Convenience or Necessity Q: Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services) ? R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.doc 3 A: Q: A: Q: A: A: A: Q: A: The application meets this criteria. In the statement of operations the applicant has stated, "the scope of the proposed project will encompass musical groups, comedians, disc jockeys, karaoke, magicians, spoken word artists, and other culturally diverse artistic presentations." These are types of entertainment that are not currently provided in other similar establishments. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? The application does not meet this criteria. The Edge Nightclub is expected to serve all socio-economic classes. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area ? The application does not meet this criteria. Sales are anticipated to be typical of nightclub operations. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? The application does not meet this criteria. An existing nightclub, the Stampede, is located less than one mile away from the proposed Edge Nightclub. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? The application does not meet this criteria. Population in the area is expected to be seasonally stable. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? According to the Department of Alcohol Beverage Control there is currently an over concentration of (43) on-sale licenses within the subject Census Tract (432.15). Specifically ABC has determined there are currently (46) on-sale licenses with only 3 allowed. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? Currently two churches are located within the 500 feet of the proposed site. Would the proposed establishment interfere with these sensitive uses? The proposed establishment could possibly interfere with the two chumhes. Both churches are currently conditionally permitted to hold bible studies on Wednesday evenings as late as 9:00 PM. The proposed establishment is requesting to be open on Wednesday nights from 6:00 PM until 2:00 AM. R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.doc 4 Q: Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? A: The proposed establishment could potentially generate noise pollution that would affect the residents to the east across the freeway. Should this occur the City would pursue the noise as a part of its nuisance abatement procedures. Q: Will the proposed establishment add to law enforcement problems in the area ? A: The applicant in his statement of operations stated that the Edge Nightclub would implement a designated driver program, would provide alcoholic beverage training for staff and would work closely with law enforcement and city government to ensure a safe secure environment and positive implementation for this phase of the business. Minor Conditional Use Permit The Development Code (Section 17.08.050G1) states, "all business or establishments offering the sale of alcoholic beverages, except the incidental sale of beer and wine at a restaurant, shall require the appropriate license from the state of California and the city and be subject to a conditional use permit." The applicant has filed an application for a Minor Conditional Use Permit, which is the appropriate application for the operation of nightclub in the Service Commercial zoning district. In a letter dated January 8, 2003 (see attached), Mr. Jim Wiggins from the Department of Alcoholic Beverage Control states that there are no applications on file with his department for 28822 Old Town Front Street-The Edge Nightclub. Once the Department of Alcoholic Beverage Control receives an active application for the above stated address, their Departmental policy would be to give the applicant a Zoning Affidavit Form (see attached) to be filled out by the City of Temecula. In the General Information section of the Zoning Affidavit Form it states, 'q'he ABC district office will not make a final recommendation on your license application until after the local CUP review process has been completed. If the local government denies the CUP, ABC must deny your license application." The proposed site is located within 500 feet of two separate existing church facilities. Both of these church facilities have been recently granted a Minor Conditional Use Permit by the Director of Planning. The Truevine Pentecostal Church located at 28780 Old Town Front Street was approved at a Director's Hearing on August 22, 2002 (PA02-0297). The Christian Science Society located at 28900 Old Town Front Street was approved at Director's Hearing on January 16, 2003 (PA02-0609). According tothe Development Code (section 17.08.050G3) businesses that sell alcoholic beverages shall not be located within 500 feet of any religious institutions. The proposed site plan indicates that there will be 120 parking spaces available for the Edge Nightclub. The proposed parking does not meet the off-street parking requirements as stated in the Development Code (Section 17.24.040). The stated parking requirement for a club is 1 space per 33 square feet of gross assembly floor area. Staff has utilized the floor plan provided by the applicant and has determined that there is 4,636 square feet of gross assembly floor area. The required off-site parking for the Edge Nightclub is 140 parking spaces. Staff, in reviewing the proposed Minor Conditional Use Permit, has determined that the proposed Minor Conditional Use Permit application is not consistent with the Development Code. Staff cannot make the required findings necessary to recommend approval of the project. R:\M C U P~002\02-0567 Edge Nightclub\Staff Report.doc 5 However, the applicant has the potential to apply and receive a Minor Conditional Use Permit to operate a Teen Club. SUMMARY: Findin,qs of Public Convenience or Necessity In summary, in reviewing the Public Convenience or Necessity, eight out of ten (10) findings analyzed by staff do not meet the criteria. The general areas of deficiency are related to over concentration and siting near sensitive uses. Unless the findings for Public Convenience or Necessity can be made, the Planning Commission must also deny the associated Minor Conditional Use Permit. The following findings for a Minor Conditional Use Permit cannot not be made: Minor Conditional Use Permit (Chapter 17.04.010.E.1 ) The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and staff has determined that the proposed project is not consistent with the goals and policies contained within the General Plan and regulations within the Development Code. The Development Code does not permit businesses selling alcoholic beverages to be located within 500 feet of religious institutions. Two religious institutions are located within 500 feet of the proposed use. These churches did not exist at the time of the previous granting of the CUP for this project. The proposed project does not meet the parking requirements as stated in Section 17.24.040 of the Development Code. The required parking for a club with 4,636 square feet of gross assembly floor area is 140 off-street parking spaces. The proposed project is providing 120 off-street parking spaces. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed Minor Conditional Use Permit has the potential to adversely affect the adjacent uses, buildings or structures. The proposed use does not meet the off-street parking requirements; overflow parking from the proposed use has the potential to directly affect the adjacent properties. If there are not enough parking spaces available on site, patrons of the proposed use may park at the adjacent properties without the consent of the property owners. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general welfare of the community in that the project would aggravate an already over concentrated situation. R:",M C U I:A2002~02-0567 Edge Nightclub\Staff Report.doc 6 RECOMMENDATION: Planning staff recommends that the Planning Commission deny Planning Application 02-0567, a request to make a finding of Public Convenience or Necessity and a Minor Conditional Use Permit based on the information provided by the Alcohol Beverage Control Board and the findings of staff. A'i'rACHMENTS: 1. PC Resolution of Denial for the request of Public Convenience or Necessity - Blue Page 8 2. PC Resolution of Denial for a Minor Conditional Use Permit - Blue Page 12 3. Exhibits - Blue Page 16 A. Vicinity Map B. 2000 Census Tract Map C. Site Plan D. Floor Plan E. 500 foot Radius Map 4. License Action Request Letter to the Department of Alcoholic Beverage Control - Blue Page 22 5. Statement of Operations- Blue Page 23 6. January 8, 2003, letter from Jim Wiggins- Blue Page 24 7. ABC Zoning Affidavit - Blue Page 25 8. ABC FAX regarding Over Concentration - Blue Page 26 9. Census Tract information - Blue Page 27 10. Applicant's Letter of Justification - Blue 28 R:~vl C U P~002\02-0567 Edge Nightclub\Staff Report.doc 7 ATTACHMENT NO. 1 PLANNING COMMISSION RESOLUTION OF DENIAL 2003- FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY R:\M C U P~002\02-0567 Edge Nightclub\Staff Report.doc 8 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES) FOR THE EDGE NIGHTCLUB LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003. WHEREAS, Ronald M. Hanna, filed a request for a Finding of Public Convenience or Necessity, in accordance with the City of Temecula General Plan and Development Code; and 'WHEREAS, the request for a Finding of Public Convenience or Necessity was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 29, 2003 to consider the application; and WHEREAS, the Planning Commission considered the request for a Finding of Public Convenience or Necessity 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; and WHEREAS, at the conclusion of the Planning Commission and after due consideration of the staff report and public testimony, the Planning Commission denied the request for a Finding Public Convenience or Necessity; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying the request for a Finding Public Convenience or Necessity hereby makes the following findings: Criteria to Justify Makin,q a Findinq of Public Convenience or Necessity Q: Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? A; The application meets this criteria. In the statement of operations the applicant has stated, '~he scope of the proposed project will encompass musical groups, comedians, disc jockeys, karaoke, magicians, spoken word artists, and other culturally diverse R:\M C U P~002\02-0567 Edge Nightclub\Staff Report.doc 9 Q: A: Q: A: A: Q: A: Q: A: Q: A; Q: A: Q: artistic presentations." These are types of entertainment that are not currently provided in other similar establishments. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class) ? The application does not meet this criteria. The Edge Nightclub is expected to serve all socio-economic classes. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? The application does not meet this criteria. Sales are anticipated to be typical of nightclub operations. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? The application does not meet this criteria. An existing nightclub, the Stampede, is located less than one mile away from the proposed Edge Nightclub. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? The application does not meet this criteria. Population in the area is expected to be seasonally stable. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? According to the Department of Alcohol Beverage Control there is currently an over concentration of (43) on-sale licenses within the subject Census Tract (432.15). Specifically ABC has determined there are currently (46) on-sale licenses with only 3 allowed. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? Currently two churches are located within the 500 feet of the proposed site. Would the proposed establishment interfere with these sensitive uses? The proposed establishment could possibly interfere with the two churches. Both churches are currently conditionally permitted to hold bible studies on Wednesday evenings as late as 9:00 PM. The proposed establishment is requesting to be open on Wednesday nights from 6:00 PM until 2:00 AM. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? R:\M C U P',2002\02-0567 Edge Nightclub\Staff Report.doc 10 A: The proposed establishment could potentially generate noise pollution that would affect the residents to the east across the freeway. Should this occur the City would pursue the noise as a part of its nuisance abatement procedures. Q: Will the proposed establishment add to/aw enforcement problems in the area? A: The applicant in his statement of operations stated that the Edge Nightclub would implement a designated driver program, would provide alcoholic beverage training for staff and would work closely with law enforcement and city government to ensure a safe secure environment and positive implementation for this phase of the business. Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0567 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are Disapproved). This section applies when a public agency rejects or disapproves the proposed project Section 4. PASSED, DENIED AND ADOPTED by the City of Temecula Planning Commission this 29th day of January 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) )ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-__ was duly and regularly adopted by the Planning Commission of th the City of Temecula at a regular meeting thereof held on the 29 day of January, 2003, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.dcc 11 A'I'rACHMENT NO. 2 PLANNING COMMISSION RESOLUTION OF DENIAL 2003- FOR A MINOR CONDITIONAL USE PERMIT R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.dcc ' ' 12 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. 02-0567 A MINOR CONDITIONAL USE PERMIT TO OPERATE A NIGHTCLUB TO INCLUDE A TYPE 48 LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES), LIVE MUSIC, DANCING, AND OTHER ENTERTAINMENT USES IN AN EXISTING 4,860 SQUARE FOOT BUILDING LOCATED AT 28822 OLD TOWN FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S PARCEL NO. APN 922-093-003. WHEREAS, Ronald M. Hanna, filed Planning Application No. 02-0567, in accordance with the City of Temecula General Plan and Development Code; and WHEREAS, Planning Application No.02-0567 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Commission held a duly noticed 3ublic hearing on January 29, 2003 to consider the application; and WHEREAS, the Planning Commission considered Planning Application 02-0567 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; and WHEREAS, at the conclusion of the Planning Commission and after due consideration of the staff report and public testimony, the Planning Commission denied the request for a Minor Conditional Use Permit; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findin.qs. The Planning Commission, in denying the request for a Minor Conditional Use Permit hereby makes the following findings: 1. The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and staff has determined that the proposed project is not consistent with the goals and policies contained within the General Plan and regulations within the Development Code. The Development Code does not permit businesses selling alcoholic beverages to be located within 500 feet of religious institutions. Two religious institutions are located within 500 feet of the proposed use. These churches did not exist at the time of the previous granting of the CUP for this project. The proposed project does not meet the parking R:\M C U P~002~02-0567 Edge Nightclub\Staff Report.doc 13 requirements as stated in Section 17.24.040 of the Development Code. The required parking for a club with 4,636 square feet of gross assembly floor area is 140 off-street parking spaces. The proposed project is providing 120 off-street parking spaces. 2. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed Minor Conditional Use Permit has the potential to adversely affect the adjacent uses, buildings or structures. The proposed use does not meet the off-street parking requirements; overflow parking from the proposed use has the potential to directly affect the adjacent properties. If there are not enough parking spaces available on site, patrons of the proposed use may park at the adjacent properties without the consent of the property owners. 3. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general welfare of the community in that the project would aggravate an already over concentrated situation. Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0567 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are Disapproved). This section applies when a public agency rejects or disapproves the proposed project Section 4. PASSED, DENIED AND ADOPTED by the City of Temecula Planning Commission this 29th day of January 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:\M C U P~.002~02-0567 Edge Nightclub\Staff Report.dcc 14 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-__ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 29th day of January, 2003, by the following vote: AYES: 0 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:'WI C U P~2002\02-0567 Edge Nightclub\Staff Report,dcc 15 ATTACHMENT NO. 3 EXHIBITS R:'~t C U P~002\02-0567 Edge Nightclub\Staff Report.doc 16 CITY OF TEMECULA ect Site PLANNING APPLICATION NO. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) EXHIBIT A PLANNING COMMISSION DATE -January 29, 2003 VICINITY MAP R:\M C U P~002\02-0567 Edge Nightclub\Staff Report.doc 17 ClTY OFTEMECULA 2000 Census Tract Boundaries November 12, 2002 PLANNING APPLICATION NO. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) EXHIBIT B PLANNING COMMISSION DATE -January 29, 2003 2000 CENSUS TRACT MAP R:\M C U P~002~02-0567 Edge Nightclub\Staff Report.doc CITY OF TEMECULA Zoning: MSC(O~'~ce, Re~'landlndus~alUses) Pm~ctAm~ Build'ragA l~,050sq~a~e~ Suit= Siz= Divf.~ to 1,300 square fret Parkins: 120Spa:es ~' I~ldingB l$,660sq~refee~n'~tflom 7,830 ~ ~ feet of ~zz.~ne Divis~k~ to TS0 .=~, ,~'~ feet PLANNING APPLICATION NO. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) EXHIBIT C PLANNING COMMISSION DATE -January 29, 2003 SITE PLAN R:~vl C U P~002\02-0567 Edge Nightclub\Staff Report.doc 19 CITY OF TEMECULA Bc -t o5 PLANNING APPLICATION NO. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) EXHIBIT D PLANNING COMMISSION DATE - January 29, 2003 FLOOR PLAN R:~VI C U P~2002\02-0567 Edge Nightclub\Staff Report.doc CITY OF TEMECULA Edge Night Club With 500 ft. Radius p January 16, 2003 N ~ c~y PLANNING APPLICATION NO. 02-0567 (Public Convenience or Necessity and Minor Conditional Use Permit) EXHIBIT E PLANNING COMMISSION DATE - January 29, 2003 500 FOOT RADIUS MAP R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.dcc 21 ATTACHMENT NO. 4 LICENSE ACTION REQUEST LETTER TO THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL R:~/I C U P~2002\02-0567 Edge Nightclub\Staff Report.doc 22 ~eo~,cT-15-2002 10:10 ABC RIVERSIDE ~ 7B10S31 P.02 alifomia Department of PJcoh01ic Beverage Control UCENSE ACTION REQUEST~'-/ Read instructions on reverse before completing. SECTION 1 ~ Rh'q'~tP~T.ql~' *mC CLUB OD~SSI~ I~.vF, RSXDE 28822 FR01Tr EUxat~r l~s.;t' 203 & 20~ 7. MNMNQ ADOF#~$ 27..~~. RALGL'I'UOpd~ DRZV]~ SEOTION 2 HU~]~'I'EI'A CA 02563 CANCELLATION I voluntarily cancel my license because I am no longer in business. I understand my Ucense cannot be reactivated or reinstated. ~..~--".lmmediately Z Upon issuance of SECTION 3 SURRENDER-R~e65 L.~ other, I voluntarily surrender my license for a ported of not more than one year, I intend to ~ Transfer ;~ Reactivate the liccnsc. I undc~tand that (a) thc liccn,sc must be renewed at the time renewal fce~ arc due or thc license will be automatically canceled; (b) ibc Department will pr0cced to cancel my llccnse after one year if not transferred or reactivated; and (c) ! must report any change in my mailing address to the Departmem. :.'~mmedfately . ~Upon issuance of I-'~ Sun'ender by ~'~ Premises abandoned Department SECTION 4 SURRENDER OF PRIVILEGES FOR A SPECIAL EVENT 19. DA'I~ TO BE SURRIENOERED ~9. PEPJOOOF SUR~ENnER ~/PM m SECTION 5 a[~~T FOR R~URN OF SURRENDERED LIC~SE ~quest thc retu~ of thc S~n~ h~sc ~cn~d a~vo, - .... I d~l~ und~ ~nalty e h~ ~n no chang~ in ownemMp of ~ho hcens~ business, and thc premises possess thc same qualilications r~uirrxl for the original issuance of the license. t& 0!icRil, ,r, irf Beverage Control . I ABC USE ONLY ---Letter attached requesting surrender, cancellation or return ' ' '~,'~T~'~JCENSENEEDEO 27. D~TESlGI~E0 AM/PM L.--~ Accusation ponding (Send copy of ABC-231for cancellations W HQ '.H&L if accusation pending.) Distribution: Section 2: Original to HQ l ic; copy to D~trict fil¢ Section 3: Original to HQ Lic; copy to Dixtrict file; copy to su. rpeme fde Section 4: Original to Disrrict flle Section 5: Original + I copy to HQ Lic; copy to Distdct file ATTACHMENT NO. 5 STATEMENT OF OPERATIONS R:\M C U P~2002~02-0567 Edge Nightclub\Staff Report.doc 23 STATEMENT OF OPERATIONS The Edge (Entertainment) will operate a venue that will feature a variety of visual and performing arts as well as recorded audiovisual entertainment. The scope of the proposed project will encompass musical groups, comedians, disc jockeys, karaoke, magicians, spoken word (poetry) artists, and other culturally diverse artistic presentations. The Edge will also feature dancing as part of its activities and entertainment calendar. The target audience for this venue will be twenty-one years of age (and older) with a concentration on the thirty to fifty year of age clientele. One evening per week may be scheduled to provide the same quality entertainment to younger members of the community. Strict'standards and policies have been drafted and will be implemented to address concerns that may arise when any one of the targeted demographic groups is in attendance at any one of the proposed events. These will ioclude, but are not limited to, a strict dress code, checking for signs of possible controlled substance use and weapon concealment prior to entering the establishment. The Edge will implement and enforce a "no tolerance" policy. Our corporation's goal is to operate an upscal~ entertainment venue where people of the City of Temecula and surrounding communities may attend artistic and interactive events in a positive, fun, and safe atmosphere. The hours and days of operation will remain flexible to accommodate the varying activities and entertainment scheduled during the week. Our regular business (no entertainment) hours will be from 8:00 A.M. to 5:00 P.M. Monday through Friday. Early hours are necessary for functions such as the. Rotary Sunrise Breakfast, which starts at 6:30 in the morning. Therefore, 6:00 A.M. to 8:00 A.M. Monday through Saturday will be made available to any community group who may have the need for such hours. All entertainment events will be scheduled Sunday through Saturday from 6:00 P.M. to 2:00 A.M. Our corporation will exercise the option of operating The Edge seven days a week to allow flexibility in scheduling any special event such as musical recitals, non-profit organization benefits, or wedding receptions. The number of employees will vary depending on the event. Regular public functions will have a minimum of 15 employees on duty. The majority of these employees are security specialists. We will maintain a well trained, positively motivated, and customer service oriented security team. Our goal is to be proactive in conflict management and resolution. The innovative and unique approach to broadcast live images from the venue through the Internet will aid local authorities and other concerned parties in monitoring any scheduled public event. Our establishment meets and exceeds the number of parking spaces (43) required by the City of Temecula per Section 17.24.040 of the Development Code. We offer one 120 spaces during peak hours of operation. We also offer two well-marked handicap-parking spaces directly in front of our venue. The Edge offers a state of the art audiovisual system, which will facilitate full implementation of the proposed activities and entertainment calendar. The establishment will also provide its patrons with an upscale experience in a safe setting. Our corporation will strive to make The Edge a positive force in the community. THE MISSION OF THI*~ EDGE (ENTERTAINMENT) in partnership with its employees is to provide high-quality entertainment and services and be a positive force in the community and in the visual and perforating arts industry, provide a neat, dean, safe, secure, and orderly environment where patrons can enjoy interactive and artistic presentations. STATEMENT OF OPERATIONS ADEND UM A In addition to the fine entertainment venue that The Edge will establish we will further enhance our appeal and services by offering food and liquor sales (full liquor-48 license) by the fall of 2002. We will at that time implement the L.E.A.D program sponsored through the Alcoholic Beverage Control Board (ABC). Additionally our staff will be trained to be responsible servers of alcoholic beverages. We will also have a designated driver program in place to coincide with the issuance of the liquor license. We will work closely with law enforcement and city government to ensure a safe and secure environment and positive implementation for this phase of the business. MISSION STATEMENT Tl~E MISSION OF ~ EDGE (ENTERTAINMENT) in partnership with its employees is to provide high-quality entertainment and services and be a positive force in the community and in the visual and performing arts industry, provide a neat; clean, safe, secure, and orderly environment where patrons can enjoy interactive and artistic presentations. OBJECTIVE NUMBER ONE 100% OF OUR STAFF WILL BE TRAINED IN CUSTOMER SENSITIVITY AND SERVICE WE WILL D.EVELOP AND IMPLEMENT A CUSTOMER SENSITIVITY AND SERVICE TRAINING PLAN TO INCLUDE, BUT NOT LIMITED TO: STANDARDS ASSESSMENT OBJECTIVE NUMBER TWO 100% OF OUR STAFF WILL MEET THE REQ,UIREMENTS TO BE PROMOTED TO THE NEXT LEVEL WITHIN THEIR CHOSEN POSITION (OR A DIFFERENT POSITION) AND SUCCESSFULLY MEET INDIVIDUAL EDUCATION PROGRAM (IEP) · WE WILL ESTABLISH AN EARLY DETECTION OR IDENTIFICATION PROCESS FOR AT-RISK EMPLOYEES WE WILL ESTABLISH CRITERIA FOR IDENTIFYING AT-RISK EMPLOYEES · WE WILL ESTABLISH CRITERIA FOR PROMOTIONS WE WILL DEVELOP POLICY AND PROCEDURES UTILIZING "BEST PRACTICES" THAT ENCOURAGES AND INCREASES EMPLOYEE ACI-rlg~VEMENT AND PRODUCTIVITY WE WILL DEVELOP A MORE EFFECTIVE AND EFFICIENT METHOD OF COLLECTING, ANALYZING, AND COMMUNICATING DATA RELATING TO EMPLOYEE ACHIEVEMENT AND PRODUCTIVITY OBJECTIVE NUMBER THREE TO IMPROVE AND EXPAND ONGOING OPPORTUNITIES TO COMMUNICATE AMONG THE CONSTITUENCIES WITHIN THE COMMUNITY WE WILL ESTABLISH AND EXPAND SHARED DECISION MAKING (TO INCLUDE EMPLOYEES AND COMMUNITY REPRESENTATIVES) WE WILL CREATE A COMMUNICATION NETWORK BETWEEN OUR ESTABLISHMENT AND KEY COMMUNICATION LEADERS AND ENTITIES · WE WILL DEVELOP AND IMPLEMENT AN INFORMATION SYSTEM TO IMPROVE UNDERSTANDING OF OUR DIVERS COMMUNITY PARTNERSHIPS AND INTERESTS PARAMETERS WE WILL PROVIDE A FAIR AND EQUAL TREATMENT TO ALL EMPLOYEES · WE WILL NOT TOLERATE PREJUDICE, DISCRIMINATION, OR DISRESPECT OF ANY KIND TO ANYONE · WE WILL RECRUIT AND HIRE ONLY QUALITY PERSONNEL · WE WILL PROVIDE ONGOING STAFF DEVELOPMENT REQUIRED TO IMPLEMENT STRATEGIC PLAN · WE WILL NOT TOLERATE INEFFECTIVE EMPLOYEES · WE WILL MAXIMIZE THE USE OF AVA~.ABLE RESOURCES TO IMPLEMENT THE STRATEGIC PLAN · ALL DECISIONS WILL BE MADE BASED STRICTLY ON WHAT IS BEST FOR THE ORGANIZATION · WE WILL PROVIDE ADEQUATE AND FACILITIES APPROPRIATE · WE WILL MAINTAIN NEAT, CLEAN, SAFE, AND SECURE FACILITIES Employee Conduct Policy TItXSE EMPLOYEE CONDUCT RULES ARE PLACE IN WRITTEN FORM FOR THE BENEFIT OF YOU AND YPUR FELLOW EMPLOYEES SO THAT ALL EMPLOYEES WILL RECEIVE THE SAME FAIR TREATME~NT. A. Commission. of Any One of the Following Acts will be ConsMered Just Cause for Immediate Dismissal: 1. Supplying false or mi.qleading information when applying for employment. 2. Possessing dangerous or deadly weapons on Company premi.qes or while off Company premi.~es in performance of Company duties. 3. Reporting for work under the influence of intoxicants or drugs, drinking alcoholic beverages, using drags, or the possession of either while on Company time or company premises. 4. Immoral, immature, or indecent conduct; soliciting persons for immoral purposes; or the aid and/or abetting of any of the above. 5. Refusing to comply with the legal, business-related requests of a supervisor. 6. Disrespectful conduct. [Gambling or fighting on Company premises; coercion; intimidation or threats against guests, supervisors, or fellow employees; using vulgarity or failing to give high degree of service or courtesy to any guest]. 7. Theft or misappropriation of guest's, employee's, or company property, or unauthorized removal of any of the above, inelo&ing found items. 8. Interfering with or hindering with work schedules or sabotage. 9. Abusing, misusing, or destroying Company property, or the property of guests or other employees. B. Commission of Any One of the Following Acts will be Considered Just Cause for Remedial Action which CouM Range from Oral to Written Reprimand, Suspension from Work Without Pay, to Immediate Dismissal 10. Failure to satisfy legitimate debts. 11. Smoking in other than designated areas; unauthorized use of telephone; parking of personal auto in area other than designated by management. 12. Failure to abide by clock rules or sigu-in/sigu-out procedures; working overtime without management approval; unexcused absence or tardiness; stopping work early; not reporting properly when absent [employee must report to management by telephone or written message within three hours prior to report time, reason for absence and when he will report for work]. 13. Making or publishing false, vicious, or malicious statements concerning any employee, supervisor, the Company, or its food, beverages, or services. 14. Failing to perform work Or job assignment satisfactorily and efficiently. Loitering or sleeping on the job. 15. Engaging in or knowledge of activities on or off premises which could be considered a discredit to the Company or its employees. 16. Failing to observe established Fire, Safety, Civil Defense Rules, or common safety practices; or to report unsafe action of other employees to management, or to rep?rt any injury sustained while on duty. 17. Unauthorized presence at guest functions and guest areas when either on or off duty. Being on property when off duty. No social contac{ with any guest will be perm~.'tted at any time. 18. Foiling to present a high degree of personal cleanliness at all times. Food and beverage service personnel must obtain and keep current a valid health card to be on file with the employer. Failing to wear prescribed clothing and approved nnme badges. 19. Unauthorized distribution of literature Or posting of notices, signs or writings in ay form on Company premises during working hours and in working or public areas. 20. Discussing personal or unauthorized Company matters in public areas where a guest could overhear conversation. 21. Dining or snacking at any time other than during designated meal or break periods, or in areas other than those designated by the management. NOTE: ALL EMPLOYEES ARE EXPECTED TO COOPERATE WITH MANAGEMENT IN BUSINESS-RELATED INVESTIGATIONS. THESE SITUATIONS COULD BE AS INVOLVED AS FULL SCALE AUDITS OR AS sIMPLE AS AN EXAMINATION OF ONE'S PACKAGES OR WORK AREA. ALL EMPLOYEES AND AREAS ARE SUBJECT TO SEARCH AND INVESTIGATION. A SEARCH OR INVESTIGATION, IN AND OF ITSELF, DOES NOT IMPLY OR CONSTITUTE AN ACCUSATION OF WRONGDOING. FAILURE TO t/OLIINTARILY COMPLY WITH ~ INVF_~TIGATION OR SEARCH MAY RESULT IN TERMINATION OF EMPLOYMENT. ALL NEW EMPLOYEES ARE HIRED ON A NINETY (90) DA Y TRIAL BASIS. Employee Signature (Signature indicates you have read and understand the above) This condnct policy is intended to be used as a guideline and is informational only. The policy provisions nrc _not conditions of employment nnd may be modified, revog~i or changed at any time without notice. Nothingin this.policy is intended to create, nor is it to be construed to constitute a contract between The Edge Nightclub and any of its employees. Name Address EMPLOYEE HEALTH EVALUATION Pre-Employment Last First Middle Social Security No. Name of Physician Sex __ Date of Birth Phone No. Physician Address Check One Have you ever: No Yes __ 1. Missed more than two weeks of work due to health or medical reasons? 2. Been refused employment for health or medical reasons? 3. Been awarded compensation due to an accident or injury? 4. Been discharged from employment due to medical or health reasons? 5. Worked with asbestos? 6. Worked dusty jobs? __7- Worked with radioactive materials? Please explain all answers marked "yes." Check One Have you ever received medical treatment for: 1. Alcohol or substance abuse? 2. A mental condition. __ 3. Rheumatic fever or rheumatic heart disease? 4. Any type of cardiac disorder? __ 5. Fainting spells or seizures? 6. Diabetes? __ 7. Asthma, hay fever, allergies or sinus trouble? 8. Hepatitis or liver disease? 9. Stomach problems? 10. Ulcers -1of 2- Please 11. Heart Problems? 12. Tuberculosis? 13. Back Problems? 14. Blood disorders? explain answers marked "yes." Other comments concerning your health. Signed Date - 2 of 2-~ SUBSTANCE ABUSE POLICY Purpose The purpose of this policy is to protect employees and company assets by having a safe workplace. We do not wish'to have a situation wherein a fellow employee under the influence of alcohol or illicit drugs puts our employees at risk. We do not wish to have the company or its community standing put at risk by an employee who is using alcohol or illicitdrugs at work or has the same in his or her possession. Pobey 1. Being at work under the influence of alcohol, illicit drugs, medications without appropriate medical reason or medications of inappropriate dosage or duration is against company policy. Possession of alcohol, illicit drugs, or medications without appropriate medical reason is also against company policy when at work. Possession of alcohol, illicit drugs, or medications without appropriate medical reason while not at work is also against the policy of this company. 2. This company has a zero tolerance policy for drug or alcohol abuse and any violation of these policies will result in immediate termination of employment. 3. Ali applicants being considered for employment will be subject to a mandatory drug test. 4. Drug testing of employees after being hired will be conducted if a reasonable suspicion warrants this procedure. 5, The refusal of an applicant to consent to testing will result in the application not being considered for employment. 6. The refusal ofnn employee to consent to drug testing will result in immediate termination of employment. 7. Reasonable suspicion will be determined by mnnagement based upon the' employee's declining job performance. The legal mandate to provide a reasonable safe work place for its employee's and customers is the reason for testing. 8. An accident at work is considered reasonable suspicion. Testing of an employee that is injured on the job will be mandatory and performed immediately after the injury occurs. 9. All people tested will be informed that they are being tested. 10. All tests will be in a situation that assures privacy in the collection of specimens. 11, AH positive tests will be confirmed through the use of alternntive testing. 12. Tests will remain confidential, as will the results. 13. The chain of custody of the sample will be factually documented. Initial Consent For Drug/Alcohol Screen Testing I, , have been fully informed by my potential employer of the reasons for this urine test for drug and/or alcohol I understand what I am being tested for, the procedure involved, and do hereby freely give my consent. In addition, I understand that the results of this test will be forwarded to my potential employer and become part of my record. If this test result is positive, and for this reason I am not hired, I understand that I will be given the opportunity to explain the results. I hereby authorize these test results to be released to The Edge Nightclub and/or the management company hired by the same. Applicant Signature Date Medical Testing Authorization I, the undersigned, declare that I am a competent adult at least eighteen (18) years of age. I hereby grant permission for the following medical test to be performed on me: DRUG TESTING AND H1V ~'OSITIVE TESTING. I further acknow~dge that such tests may involve the temporary invasion or penetration of my body by medical instruments, lights, sound, x-rays, or other imaging and diagnostic media, and may further involve the obtainment of bodily fluids, tissue, products or waste, all ofwhich I give up any claim to. I further certify that all such contemplated tests have been explained to me and that I have provided complete and honest responses to all questions posed to me regarding my health, including pregnancy, disabilities, allergies, and susceptibilities, if any. I understand that these medical tests are not being performed for my benefit, but are instead performed for the benefit of The Edge Nightclub and/or the management company hired by the same, which I hereby release from any and aH responsibility for treatment, advice, referral, or diagnosis. I grant this authorization in exchange for the opportunity to be considered for employment, Or for advancement in' employment, or because such testing is required by law, and I acknowledge such testing is necessary and relevant to my employment. I voluntarily make this grant without reservation. Applicant Signature Date AI-FACHMENT NO. 6 LETTER FROM JIM WIGGINS DATED JANUARY 8 2003 R:\M C U P~2002~02-0567 Edge Nightclub\Staff Report.doc 24 J~N-08-2005 15:17 ABC RIVERSIDE 909 ?810531 P.O1 6'TATE OF CAUFORNIA,~.' BUSINESS~ TRANSPORTATION AND HOUSING AGENCY. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Riverside District Office 3737 Main Street, Suite ~[900 Riverside, CA 92501 Office (909) 782-4400 Fax (909) '/81-0531 January 8, 2003 Rick Rush City of Temecula Plato-ring Department Temecula, Ca. 92589 Mr. Rush This letter is in response to your inquiry on Alison Hannah. I understand she has applied for an a Conditional Use Permit (CUP) for the premises located at 28822 Old Town Front Street-The Edge Night Club. There are no applications for a license to sell alcoholic beverages pending with our Department for either Alison Hannah or any entity claiming the address listed above. Alison Hannah applied with our Department in 2001 and her husband, Ronald Harmah applied in 2002. There were issues raised in both applications by our Department and applicants withdrew. If [ can be of further assistance please call. Investigator (909) 782-4407 ATTACHMENT NO. 7 ABC ZONING AFFIDAVIT R:\M C U P',2002~02-0567 Edge Nightclub\Staff Report.doc 25 JAN-22-2003 11:0S ABC RIUERSIDE Department of Alcoholic Beverage Co~ttol ZONING AFFIDAVIT 909 781~531 P.O1 GRAY DAVIS. Governor Instructions to the Applicant: Complete Items I - 14. Sign and date th~ form and submit it to ABC. ~]Yes [~No For answers to Questions 9 - 14, contact your local city OR county planning department (if inside the city limit~, contact c_j~ planning; if outside, con~act countv plan~..' g. L~Yes ONo .LL--~Yea I-]No Under the penalt7 of perjury, I declare thc information in this affidavit is true to the best of my knowledge. FOR DEPARTMENT USE ONLY []C.U.P. Approved []C.U.P. Denied GENERALINFORMA~ON · Section 23790 of the Bnsin~s and Pmfesaioas Code says that ABC may not issue a retail license contrary to a valid zoning ordinance. This form will help us dea~nnine whether your proposed bnsincss is properly zoned for alcoholic beverage sales. · A conditional usc pcr~t (CUP) (Item I 1) is a special zoning p~rmit g~ntcd after an individual ~cvicw of proposed land- usc ha~ been made. CUP's are used in situations where the proposed use may create hardships or hazards to neighbors and other community mcmlx:~ who ~ likely to be affected by the proposed use. The ABC district office will not make a final recommendation on your license application until after thc local CUP review process has bees completed. If the local government denies the CUP. ABC mast deny your license application. 23790. Zoning ordinances. No retail license shall be issued for any premises which ate located in any territory where exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or tilT. ABC-255 (9/01) Premises which had been used in thc exercise of those rights and privileges at a time prior to the effective date of thc zoning ordinance may continue opcradon under thc following conditions: (al The premises retain the same type of retail liquor license within a license elnssificatioa. (b} The licensed p,-c,fises m'~ opera~ continuously without substamial change in mode or character of operation. For purposes Of this subdivision, a break in continuous operation does not include: (1) A closure for not more ~ 30 days for purposes of r~air, if that repair docs not change the nature of the licensed premises and does not i~crease the square footage of the busings used for thc sale of alcoholic bevurages. (2) Thc closure for m.~toration of premises rendered totally or pe~t. ially inaccessible by as act of (]od or a toxic accident, if the restoration d~__s noLi]ace-n-~- ---~-- ..... ~'-- / -/' #ot · TOTAL P. 01 ATTACHMENT NO. 8 ABC FAX REGARDING OVER CONCENTRATION R:\M C U P~.002~02-0567 Edge Ntghtclub~Staff Report.doc 26 JAN-iS-2003 17:02 ABC RIVERSIDE 909 7810S31 P,O1 Department of Alcoholic Beverage Control Riverside District Office 3737 Main Street. Suite 900 Riverside, CA 92501 Phone: 009-782-4400 Fax: 909-781-0531 State of California GRAY DAVIS. Governor Business, Transportation & Housing Agen~y MARIA CONTRERAS-SWEET, Secretary FAX TRANSMISSION Pages 2 (Including this cover sheet) Total Number of Original: OTo follow by regular mail ~lWilt not follow To: Rick Rush~ Planner Date: 1/15/03 Time: 1645 Fkm/Office: City of Temeucla Planninl] Dept Fax: 694.t477 Prom: Laura Gardhouse Phone: 909-782-4357 cc: Subject: The Edge Night Club - Censu~ Tract Information Comments: Per your request, attached is a print out from the US Census Bureau web page which shows the new census tram number for the following address: 28822 Old Town Front St., Temecula As you can sec from the print Out, this address falls within Census Tract #432.15 Per a review of our office stats, Census Tract 8432.15 consists of the following:. Population - 2,889 Number of On-Sale License~s Allowed - 3 Number of On-Sale Licenses Active. 46 Number of Pending On. Sale Applications - 5 As we discussed on the phone, at the time application was made with th s deparnncnt in November of 2001, this address fell within a different census tract number (432.04). The stats at that time showed that there were 27 on-sale licenses allowed and 90 were active. As I informed you, our front staff uses the US Census Bureau web page to determine which census tract an address falls within. The US Census Bureau web page address is: www.census.gov If you need further information, plea.qe give me a call at 909-782-4357 NOTICE This communication is intended only for the use of the individual or entity to which it is addressed, and may contaln information that is privlleged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, notified the! any dissemination, distribution or copying of this communication ~rohib~ted. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us et the above address, ABC.75 (NEW 2/01) "Be Energy Efficient" ATTACHMENT NO. 9 CENSUS TRACT INFORMATION R:'~I C U P',2002\02-0567 Edge Nightclub\Staff Report,doc 27 JAN-16-2005 16:31 ABC RIVERSIDE 909 ?810531 P.02 01-16-03 04:29 PM CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS WHERE COUNTY IS 33-RIVERSIDE AND CENSUS TRACT IS 0432.15 PAGE: I Census License Ueensee Tract Types Status Num Premises 0432.15 41 ACT 248862 0432.15 47 ACT 370471 0432.15 41 ACT 39504 0432.15 21 ACT 112879 0432.15 47 ACT 335738 0432.15 47 ACT 173345 0432.15 52 ACT 185057 0432.15 47 ACT 197340 0432.15 21 ACT 377731 0432.15 41 ACT 209094 0432,15 20 ACT 395032 0432,15 47 ACT 212820 0432.15 41 PB',ID 396543 0432.15 41 ACT 351231 0432,15 21 ACT 376781 0432.15 41 ACT 385872 0432.15 41 ACT 384826 0432.15 41 ACT 308317 0432.15 41 ACT 372916 0432.15 48 ACT 242571 0432.15 47 ACT 356054 REYNOSO ALFONSO 27465 JEFFERSON AVE, TEMECULA CA 92590 CROSSCRFJ~ LLC 43860 GLEN MEADOWS RD, TEMECULA CA 92590 HASSON GLORIA 28676 OLD TOWN FRONT ST, TEMECULA CA 92590 S'rATER BROS MARKETS 27475 JEFFERSON ST, TEMECULA CA 92590 SOLANO MIRIAM M 27780 JEFFERSON AVE STE 1, TEMECULA CA 92690 MEXICO CHIQUITO INC 41841 MORENO RD, TEMECULA CA 92590 VFW POST 4089 29000 PUJOL ST, TEMECULA CA 92590 MANDERSCHEID DONALD L 28551 RANCHO CALIFORNIA RD, TEMECULA CA 92590 ALHOZY INC 27911 JEFFERSON AVE STE 109, TEMECULA CA 92590 STJOHN COSTAS 28690 OLD TOWN FRONT ST STE .500, TEMECULA CA 92590 MAUUK INVESTMENTS INC 28410 OLD TOWN FRONT ST STE 100, TEMECULA CA 92590 TEXAS ULS CORFORATION 28495 OLD TOWN FRONT ST STE B & C, TEMECULA CA 92590 LEFFINGWELL DELIA VICTORINO 27713 JEFFERSON AVE 101, TEMECULA CA 92590 REYES JESSE JOSE 27713 J;FFER~ON AVE 101, TEMECULA CA 92590 FARHAT AKRAM SALAH 27315 JEFFERSON AVE STE E, TEMECULA CA 92590 BERNIES CAFE & DEE 27535 JEFFERSON AVE, TEMECULA CA 92590 TACO FACTORY [NC 27315 JEFFERSON AVE A, TEMECULA CA 92690 AMORE ENTERPRISES INC 28250 OLD TOWN FRONT ST, TEMECULA CA 92590 BMW MANAGEMENT LLC 27717 JEFFERSON ST, TEMECULA CA 92590 BEACON LOUNGE INC 27725 JEFFERSON AVE STE 101, TEMECULA CA 92590 GHOMIZADEH MASSOUD 27464 JEFFERSON AVE, TEMECULA CA 92590 RECEIVED: 1/16/O3 4:5OPM; ->CITY OF TEMECULA; #574; PAGE 3 JAN-16-2003 1G:31 ABC RIVERSIDE 909 7810531 P.03 01-16-03 04:29 PM CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS WHERE COUNTY IS 8~.RIVERSIDE AND CENSUS TRACT IS 0432.15 PAGE: 2 Tract Types Status Num Premises 0432.15 41 ACT 246402 0432.15 41 ACT 248000 0432,15 40 ACT 348581 0432.15 41 ACT 301689 0432.15 47 ACT 375735 0432.15 41 ACT 255092 0432.15 21 ACT 347585 0432.15 21 ACT 256902 0432.15 41 ACT 344028 0432.15 41 ACT 260938 0432.15 41 ACT 325501 0432.15 47 ACT 263628 0432.15 41 ACT 317474 0432,15 20 ACT 266795 0432.15 48 ACT 305223 0432.15 41 ACT 274556 O432.15 41 ACT 276800 0432.16 47 ACT 308530 0432.15 20 ACT 301998 0432.15 41 ACT 295508 0432.15 41 ACT 339294 STADIUM PIZZA INC 27314 JEFFERSON ST STE I-3, TEMECULA CA 92590 H$1AO SHU CHUNG 27371 JEFFERSON AVE STE V & W, TEMECULA CA 92590 WlLLIAMSON G~LDA DECENDARIO 27911 JEFFERSON AVE STE 104, TEMECULA CA 92590 U,.%N',IALUXMEE CHUREE T 27451 JEFFERSON AVE, TEMECULA CA 92590 CALIFORNIA GRILLE RESTAURANTS INC 27345 JEFFERSON AVE, TEMECULA CA 92590 JWL MANAGEMENT INC 27313 JEFFERSON AVE B, TEMECULA CA 92590 SHADDA MAEN HAMID 2832~ OLD TOWN FRONT ST, TEMECULA CA 92590 DEMOULIN IRENE T 28780 OLD TOWN FRONT ST UNIT Al, TEMECULA CA 92590 PARKER DANIEL R 29000 OLD TOWN FRONT ST A, TEMECULA CA 92590 THESING MICHAEL ALAN 28636 OLD TOWN FRONT ST STE 109, TEMECULA CA 92590 FERNANDE$ EV.~NGEUNE 27645 JEFFERSON AVE STE 106, TEMECULA CA 92590 PARAGON STENG~OUSE RESTAURANTS INC 27600 JEFFERSON AVE, TEMECULA CA 92590 DAI-H:HN FRED L 28495 OLD TOWN FRONT ST STE A, TEMECULA CA 92590 ELEu I H~?~D INC 29115 OLD TOWN FRONT ST, TEMECULA CA 92590 ZARIPHES '~-IEODORE A 27423 JEFFERSON ST, TEMECULA CA 92590 MOLl ~-H VERA 27326 JEFFERSON AVE STE 17, TEMECULA CA 92590 DEPHILIPP!S MICHAEL 13 27309 JEFFERSON AVE STE 110, TEMECULA CA 92590 TENIECULA STAMPEDE 28721 OLD TOWN FRONT ST, TEMECULA CA 92590 KEELING DONALD EDWIN 27570 JEFFERSON ST, TEMECULA CA 92590 COVARRUSIAS ARTEMISA M 28645 OLD TOWN FRONT ST, TEMECULA CA 92590 THYZEL DF_BRA L 28410 OLD TOWN FRONT ST STE 112-112A., TEMECULA CA 92590 RECEIVED: 1/16/O3 4:51PM; ->CITY OF TEMECULA; #574; PAGE 4 JAN-16-2003 16:32 ABC RIVERSIDE 909 7810531 P.04 01-16-03 04:29 PM CENSUS TRACT INFOMATION BY cENSUS TRACT WITH ADDRESS WHERE COUNTY IS 33-RIVERSIDE AND CENSUS TRACT IS 0432.15 PAGE: 3 Census License U;ensee Tract Types Status Num Premises 0432.15 47 ACT 300119 0432.15 41 ACT 304121 0432_15 20 ACT 346664 0432.15 41 ACT 341625 0432.15 41 47 ACT 345317 0432.15 42 ACT 333183 0432,15 41 ACT 386227 0432,15 41 PEHD 390359 0432.15 41 ACT 350434 0432.15 41 ACT 353189 0432.15 41 PE~D 395692 0432.15 41 ACT 360720 0432.15 41 ACT 376587 0432,15 40 ACT 362462 0432.15 41 ACT 365877 0432.15 41 PEND 395720 0432.15 21 ACT 348303 0432,15 41 ACT 278829 MANDARIN CHINA FOOD INC 27725 JEFFERSON STE 102 103, TEMECULA CA 92690 CHRISTOFORAKIS MICHAIL 28120 JEFFERSON AVE STE A 101, TEMECULA CA 92590 SPIRrT' EN I I:HPRISES INC 28903 RANCHO CALIFORNIA RD, TEMECULA CA 92590 TCB INC 29105 OLD TOWN FRONT ST, TEMECULA CA 92590 NGUYEN THUAN THI 27533 JEFFERSON AVE, TEMECULA CA 92590 DOOL EDWARD L 28464 OLD TOWN FRONT ST, TEMECULA CA 92590 RAMIRF/TIMOTHY ,ION 27470 COMMERCE CENTER DR STE A, TEMECULA CA 92590 GILL KULDEEP KAUR 27715 JEFFERSON AVE 106, TEMECULA CA 92590 BHANDAL PARAMJIT SINGH 27715 JEFFERSON AVE 106, TEMECULA CA 925g0 CAMPINI DONALD ROBERT LAI MANLEE 27405 JEFFERSON AVE, TEMECULA CA 92590 GILLMORE CHERYL LEE 27405 JEFFERSON AVE, TEMECULA CA 92590 BAR~JAS JOSE LUIS 27911 JEFFERSON AVE 101, TEMECULA CA 92590 MCMILLEN MICHAEL DEAN 28950 OLD TOWN FRONT ST 102, TEMECULA CA 92590 C H H L-PSHIP 28134 JEFFERSON AVE, TEMECULA CA 92590 ZELENIK RANDY LYNNE 41971 MAIN ST, TEMECULA CA 92590 SMART & FINAL STORES CORPORATION 26665 JEFFERSON AVE, MURRIETA CA 92562 SIGGYS INC 26820 JEFFERSON AVE, MURRIETA CA 92562 A'I'I'ACHMENT NO. 10 LETTER OF JUSTIFICATION R:\M C U P~2002\02-0567 Edge Nightclub\Staff Report.doc 28 The Edee Nightclub Letter of JustificatiQt~ Conditional Use Permit and Letter of Necessity and Conveni¢tlc¢ Q. Is the site suitable and adequate for the proposed use? The site is suitable to accommodate the proposed land use in terms o:Cthe size and sha?e of the lot configuration, circulation patterns, access, and intensity o fuse. This project is consistent with the Development Code Q. W~uld the pr~p~sed use and design have a substantia~ adverse effect ~n tra~c circulati~n and ~n the planned capacity of the street system? No. The site is located in an industrial area that is generally deserted by 6:00 P.M. in the evening. The entrance is tocated on Front Street at the south end of town and the tra~c is very light during hours of operation. Q. Would the proposed use have a substantial adverse impact on the general welfare of persons residing in the eommanity ? The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is consistent with the goals and policies contained within the General Plan and the Development Standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the general welfare of the community. Compliance with these documents will assure th~ is achieved Q. Is the design of the project compatible with the existing and proposed development within the district and surroundings? The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and the proposed use will not adversely effect the adjacent uses, buddings, or structures. Famed To 909-694~6477- A ITN: Mr. Rick Rush, City Planning Department