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Home My WebLink About102004 PC Agenda .,fI. ln 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 prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] . . AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 20, 2004 - 6:00 P.M. Next in Order: Resolution No. 2004-054 CALL TO ORDER Flag Salute: Commissioner Chiniaeff RollCall: Chiniaeff, Guerriero, Mathewson, Olhasso, and Telesio 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 not on the Agenda, a salmon colored "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 I2!!9I 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. Aaenda RECOMMENDATION: 1.1 Approve the Agenda of October 20,2004 R:\PUlNCOMMlAgendas\2004\ 1 0-20-04. doc 2 Minutes RECOMMENDATION: . 2.1 Approve the Minutes of Adjourned Regular Joint City Council/Planning Commission Workshop of August 10, 2004 (Continued from October 6, 2004) 3 Director's Hearinq Case Update RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for September 2004 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 . 4 Planninq Application No. PA04-0149 a Development Plan. submitted bv Thomas Fanale. to construct a 13.716 square foot industrial warehouse and office buildinq. located at 42103 Rio Nedo. Christine Damko. Assistant Planner 5 Planninq Application No. PA04-0456 a Development Plan. submitted bv Kate Salvesen. to construct a 15.000 square foot buildinq for La-Z-Bov on .94 acres in the Power Center II Shoppinq Center. located west of Marqarita Road at the northeast corner of North General Kearnv. Matt Peters. Associate Planner 6 Planninq Application Nos. PA02-0360. PA02-0363. PA02-0364. PA02-0365. PA04-0540. submitted bv Pacific Development Partners. a General Plan Amendment to chance the Land Use Desiqnation from Neiqhborhood Commercial (NC) to Communitv Commercial (CC): a Specific Plan Amendment to chance the Specific Plan land use desiqnation from Neiqhborhood Commercial (NC) to Communitv Commercial (CC) for Planninq Area 9 in the Roripauqh Estates Specific Plan and adopt desiqn quidelines and development standards into the Specific Plan for commercial development: a Tentative Parcel Map to subdivide 20.2 acres into 12 lots: a Development Plan to construct approximately 162.860 square feet of commercial retail space: and a Conditional Use Permit to allow four drive-throuqh businesses. located at the southeast corner of Hiqhway 79 North (Winchester Road) and Nicolas Road. Dan Lonq. Associate Planner . R:\PUlNCOMMlAgendas \2004\1 0-20-04 .doc . . . COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: November 3, 2004 Council Chambers 43200 Business Park Drive Temecula, CA 92590 R:\PUlNCOM MlAgendas\2004\ 1 0-20-04. doc . . ITEM #2 . . . . MINUTES OF AN ADJOURNED REGULAR JOINT CITY COUNCIUPLANNING COMMISSION WORKSHOP AUGUST 10, 2004 CALL TO ORDER The City Council and Planning Commission convened in an adjourned regular joint workshop at 5:01 P.M., on Tuesday, August 10, 2004, in the City Council Chambers of Temecula City Hall, 43200. Business Park Drive, Temecula, California. ROLL CALL Present Councilmembers: Comerchero, Roberts, Stone, Washington, and Naggar Absent Council members: None Present Planning Commissioners: Chiniaeff, Mathewson, Olhasso, and TeJesio Absent: Planning Commissioner: Guerriero PUBLIC COMMENTS No comments. CITY COUNCIUPLANNING COMMISSION REPORTS No comments. CITY COUNCIUCOMMISSION BUSINESS General Plan Land Use Issue Discussion RECOMMENDATION: 1.1 Provide direction to staff and the consultant on the Community Advisory Committee's recommended Draft General Plan. Clearing up some misconceptions with regard to tonight's meeting, Mayor Naggar explained the upcoming process, noting the following: That in 2001 the City Council had updated its General Plan . . That law dictates that the City to update its General Plan at least every five years That a consultant was hired and the Community Advisory Committee was established That this evening, no decisions will be made with regard the General Plan; that the intent of this meeting is purely for informative purposes R:IMinutesl081 004 That after tonight's meeting, the Community Services Commission, the Public Traffic Safety Commission, and the Planning Commission will be given the opportunity to review the General Plan update in order to make recommendations to the City Council; that the City Council would make its final decisions regarding this Plan in late December or early January 2005. . Because the City CouncilmemberslPlanning Commissioners are members of this community, Assistant City Attorney Curley clarified the potential of conflict of interest due to ownership interest, home values, and other business relations and noted that the discussion of any items with potential conflict will be encapsulated and the Councilmember(s)/Commissioner(s) will be requested to excuse himself/herself from the dais. Councilman Stone apprised the Assistant City Attorney of a potential conflict with regard to Meadowview Homeowners Association due to the location of his residence. Although no decisions will be made this evening, Assistant City Attorney Curley noted that staff would identify any possible conflicts for future meetings. Planning Director Ubnoske introduced the General Plan consulting team. By way of a PowerPoint Presentation, Mr. Bridges of Cotton/Bridges/Associates addressed the City's General Plan Update, noting the following: Anticipated Time schedule 0 9/04 - Community/Commission Workshops 0 10/04 -11/04 - public review period of the Environmental Impact Report (EIR) 0 12/04 - Planning Commission Public Hearing . 0 1/05 - City Council Public Hearing proposed changes that will affect Land Use/Circulation Elements technical changes Proposed Cham:¡es to the Land Use Desianations Mr. Jeff Henderson of Cotton/Bridges/Associates noted the following: Land Use Desianations Rural Residential Designation - would establish five-acre minimum lot size . Vineyards/Agriculture Designation - intended to identify areas used for agriculture in the Planning Area Tribal Trust Lands Designation - proposed for properties in the Planning Areas that have been designated as lands held in -trust for the Pechanga Band by the Federal Government Industrial Park Designation - solely a name change from Business Park Land Use designation. . R:\Minutes\081 004 2 . . . Land Use Map Staff recommended changes to the Land Use Map 0 Chaparral High School from Business Park to Public Institutional 0 Southeast corner of SR 79 South and Butterfield Stage Road from Neighborhood Commercial to Community Commercial 0 Great Oak High School from Medium Density Residential to Public Institutional 0 The Westside Specific Plan and other areas along the western City limits, numerous minor adjustments to reflect the open space conditions as well as tribal and other ownership conditions. . Property owner requested changes that were supported/opposed by the Community Advisory Committee (CAC) and are and are not included in the Update General Plan Supported 0 5 acres on the north side of the Santa Gertrudis channel adjacent to Margarita Road - CAC supported a change from Public Institutional to Professional Office 0 9 acres on the southeast corner of Margarita Road and Solana Way - CAC supported a change from Medium Density Residential to Ii combination of Professional Office and Open Space 0 45 acres on the north side of Loma Linda Road, east of Temecula Lane - CAC supported a change from Professional Office to a combination of Low Medium Residential and Medium Density Residential 0 18 acres west of Butterfield Stage Road between Chemin Clinet and Ahern Place - CAC supported a change from Low Density Residential to Low Medium Density Residential 0 20 acres at the northeast corner of Winchester and Nicolas Roads - CAC supported a change form Neighborhood Commercial to Community Commercial Opposed 0 7 acres immediately south of the Temecula Creek Village - CAC opposed the requested change from Open Space to a more developable designation 0 3 acres at the northwest corner of Margarita and Dartolo Roads - CAC opposed the requested change from Professional Office to Community Commercial 0 304 acres at Temecula Creek Inn - CAC opposed the requested change for parts of the site from Open Space to Low Medium Density Residential as R:\Minutes\081 004 3 well as a request to specify the preparation of a Specific Plan on the property . 0 2 acres at the northeast corner of SR 79 South and Jedediah Smith Road - CAC opposed the requested change from Very Low Density Residential to Professional Office . that approximately 15 land use requests were submitted by various property owners through this process - some of which were supported and opposed by the CAC; that it has been recommended by staff that 5 of these 15 requests be deferred until other issues are resolved: 0 three requests in the Nicolas Valley area 0 two requests adjacent to the proposed Temecula Education Project Changes to the Land Use Map in French Valley Area Circulation Element Primary changes will allow for additional street dedication around higher yolume key intersections as well as the CAC's recommendation to consider opening closed connecting streets to improve City-wide circulation Roadway Cross-sections 0 Modified Secondary Arterial - two divided lanes in each direction with no curb, gutter, or sidewalk to maintain the rural character of the area . 0 Limited Secondary Arterial - would have one lane in each direction with a left- turn lane and a separated trail 0 Rural Highway - would have one lane in each direction with left-turn pockets though in some areas two lanes may be needed Circulation Map Proposed new roadways as well as changes to the size designation 0 Loma LindalAvenida de Missiones between Pechanga Road Parkway and SR 79 0 North General Kearney from Deer Meadow Road (near Nicolas Road) to near the northern segment of Calle Pina Colada 0 Eastern Bypass consisting of Anza Road, Deer Hollow Way, and a southern connection to Interstate 15 via a new interchange 0 Sky Canyon Road/Briggs Road' parallel route along Winchester Road past the future bottleneck area by French Valley Airport Growth Management/Public Facilities Element . R:\Minutes\081 004 4 . . . 0 Policy change is the addition of a statement discouraging street closures that may limit or delay access to emergency services Community Design Element 0 Additional discussion on the Mixed Use Design Concept and on public spaces and public art. In an effort to provide those interested in speaking, Mayor Naggar limited the speaking time to two minutes. Deputy City Clerk Ballreich informed the Council/Commission that written communication with regard to the General Plan had been received from Max and Agnes Bosetti, David Dillon, Meadowview Community Association, Jeff and Shiela Noble, and Renee Broderick. Thanking Deputy City Manager Thornhill and City Attorney Thorson for their associated efforts, Ms. Eve Craig, Temecula, provided an update on Wolf's Tomb and discussed the historical significance of this site. Commenting on the proposed widening of Rainbow Canyon Road, Mr. Mark Cerney, Temecula, expressed concern with its impact on property values; questioned the added benefit of such a widening; questioned whether an environmental impact report had been completed; and questioned if realtors will be required to provide disclaimers relative to the proposed widening. Addressing the importance of recognizing the City's historical sites, Mr. Darell Farnbach, Temecula, representing the Temecula Historical Society, appreciated the opportunity to create a historical places/sites map. Mr. Bill Harker, representing the Temecula Historical Society, reiterated the importance of identification and preservation of the City's historical sites/structures and noted that the designated historical sites/structures should be included in the General Plan. Ms. Diana Lovett-Webb, Temecula, questioned the benefit to the community with opening/extending North General Kearney Road. Commenting on existing traffic issues, Mr. Robert Kaufman, Temecula, echoed concerns with the opening/extension of North General Kearney Road. Expressing concern with the proposed designation for Rainbow Canyon Road, Ms. Renee Broderick commented on the potential of eminent domain. Relaying some confusion with regard to the Recreation Commercial Overlay and the Open Space Elements, Mr. Sam Alhadeff, Temecula, representing Temecula Creek Inn, requested to be given the opportunity to work with staff to provide for a Resort Commercial Recreation Overlay. Viewing such action as risking neighborhoods and the safety of children, Mr. Mike Budd, Temecula, expressed his opposition to opening closed/gated streets. For Commissioner Mathewson, Senior Planner Hogan advised that a golf course alone would not qualify for a Commercial Recreation Oyerlay but that it would if it had other amenities such as a health club, spa, resort accommodation facilities, etc. Commissioner Mathewson suggested that resort/fractional units (timeshare) be defined. R:\Minutes\081 004 5 For Commissioner Chiniaeff, Assistant City Attorney Curley confirmed that once tribal trust lands have been designated, local jurisdiction no longer is applicable; therefore, the desire to designate. Although golf courses are open space, Mayor Pro Tem Comerchero suggested that a special designation be considered for them considering the commercial venture. Concurring with Mr. Harker to provide safeguards in the General Plan to ensure historical sites are protected, Councilman Stone reiterated that these sites should be identified in the General Plan. Senior Planner Hogan noted that staff is in the process of creating an inventory and location of the sites. For Councilman Roberts, staff further clarified the Vineyard/Agriculture designation. Noting that currently public transportation is being addressed under a subsection of the Transportation Element, Mayor Pro Tem Comerchero recommended that a separate Public Transportation Element be created and questioned whether there is right-of-way preservation/bus turnouts/protected lanes/etc. in the General Plan for such uses to which Senior Planner Hogan noted that those issues have not been identified in such detail. Relaying his support of a Public Transportation Element, Deputy City Manager Thornhill noted that certain negotiations such as for bus turnouts are dependent on the type of projects built. Noting that the City Council has an obligation to plan for tomorrow, Councilman Stone, echoed by Mayor Naggar, spoke in support of a separate Public Transportation Element. Although supporting the concept of a separate Public Transportation Element, Councilman Washington noted that transportation is a regional issue and commended staff and the CAC on a job well done. Concurring with a Commercial Recreation Overlay designation for golf courses, Mayor Naggar as well relayed his support of identifying the City's historical sites and of creating a separate Public Transportation Element. Having communicated with the California High Speed Rail Authority, Councilman Roberts noted that discussions included the location of a High Speed Rail and the land needed for such form of transportation. Chairman Telesio recommended that the City apprise the community of other proposed street openings/closings. Reiterating his support of a separate Public Transportation Element, Mayor Pro Tem Comerchero commented on the necessity to preserve the needed right-of-way to ensure such opportunities are not lost. Stating that the rural nature of this community is an attractor to the City, Commissioner Olhasso commented on the need for regional transportation planning. Commissioner Mathewson commented on the need to explore strengthening the existing policy with regard to parking for mixed use and village center developments. Concurring with a park and ride facility, Mayor Naggar suggested to plan for land uses in a dual- use capacity and to explore alternative forms of transportation. R:\Minutes\081 004 6 . . . . . . City Manager Nelson suggested that staff formulate a time schedule for the completion of the General Plan, including the Public Transportation Element and noted that staff would report to the City Council. In response to Chairman Telelsio's suggestion to explore the possibility of a Historic Preservation Element, the consultant advised that the current draft of the Open Space Conservation Element does include a subsection addressing historic/cultural resources. Councilman Roberts advised that the California High Speed Rail Authority has started its Environmental Impact Report. In an effort to keep the General Plan Update on schedule, Commissioner Chiniaeff favored implementing the Public Transportation Element at a later time. Viewing public transportation as a regional transportation challenge, Councilman Washington commented on the importance of exploring the Public Transportation Element in concert with transportation needs of the future. With regard to the Economic Development Element, Commissioner Olhasso addressed the need to update the verbiage. Thanking those who have commented on the Plan and those that had attended this meeting, Mayor Naggar briefly reviewed the upcoming review process of the General Plan Update. ADJOURNMENT At 6:32 P.M., Mayor Naggar formally adjourned the Joint City Council/Planning Commission Workshop to the next regular City Council meeting at 7:00 P.M. on Tuesday, August 10, 2004 and to the next regular Planning Commission meeting at 6:00 P.M. on Wednesday, August 18,2004, City Council Chambers, 43200 Business Park Drive, Temecula, California. John Telesio Debbie Ubnoske, Director of Planning ATTEST: Susan W. Jones, CMC City Clerk R:\Minutes\081 004 7 . ITEM #3 . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: SUBJECT: October 20, 2004 Director's Hearing Case Update Planning Director's Agenda items for September 2004 September 02, 2004 PA04-0264 One-year Extension of Time for a previous approved Minor Conditional Use Permit to co-locate a wireless PCS antenna on an existing monopine structure, with a new unmanned wireless communications equipment substation at the monopine base, located north of Rancho California Road and east of Meadows Parkway at the Rancho California Water District water tank in the Chardonnay Hills community. A Tentative Parcel Map No. 38483 (with Final Map Waiver) to subdivide 4.87 acres (two existing parcels) into 3 commercial parcels with a minimum lot size of 1.52 acres, located on the east side of Ridge Park Drive, approximately 1,100 feet south of Rancho California Road A Tentative Tract Map No. 32170 to subdivide a 4.66 acre site into 2 lots for condominium and open space purposes, located at the northwest corner of Harveston Drive and Lakeview Road A Tentative Tract Map No. 32169 to subdivide 6.43 acres into one lot for condominium purposes, located at the southeast corner of Village Road and Harveston Way September 09, 2004 PA04-0374 September 09, 2004 PA04-0078 September 09, 2004 PA04-0080 Attachment: . 1. Action Agendas - Blue Page 2 p, \P LAN N IN GID IRH EAR 1M EM 0\2004\09-2004 - d DC Verizon Wireless Deferred To PC Redhawk Approved Communities William Lyon Homes William Lyon Homes Approved Approved . . . p ,\PIAN N IN OlD JR HEAR \M EM 012004\09-2004. doc ATTACHMENT NO.1 ACTION AGENDAS . . . ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 2,20041 :30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No.1 Project Information: Project Number: Project Type: Project Name: Applicant: Project Description: PA04-0264 EOT Temeku Hills Monopine Verizon Wireless, Michael Collier A request for a 1 year Extension of Time of an approved MCUP, PA01-0019. To install 3 sector panel antennas on an existing Sprint Monopine structure and installation of related equipment. 31008 Rancho California Road. 953-309-002 Emery Papp NO ACTION TAKEN REFERRED TO PLANNING COMMISSION Location: APN: Project Planner: ACTION: PoIPLANNINGlDIRHEARlAgendas\2004\09-02-04 Action Agenda.doc 1 ACTION AGENDA . TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 9, 20041 :30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: David Hogan Principal Planner PUBLIC COMMENTS A total of 15minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No.1 Project Information: Project Number: Project Type: Project Name: Applicant: Project Description: Located: PA04-0374 Tentative Parcel Map Ridge Park Drive Office Hall & Foreman, Inc. A Tentative Parcel Map to subdivide a 4.87 acre parcel into three lots with a minimum lot size of 1.52 acres. Located on the east side of Ridge Park Drive, approximately 1100' south of Rancho California Drive. There are 3 office buildings currently under construction. (Approved PA03-0272) 940-310-028 & 032 Cheryl Kitzerow APPROVED . APN: Project Planner: ACTION: Item No.2 Project Information: Location: PA04-0078 Tentative Tract Map TTM 32170 Neighborhood 6 William Lyon Homes A Tentatiye Tract Map to subdivide 4.66 acres into three lots for condominium and open space purposes. Located on the northwest corner of Lakeview road & Harveston Drive within Planning Area 3 of the Harveston . Project Number: Project Type: Project Name: Applicant: Project Description: P:\PLANNINGIDIRHEARlAgendas\2004\09-09-04 Action Agenda.doc . 1 . . . APN: Project Planner: ACTION: Specific Plan. Portion of 916-170-014 Matt Harris APPROVED Item No.3 Project Information: Project Number: Project Type: Project Name: Applicant: Project Description: PA04-0080 Tentative Tract Map TIM 32169 Neighborhood 12 William Lyon Homes A one-lot Tentative Tract Map on 6.43 acres for condominium purposes. Located within the Harveston Specific Plan on the southeast corner of Village Road and Harveston Way Portion of 919-170-014 Matt Harris APPROVED Location: APN: Project Planner: ACTION: P:\PLANNINGIDIRHEARlAgendas\2004\09-09-04 Action Agenda.doc 2 . ITEM #4 . . . . . Date of Meeting: Prepared by: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 20, 2004 Christine Damko Title: Assistant Planner File Number PA04-0149 Project Description: Recommendation: (Check One) CEQA: (Check One) Application Type: Development Plan A Development Plan to construct a 13,716 square foot industrial warehouse and office building on a .90 acre site in the Light Industrial (LI) zone, located at 42103 Rio Nedo. IZI Approve with Conditions D Deny D Continue for Redesign D Continue to: 0 Recommend Approval with Conditions D Recommend Denial IZI Categorically Exempt (Class) 15332 D Negative Declaration 0 Mitigated Negative Declaration with Monitoring Plan DEIR RID NO04\04-0149 Beacon Industrial BuildingIPC STAFF REPORT template.doc 1 PROJECT DATA SUMMARY . Applicant: Thomas Fanale Completion Date: March 5, 2004 Mandatory Action Deadline Date: October 20, 2004 General Plan Designation: Business Park (BP) Zoning Designation: Light Industrial (LI) Site/Surrounding Land Use: Site: Existing vacant parking lot located on the south west side of the property and vacant land totaling .90 acres in size. North: South: East: West: Existing Industrial buildings in the Light Industrial zone Existing Industrial buildings in the Light Industrial zone Existing Industrial buildings in the Light Industrial zone Existing Industrial buildings in the Light Industrial zone Lot Area: .90 acres Building Summary: Proposed 13,716 square foot building . Building Height: 24 feet Total Floor Area/Ratio: .35 Landscape Area/Coverage: 8,004 square feet /20% Parking Required/Provided: 21 required / 29 provided BACKGROUND SUMMARY ¿$J 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. A Development Plan application was submitted on March 5, 2004. A DRC meeting was held on May 20, 2004 to discuss site, landscaping, architecture, and other departmental issues. Between the time the letter was mailed and the time the applicant resubmitted, the applicant submitted numerous elevation design concepts for staff to consider. On August 30, 2004 the applicant formally resubmitted. The proposed building will be constructed of concrete tilt-up panels, which will be smooth concrete with a matte paint finish. The building provides both parapet height variations and building articulations as required by the City's Design Guidelines. The front elevation includes glass windows and doors and glass spandrel accents on middle left and right sides of the . R:ID 1'\2004\04-0149 Beacon Industrial BuildiuglPC STAFF REPORT template.doc 2 . . . building. A four foot wide planter placed beneath the glass windows in the lower center of the building is also used as an accent as well as softening the front façade towards Rio Nedo. Loading areas have been provided at the north and south sides of the building. These areas will be screened from public view through landscaping on the westerly sides of the loading spaces. Access to the proposed building will be provided from a 24-foot wide drive aisle located on the southern portion of the site off Rio Nedo. This driveway will provide a loop around the proposed building for adequate on-site circulation. The existing access is on the northern side of the building onto Rio Nedo. Parking will be provided along the north, south, and east property lines for the proposed building. Four additional parking spaces will be provided on the front sides of the proposed building. Landscaping will be provided around the proposed building that will be 5 feet in width. An employee eating area is provided along the west elevation. ANALYSIS Site Plan The project conforms to the development regulations of the Light Industrial (LI) zoning district. The building setbacks either meet or exceed the minimum requirements of the Development Code and the 0.35 Floor Area Ratio is below the target ratio of 0.40 for this zoning district. The proposed 35 percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The proposed site plan provides adequate circulation for yehicles anticipated to utilize the site, as well as for emergency vehicles. Two loading spaces are provided along the sides of the building, thereby meeting the loading space requirements of Section 17.24.060 of the Development Code. Architecture The proposed building is consistent with the Development Code and Design Guidelines and is compatible with other adjacent buildings within the vicinity. The proposed architecture includes painted concrete tilt-up buildings and the use of reveals and glass accents. The buildings include various breaks in the wall planes, which, in conjunction with landscaping, breaks up building mass from street view. Although the rear of the building along the eastern boundary of the project site has little articulation, this is acceptable to staff because the rear of the building will not be visible to the public. LandscapinQ The landscape plan' conforms to the landscape requirements of the Development Code and Design Guidelines. Tree and shrub placement will serve to effectively screen onsite parking areas and effectively soften building elevations. The project proposes to. landscape 8,004 square feet or 20 percent of the site, which is consistent with the minimum landscaping requirements in the LI (Light Industrial) zone. The project provides landscaping around the perimeter of the site, with a 10 foot landscaped setback along Rio Nedo, and varied landscape setbacks around the building footprints. Access and Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. R,\D 1'\2004104-0149 Beacon lndnstrial BnildinglPC STAFF REPORT template.doc 3 ENVIRONMENTAL DETERMINATION I25J 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review per Section 15332, In-Fill Development Projects. . CONCLUSION/RECOMM ENDA nON Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends approval of the Development Plan with the attached conditions of approval. FINDINGS Development Plan! 17 .05.01 OF) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The proposed project is consistent with the use regulations outlined conditioned by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. . 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. ATTACHMENTS 1. Plan Reductions - Blue Page 5 2. PC Resolution No. 2004-- - Blue Page 6 Exhibit A - Conditions of Approval . RolD 1'12004\04-0149 Beacon Indnstrial BnildingIPC STAFF REPORT template.doc 4 . . . ATTACHMENT NO.1 PLAN REDUCTIONS R,ID 1'\2004\04-0149 Beacon Industrial BuildiuglPC STAFF REPORT template.doc 5 ~-::-~=:::,.::;=~=.::: : . -I "« a: J-- 0 (J)o~ ::::) 0 ~ Ow « Zo 20 - _ã:::¡ (')::> 2 ~o 0 't ~ 0 ~ « w OJ ! ¡ ¡1m:! I¡ 11m 1m I-" t! ~;; I,_~ ,J, 1;,- f ¡ , Ii I!! Ii!! ;,I;! il! ~I!I ¡¡;i i ¡hi¡ . ---G-- 1" , 1m I! ,i~l,m ¡!~ 'I"¡ I" ~>,,- . ! 'I ., ¡J! 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U W ~ J I 1\ \ Ih! i : Ii ¡I II; 1 , ,¡ ¡ . i ,I I ' '-"', ¡", ¡ "I "¡!I,'" :,;hU!¡! !! ¡I!II~ ¡ I ¡ I ! i ¡ I ; ¡Ii ¡¡I h:! in hl!h!! 'I ¡d¡¡ ¡ ! ¡ ¡ 'III! ¡ ¡ I !!¡ ¡!¡ :111 hi ~, H¡I!¡¡¡¡:¡!!¡jl¡I!¡!~¡¡i!I'¡!!! ~¡~"""H..'¡I 1!¡;!I¡!I..'¡.!!:III!I.!¡'~I!';'i' I:"!' ,d! "¡ I ';'1 I'!!!!!!" . I: n:¡.¡¡¡¡.dl!'I'!¡:!¡'¡!H¡h¡¡¡¡ , , ,-, , , . il. ,-i', \, i i!¡,hl/!!¡nl'I!¡Uli¡i¡i!¡!n:¡'¡!¡1 I; I' ":~" i!¡¡~i!¡il!I!¡¡¡!¡¡¡¡!!¡!I;¡!¡!¡¡!rl¡!'Î'I¡! .Ii ~~" "lp"I" ~"!!\ì,q.\!!!,!,!" !i1.!.!.:!.!1 i!¡1.!I!h!¡!i!¡!I!I!I!ì!¡!I!!!¡I!:II!.¡!¡!;¡, ~ II ¡ !o. ~, ~¡L,1¡~ .tà," ~ nmnJ. ~ ¡', , c~ j ~ /;-1'// /// / // / // /~ //// / // / //./ I -- ---"! " " < '" -....¡Q:' ~ e::~ ~:S V¡;; a-,:::s :::SC::S "':':~!5 c:¡.~~ ~~ ~\j \:S!-<J< ~<K: <:"'" '-;> CjCi::"-~lc.Qè ~~~~Cj~ ~~ "-:",~ C):j" ~':::~ l;j ~\.j ~ "1:" ,¡ I, ., I. .I I.; ¡ -,'- ¡ ~ ." ¡ " \.. "'II¡¡"-¡,!!..,.,.¡,¡~h,,¡!¡, ¡I/ ¡ I: ¡ I! 41 I: I;I!I¡¡ !I! ! 1i!1 ¡I Ii ¡¡¡ ¡¡¡¡I. ¡ I, ¡I; ¡ II ¡ II I¡!I II ¡¡Iii I!, ¡it ¡ ¡¡I!i ! ¡\II: ¡ii till!! ¡ ¡! Ii! ¡! ;;i ¡¡:¡,,~:d!NI!¡¡';I¡~:'I¡~!:,I~II¡!!!!'!.!I~I';!il! Ìi I,. ¡1!'!ln¡'II¡I!¡~hl'q!'¡!!¡i¡¡I'*~¡"¡'!:!I.,,¡;; ~ ¡ ¡¡ ¡ !¡ ¡!:¡¡ I 1M ¡I! ¡Ii', "I !i! I! i .:1 ¡, F¡¡ II:;!,I : i ¡'I' !!¡ ~'¡"':!¡IIt¡"¡¡"'I'I"llp¡,:¡I¡"I¡¡-I'!¡¡¡I'¡'~i!I~;'! ~'II!:¡il~'II¡!..~~lml'I¡¡II!!.::¡!¡îi!ill¡¡¡!i¡I¡I,¡I_'I!;!I!!!I¡!¡'I¡~¡'I! ~ ¡" - "¡ I,'! "', I 1"'1" to ¡, ¡¡' i' ,I" 'II" I" ! I' ~ ¡ 0 ~ ¡I t'¡!; ì,,!!! II ¡'I, "II¡!! ~I II. ¡ ¡ ~ ,I! ¡'I ¡I:! I..!I d ! II,!"" ;.! ~i\¡¡¡¡¡!m!l!!j!!I~¡¡!I¡!i!¡!!!!I!b:¡¡!¡¡:!¡¡¡lm~I!¡~:!II!I~;i: ~:."..". """,.. ..., ¡ ¡ ¡ . ;. L,". ¡. , \ ¡¡I¡,! I,:, ì ¡ ! '¡;¡'I~I' hi : ~ "i!:,! "¡l , 'j ,., ,., ¡~~I".'¡¡ì ,', . ;! "J~I- '~I ii, ~ !, ',\!I".'" - !' I'~'!,di!,¡~ ~ 1; ~h!I" ",,!. II : " ~!~:,,"~ ~ !- ¡I ¡~!rl.~II¡I!~ 11~! II ¡ ., "'" ,- ,¡i!,1 ¡-II ilL oil ,! IlhnJ WI! ¡¡I~ ;~ ¡¡ . m' . ~, ~.~.i ~ {II'i ~ ¡, ~ ¡~ : ¡ i( ,!h' ¡ " <' ¡ PHi¡¡ ,¡ , ~ OJ . ' "~; , ¡ : c~ ! ! ~§"^ .': , #. - h II' ¡ ¡ ~\,> ! 8 . '-~"" ,..--<-, ,_. "'--, ,..~_.."".-~,"," dno~o \f~VVH'lV <. , 'I'! ' I':: 1'1 .1.1 . ¡I:: '! ilî;¡ ¡¡. ¡Ii, !i¡ (ij1.ìi.,!I!,¡ \j ",I,!, ~ . ~ ~ ~ - .-. --.-.- - -'-'-OO3N 00-- - - --'-'---.-.-'-' . ,: .:::::::= ~ ~ ~ "- ,vwsnC::~:~ .= j j ¡ i ~! ; ï z « ...J D... ~! w , ~ ¡ 0 ; j, ~:: ¡ D...I 0 - >-! ~~ ~! :Jj ~I D.... I ¡ ¡ ! I; !, II I! e, e , "" n., ,..- ~ L â n ð¡!1¡ ~ ,Ii! !: ;; !HI !! .,. ! ! !ii, ï :; ".. ¡ , , ìïii mi!! ! ! ¡ ¡ m! ¡¡¡i¡¡ ¡ ~ ~ I"""""';: ,m~ WW! I: I , ! ' !,j ¡ I!¡ ¡ ¡ ¡ í!ì; ¡ ¡ HI! ~ Ii,: i¡ §., 11, ~îOEB @00 fI'JO ~ DC) e " . . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2004-- R:ID 1'12004\04-0149 Beacoo Industrial BuildinglPC STAFF REPORT template,doc 6 . . . PC RESOLUTION NO. 2004-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0149, A DEVELOPMENT PLAN TO CONSTRUCT A 13,716 SQUARE FOOT INDUSTRIAL AND OFFICE BUILDING ON 0.90 ACRES LOCATED AT 42103 RIO NEDO, KNOWN AS ASSESSOR PARCEL NO. 909-252-009. WHEREAS, Thomas Fanale filed Planning Application No. PA04-0149 (Development Plan Application), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on October 20, 2004, 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving the Application, hereby makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The proposed project is consistent with the use regulations outlined and conditioned by the Building Depar1ment and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the building meets the architectural requirements as stated in the Design Guidelines. The proposed building architecture and building RolD 1'12004\04-0149 Beacon Industrial BuilmnglPC RESOLUTION AND COA,doc I materials have been found to be compatible with the adjacent buildings. The varying building shapes and offsets provided serve to break up the massing of the building. The proposed architecture complements and enhances the visual character along Rio Nedo and will be a welcome addition to the existing buildings. . The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be categorically exempt pursuant to Section 15332 (In-Fill Development Project) of the California Environmental Quality Act Guidelines. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct, operate and establish a one story, 13,716 square foot square foot one story industrial warehouse and office building with conditions of approval as set forth on 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 20th day of October 2004. John Telesio, Chairman . ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:ID 1'\2004\04.0149 Beacon Industrial BuildingIPC RESOLUTION AND COA.doc 2 . . . 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. 2004-- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of October 2004, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RID P\20O4\O4-0149 Beacon Industrial BuildingIPC RESOLUTION AND COA,doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL RID 1'\2004104-0149 Beacon Indnstrial BuildingIPC RESOLUTION AND COActor 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA04-0149 A Development Plan to construct a 13,716 square foot industrial warehouse and office building on 0.90 acres located at 42103 Rio Nedo, generally located on the west side of Diaz Road. DIF Category: MSHCP Category: Business Park/Industrial Industrial Assessor's Parcel No.: 909-252-009 Approval Date: October 20, 2004 October 20, 2006 Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval ,of this Project 1. The applicant shall deliver to the Planning Department 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 Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the, action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. KID 1'\2004104-0149 Beacoo Industrial BuildingIPC RESOLUTION AND COA,doc 5 3. 4. 5. 6. 7. 8- 9. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 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 Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 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 or any successors in interest. All mechanical and roof equipment shall be fully screened from public view by being placed below the surrounding parapet wall. Trash enclosures shall be provided to house all trash receptacles utilized on the site. . 10. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. 11. If at any time during excayation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeologicaVcultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. . 12. R:ID 1'\2004104.0149 Beacon Indnstrial BuilwnglPC RESOLUTION ANP COAdoc 6 . . . 13. 14. 15. 16. A separate building permit shall be required for all signage. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Finish and Color Main Body texture and color Vista Paint #774 Storm Grey - Matte Accent Color Vista Paint #772 Norway Pine - Matte Accent Color Vista Paint #555 Red Grey - Matte Glass 14" green reflective glass All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. Prior to Issuance of Grading Permits 17. 18. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 19. A copy of the Grading Plan shall be submitted and approved by the Planning Department. 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. 20. Prior to Issuance of Building Permit 21. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans ,shall be accompanied by the following items: 22- RID P\2OO41O4-0149 Beacon Industrial BuildioglPC RESOLUTION AND COA.doc 7 23. 24. 25. a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. Provide an agronomic soils report with the construction landscape plans. One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. b. c. d. e. f. g. All utilities and light poles shall be shown and labeled on the landscape plans and appropriate screening shall be provided. A three-foot (3.0') clear zone shall be provided around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. The Planning Director shall approve the Construction Landscaping and Irrigation Plans. The construction plans shall indicate that all roof hatches shall be painted "International Orange". Prior to Building Occupancy 26. 27. 28. 29. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. Prior to building occupancy, all site improvements including but not limited to parking areas and striping shall be installed. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 30. 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. R:\D 1'\2004104.0149 Beacon Indnslrial BuildingIPC RESOLUTION AND COA.doc 8 . . . . . . 31. 32. 33. 34. 35. 36. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction ,of all commercial buildings per CFC Appendix liLA, Table A-III-A-1.The developer shall provide for this project, a water system capable of delivering 1625 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1850 GPM for a total fire flow of 3475 GPM with a three 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 III-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of two hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2"outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 450 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 a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 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) 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle 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 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) , 37. Fire Department vehicle access roads shall have an unobstructed width. of no! 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) 38. Prior to building construction, dead end road ways 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) 39. R:\D 1'\2004104-0149 Beacon Indnstrial BuildinglPC RESOLUTION ANP COA,doc 9 40. 41. 42. 43. 44. 45. 46. 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, spacing and minimum fire flow standards. After the plans are signed by the local water company, 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 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 approyal 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 be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 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 fire riser door. (CFC 902.4) 47. 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. 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. 48. 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 . R,IP 1'\2004104-0149 Beacoo Industrial BuildiugIPC RESOLUTION ANP COA.doc 10 . . . 49. high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 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 50. 51. 52. 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. 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) 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) DEPARTMENT OF PUBLIC WORKS 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 reyiewand revision. General Requirements 53. 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. 54. 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. 55. All 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. 56. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. R,ID 1'\2004104-0149 Beacon Industrial BuildinglPC RESOLUTION AND COA.doc II a. Street improvements, which may include, but not limited to: sidewalk, drive approach, storm drain facilities and sewer and domestic water systems . Prior to Issuance of a Grading Permit 57. 58. 59. 60. 61. 62. 63. 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. The Deyeloper 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 all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 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. 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. . As deemed necessary by the Director of 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 b. Department of Public Works c. Temecula Fire Prevention Bureau 64. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 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. 65. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area . R:ID P\20O41O4-0149 Beacon Industrial BuildingIPC RESOLUTION AND COA,doc 12 . 66. drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 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 67. . 68. 69. 70. 71. . 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: Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard Nos. 800, 801, 802 and 803. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401 and 402. All street and driveway centerline intersections shall be at 90 degrees. 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 Rio Nedo (Secondary Highway Standards - 88' R/W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). a. b. c. d. e. f. 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. 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. 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. 72. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. ReID 1'\2004104-0149 Beacon Industrial BuildingIPC RESOLUTION AND COA.doc \3 73. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. . Prior to Issuance of a Certificate of Occupancy 74. 75. 76. 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 All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 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. BUILDING AND SAFETY DEPARTMENT 77. 78. 79. 80. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. . Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 81. Obtain all building plans and permit approvals prior to commencement of any construction work. 82. 83. Obtain street addressing for all proposed buildings prior to submittal for plan review. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) . R:ID P\2004104-0149 Beacon Industrial BuiJdingIPC RESOLUTION AND COA.doc 14 . 84. 85. 86. 87. 88. 89. 90. 91. 92. . 93. 94. 95. . Provide disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. Show all building setbacks. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT The TCSD has reviewed the Development Plan for the aforementioned project and has the following Conditions of Approval: General Conditions 96. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 97. 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. R:ID 1'\2004104-0149 Beacon Industrial BuildiuglPC RESOLUTION ANP COAdoc 15 98. The Applicant shall comply with the Public Art Ordinance. 99. All parkways, landscaping, fencing, and on site lighting shall be maintained by the property owner or maintenance association. Prior to issuance of Building Permit 100. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 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 Date Applicant's Printed Name R,ID 1'\2004104-0149 Beacon Indnstrial BnildingIPC RESOLUTION AND COA.doc 16 . . . . ITEM #5 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: October 20, 2004 Prepared by: Matthew D. Peters, AICP Title: Associate Planner File Number Application Type: Development Plan PA04-0456 Project Description: A Development Plan to construct a 15,000 square foot building for La-Z-Boy on .94 acres in the Power Center II Shopping Center generally located at the corner of Margarita Road and N. General Kearny Road, APN 910-130-088 Recommendation: (Check One) IZI Approve with Conditions 0 Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial CECA: (Check One) IZI Notice of Determination - No Further Review (Section) ~ 0 Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR RID 1'\2004104-0456 Temeoul. Power Ceuter II La-Z-BoyIPC STAFF REPORTdoc I PROJECT DATA SUMMARY . Applicant: Kate Salvesen Completion Date: June 29, 2004 Mandatory Action Deadline Date: October 20, 2004 General Plan Designation: Community Commercial (CC) Zoning Designation: Specific Plan #7, Temecula Regional Center Site/Surrounding Land Use: Site: Existing vacant lot .94 acres North: Two undeveloped pads in Power Center II with Krispy Kreme and Islands Restaurant to the northeast Bel Villagio Retail Center Shops A and B in Power Center II with single family detached homes and apartments across Margarita Road Promenade Mall South: East: West: Lot Area: .94 acres . Building Summary: Proposed 15,000 square foot building Building Height: 37 feet Total Floor Area/Ratio: .36 Landscape Area/Coverage: 15,095 square feet /36% Parking Required/Provided: 30 required / 29 provided on site (remaining 1 provided via reciprocal parking agreement throughout the center) BACKGROUND SUMMARY 1Z1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. Planning Application No. PA04-0456 is a Development Plan to design and construct a 15,000 square foot retail building on .94 acres (Pad C), located at the northeast corner of North General Kearny Road and the Promenade Mall loop road. This project is part of the previously approved Phase II of the Power Center, PAO2-0605. The La-Z-Boy building is proposing to locate on pad C, which was identified for '1uture" development. A furniture store is a permitted use in the Community Commercial (CC) zoning district. . KID 1'\2004104-0456 Temeeuill Power Ceuter II La-Z.BoylPC STAFF REPORTdoc 2 . . . A Development Plan application was submitted on June 29, 2004. A DRC meeting was held on August 5, 2004 to discuss site, landscaping, architecture, and other departmental issues. On August 31, 2004 the applicant resubmitted, and shortly thereafter the applicant submitted a revised color scheme. ANALYSIS Site Plan The project conforms to the development standards set forth in the Community Commercial (CC) zoning district and the Regional Center Specific Plan. The building setbacks meet the minimum requirements of the Development Code, and the .36 Floor Area Ratio is within the target ratio of .25 to 1.0 identified in the Temecula Regional Center Specific Plan. The proposed site plan provides adequate circulation for automobiles, emergency vehicles and pedestrians. The orientation of the La-Z-Boy building in relation to Shops A and B creates minor challenges relative to pedestrian circulation. This has been overcome through the design of the hardscape, location of a trellis feature, the addition of more glass and an extended colonnade on the east side of the building. These features attempt to "tie" the La-Z-Boy building and Shops A and B together. It is intended that these features will create a pedestrian friendly environment that will encourage people to stroll between the shops on the south end of the shopping center, rather than drive. Architecture The proposed building is consistent with the Development Code, Design Guidelines, and Regional Center Specific Plan. The La-Z-Boy building complements Shops A and B by using a similar color scheme and stone materials. The building offers sufficient relief through architectural elements such as recessed windows, eave overhangs, columns, towers and trellises. The main entrance to the building is emphasized, and sufficient amounts of display windows have been incorporated into all four sides of the building. The building does not turn its back on the street, and contains a prominent corner statement and display windows along North General Kearny and the Promenade Mall loop road. The elevations contained in the original application emphasized glass on the north (parking lot) and west (Mall Loop Road) sides of the building. Based on staff comments at the DRC meeting, the applicant included more display windows on the south side along North General Kearny, and on the east side facing Shops A and B. In addition, the color scheme for the building changed after the DRC meeting. The changes allow for ,darker colors on the cornice and wainscot to "balance" the colors of the building and to provide a base color that will hold up better to pedestrian wear. The original tower and vertical elements were too bold and contrasted too much with the rest of the building. Antique Rose was replaced with Yellow Squash. The towers still stand out from the field color, but at the same time tie back into the building better. In general, it is felt that the new color-scheme will look better several years from now. . Landscapina The landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Tree and shrub placement will enhance the building elevations and help screen the parking lot. The project will contain 15,095 square feet or 36 percent landscaping, R:ID 1'12004104-0456 Temecul. Power Center II La-Z-BoylPC STAFF REPORT.doc 3 which exceeds the 20 percent minimum landscaping requirements in the CC (Community Commercial) zone. The project provides seating benches and planters on the north and northeast sides of the building, and landscaping around the perimeter of the site. Along N. General Kearny, shade trees will be located in front of the display windows, and a few strategically placed pine trees will enhance the rest of the facade. . Parkina The project provides 29 parking spaces onsite, however, 30 spaces are required. One additional parking spot can be provided through the reciprocal parking agreement, which was established as part of the approval for Phase II of the Power Center. The original site plan calculated parking for each pad at its highest potential use (restaurant at 1:100 square feet). Parking is more than adequate giyen the parking ratio for a furniture store is 1 :500, and the originally approved site plan exceeded its parking needs by 75 spaces. One loading space is provided on the west side of the front of the building, thereby meeting the loading space requirements of Section 17.24.060 of the Development Code. Because the building is pulled to the street edge, the loading space could only be located on the north or east side of the building. The east side was not considered a practical location given the limited amount of space between the building and lot line. The loading space in the front of the building is acceptable to staff given that it is off to the side and will be adequately screened per the Conditions of Approval. Also, the statement of operations indicates that deliveries are minimal, and approximately 10 units of furniture are transferred twice per week. ENVIRONMENTAL DETERMINATION [8]1. In accordance with the California Environmental Quality Act, the proposed project has been determined to be consistent with a previously approved Environmental Impact Report (EIR) and is exempt from further Environmental Review (Sec. 15162 - Subsequent EIRs and Negative Declarations). . CONCLUSI ON/R ECOMM EN DA TIO N Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends approval of the Development Plan with the attached conditions of approval. FINDINGS Development Plan(17.05.010F) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan. The General Plan identifies larger retail uses and specialty retail stores as typical uses in the Community Commercial designation- Furniture stores are a permitted use in the Community Commercial (CC) zoning district of the City of Temecula Development Code. . R:\D 1'\2004104-0456 Temecul. Power Center II La-Z.BoylPC STAFF REPORT.doc 4 . . . 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project as conditioned is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Commercial Development Standards in the City's Development Code. The proposed project has met the development standards relative to circulation; architectural design and site plan design. The proposed project as conditioned is consistent with all applicable Building and Fire Codes. ATTACHMENTS 1. Plan Reductions - Blue Page 6 2. PC Resolution No. 2004-- - Blue Page 7 Exhibit A - Conditions of Approval R,\D 1'12004\04-0456 Temecul. Power Center II La.Z-BoyIPC STAFF REPORT.doc 5 . . . ATTACHMENT NO.1 PLAN REDUCTIONS R,m 1'\2004104-0456 Temecu!, Power Ceuter II La-Z-BoyIPC STAFF REPORT-doc 6 ~ ; '" ¡ ii ". ,_O' . i ¡',I! Ii !! I! , 'I ¡' I' I I!' ! ,I ,,' 'I ' ¡oj "I !' ~ Ii! ¡;j ¡illl! ¡;II ~ ill ill m i,! II 6) 6) 6) 6) 6) . .,~ ~~ ~ !! I' I I ! . .. ... ;,11 m Iii""'.' !¡m .. .n. Hi . ~!H r'" , ! ¡ !. , . . ..-, I I I II I.! I I! ' !! Ii ¡ ~ ¡ ! Iii! II ¡ ;¡ II ¡ ¡ ¡ I ¡II , i I I !. I !::!ÒBJ~PQ'Ø I " ¡!U. ~~UH mn ;1 ¡ III ¡ildl , j..1 ,. ,I,' m tW¡ m§ ". ¡¡H! Idb "¡!i'i .I¡i. an ! . . .! ¡; !i n ,!,:j ~!!, ;~ II'I! J;!! '~I~!I¡ ¡; IIi i ~. ¡I!! ;b~!¡ ¡ , II! ¡"I; ;!!'-'~ ! II '! !i!'I!' !I!!!! !¡ "- Ii iii!l, !i;!¡ I, Iii ¡ I; ,¡~ ',!. ~:~ !il~mJ i.!!!!~i! ml ;1 ~ .. " " ~llí j it Lr!!- -, ! i~ ;1 .;.. c ¡ ¡ i"~ . .ü;- ï =~}¡!2 ¡ ~~~~ sl~1 . ; GJ " i:! "- 0 5. . III III' I I! Ii! i ¡ r ! ~:' ~! ! ¡! I ,~h¡h! ¡!!!!!H . "",¡j: !!i 'II ~~, ¡! U!! Ii 1!I!í! ------I II! i h, --¡ l~, r:-~- ~ \ \ I H cc \~ß~~~ J1\'~~' --~' -~; >. It " >~ ~w Q ß- s" ~ w§ J~~J"<~ ~~~mls m~~~lli~ ~~~~~~H s~~~tC~~ ~~g."~~~ illh~~~¡¡~ ~ ~¡;¡¡9¡¡~~ill ~ Úg~~«¡; ,,~ ~~ +=.:. ~i . JiliML , { I{ 1+ II ,II III II .~-O"i[§ lit I II : I I--.- L :I~ ItL \ l' 1\ \ \ I \ " 0 lib ¡!¡.. hI' -I' 'I Jr' I.¡Ìf ¡!in ~ r Q ~ ¡>~ ~ ~ ~~ §!~ 8 ~ QQ . ~~ ' ; ~~ 1\ ~h ~ . ~r . ~ ~~~ 2 z ~ò ~ . ~.(j ~ ~ ~2 ~ ~ ~~~. ~;~ U~: ~, ~ .. N~g ~g g n < ON O~ ~ [= ~ >¥ 3~ ¥ ~~ ~~i5i~3~ .QhQ~'3 ~~~ß~~L wt"UW-.~ ~j~~~§~~ 3~O~~~~" ZU¡¡~"'W~ w~Uh ~ :iE~~~~~~ «NOH>/' u u ~-~=~"=",li IG I I I I I I I ~I-. I I I I I I I I I r- I I I I \ \ 4 \ \ A-~ ---- ---- ---- . ,,~ CU ~:Ë ~ ~~ . 7',7'- --- ---- c:/ ----- "~ . ..0 ¡lib Iii'! !.JI ¡II'I !;j}¡ nm . ~ 'î bîh :j~~t~~~. m~~~~§ ~~~~~e.t U~:~§~~ ~w~-§~~~ ~Mt"~~ ."~ .o~~~ - ~h~H¡¡~ ~ :i~~am~ ,,~ ~:Ë ~ I I I I ¡ I>! ! ~ II II !! I ¡ ¡,PI I I. :¡ ; ; ¡ I dl , ~ ~ I , ~ ! iòHJ~6iQ'~ ~ ; )1 -------~ - -----~-;~;~-.)L, !f1 I I I I I I : r.~ I I I I I I I r I I I I \ \ 4 \ \ I ------- ----- ------ ----------------- ------------ ------- ------ --------------------------~---: ----- ------------~----~ /->-- /- /- ",- /----- ---" r ". . ::' -t! ::~I r.I'~ ::11 ~:ë ::!.~ ~~ :.~' . i~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' HU \¡¥ ~~ . i ¡lOll L r-~... 1 ~tðf l W! ¡~ ..H~ n ~ - I i.d.fi ~U l~ i t ~ HL d ¡ oi<ÐQOo !II t .' i ¡!lfl'I.! Iii t¡' I I ! ¡I! ¡1M i!lll! II! ¡IIII!II I !i¡li! ¡i! 1'1 i1~!,~lt~i~ !m~hli!i' dl Ii ~ ¡I! 1¡1d Ili¡ii ~il!¡! ¡1!!li I¡nl!!! II 11,lIlli! ii! II i ~ .I !I!! ¡IIIIIIIIIIII ¡Ii!!! ¡I!~!~I ¡I!!!I !¡!I!¡II¡: IIi!;, I¡ II II I 1,1 ell!: Iill < ~~~~i í I . I j ~ < ! 5 . ~ ~ ~ , ~ -I i . j' ~ f j ; . ~ t i J ! ¡ i . ~ò40 . ..-----------:-7:----- .. . ¡ ¡ ¡ ¡ ¡ i, ¡¡ , ¡ , ¡ : ! ! ¡ ¡ ¡ ! ¡ ! ¡ ¡ i ,: ! ¡ ! i ¡ ¡ ¡ i ! ~ í ¡ ! í ¡ ¡d ¡ î I ~! ! ¡ ¡ ¡ ¡¡ j ; ¡ ! 3 @ ED ED ED ED ED €D EIX]) CD . í; . 9 . u . , , ¡ , . .1,,! ¡ , ¡ i ¡~ ¡ , ' ! ~! ¡ ¡ i Ii ¡ ¡ ì ¡ ! ~,¡ . ¡ ¡ h , , ¡ ¡ \ ! -,! ¡ ¡ , ¡¡ ~ ¡ ì , ¡ ¡ ~CDŒææ$GCDæCÐŒJCÐ V> ..... U Q.J ~E ~ n II I! . . . . 1m ¡'II! 1,I,li" "] ¡ ¡h,! ¡;¡q h¡i< i:m . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2004-- RID PI2004\04.0456 Temecul. Power Center II La-Z-BoyIPC STAFF REPORT.doc 7 . . . PC RESOLUTION NO. 2004-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0456, A DEVELOPMENT PLAN TO CONSTRUCT A 15,000 SQUARE FOOT BUILDING FOR LA-Z-BOY ON .94 ACRES LOCATED WEST OF MARGARITA ROAD AT THE NORTHEAST CORNER OF N. GENERAL KEARNY ROAD AND THE PROMENADE MALL LOOP ROAD. WHEREAS, Kate Salvesen filed Planning Application No. PA04-0456 (Development Plan Application), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on October 20, 2004, 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving the Application, hereby makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state taw and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan. The General Plan identifies larger retail uses and specialty retail stores as typical uses in the Community Commercial designation. Furniture stores are a permitted use in the Community Commercial (CC) zoning district of the City of Temecula Development Code. R,ID P\20O41O4-O456 Temecula Power Center II La-Z-BoylPC RESO & COA's,doc 1 B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project as conditioned is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Commercial Development Standards in the City's Development Code. The proposed project has met the development standards relative to circulation, architectural design and site plan design. The proposed project as conditioned is consistent with all applicable Building and Fire Codes. . Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be consistent with a previously certified Environmental Impact Report (EIR), Sec. 15162 - Subsequent EIRs and Negative Declarations. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct, operate and establish a 15,000 square foot building for La-Z-Boy on .94 acres with conditions of approval as set forth on 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 20th day of October 2004. John Telesio, Chairman . ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\D P\20O41O4-O456 Temecu!. Power Ceoter II La-Z-BoylPC RESO & COA's,doc 2 . . . 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. 2004-- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of October 2004, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary KID P\2004104-0456 Terneculn Power Center II La-Z-BoylPC RESO & COA's,doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:ID NO04\04-0456 Temecul. Power Center II La-Z-BoylPC RESO & COA's.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA04-0456 A Development Plan to construct a 15,000 square foot building for La-Z-Boy on .94 acres in the Power Center II Shopping Center generally located at the corner of Margarita Road and N. General Kearny Road Assessor Parcel No.: . 910-130-088 Approval Date: Expiration Date: October 20, 2004 October 20, 2006 DIF Category PLANNING DEPARTMENT Per Development Agreement Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department 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 Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15162. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. The applicant shall sign both copies of the Final Conditions of Approval provided by the City of Temecula Planning Department, and return one signed copy to the City for its files. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. ReID 1'\2004104-0456 Temecul. Power Center II La-Z-BoylPC RESO & COA's.dnc 5 4. 5. 6. 7. 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 Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. . The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. 8. The landscaping shall conform substantially to the conceptual landscape plan contained on file with the Planning Department, PA04-0456, or as amended by these conditions. a. Shrubs along the entry drive shall be revised to Ligustrum japonicum "Texanum." b. In order to insure screening of the loading area from the Loop Road, a second row of Ligustrum japonicum "Texanum" shall be added along the west side of the entire length of the loading area to back up the existing parkway Ligustrum. This Ligustrum row shall be located at the top of the slope. Landscape maintenance programming shall indicate that these Ligustrum hedges shall be allowed to grow to a minimum 4' height. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. The development of the premises shall substantially conform to the approved plans contained on file with the Planning Department, PA04-0456. . c. d. 9. No outside storage of materials or furniture shall be allowed. 10. Colors and materials used shall conform substantially to the legend on the elevations, and the material sample board included in the Planning Department's files, PA04-0456, or as amended by these conditions. . RID NOO4I04-0456 Temeeu!. Power Center 11 La-Z-BoylPC RESO & COA's.doc 6 . 11. 12. . Materials Concrete Roof Tiles, Eagle Roofing Tiles Exposed Wood Rafter Tails/ Trellis Metal Louver Awning with Support Brackets Pre-cast Concrete Column CDI-CT8 Splits Clear Glass and Anodized Aluminum Storefront Rustic Stone Veneer, Valley EI Dorado Stone, and Sequoia Rustic Ledge Colors Gray/Brown Range 5087 California Rustic Benj. Moore Homestead Green AC-19 Oatmeal W030 All mechanical and roof top equipment shall be screened from public view by being placed below the surrounding parapet wall. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. Prior to Issuance of Building Permits 13. 14. . A separate building permit shall be required for all signage. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Provide an agronomic soils report with the construction landscape plans. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with approved plan). 15. e. R:ID 1'\2004104-0456 Temecu!. Power Ceuter II La-Z-ßoyIPC RESO & COA's.doc 7 A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term aesthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to Building Occupancy 16. 17. 18. f. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. Prior to building occupancy, all site improvements including but not limited to parking areas and striping shall be installed. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT 19. Landscaping: Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three (3) feet or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. . a. Applicant should ensure all trees surrounding the building roof top be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with a t least 6 feet clearance from the building. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). b. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance, California Government Code 8565. Furthermore, recommend all exterior lighting be in compliance with Mt. Palomar Lighting Requirements. a. All exterior doors shall have their own vandal resistant fixtures installed above. The doors shall be illuminated and with a minimum one (1) foot candle of light at, ground level, evenly dispersed. 20. b. The Governor's Order to address the power crisis became effective March 18, 2001. This bill calls for the substantial reduction from businesses to cut usage during non-business hours. The order, in part states: "All California retail establishments, including but not limited to shopping centers, auto malls, and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property." "Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in accordance with Section 8565 of the California Government Code." c. KID 1'\2004\04-0456 Temecula Power Center II La-Z-BoylPC RESO & COA's,doc 8 . . . . 21. 22. 23. 24- 25. 26. 27. . . Hardware: All doors, windows, locking mechanisms, hinges and other miscellaneous hardware shall be commercial or institution grade. Graffiti: Any graffiti painted or marked upon the building shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. Alarm System: Upon completion of construction, the building shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. Roof Hatches: All roof hatches shall be painted "International Orange." Public Telephones: Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. Crime Prevention: a. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 1127- 11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. Business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety or any other related crime prevention training procedures are also ayailable through the crime prevention unit. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business- advising customers of the "Inkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint.\ b. c. d. FIRE DEPARTMENT 28. 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. 29. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1625 GPM at R:ID 1'12004104-0456 Temecul. Power Center II La-Z-BoylPC RESO & COA's,doc 9 30. 31. 32. 33. 34. 35. 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2475 GPM with a 2 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 III-A) . The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 1 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 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 but are provided separately and do not need to come from the total fire flow required.. (CFC 903.2) 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle 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 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 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) 36. Prior to building construction, dead end road ways 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) 37. 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, spacing and minimum fire flow standards. After the plans are signed by the local water company, 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 . R:ID P\2004I04-0456 Temec.l. Power Center 11 La-Z-BoyIPC RESO & COA's.doc 10 . 38. 39. 40. 41. . 42. 43. 44. 45. . 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 froniing 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 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 shaH install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 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 as per approved plans. (CFC 902.4) 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) Prior to final inspection of any building, the applicant shaH prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 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 all applicable National Fire Protection Association standards. (CFC Article 81) Special Conditions 46. 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, NFPA -13,24,72 and 231-C. R:\D 1'\2004104-0456 Temecula Power Ceuter II La-Z-BoylPC RESO & COA's.doc 11 47. 48. 49. 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. 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) The applicant shall submit for review and approval by the Riverside County Department of Enyironmental 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 on site increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 50. 51. 52. 53. The trash enclosures shall be larger to accommodate a recycling bin, as well as, regular solid waste containers. 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. The applicant shall comply with the City's Public Art Ordinance. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit 54. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. PUBLIC WORKS DEPARTMENT 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. General Requirements 55. 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. 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. 56. R:ID 1'12004104-0456 Tem""u!. Power Center 11 La-Z-BoylPC RESO & COA's,doc 12 . . . . 57. 58. 59. 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. , , All 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. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Storm drain facilities, and b. Sewer and domestic water systems. Prior to Issuance of a Grading Permit 60. 61. . 62. 63. . A Grading Plan shall be prepared by a registered Civil Engineer and shall be reyiewed 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. 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 all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post- construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural on site source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post- construction BMPs. 64. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: ' a. Riverside County Flood Control and Water Conservation District b. Planning Department R,\D 1'\2004\04-0456 Temeeula Power Center II L..l-Z-BoylPC RESO & COA's.doc 13 65. c. Department of Public Works Temecula Fire Prevention Bureau . d. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. . A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 66. 67. 68. 69. 70. 71. 72. 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. 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. b. 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. . 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. The Developer shall obtain an easement for ingress and egress over the adjacent property. 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. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 73. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: . R:ID P\2004104-0456 Temecula Power Center II La-Z-BoylPC RESO & COA's.doc 14 . 74. 75. a. Rancho California Water District Eastern Municipal Water District Department of Public Works. b. c. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. The existing improvements shall be reyiewed. Any appurtenance damaged or broken shall be repaired or removed' and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING AND SAFETY DEPARTMENT 76. 77. . 78. 79. 80. 81. 82. 83. 84. 85. . All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. Submit at time of plan reYiew, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. Obtain all building plans and permit approvals prior to commencement of any construction work. Obtain street addressing for all proposed buildings prior to submittal for plan review. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) Provide disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. R:ID 1'12004104-0456 Temecul. Power Center II La-Z-BoylPC RESO & COA's.doc 15 86. 87. 88. 89. 90. 91. 92. 93. 94. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. Proyide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review- Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. A pre-construction meeting is required with the building inspector prior to the start of the buHding construction. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. Show all building setbacks. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0- 90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays 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 Planning Commission approval. Applicant's Signature Date Applicant's Printed Name R:ID 1'\2004104-0456 Temeool. Power Ceoter II La-Z-BoylPC RESO & COA's.doc 16 . . . . ITEM #6 . . . . . Date of Meeting: Prepared by: File Number STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 20, 2004 Dan Long Title: Associate Planner PA02-0360, PA02-0363,' PA02-0364, PA02-0365 and PA04-0540 Application Type: General Plan Amendment, Specific Plan Amendment, Tentative Parcel Map, Development Plan and Conditional Use Permit Project Description: Recommendation: CECA: A General Plan Amendment to change the LandUse Designation from Neighborhood Commercial (NC) to Community Commercial (CC); a Specific Plan Amendment to change the Specific Plan land use designation from Neighborhood Commercial (NC) to Community Commercial (CC) for Planning Area 9 in the Roripaugh Estates Specific Plan and adopt design guidelines and development standards into the Specific Plan for commercial development; a Tentative Parcel Map to subdivide 20.2 acres into 12 lots; a Development Plan to construct approximately 162,860 square feet of commercial retail space; and a Conditional Use Permit to allow four drive-through businesses, located at the southeast corner of Highway 79 North (Winchester Road) and Nicolas Road (APN: 920-100-001 through 013). 0 Approve with Conditions 0 Deny 0 Continue for Redesign 0 Continue to: !:8J Recommend City Council Approval with Conditions 0 Recommend Denial 0 Categorically Exempt 0 Negative Declaration !:8J Mitigated Negative Declaration with Monitoring Plan DEIR R,\D 1'\2002102-0364 Roripaugh Towu CenleIlSTAFF REPORT.dOl PROJECT DATA SUMMARY . Applicant: Pacific Development Partners, LLC Completion Date: September 30, 2004 Mandatory Action Deadline Date: May 30, 2004 General Plan Designation: Neighborhood Commercial (NC) Zoning Designation: Roripaugh Estates Specific Plan, Neighborhood Commercial (NC) Site/Surrounding Land Use: Site: North: Vacant Santa Gertrudis Creek South: East: West: AM/PM Gas Station and Vacant Self Storage Facility and Vacant Senior Housing Lot Area: 20.2 acres Total Floor Area/Ratio .185 . Parking Required/Provided 178,724 sq. ft. (20.3%) 729 spaces required/976 spaces provided Landscape Area/Coverage BACKGROUND SUMMARY 01. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ~1. Staff has worked with the applicant to ensure that all concerns have been addressed, however, the following issues have not been resolved to the satisfaction to staff: . Screening of drive-through facilities . Side/Rear elevations of Major H . Architecture of Major E . Landscape focal points . R:ID 1'12002102-0364 Roripaugh Town CenterlSTAFF REPORT.dot . . . ANALYSIS The proposed project consists of a General Plan Amendment, Specific Plan Amendment, a Tentative Parcel Map, a Development Plan and a Conditional Use Permit. Issues of Concern Staff and the applicant have been unable to resolve four key issues. The screening of drive- through facilities, side and rear elevations of Major H, architecture style of Major E, and landscape focal points. Staff feels that the drive-through facilities nearest Winchester Road should be further screened. While the applicant has provided berming with landscaping, staff believes the drive-through window should include a covered structure over the window to appear as a structural component of the building(s). In addition, landscape berming should meander and be at a height that adequately screens the drive-through lanes and parking lot. Staff believes that the sides and rear elevations of Major H warrant four sided architecture. Due to its location, each side will be visible from the public and the patrons on the project site. The loading area is located in the rear, which is visible from the center of the project site and should include a screening mechanism, such as evergreen trees or a structural component with vines. Major E, as proposed is a prototypical L.A. Fitness building with a style and color palette that does not blend with the center. Staff is not in support of prototypical architecture that does not blend with the overall center. Staff recommends this building be redesigned to blend with the architecture and colors of the overall center. Staff believes that the overall site landscaping should be enhanced to further accentuate the landscape focal points and screening of loading areas. Staff has included a number of conditions of approval (Nos. 22, 28, 29 and 31) that require larger trees and colorful shrubs to accentuate key focal points such as entries and the round-about and also to soften the loading areas. General Plan Amendment The General Plan Amendment is a request to amend the Land Use designation from Neighborhood Commercial to Community Commercial. The General Plan states that the intent of the "Neighborhood Commercial designation is for smaller-scale business activity. Neighborhood commercial centers usually are developed on less than ten acres of land and range between 25,000 and 75,000 square feet." The proposed project consists of 20.2 acres and approximately 162,860 square feet of floor area along a major arterial. Since the project site consists of an area greater than a typical neighborhood commercial center, the proposed request to amend the Land Use designation would bring the project site into conformity with the policies set forth in the General Plan. This request was discussed with and supported by the General Plan Citizen's Advisory Committee. Specific Plan Amendment The Specific Plan Amendment proposes to amend the land use designation from Neighborhood Commercial to Community Commercial, to amend the text of Planning Area 9 and incorporate design guidelines for commercial centers. The Land Use Amendment will be consistent with the related General Plan Amendment request. R:\D 1'\2002\02-0364 Roripaugh Town CenterlSTAFF REPORT-dot The requested text amendment provides language that allows three access points onto the project site from the public right-of-way. The current Specific Plan allows for two access points. The City's Traffic Engineer has reviewed this request and has issued conditions of approval. The Traffic Engineer has also reviewed the Mitigation Measures for the traffic analysis and has determined this to be acceptable. Included in the Mitigation Measures is a requirement to install a four-way signal on Nicolas Road, approximately 700 feet from Winchester Road. The text amendment also includes language requiring pedestrian access to be provided from the project site to the trail along Santa GertrudisGreek. Language has also been added that refers to the list of permitted uses and development standards according to the Community Commercial zoning district in the Development Code. The Roripaugh Estates Specific Plan currently refers to Ordinance 348 for permitted uses. The City Attorney has directed staff that County Ordinance 348 was repealed upon the adoption of the City's Development Code. Therefore, the language pertaining to uses and development standards is a necessary amendment. As part of the Specific Plan Amendment, staff worked with the applicant to incorporate design guidelines for commercial development, specifically for Planning Area 9. The Design Guidelines includes language pertaining to building scale, roofs, compatibility with the nearby residential areas, colors and materials, architectural features, screening of roof-mounted equipment and loading areas, signage and landscaping. These provisions are consistent with the City-wide Design Guidelines. The current Specific Plan Design Guidelines primarily address the residential component of the Specific Plan. Tentative Parcel Map The proposed Tentative Parcel Map is a request to subdivide 20.2 acres into 12 parcels. There are currently 12 parcels existing, however, the Tentative Parcel Map will adjust the parcel boundaries and lot areas for each parcel. The project site will still function as a single large scale commercial shopping center. As a Condition of Approval, cross lot access, reciprocal use and parking will be required, as well as CC&R's and the creation of an association for maintenance purposes. Development Plan and Conditional Use Permit The proposed project consists of approximately 162,860 square feet of retail floor area. This includes two major anchors, which could potentially be a Henry's Market (Major B) and an L.A. Fitness (Major E). There is also a drug store proposed near the corner of Nicolas and Winchester Road (Major H), however, a tenant has not been identified. The Conditional Use Permit will allow a total of four drive-through businesses, including the drug store (for prescriptions) and three other building pads. ' Access and Circulation Three access points are proposed off of Nicolas Road and one access point from Winchester Road. All the access points are right in, right out only with the exception of the middle access point off of Nicolas Road, which is a four-way signalized intersection. All the primary entries maintain long uninterrupted driveways that will provide for safe on- site circulation. Long uninterrupted driveways without turning movements or parking spaces reduces the probability of vehicles backing into and blocking traffic on public streets. RID 1'12002102-0364 Roripaugh Towu CenterIST AFF REPORT-dot . . . . Staff has worked with the applicant to provide defined paths of travel for pedestrians and outdoor gathering areas. The intersection at Winchester Road and Nicolas Road includes decorative hardscape directing pedestrians from the intersection into Major H. The access point off of Winchester Road includes a sidewalk separated from the driveway directly to the main portions of the center (Major E and Major B). In addition, the project has been conditioned to provide a clearly identifiable path of travel to the trail along Santa Gertrudis Creek (No. 73), which is also a requirement set forth in the text of the proposed Specific Plan Amendment. Landscaping, hardscape and pedestrian gathering areas . . In the middle of the center the applicant has proposed a landscaped round-about, approximately 10 feet in diameter, which will provide a focal center point of the project. The applicant has proposed mulch and three medium sized shrubs. Staff believes this is not acceptable as a focal point. Staff has included a condition of approval (No. 33), which will enhance the landscape palette for the round-about to include Palm trees and other larger shrubs to enhance the feature. Staff is also concerned with the landscaping at the project entries from the street and at the intersection of Winchester Road and Nicolas Road. Staff has included conditions of approval (Conditions Nos. 28 and 29), which requires the applicant to reconfigure the shrub and turf areas to contrast with the remainder of the street development and to provide larger trees at the intersection for a stronger focal point. In addition, staff has included a condition (Condition No. 31) which requires small color shrub plantings to be provided throughout the project site to provide additional color for the site. The applicant has proposed additional hardscape throughout the project site in order to enhance intersections and to define outdoor pedestrian areas. Staff has included conditions of approval (Nos. 20 and 25) requiring the hardscapeto include a unique design and colored concrete to match the building colors in order to blend with the center. An outdoor food-court is proposed in the northeast corner of the center, which includes a wood trellis, decorative hardscape, a water feature and pre-cast concrete benches for outdoor dining, Some details are provided on the landscape plan. Staff has included a condition of approval (No. 24) requiring details of the water feature and outdoor furniture to be approved by the Planning Director. . Architecture . Staff has worked with the applicant on various architectural themes and designs. The applicant has proposed a concept that resembles a mixed-use appearance with second story uses. False balconies with railings and windows with shutters are proposed at various strategic locations. Staff has added a condition of approval (No. 15) requiring decorative window sills and/or window surrounds for select second story windows subject to the approval of the Planning Director. The corners of buildings (shops A, C, and D-1) and Major 0-2 include towers with significant stone and a hip roof that further accentuate the tower appearance. Decorative lighting, exposed beams, awnings, cornices, arches and mission style roof tile have been proposed to provide interest and variation. Major E, which is proposed as an LA. Fitness does not blend with the architecture of the overall center. Major E proposes a typical prototype LA. Fitness building, which includes a separate color palette (as determined by L.A. Fitness) and a modern/futuristic type appearance. Staff believes this building is out of character with the center as a whole and does not blend with the surrounding community characteristics. Staff has included conditions of approval (Nos. 13 and 14) that require Major E to blend with the shopping center as a whole (architecturally, colors and materials). R:ID 1'\2002102-0364 Roripaugh Towu CeuterlSTAFF REPORTdot Staff has concerns with the side and rear elevations for Major H. Staff has also included a condition of approval (No. 23) for the east and north elevation of Major H to be enhanced. Staff feels the location of Major H warrants four sided architecture since each side of the building will be visible from the public. Furthermore, the loading area (east elevation) for Major H includes a condition of approval (Condition No. 22) to screen the loading area as required in the City Wide Design Guidelines. Staff would like direction from the Commission to determine the roof line between the tower elements of Major B. The applicant has provided two conceptual drawings showing an elevated tile roof and another with a cornice and exposed rafters. Staff believes both plans provide positive and negative elements, however both are consistent with the overall design of the center. Drive-throughs A total of four drive-through businesses are proposed. Staff is primarily concerned with the two drive-through businesses located along Winchester Road (Pads K and L). The other two drive-through lanes are pulled back from the public streets and/or are screened by the buildings. Since the drive-through lanes will abut Winchester Road, staff is concerned that the yehicles in the drive-through lanes will be the predominant visual scene from the public street. The applicant has proposed a meandering landscape berm along Winchester Road. The width of the planter between the parking ,lot and the sidewalk is approximately 40-45 feet in depth. Staff has included a condition of approval (Condition No. 34) requiring a structural component over the drive-through window for pads K and L. Staff believes the landscaping and structural component will screen the drive-through lanes as well as provide a decorative feature over the drive-through window. Pad Buildinas At this time, the applicant has not submitted elevations for the individual pad buildings. Staff has included as a condition of approval (Condition No. 12) that a development plan is required to be submitted and approved by the Planning Director. The elevations, landscape, hardscape and color palette shall blend with the overall center. ENVIRONMENTAL DETERMINATION ~1. An initial study has been prepared and indicates that the project will have the following potential significant environmental impacts unless mitigation measures are required and implemented. Based on the following mitigations, staff recommends adoption of a Mitigated Negative Declaration for the project. A summary of the Mitigation Plan is below. Aesthetics Fully shielding of Air Quality R:ID 1'\2002\02-0364 Roripaugh Towo CeuterlST AFF REPORT,dot . . . . . . Cultural Resources On-site monitoring, agreement with Pechanga for treatment and disposition of discovered resources Geology and Soils Best Management Practices and National Pollutant Discharge Elimination Systems regulations shall be enforced; Compliance with Geotechnical investiaation Hazards and Hazardous Materials Compliance with conditions as set forth by the Airport Land Use Commission and restrictions to be incorporated into the CC&R's, providing for aviqation easements. Noise Limited hours of operation for construction activities. Final noise study for outdoor dining areas shall be provided prior to issuance of buildinq permit. Transportation/Traffic Dedication of right-of-way, installation of traffic signal along Nicolas Road, re-striping of intersection of Winchester Road and Nicolas Road, and submit a final traffic analysis. All improvements must be complete prior to occupancy of any building. CO NCLUSIONIRECOMM EN DA TIO N Staff has reviewed the proposed project and has identified various issues of concern. In addition, staff has prepared an initial study, which has identified potentially significant environmental impacts. Staff has included conditions of approval and has prepared a Mitigation Monitoring Program which addresses these concerns and reduces the potentially significant environmental impacts to a less than significant level. Planning Staff recommends that the Planning Commission recommend that the City Council approve Planning Application Nos. PA02-0360, 02-0363, 02-0364, 02-0365 and 04-0540 based upon the findings and the attached Conditions of Approval. FINDINGS General Plan Amendment 1. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan because the project site is 20.2 acres and includes a development plan for future development that is encouraged on larger areas. In addition, the project site is located along a State Highway, which warrants a Community facility. 2. The proposed amendment will not have an impact on the character of the surrounding area. . The proposed amendment will not have an impact on the character of the surrounding area because the project site is surrounded by urban development within City R,ID 1'12002102-0364 Roripaugh Town CentenSTAFF REPORT-dot boundaries. The uses will remain as commercial, which are consistent with uses found on a State Highway. . Specific Plan Amendment 1. The Specific Plan amendment is consistent with the general plan. The land use amendment, design guidelines and development standards are consistent with the related General Plan Amendment for the City of Temecula, the site is physically suitable for the type of uses that could eventually occur in this area, and the proposed specific plan amendment would further the City's long-term economic development goals. Tentative Parcel Map (Code Section 16.09.1400 2. 1. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, Roripaugh Estates Specific Plan and the City of Temecula Municipal Code for the following reason: The proposed subdivision map is consistent with the subject Roripaugh Estates Specific Plan development standards and related General Plan Amendment. The tentative map does not divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965; 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 Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as, the development standards for the Roripaugh Estates Specific Plan. 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 avoidable injure fish or wildlife òr their habitat; An Initial Study, Negative Declaration and a Mitigation Monitoring Program have been prepared for the project, which mitigated any potentially significant impacts of the proposed project. In addition, the project has been designed to reduce any significant impacts 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 and the Building Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan, Specific Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded- The project is consistent with these documents- ' . R,I[) 1'12002102-0364 Roripaugh Towu CeuterlSTAFF REPORT,dot . . . 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the issuance to building permits the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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. All required rights.of-way and easements have been provided or are a condition of approval on the Tentative Map. The Public Works Department, who expressed no concerns regarding potential conflicts with easements or accesses, reviewed the proposed division of land 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The subdivision is a commercial project and is not subject to Quimby fees. Development Plan (Code Section 17.05.010F) 1. The proposed use, as conditioned, is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the city; The proposed use is in conformance with the General Plan for the City of Temecula, the Roripaugh Estates Specific Plan, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. 2. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land is designed for the protection of the public health, safety and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Conditional Use Permit (Code Section 17.04.010.E) 1. The proposed conditional use permit is consistent with the general plan, specific plan and the development code; The proposal, a request for four drive through facilities, is consistent with the land use designation and policies reflected in the Roripaugh Estates Specific Plan, the land use standards in the General Plan and the City's Development Code. The site is therefore R,\D 1'12002102-0364 Roripaugh Town Ceoter\ST AFF REPORT.dot 2. 4. properly planned and zoned and found to be physically suitable for the type of the proposed, use, The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). . The proposed conditional use permit is compatible with the nature, condition and development of the adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is a commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures- 3. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, fences, walls, parking and loading facilities, buffer areas, landscaping and other development features prescribed by the Development Code and required by the Planning Commission and City Council in order to integrate the use with other uses in the neighborhood; The conditional use is a request for four drive-through facilities on commercially zoned land- The site is adequate in size and shape to accommodate the proposed drive-through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. . The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed Conditional Use Permit includes a request for four drive-through facilities. The nature of this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. ATTACHMENTS 1. Plan Reductions - Blue Page 12 2. PC Resolution No. 2004-- (Mitigated Negative Declaration) - Blue Page 13 Exhibit A - Initial Study Exhibit B - Mitigation Monitoring Program Exhibit C - City Council Resolution 04-- PC Resolution No. 2004-- (General Plan Amendment) - Blue Page 14 Exhibit A - Proposed General Plan Designation Exhibit B - City Council Resolution 04-- . 3. R:ID 1'\2002102-0364 Roripaugh Town CenterlSTAFF REPORT.dot 10 . . . 4. PC Resolution No. 2004-- (Specific Plan Amendment) - Blue Page 15 Exhibit A - Proposed City Council Ordinance No. 04-- Exhibit B - Roripaugh Estates Specific Plan 1, Amendment No.3 5. PC Resolution No. 2004-- (Tentative Parcel Map) - Blue Page 16 Exhibit A - Draft Conditions of Approval Exhibit B - City Council Resolution 04-- 6. PC Resolution No. 2004-- (Development Plan) - Blue Page 17 Exhibit A - Draft Conditions of Approval Exhibit B - City Council Resolution 04-- PC Resolution No. 2004-- (Conditional Use Permit) - Blue Page 18 Exhibit A - Draft Conditions of Approval Exhibit B - City Council Resolution 04-- 7. RID 1'12002102-0364 Roripaugh Town Cente<ISTAFF REPORTdot 11 . . . ATTACHMENT NO.1 PLAN REDUCTIONS KID 1'\2002102-0364 Roripaugh Towu CenterlST AFF REPORT-dot 12 . I .t n n Æ¡ . 'Ie:, F;¡ """"'"""""""'" $ !¡~ ¡!~ i; i¡. I~ I" i i~ : ~Ii t !Z';¡ ,0,1" I :I:i~ \ 'm¡ -" u" --< n1 i1 ':Ii jo '~ i. ¡ k ¡. :t \ ¡ ¡I i3! 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'ill ¡~~.~ Mill, I . ~ ilL b. ~~~~ I'II!,~ I ~ ,. !ii ~ !I ~ I¡,~ n ¡¡ I It . ~ ~ ~ ;~ ~~.~~ L/-EV 'I ì i ~ b¡ i u ~ h~5 ~II ,1'llli 11'1' !: I'¡H 1'lï!lR~ 11I11I1i - . ~ ~ ..... hi b~.;!~ 1.\ ¡ ,. hP' ~!U RI I ~ II I: III Ii I Ii \¡¡lHIIIII Ifj ~ 1. :.'! ~ :. " ~I Ii!!it ~. ~:Ii ~¡ ~ ~ I ~il t~ Id ~:;I 'I- U Iii ~ II !!i ~ ~ I~I ~ ~ ~ -~--J ~ I h u hh~h ;11 I II III!:~~I!II~ II iUu;;II~ I in! hili ~lllh ~ II" ~"~rb I . '-I ~ I I 'I;~ I Ii I I s § I.,' I I I D I il tt!1 !I:I ! i II~ ~ 11,1 d I- I ~ Ii ì~ d:h Ii ,:1 11 ! ;I!' ¡lilllll~ll~ 11111 UI ht ~I I~ II II , .. .... ~ . Ij ~ 'lJ. ~ . I I. ¡ ¡ ¡ I ! _J - "':L"L, ,,): ~ I \ í ~ ~u ~.. ~ ~~ ~ ~~ !~!I.i I! I! i Iq.s ¡I. I . 100 t~ II if ¡fIliI il IG~ .Iii! Inann ,:~d:n hil ~j~ . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2004-- MITIGATED NEGATIVE DECLARATION R:ID 1'12002102-0364 Roripaugh Towu Cente"ST AFF REPORT.dot 13 . . . PC RESOLUTION NO. 04-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, FOR THE RANCHO TEMECULA TOWN CENTER," GENERALLY LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100- 013 (PA02-0360, 02-0363, 02-0364, 02-0365 AND 04-0540). WHEREAS, Pacific Development Partners, LLC, filed Planning Application No. PA02- 0360 General Plan Amendment, PA02-0363 Specific Plan Amendment, PA02-0364 Development Plan, PA02-02-0365 Tentative Parcel Map and PA04-0540 Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code and an initial study was prepared in accordance with CEOA Guidelines; WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring Program was prepared for the project as described in the Initial Study, including, in the time and manner prescribed by State, local law and CEOA Guidelines; WHEREAS, the Planning Commission, considered the Mitigated Negative Declaration and Mitigation Monitoring Program on October 20, 2004, at 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended City Council adoption of the Mitigated Negative Declaration and Mitigation Monitoring Program attached as Exhibit "A" subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program based on the Initial Study, which was prepared pursuant to CEOA Guidelines Section 15072. R:ID P\2002102-0364 Roripaugh Town CenterlPC and CC Draft Reso Mitigated Neg Dee.doc 1 Section 3. PASSED, APPROVED AND ADOPTED this 20th day of October, 2004 John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Planning Commission of the City, of Temecula, California, do hereby certify that Resolution No. 2004-- was duly and regularly adopted b~ the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20t day of October 2004, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske,Secretary R:ID P\2002102-0364 Roripaugh Town CenlerlPC and CC Draft Raso Mitigaled Neg Dee.doc 2 . . . . . . EXHIBIT A INITIAL STUDY R,\D 1'\2002\02-0364 Roripaug)1 Town CenterlSTAFF REPORT.dot 13 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Pro'ect Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation Zoning Description of Project Surrounding Land Uses and Setting r Other public agencies whose approval is required . Environmental Checklist Rancho Temecula Town Center City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Dan Lon, Associate Planner 951 694-6400 Southeast corner of Highway 79 North (Winchester Rd.) and Nicolas Rd. Pacific Development Partners, LLC., 30220 Rancho Viejo Rd., Ste. B, San Juan Ca istrano, CA 92675 Currently Neighborhood Commercial (NC) Pro osed Communit Commercial CC Roripaugh Estates Specific Plan, Planning Area 9: Currently Neighborhood Commercial (NC). Pro osed Communi Commercial CC The proposed project includes a General Plan Amendment, Specific Plan Amendment (text and map), Tentative Parcel Map (Map 30719) Conditional Use Permit and a Development Plan. The General Plan Amendment is a request to amend the land use designation from Neighborhood Commercial (NC) to Community Commercial (CC). The Specific Plan Amendment is a request to amend the land use designation in Planning Area 9 of the Roripaugh Estates Specific Plan from Neighborhood Commercial (NC) to Community Commercial (CC). The Tentative Parcel Map is a request to subdivide 20.2 acres into 12 parcels. The conditional use permit and development plan application is a request to construct 162,860 square feet of commercial and retail space on 20.2 acres. Potential uses include an LA Fitness (45,000 square feet), Henry's Market (26,680 square feet) and a drug store (16,800 square feet) with a drive-up window for prescriptions. In addition, there are 7 pad buildings (3 with drive though windows), an outdoor food court and in-line retail shops. The CC Zone permits similar uses as the NC Zone, however the CC zone is not as restricted as the NC Zone in regard to floor area, size of lot and maximum square footage of any one user. Surrounding land uses include Santa Gertrudis Creek to the north, a self-storage facility and vacant land to the east, Nicolas Rd and a gas station (AM/PM) to the south, and Highway 79 North (Winchester Rd.) and a senior housing development to the west. In addition, there is a High School (Chaparral High School) located to the southwest. Other public agencies which may require approval and/or subsequent permits include: U.S Army Corps (USACE), Cal Trans, Regional Water Quality Control Board (RWQCB) and the County of Riverside Air ort Land Use Commission ALUC . R:\D P\2002102-0364 Roripaugh Town Centerllnilial Study Rancho Temecula Center-1.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. x x x x x X X Determination On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be re ared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the ro'ect ro onen!. A MITIGATED NEGATIVE DECLARATION will be re ared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. . I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is re uired, but it must anal ze onl the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are im osed u on the ro osed ro'ect, nothin further is re uired. Signature Date Dan Lona. Associate Planner Printed name For . R:ID P\2002102-0364 Roripaugh Town Center\lnilial Study Rancho Temecula Center-1.doc 2 c. x d. x Comments: 1. a.-c: No Impact The proposed project is not located on or near a scenic vista, therefore, there will not be an adverse impact on a scenic vista. The project site is not located on a scenic highway. The project site is currently vacant with no structures, trees or rock outcroppings on the site. Therefore, the proposed project would not substantially damage scenic resources, including trees, rock outcroppings or historic buildings. Due to the fact that the project site is vacant with no scenic vistas or resources, the project would not substantially degrade the existing visual character or quality of the site and its surroundings. No impact is anticipated as a result of the proposed project. 8. d.: Less Than Significant Impact: The proposed project is currently vacant with no sources of light or glare. The proposed project will introduce new generators of light and glare typically associated with retail commercial development. The City of Temecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Decorative lighting is allowed, however it will be required to be shut-off by 11 :00 P.M. Mitigation Measures include the following: a. Comply with Riverside County Mount Palomar Ordinance 655. All lighting shall be fully shielded, directed down and parking lot lighting shall be low-pressure sodium. Decorative lighting shall be shut- off by 11:00 P.M. b. Prior to issuance of a building permit, the applicant shall submit a photometric plan detailing the proposed light levels for the entire project site and onto adjacent project boundaries. c. The applicant shall comply with the City of Temecula Deyelopment Code and Design Guidelines for General Commercial lighting standards, which require minimum and maximum lighting levels in parking lot areas, loading areas, pedestrian circulation areas, primary building entries and lighting at project boundaries. . R:ID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho T emecula Cenler-1.doc 3 2. AGRICU,L TURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: c. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a ricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-a ricultural use? x a. b. x x Comments: 2. a.-c.: No Impact: The project site is not currently in agricultural production and in the recent and historic past the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or locaa importance as identified by the State Department of Conservation and the City of Temecula General Plan. Irw addition, the project will not involve changes in the existing enYironment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project . R:ID P\2002102-0364 Roripaugh Town Centei\lnilial Study Rancho Temecuia Center-1.doc 4 AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: d. Conflict with or obstruct implementation of the applicable air ualit Ian? Violate any air quality standard or contribute substantially to an existin or ro'ected air uali violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed uantitative thresholds for ozone recursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of eo Ie? x a. b. x c. x x e. x Comments: .. a.: No Impact: The proposed project will not conflict with the applicable air quality plan. The project site is ~mprised of 20.2 acres and encompasses the entire area of Planning Area 9 in the Specific Plan. The City of Temecula Final EIR for the General Plan takes into consideration the entire project site as commercial use. The primary difference between the land use designations are the size of buildings and size of anyone particular user. No impact is anticipated as a result of the proposed project. 3. b.: No Impact: The proposed project will not violate an air quality standard or contribute substantially to an existing or projected air quality violation. The proposed project will emit typical emissions and dust associated with commercial construction, however, the applicant will be required to comply with air emission standards as set forth below. No impact is anticipated as a result of the proposed project. 3. c.: Less Than Significant Impact: The proposed project will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. The proposed project is not considered a significant pollutant generator; however the prevailing winds can produce considerable dust and emissions into the air. The applicant is required to comply with the mitigation measures outlined in the City of Temecula EIR and as specifically discussed below. 3. d.-e.: Less Than Significant Impact with Mitigation Measures: The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people. The proposed project is located directly east of a future senior housing facility and an existing senior housing facility. Directly to the southwest is an existing four-year high school. Within a one-quarter of a mile to the southeast is a child day care. The following Mitigation Measures shall apply: . a. The applicant shall submit a final URBEMIS 2002 air quality study which identifies air pollution levels during construction activities. Said study shall be prepared in accordance with the South Coast Air Quality Management District. R:ID P\2002\O2-0364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-' .doc 5 b. The applicant shall construct bicycle lanes in the right-of-way as shown on the City's Master Trail plan and subject to the approval by the City of Temecula Community Services Department. . c. The applicant shall provide a clear path with pedestrian signs to/from the San Gertrudis Creek trail to promote alternative transportation. d. The applicant shall coordinate with the Riverside Transit Agency (RTA) to determine if a bus turn- out or other mass transit services are feasible for the project site. Written authorization shall be submitted to the City of Temecula. e. The applicant shall submit a final landscape plan for the project site incorporating native drought- resistant vegetation, mature trees. If more than 100 days elapses from the time grading is complete and beginning of construction, the City of Temecula may require temporary landscaping to reduce the amount of dust and prevent dust and erosion. f. Prior to the issuance of a grading permit, the applicant shall yerify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean- fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency. g. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline-powered engines. h. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. . i. Prior to the issuance of a grading permit, a watering program shall be submitted to the City of Temecula Planning Department for approval. Said program shall include control of wind-blown dust on site and on site access roadways. j. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. k. Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported. . RIO P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temeou!a Center-1.doc 6 e. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru tion, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or im ede the use of native wildlife nurse sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? x a. b. x c. x d. x x f. x Comments: 4. a.-f.: No Impact: The project site is void of any natural biological resources, including wetlands, riparian forests, vernal pools, and nursery sites. The project is not within a natural conservation plan or other local regional or state conservation plan, including area identified under the Multi-Species Habitat Conservation Plan (MSHCP). The project site has been grubbed and disturbed for many years in order to comply with the City's weed abatement ordinance (Ord 8.16). In addition, the project site has been used for various activities such as Christmas tree lots, carnivals, pumpkin patches, fruit stands and other similar events. There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. The project site is adjacent to Santa Gertrudis Creek and a Section 404 permit may be required subject to the approval of the Department of the Army. The applicant shall submit verification from the US Army Corps. (USACE) indicating if any permits are necessary. No impact is anticipated as a result of the proposed project. . RID P\2002102-Q364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-1.doc 7 CULTURAL RESOURCES. Would the project: b. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Cause a substantial adverse change in the significance of an archaeolo ical resource ursuant to Section 15064.5? Directly or indirectly destroy a unique paleontological resource or site or uni ue eolo ic feature? Disturb any human remains, including those interred outside of formal cemeteries? x a. x c. x d. x Comments: 5. a.: No Impact: A Phase I survey (Historical/archaeological resource'survey report, Rancho Temecula Town Center, CRM Tech, November 24, 2003) has been prepared for the proposed project. The survey did not identify any historical resources as defined in Section 15064.5 on the project site. No impact is anticipated as a result of the proposed project 5. b.: Less Than Significant Impact with Mitigation Measures: The above mentioned Phase I survey did not identify any archaeological resources nor did the historical records search identify the project site as a potential site for archaeological resources pursuant to Section 15064.5. However, the City of Temecula General Plan (Figure 5-6) identifies the project site as a sensitive archaeological resource area. The phase I study did no.t recommend any mitigation measures, however, the lead agency is recommending archaeological monitor during all grading and earth moving activities due to the adjacent Santa Gertrudis Creek.. 5. c.: No Impact: The City of Temecula Final EIR does not identify the project site as a potential site for paleontological resources. No impact is anticipated as a result of the proposed project. 5. d.: No Impact: The phase I survey did not identify the project site as a potential site for historical resources, including human remains. No impacts are anticipated, however, mitigation monitoring, as required in 5.b. shall be required as part of the mitigation monitoring program. a. Prior to the issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition' of all cultural resources, human resources and human remains discovered on-site. b. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. c. The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities. d. If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved. . R:ID P\2002102-0364 Roripaugh Town Cente~lnitial Study Rancho Temeoula Center-1.doc 8 d. Expose people or structures to potential substantial adyerse effects, including the risk of loss, injury, or death involvin : i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geolo S ecial Publication 42. ii. Stron seismic round shakin ? iii. Seismic-related round failure, includin Ii uefaction? iv. Landslides? Result in substantial soil erosion or the loss of to soil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral s readin ,subsidence, Ii uefaction or colla se? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ro e ? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x a. x x X X X X X X b. c. Comments: 6. a. i-iv: Less Than Significant with Mitigation Measures: A Geotechnical Investigation has been prepared for the proposed project (Supplemental Geotechnical Investigation, Rancho Temecula Town, Center, Winchester & Nicolas Roads, Temecula, CA, Geocon Inc., June 17, 2003). The proposed project is located 3.1 miles from the Temecula segment of the lake Elsinore Fault. The Lake Elsinore Fault is classified as an active fault and has the potential to produce large magnitude earthquakes (Geocon inc., June17, 2003). The project site has the potential for severe shaking in the event of a major earthquake on this or other nearby faults. The following mitigations measures shall be implemented: a. The applicant shall comply with all the recommendations within the Supplemental Geotechnical investigation, prepared by Geocon Inc., dated June 17, 2003. 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site is relatively flat will be developed in accordance with' City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result of this project. 8. c.: Less Than Significant Impact: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. A geotechnical investigation has been prepared for the R:ID P\2002102-0364 Roripaugh Town Cente~lnitial Study Rancho T emecula Center-1.doc 9 proposed project (Geocon, Inc., June 17, 2003) and has not identified any geologic unit or unstable soils that would become unstable. The project is required to comply with the recommendations in the investigation prepared by Geocon Inc., dated June 17, 2003. . 6. d.: No Impact: The project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. The geotechnical investigation prepared by Geocon Inc., dated June 17, 2003 identifies the soils on the project site as "very low to low expansion potential as defined in the Uniform Building Code (UBC) Table No. 18-1-B. The project is required to comply with the recommendations in the investigation report prepared by Geocon Inc., dated June 17, 2003. 6. e.: No Impact: The project site will not utilize septic tanks. A public sewer system is available and approyals from the Department of Environmental Health for solid wastes and waste water will be required. The project will connect to the public sewer system. No impacts are anticipated as a result of this project. . . R:ID P\2002102-0364 Roripaugh Town Center\lnitial Study Rancho Temecula Center-l.doc 10 HAZARDS AND HAZARDOUS MATERIALS. Would the project: h. Create a significant hazard to the public or the environment through the routine transportation, use, or dis osal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- uarter mile of an existin or ro osed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workin in the ro'ect area? For a project within the vicinity of a private airstrip, would ¡he project result in a safety hazard for people residing or workin in the ro'ect area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation Ian? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x a. b. x c. x d. x e. x x g. x x Comments: 7. a.: No Impact: The project will not create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The proposed project consists of retail commercial uses and will not generate hazardous materials that would create a significant hazard. Typical transportation, use and disposal of wastes associated with commercial uses are anticipated, however these are not considered potentially significant. No impacts are anticipated as a result of the proposed project. 7. b.: No Impact: The proposed project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The proposed project consists of general commercial uses. The releases of hazardous 8aterials into the environment are not anticipated as a result of the proposed project. No impact is anticipated s a result of the proposed project. RIP P\2002\02-Q364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-1.doc 11 7. C.: Less Than Significant Impact: The proposed project is located within one-quarter mile of an existing high school. However, the proposed project is not anticipated to emit substantial emissions, materials or wastes that would create a significant impact. The project is required to implement mitigation measures t8 reduce air quality emissions as required in the Air Quality analysis. A less than significant impact is anticipate as a result of the proposed project. 7. d.: No Impact: The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project 7. e.: Less Than Significant Impact with Mitigation Measures: The proposed project is located within the French Valley Airport Comprehensive land Use Plan (CLUP). The Airport Land Use Commission (ALUC) has reviewed the proposed project. An approval letter dated July 22, 2004 has been submitted to the City and includes conditions of approval for the project. The applicant shall comply with the conditions of approval, which have been incorporated into the mitigation measures below. The applicant shall comply with the following mitigation measures: a. The applicant shall comply with the conditions of approval of the ALUC for file No FV-04-104,dated July 22,2004. The following conditions of approval apply: 1. Provide avigation easements to the French Valley Airport prior to sale of any property to any entity exempt from the Subdivision Map Act, prior to recordation of any map, or issuance of any permit, whichever occurs first. 2. The notice, attached to the approval letter, dated July 22, 2004, shall be provided to each prospective buyer and/or tenant. 3. No obstruction of the "FAR Part 77 Conical Surface" shall be permitted. . 4. Install hooded or shielded outdoor lighting to prevent either the spillage of lumens or reflection into the night sky (lights must directed downward). 5. The following uses shall be prohibited: i. Any use which would direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following take off or toward an aircraft engaged in a final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. ii. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport iii. Any use which would generate smoke or water yapor or which would attract a large concentration of birds, or which may otherwise affect safe air navigation within the area. iv. Any use which would generate electrical interference that may be detrimental to any operation of aircraft and/or aircraft instrumentation. 6. No above ground storage of flammable materials shall be allowed. . R:ID P\2002\O2-o364 Roripaugh Town Center\lnitial Study Rancho Temeoula Center-1.doc 12 7. f.: No Impact: The proposed project is not within the vicinity of a private airstrip, would not result in a safety hazard for people residing or working in the project area. No impact is anticipated as a result of the proposed 80ject 7. g.: No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7. h.: No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. . . R:ID P\2002102-D364 Roripaugh Town CenterllnitiaJ Study Rancho Temecula Center-1.doc 13 8. HYDROLOGY AND WATER QUALITY. Would the project: a. b. c. d. e. f. g. h. Violate any water quality standards or waste discharge re uirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which ermits have been ranted? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ora stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in floodin on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of olluted runoff? Otherwise substantiall de rade water uali ? Place housing within a 1 OO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation ma? Place within a 1 OO-year flood hazard area structures which would im ede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation b seiche, tsunami, or mudflow? x x x x x X X X X X Comments: 8. a.: Less Than Significant Impact: The proposed project would not violate any water quality standards or waste discharge requirements because the proposed project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards. An Army Corps of Engineers permit may be required if the project proposes the inclusion of discharge or dredged or fill material into, including any redeposit of dredged materials within "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. The applicant is required to consult with the Department of the Army to determine the appropriate permits required, if any. A less than significant impact is anticipated as a result of the proposed project. . 8. b.: No Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering R:ID P\2002102-Q364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-1.doc 14 of the local groundwater table level. The proposed project is required to comply with local development standards, including lot coverage and landscaping requirements, which will allow percolation and ground water .charge. The nearest water wells are located along Margarita Road, north of the Santa Gertrudis and inchester Road and along Nicolas Road, east of Leon Road. No impact is anticipated as a result of the proposed project 8. c.: Less Than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on-or off-site. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 8. d.: Less Than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site because the project will not alter the course of a stream or river. The project is located adjacent to the San Gertrudis creek, however it will not result in flooding. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on-site drainage and that off-site drainage facilities can accommodate additional flow. A less than significant impact is anticipated as a result of the proposed project 8. e.: Less Than Significant Impact: The proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial A!ditional sources of polluted runoff. The project is required to comply with Best Management Practices ~MP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff. A less than significant impact is anticipated as a result of the proposed project. 8. f.: No Impact: The proposed project would not otherwise degrade water quality because the proposed project is not considered a significant pollutant generator and will not include excessive fertilizer application or other similar materials that could degrade water quality. No impact is anticipated as a result of the proposed project. 8. g.: No Impact: The proposed project is not a residential project and therefore will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact is anticipated as a result of the proposed project 8. h.: Less Than Significant Impact: The proposed project is partially located within a 100 year flood boundary as shown in the Final EIR for the City of Temecula General Plan. The project will place structures within a 1 DO-year flood hazard area, however they will be required comply with FEMA standards and will not impede or redirect flood flows. As a condition of approval a drainage plan is required; this plan will address flow and drainage facilities. A less than significant impact is anticipated as a result of the proposed project. 8. i.: No Impact: The proposed project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. The proposed project is located in a Dam Inundation area for the Lake Skinner Dam. Said dam is a 43,800 acre-feet earthen dam located to the north east (approximately 15 miles) and a failure would result in the flooding of the Santa 8ertrudis creek. In the event of a massive dam failure, there is a potential for structure loss, however this is on side red a remote potential. Minor dam failure would not result in significant loss of structures or loss of life, injury or death on the project site. No impact is anticipated as a result of the proposed project. RID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-1.doc 15 8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. . . . R:ID P\2002102-0364 Roripaugh Town Conter\lnitial Study Rancho Tomeoula Center-1.doc 16 LAND USE AND PLANNING. Would the project: Ph sicall divide an established communi? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? x c. Comments: 9. a.-c: No Impact: The proposed project is currently zoned commercial (Neighborhood Commercial, NC) and will not divide an established community or conflict with the applicable land use plan. The long term vision of the project is planned for commercial uses to provide services to the surrounding residential areas. The project is not subject to a habitat conservation plan or a natural community conservation plan. The Multi-Species Habitat Conservation Plan (MSHCP) does not identify the project site as a critical site subject to additional studies or review. No impact is anticipated as a result of the proposed project. . . R:ID P\2002102-Q364 Roripaugh Town Center\lnitial Study Rancho Temecula Center-1.doc 17 10. MINERAL RESOURCES. Would the project: b. x Comments: 10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the proposed project. . . R:\D P\2002102-o364 Roripaugh Town Center\lnitial Study Rancho Temecula Center-l.doc 18 . NOISE. Would the project result in: e. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other a encies? Exposure of persons to or generation of excessive roundborne vibration or roundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the ro'ect area to excessive noise levels? x b. c. x d. x x f. x Comments: 11. a.-c, e. f..: Less Than Significant Impact: The proposed project consists of general retail uses such as restaurants and markets and is located on the northeast corner of Highway 79 South and Nicolas Road. The General Plan allows noise levels in commercial centers no greater than 70 CNEL. The City of Temecula General Plan and EIR have forecasted noise levels for this area to be within 70 CNEL. There may be temporary noise levels in excess of the maximum noise levels permitted in the General Plan during construction activities and during peak hour traffic periods. However this will be temporary in nature and is associated with typical commercial development. A final noise analysis is required in order to determine if special construction materials are required. Hours of operation for construction activities, consistent with the City's noise element in the General Plan will be enforced. The project is located near the French Valley Airport and is subject to the Airport Land Use Commission (ALUC). The ALUC has reviewed the proposed project and has determined it to be acceptable. A less than significant impact is associated due to noise levels from the airport. The French Valley Airport is a small scale airport and does not allow for large commercial jets. The airport is typically used as a small engine propeller recreation airport. There is not a private airstrip in the vicinity of the project that would potentially impact the project site. 11.d: Less Than Significant Impact with Mitigation Measures: The General Plan noise element identifies the project site as an area that may include noise levels in excess of the maximum CNEL permitted in a commercial zone. A maximum noise level of 70 CNEL is permitted for commercial uses. The proposed project is located along Highway 79 North and may be subject to periodic noise levels that require noise attenuation measures. Buildings and outdoor dining areas along the highway may be subject to noise levels that require .itigation measures. The project shall be subject to the following Mitigation Measures: a. A final noise analysis shall be prepared verifying the type of construction materials required for all buildings and exterior dining areas in order to comply with the minimum noise attainment levels. R:ID P\2002102-0364 Roripaugh Town Center\lnilial Study Rancho Temecula Center-1.doc 19 Said study shall address noise levels for interior and exterior areas, including outdoor dining areas. b. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of- construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specificallyW Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays . . R:ID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-1.doc 20 POPULATION AND HOUSING. Would the project: b. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of re lacement housin elsewhere? x a. x c. x Comments: 12. a.-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The project site is a commercial project and residential uses are not proposed. The project site is vacant and will not displace substantial numbers of people or existing housing, as the site is developed within a commercial zone. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. . . RID P\2002\O2.0364 Roripaugh Town Centerllnitial Study Rancho Temeoula Center-1.doc 21 13. PUBLIC SERVICES. a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: x Fire rotection? Police rotection? Schools? Parks? Other ublic facilities? x X X X X Comments: 13. a.: Less Than Significant Impact: The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some services. However, the project will contribute its fair share through City Development Impact Fees to be used to provide public facilities. The project will not have an impact upon, and will not resula in a need for new or altered school facilities. The project will not cause significant numbers of people tW relocate within or to the City. The project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this project. A condition of approval has been placed on this project that will require the proponent to obtain 'Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential and commercial development, so extending service to this site is possible, which would result in less than significant impacts as a result of the project. . RID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temecula Center-1.doc 22 b. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilit would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? x a. x Comments: 14. a.: No Impact: The project is a commercial project in a commercial zone. The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this project is not anticipated. No impacts are anticipated as a result of this project. 14. b.: No Impact: The proposed project does not include an open space or recreational aspect to the project. Furthermore, the project will not require the construction or expansion of additional recreational facilities. No empacts are anticipated as a resultof the proposed project. . R:ID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temecula Center.1.doc 23 15. TRANSPORTATIONfTRAFFIC. Would the project: a. x b. x c. x d. x e. f. g. x X X Comments: . 15. a.-b: Less Than Significant with Mitigation Measures: A traffic analysis and two supplemental traffic analysis has been prepared for the proposed project; "Traffic Study for Rancho Temecula Town Center, Katz, Okitsu & Associates, July, 2003", "Alternative Analysis for Winchester Road at Nicolas Road, Katz, Okitsu & Associates, July 27,2004" and 'Winchester Road at Nicolas Road, Katz, Okitsu & Associates, September 15, 2004." The proposed project is located on the southeast corner of Nicolas Road and Winchester Road. Winchester Road is also known as Highway 79 North, which is subject to Caltrans jurisdiction. The traffic studies found that the intersection of Winchester Road at Nicolas Road would need to be improved, in order to maintain a Level of Service (LOS) of D or better, due to expected cumulative development in the area. It was recommended that near-term improvements could be achieved without widening of Nicolas Road. The City's Traffic Engineer has determined that at a minimum, additional dedication of right-of-way is required for the proposed project along with either: A. Improving the intersection at Winchester Road and Nicolas modification for the westbound Nicolas approach to provide i. two left turn lanes ii. one through lane and iii. one right turn lane Road including a signal The City of Temecula City Engineer shall have the discretion to determine which improvement is required in order to provide an adequate LOS for the intersection in question. With the above mentioned improvements. the LOS for the intersection will maintain a LOS of D or better at all times, including peak hours. R:\D P\2002102-0364 Roripaugh Town Centei\lnitial Study Rancho Temecula Center-1_doc 24 Table 1, below shows the delays and levels of service for the intersection for existing and near-term scenarios, assuming no mitigation. With no mitigation, the intersection would function at an LOS that is not acceptable 8der the City of Temecula General Plan. Table 1 - Delay and Level of Service Intersection AM Peak f:lour Delay Level of Service PM Peak Hour Delay Level of Service Existing Conditions 27.4 C 23.2 D Future Without Project 33.6 C 38.4 D Traffic Future With Project Traffic 35.2 D 75.7 E Note: Delay is in seconds per vehicle, average, The supplemental traffic study, dated September 15, 2004 identifies two potential scenarios that would mitigate the near term future impacts for the proposed project together with cumulative development impacts in the surrounding area. Table 2 shows the LOS that would be maintained if the mitigation included for split phase operation and included a left-turn land, an optional through-and-Ieft-turn lane, and a right-turn land for westbound Nicolas Road at Winchester Road. Table 2 - Delay and Level of Service With Split-Phase Signal Mitigation . Intersection AM Peak Hour Delay Level of Service PM Peak Hour Delay Level of Service D 29.8 C Future With Project Traffic 37.4 Note: Delay is in seconds per vehicle, average, Table 3 shows the LOS that would be maintained if the mitigation included two left turn lanes on Nicolas Road using conventional signal phasing by converting one of the through lanes into a left turn lane. Table 3 - Delay and Level of Service With Two Left Turn Lanes Intersection AM Peak Hour Delay Level of Service PM Peak Hour Delay Level of Service C 35.7 D Future With Project Traffic 28.2 Note: Delay is in seconds per vehicle, average, Table 2 and 3 both include improvements to the intersection that would mitigate the impacts to a LOS of D or better, which is consistent with the City of Temecula General Plan. In addition, the dedication of additional _right-of-way will provide the ultimate right-of-way for future road improvements that will serve development in e area (Roripaugh Ranch Specific Plan). These improvements along with the dedication would mitigate the raffic and circulation impacts to a less than significant level. R:\D P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temeoula Center-1.doc 25 In addition, the City of Temecula City Engineer may require a traffic signal to be installed along Nicolas Road, approximately 700 feet south of the Nicolas Road and Winchester Road intersection. This signal would be required in order to provide additional access into the project site, thus reducing the amount of vehicles. accessing the site directly from Winchester Road. A controlled intersection to and from the site allows for safe turning movements and reduces the potential for traffic backing onto public streets. The following Mitigation Measures are required for the proposed project: a. Install a traffic signal at the intersection of Nicolas Road, approximately 700 feet east of the centerline of Highway 79 North (Winchester Road) or as approved by the Director of Public Works, b. Dedicate adequate right-of-way along westbound Nicolas road to allow additional lanes for ultimate road width, c. Submit a final traffic analysis prior to recordation of Tract Map No. 30719, d. Improve the intersection at Winchester Road and Nicolas Road including a signal modification for the westbound Nicolas Road approach (from northbound Nicolas Road to westbound Winchester Road) to provide: i) ii) iii) two left turn lanes, one through lane, and one right turn lane. The City of Temecula City Engineer shall have the final discretion to modify the mitigation measures mentioned above upon final review of the final traffic analysis. . 15. c.: No Impact: The proposed project has been reviewed by the Airport Land Use Commission (ALUC) and it was determined that the proposed project will not have an impact on the air traffic patterns and will not result in a substantial safety risk. No impacts are anticipated as a result of the proposed project. 15. d.: Less Than Significant Impact: The proposed project does not include the extension, construction or modification of any traffic patterns that would create sharp curves, dangerous intersections or establish incompatible uses that create a potentially significant impact. The proposed project is required to dedicate additional right-of-way for future turning lanes, however the dedication would not create an unsafe intersection, curve or traffic pattern. The applicant is proposing a monument sign at the corner of the intersection, which will require additional dedication of right-of-way, however, conditions of approval are in place that require the monument sign to provide adequate and safe visual clearances. 15. e.: No Impact: The proposed project includes four access points and proposes a fifth access point (easement) from the parcel to the east. The fifth access point will be provided once the project to the east is constructed. The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided. In addition, on-site circulation has been reviewed using the emergency yehicle turning radius templates and it has been determined that on-site circulation is adequate for emergency vehicles. 15. f.: No Impact: The proposed project requires a total of 729 parking spaces. A total of 976 parking spaces are provided. No impact is anticipated as a result of the proposed project. ' 15. g.: No Impact: The Riverside County Transit Agency (RTA) has submitted a letter requesting a bus tur8 out. The proposed project has provided a bus turn-out as requested by the RTA. The applicant shall comply with the standards as set forth by the AT A. No impact is anticipated as a result of the proposed project. R:ID P\2002102-0364 Roripaugh Town Centerllniliai Study Rancho Temeoula Center-l.doc 26 b. c. d. e. f. . UTILITIES AND SERVICE SYSTEMS. Would the project: Exceed wastewater treatment requirements of the a licable Re ional Water Qualit Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or ex anded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the ro'ect's solid waste dis osal needs? Comply with federal, state, and local statutes and re ulations related to solid waste? x x x x x x Comments: 16. a. b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16. c.: Less Than Significant Impact: The project will require on-site storm drains to be constructed. The project may require various State and Federal Permits. The project will include the construction of underground storm drains and drainage swales in various locations within the project site. No off-site storm drains or expansion of existing facilities are required as a result of this project. Riverside County Flood Control and Water Conservation District has reviewed the proposed plan and has determined that the proposed project would not be impacted by District Master Drainage Plan facilities. Less than significant impacts are anticipated as a result of this project. ' 16. d.: No Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. The project will have an incremental effect upon existing systems. While the project will have an incremental impact upon existing systems, the Rancho California Water District has provided "water available" letters to the City indicating water resources are available to serve to proposed project, provided the applicant signs an Agency Agreement with the Water District. The proposed project is also consistent with the General _Ian and the General Plan Final EIR in regard to use and policies. Since the project is consistent with the ity's General Plan, no significant impacts are anticipated as a result of this project. RID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho T emacula Center.t.doc 27 16. f. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts. are anticipated as a result of this project. . . RID P\2002102-0364 Roripaugh Town Centerllnitial Study Rencho Temecula Center-1.doc 28 . MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: c. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo or rehisto ? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ro'ects, and the effects of robable future ro'ects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directl or indirect! ? x a. b. x x Comments: .. a.: Less Than Significant Impact with Mitigation Measures: The project will not degrade the quality of the environment on site or in the vicinity of the project. The developer may be required to obtain various State and Federal Permits including, Clean Water Act Section 401 permit from the U.S. Army Corps. of Engineers and clearance from the State Regional Water Quality Control Board (RWQCB). A traffic analysis has been completed and was reviewed by the City's Traffic Engineer to identify traffic calming devices and mitigation measures to maintain an acceptable level of service as required in the General Plan. 17. b.: Less Than Significant Impact with Mitigation Measures: The individual effects from the project are less than significant with Mitigation Measures incorporated into the project. The project will not have a cumulative effect on the environment since the project site is a commercial area in an urban area, surrounded by development. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place, the project will be consistent with the Specific Plan, General Plan and Development Code, the cumulative impacts related to the future development will not have a significant impact. 17. c.: Less Than Significant Impact with Mitigation Measures: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The commercial project will be designed and developed consistent with the Specific Plan, Development Code, and the General Plan. Mitigation Measures are required in order to reduce impact to a less than significant level. . R:ID P\2002102-0364 Roripaugh Town Centerllnitial Study Rancho Temeoula Center-1.doc 29 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CECA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. b. c. 1. 2. 3. 4. 5. 6. 7. 8. 9. Earlier anal ses used. Identi earlier anal ses and state where the are available for review. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b miti ation measures based on the earlier anal sis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-s ecific conditions for the ro'ect. ' SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quality Management District CEQA Air Quality Handbook. Traffic Study for Rancho Temecula Town Center in the City of Temecula, Katz, Okitsu & Associates, October, 2003, July 27, 2004 and September 15, 2004 Airport Land Use Commission Development Review, Riverside County, Conditions of Approval for file. No. FV-04-104, July 22, 2004 Historical/Archaeological Resources Survey Report, Rancho Temecula Town Center, CRM Tech, November 24,2003. Supplemental Geotechnical Investigation, Rancho Temecula Town Center, Geocon Inc., June 17, 2003. Hydrology and Hydraulic Report for Roripaugh Town Center, SB&O, Inc., July 22,2004 Roripaugh Ranch Specific Plan Mitigation Monitoring Program and Development Agreement, November 26, 2002 . R:\D P\2002\O2-0364 Rortpaugh Town Centei\lnitial Study Rancho Temeoula Center-l.doc , ~ . . . EXHIBIT B MITIGATION MONITORING PROGRAM R,\D P\2002102-0364 Roripaugh Town CenterlSTAFF REPORT-dot 14 . . . Mitigation Monitoring Program Rancho Temecula Town Center PAO2-0360, PAO2-0363, PAO2-0364, PAO2-0365 and PAO4-0540 A-1 : Comply with Riverside County Mount Palomar Ordinance 655. All lighting shall be fully shielded, directed down and parking lot lighting shall be low-pressure sodium. Decorative lighting shall be shut-off by 11 :00 P.M. A-2: The applicant shall comply with the City of Temecula Development Code and Design Guidelines for General Commercial lighting standards, which require minimum and maximum lighting levels in parking lot areas, loading areas, pedestrian circulation areas, primary building entries and lighting at project boundaries. Initial Study I Submit photometric plans and Planning and lighting plan prior to issuance of Building building permit Departments Initial Study I Submit photometric plan, Planning and electrical plan and lighting plan Building prior to issuance of building Departments permit B-1: The applicant shall submit a final URBEMIS 2002 air quality study which identifies air pollution levels during construction activities. Said study shall be prepared in accordance with the South Coast Air Qualitv Manaaement District. Prior to issuance of grading permit, submit an URBREMIS 2002 air quality survey Mitigation Measure Source Implementation Schedule Responsible Party Status/Data Initials B-2: City of Prior to issuance of building Community Services The applicant shall construct bicycle lanes in the Temecula permit, submit street and Public Works right-of-way as shown on the City's Master Trail Master Trails improvements Plans and Departments plan and subject to the approval by the City of Plan construct bicycle lanes as Temecula Community Services Department. approved by the Community Services Department and Public Works Department. B-3: City of Prior to issuance of building Community Services The applicant shall provide a clear path with Temecula permit, submit plans showing and Planning pedestrian signs to/from the San Gertrudis Creek General Plan path(s) of travel, along with Department trail to promote alternative transportation. identification signs from the project site to Santa Gertrudis Creek, to be shown on the construction plans. B-4: City of Prior to issuance of grading RTA, Public Works The applicant shail coordinate with the Riverside Temecula permit, provide verification from and Planning Transit Agency (RTA) to determine if a bus turn- General Plan the RTA showing coordination Departments out or other mass transit services are feasible for for bus turn out. Final the project site. Written authorization shall be determination of services shall submitted to the City of Temecula be provided prior to issuance of buildina Dermit. B-5: City of Prior to issuance of a grading Planning and Public The applicant shall submit a final landscape plan Temecula permit, the applicant shall submit Works Departments for the project site incorporating native drought- General Plan a Final landscape plan showing resistant vegetation, mature trees. If more than drought tolerant landscaping as 100 days elapses from the time grading is well as any temporary complete and beginning of construction, the City hydroseeding for areas not of Temecula may require temporary landscaping planned for construction within to reduce the amount of dust and prevent dust 100 days of the completion of and erosion grading activities. "'- . 2 . . . . . Mitigation Measure Source Implementation Schedule Responsible Party Status/Data Initials B-6: City of Prior to the issuance of a grading Planning and Public Prior to the issuance of a grading permit, the Temecula permit, the applicant shall Works Department applicant shall verify that all earth moving and General Plan provide a note on the grading large equipment are properly tuned and plans that all earth moving maintained to reduce emissions. In addition, equipment are properly tuned alternative clean-fueled vehicles shall be used and maintained in a manner that where feasible. Construction equipment should reduces emissions to the be selected considering emission factors and greatest extent feasible. energy efficiency This measure shall remain in plans during all earthmoving activities. B-7: City of Ongoing during all earthmoving Electrical and/or diesel-powered equipment Temecula and construction activities should be Utilized in-iieu of gasoline-powered General Plan enaines B-8: City of Ongoing during all earthmoving Planning and Public During construction and grading phases, the Temecula and construction activities. A Works Departments project site shall be watered down in the morning General Plan note on the grading plan shall before grading and/or construction begins and in and Initial verify watering down of the the evening once construction and/or grading is Study project site will take place on a complete for the day. The project site shall be continuous basis. watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. B-9: City of Prior to issuance of grading Planning and Public Prior to the issuance of a grading permit, a Temecula permit Works Department watering program shall be submitted to the City General Plan of Temecula Planning Department for approval. and Initial Said program shall include control of wind-blown Study dust on site and on site access roadwavs 3 Mitigation Measure, B-10: All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. B-11 : Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported. Source City of Temecula General Plan and Initial Study City of Temecula General Plan and Initial Study Implementation Schedule Ongoing during all earthmoving activities. A note on the grading plans shall verify the all trucks delivering fill to the site will comply with this measure. Prior to the issuance of a grading and building permit, the applicant shall provide verification that a ridesharing program has been encouraged for each contactor and sub-contractor and will be supported by each company. Responsible Party Planning and Public Works Departments Planning and Public Works Departments Status/Data Initials C-1: Prior to the issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site . Prior to issuance of a grading permit, the applicant shall provide documentation to the City of Temecula verifying that an agreement has been signed by the land owner and Pechanga Band of Luiseno Indians pertaining to cultural resources and human remains discovered on-site. 4 . . . . . Mitigation Measure Source Implementation Schedule Responsible Party Status/Data Initials C-2: Initial Study Prior to issuance of a grading Planning The landowner agrees to relinquish permit, the applicant shall Department ownership of all cultural resources, including provide documentation to the archaeological artifacts found on the project City of Temecula verifying that site, to the Pechanga Band of Luiseno an agreement has been signed Indians for proper treatment and disposition. by the land owner and Pechanga Band of Luiseno Indians pertaining to cultural resources and human remains discovered on-site. C-3: Initial Study ON-going during all earthmoving Planning Department The applicant shall provide an on-site activities; or until the Pechanga archaeological and paleontological Band of Luiseno Indians and the monitoring during all phases of earthmoving monitor both agree that activities. monitoring is no longer necessary. A letter stating such shall be submitted to the City of Temecula. C-4: Initial Study On-going during all earthmoving Planning Department If sacred sites are discoyered during ground activities. disturbing actiyities, they shall be avoided and preserved. 5 D-1: The site development shall be constructed in accordance with the recommendations within the Supplemental Geotechnical investigation, prepared by Geocon Inc., dated June 17, 2003 D-2: The project shall comply with Best Management Practices (BMP's) as well as all applicable National Pollution Discharge Elimination Systems (NPDES) regulations . Geotechnical Investigation and Initial Study Initial Study Ongoing during all construction activities and upon issuance of grading and building permit Ongoing during all construction activities. Prior to issuance of a grading permit and building permit, the applicant shall obtain the necessary permits from Regional Water Quality Control Boards and provide verification that the project will comply with the appropriate standards 6 . Building and Public Works Departments Public Works Department . . . . E-1: The applicant shall comply with the conditions of approval of the ALUC for file No FV-04-104, dated July 22, 2004. Airport Land Use Commission Conditions of Approval, dated July 22,2004 Shall be made as part of the project approval and incorporated into the CC&R's. Restrictions include providing avigation easements, shielding of lighting, shall not obstruct the FAR Part 77 Conical Surface, notification of future purchasers of the land, and prohibiting those uses as indicated in the Conditions of Approval, dated July 22, 2004 Planning Department 7 F-1: A final noise analysis shall be prepared verifying the type of construction materials required for all buildings and exterior dining areas in order to comply with the minimum noise attainment levels. Said study shall address noise levels for interior and exterior areas, including outdoor dininç¡ areas. F-2: Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. . Initial Study and General Plan Municipal Code Prior to issuance of a building I Planning Department permit, the applicant shall submit a final noise analysis. Ongoing during all construction and grading activities Building Department 8 Status/Data Initials . . . . G-1: Improving the intersection at Winchester Road and Nicolas Road to provide a signal modification for the westbound Nicolas approach (From northbound Nicolas to westbound Winchester Road) to provide for two left turn lanes, one through lane and one right turn lane G-2: Dedicate adequate right-of-way along westbound Nicolas road to allow additional lanes for ultimate road width G-3: Install a Traffic Signal on Nicolas Road, approximateiy 700 feet east of the center-line of Highway 79 North (Winchester Road). Said signal shall serve traffic in all directions (four- way), Source Traffic Study and Initial Study General Plan and Initial Study Traffic Study and Initial Study Implementation Schedule Shall be completed prior to certificate of occupation for any structure on the project site. Upon recorqation of Final Map and/or prior to issuance of building permit Shall be completed prior to certificate of occupation for any structure on the project site. Status/Data Initials Planning and Public Works Departments Public Works Departments Public Works Department G-4: Prior to the issuance of a Public Works Submit a final traffic anal sis buildin ermit De artment The City of Temecula Traffic Engineer shall have the final discretion to modify the traffic mitigation measures mentioned above upon final review of the final traffic analysis. 9 . . . EXHIBIT C CITY COUNCIL RESOLUTION 04-- MITIGATED NEGATIVE DECLARATION R,\D 1'\2002102-0364 Roripaugh Towu CeutensTAFF REPORT.dot 15 . . . RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE RANCHO TEMECULA TOWN CENTER, GENERALLY LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD AND KNOWN AS ASSESSOR P~RCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02- 0360, 02-0363, 02-0364, 02-0365 AND 04-0540). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Pacific Development Partners, LLC filed Planning Application No. PA02-0360 General Plan Amendment; PA02-0363 Specific Plan Amendment; PA02-0365 Tentative Parcel Map; PA02-0364 Development Plan; and PA04-0540 Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code and an initial study was prepared in accordance with CEQA Guidelines; and, B. The applications for the Project were processed and an environmental review was conducted as required by the California Environmental Quality Act; and, C. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the application of the Project and environmental review, at which time the City staff and interested persons has an opportunity to, and did testify either in support or opposition to this matter; and, D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2004-_, recommending the City Council approval of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Project. E. On , 2004 and 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On ,2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-_; Section 2. The City Council of the City of Temecula hereby makes the following findings: A- Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an initial study of the potential environmental effects of the proposed Project. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the project could have a significant effect on the R:ID P\2002102-Q364 Roripaugh Town Centei\PC and CC Draft Reso Mitigated Neg Dee.doc 5 environment and a Mitigated Negative Declaration has been prepared. A copy of the Initial Study, Negative Declaration and Mitigation Monitoring Program are attached hereto as Exhibit "A" and incorporated herein by reference. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law and copies of the documents have been available for public review and inspection at the offices of the Planning Department, located at City Hall, 43200 Business Park Drive, Temecula, CA 92589. C. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration. The Project and the Mitigated Negative Declaration were discussed at a public hearing of the City Council held on . 2004. D. The Mitigated Negative Declaration was prepared in compliance with CEQA. E. There is no substantial evidence that the Project, as conditioned, will have a significant effect on the environment. F. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. G. The Mitigation Monitoring Program set forth in the Mitigated Negative Declaration has been prepared in accordance with law. Section 3. The City Council of the City of Temecula hereby approves the Mitigated Negative Declaration for the Project and approve the Mitigation Monitoring Program for the Project as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 4. PASSED, APPROVED AND ADOPTED on this -' day of _,2004. Michael S. Naggar, Mayor ATTEST: Susan Jones, CMC, City Clerk SEAL] R:\D Pl2002102-Q364 Roripaugh Town CenterlPC and CC Draft Raso Mitigated Neg Dee.doc 6 . . . . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 2004 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS Susan Jones, CMC, City Clerk R:ID P\2002102-0364 Roripaugh Town CenterlPC and CC Draft Reso Mitigated Neg Dee.doc 7 . . . ATTACHMENT NO.3 PC RESOLUTION 2004"- GENERAL PLAN AMENDMENT R,\D 1'\2002102-0364 Roripaugh Town CentetlST AFF REPORT.dot ]4 . . . PC RESOLUTION NO. 2004-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGI:fBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) ON 20.2 ACRES," GENERALLY LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, AND GENERALLY KNOWN AS ASSESSOR PARCEL NO. 920-100- 001 THROUGH 920-100-013 (PA02-0360). WHEREAS, Pacific Development Partners, LLC, filed Planning Application Nos. PA02- 0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0364, Tentative Parcel Map PA02-0365; Development Plan, PA02-0365; and PA04-0540, Conditional Use Permit for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"); WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, , WHEREAS, the Planning Commission considered the Application on October 20, 2004, 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, The Planning Commission adopted Resolution No. 04-----, recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approval of the Application and certify the Negative Declaration and adopt the Mitigation Monitoring Program subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. 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. Findinas. The Planning Commission in recommending approval of the Application makes the following findings: A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. R:ID P\2002102-0364 Roripaugh Town Center\PC and CC GPA Praft RESOLUTION.doc 1 B. The proposed amendment will not have an impact on the character of the surrounding area. . Section 3. Recommendation. The Planning Commission for the City of Temecula hereby recommends that the City Council approve the Application to amend the adopted General Plan Land Use designations on the property identified as Assessor's Parcel Numbers 920-100-001 through 920-100-013 from Neighborhood Commercial (NC) to Community Commercial (CC). Section 5. PASSED, APPROVED AND ADOPTED this 20th day of October 2004. John,Telesio, Chairman ATTEST: 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. 2004-- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 20th day of October 2004 by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: Debbie Ubnoske, Secretary . R:\D P\2002\O2-Q364 Roripaugh Town Center\PC and CC GPA Draft RESOLUTION.doc 2 . . . EXHIBIT A PROPOSED GENERAL PLAN DESIGNATION R:ID P\2002102-0364 Roripaugh Town Cente~PC and CC GPA Draft RESOLUTION,doc 3 . . . Proposed Gen-erétlP'lan Desi~na;tion . . . EXHIBIT B CITY COUNCIL RESOLUTION 04- GENERAL PLAN AMENDMENT R:ID P\2002102-0364 Ror/paugh Town Center\PC and CC GPA Draft RESOLUTION.doc 4 . . . RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) ON 20.2 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, AND KNOWN AS ASSESSOR PARCEL NOS. 920-100-001 THROUGH 920-100- 013 (PA02-0360) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the city, bears a relationship to its planning; and B. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment, PA02-0363 for ¡he property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"); C. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; D. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Program; and F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a General Plan Amendment; and, G. The City Council has held a duly noticed public hearing on consider the proposed General Plan Amendment; and ,2004 to H. On , 2004 and 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:ID P\2002102-0364 Roripaugh Town CenterlPC and CC GPA Draft RESOLUTION.doc 5 I. On ,2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-~; . J. On ,2004, the City Council of the City of Temecula approved a General Plan Amendment for the Project when it approved Resolution No. 04- Section 2. following findings: Findinas. The City Council of the City of Temecula hereby makes the A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. B. The proposed amendment will not have an impact on the character of the surrounding area. Section 3. Amendments to the General Plan Land Use Map. The City Council hereby amends the General Plan Land Use Designations for the City of Temecula for 20.2 acres, located on the northeast corner of Winchester Road and Nicolas Road, generally known as Assessor Parcel Numbers 920-100-001 through 920-100-013 from Neighborhood Commercial (NC) to Community Commercial (CC). Section 4. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. . Section 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _th day of Section 5. 2004. Michael S. Naggar, Mayor ATTEST: Susan Jones, CMC, City Clerk [SEAL] . R:\D P\2002\O2-0364 Roripaugh Town Center\PC and CC GPA Draft RESOLUTION.doc 6 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 2004 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS Susan Jones, CMC, City Clerk RID P\2002102-0364 Roripaugh Town Center\PC and CC GPA Draft RESOLUTION.doc 7 . . . ATTACHMENT NO.4 PC RESOLUTION NO. 2004-- SPECIFIC PLAN AMENDMENT RID P'l2002102-0364 Roripaugh Town Cent"ISTAFF REPORT.dot 15 . PC RESOLUTION NO. 2004-- 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 AMENDING THE LAND USE DESIGNATION OF THE RORIPAUGH ESTATES SPECIFIC PLAN FROM NEIBHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) AND REVISE THE DESIGN GUIDELINES AND DEVELOMENT STANDARDS FOR PLANNING AREA 9," LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD (PLANNING APPLICATION PA02- 0363)" WHEREAS, Pacific Development Partners, LLC, filed Planning Application Nos. PA02- 0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0364, Tentative Parcel Map PA02-0365; Development Plan, PA02-0365; and PA04-0540, Conditional Use Permit for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"); . WHEREAS, the Planning Commission held a duly noticed public hearing on October 20, 2004, and recommended that the City Council approve the attached amendments to the Roripaugh Estates Specific Plan; and WHEREAS, this Resolution complies with all the applicable requirements of State law and local law, including local ordinances and the California Environmental Quality Act and; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on October 20, 2004 to consider the applications for the Project and environmental review, 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; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Applications subject to and based upon the findings set forth hereunder WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; and, WHEREAS, The Planning Commission adopted Resolution No. 04-_, recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; Resolution No. 04-_, recommending the City Council approve a General Plan Amendment; Resolution No. 04-_, recommending the City Council approve a Tentative Parcel Map, Resolution No. 04-_, recommending the City Council approve a Development Plan; and Resolution No. 04-_, recommending the City Council approve a Conditional Use Permit; . WHEREAS, The Planning Commission adopted Resolution No. 04-- recommending the City Council approve a Specific Plan Amendment; R:\D P\2oo2102-0364 Roripaugh Towu CeuterIPC and CC Deaf! RESOLUTION SPA.doc 1 WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Application, and certify the Negative Declaration and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the related City of Temecula General Plan Amendment; . WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinas. The Planning Commission, in approving Planning Application No. 02-0363 hereby finds that the land use amendment, design guidelines and development standards is consistent with related General Plan Amendment for the City of Temecula, the site is physically suitable for the type of uses that could eventually occur in this area, and the proposed specific plan amendment would further the City's long-term economic development goals. Section 2. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 3. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City' Council adopt Ordinance 04- amending the land use designation of Planning Area 9 from Neighborhood Commercial to Community Commercial and incorporate additional development standards and design guidelines in Roripaugh Estates Specific Plan in the form attached to this resolution as Exhibit A. . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of October 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:ID 1'\2002\02-0364 Roripaugh Town CenterIPC and CC Drnft RESOLUTION SP A.doc 2 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 2004-- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of October 2004, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R,ID 1'\2002102-0364 Roripaugh Towu CeoterIPC and CC Draft RESOLUTION SP Adoc 3 . . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. 04- SPECIFIC PLAN AMENDMENT R,\D 1'12002102-0364 Roripaugh Town CenterIPC and CC Dmft RESOLUTION SPA.doc 4 . . . ORDINANCE NO. 04-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE DESIGNATION FOR PLANNING AREA 9 OF THE RORIPAUGH ESTATES SPECIFIC PLAN FROM NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY COMMERCIAL (CC) AND INCORPORATE DESIGN GUIDELINES AND DEVELOMENT STANDARDS FOR PLANNING AREA 9 (PA02-0363). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: The City Council of the City of Temecula does hereby find, determine and Section 1. declare that: A. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment, PA02-0363, Specific Plan Amendment, PA02-0364, Development Plan, PA02-0365, Tentative Parcel Map, and PA04-0540, Conditional Use Permit for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"); B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-~, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 04-_, recommending the City Council approyal of a General Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Tentative Parcel Map; Resolution No. 04- , recommending the City Council approval of a Tentative Parcel Map; Resolution No. 04-_, recommending the City Council approval of a Development Plan; and Resolution No. 04-_, recommending the City Council approval of a Conditional Use Permit; E. Following consideration of the entire record of information receiv'ed at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Specific Plan Amendment; , F. On ,2004 and 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. ' G. On ,2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-_; approving a General Plan Amendment, Resolution No. 04- R:ID P\2002102-0364 Roripaugh Town CentertPC and CC Draft RESOLUTION SPA.doc 5 -; approving a Tentative Parcel Map, Ordinance No. 04-_; approving a Development Plan, Resolution No. 04-- ; and approving a Conditional Use Permit Resolution No. 04-- . H. On ,2004, the City Council of the City of Temecula approved a ,Specific Plan Amendment for the Project when it approved Ordinance No. 04- Section 2. The City Council of the City of Temecula hereby amends portions of Roripaugh Estates Specific Plan as described below. A. Amend the land use designation from Neighborhood Commercial (NC) to Community Commercial as shown in Exhibit "An: B. Amend the text of Planning Area 9 to reflect Community Commercial and include updated language pertaining to development standards and design guidelines for commercial development as shown in Exhibit "Bn Section 3. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. . Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this - day of -, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk . [SEAL] R:ID 1'\2002102-0364 Roripaugh Town CenterIPC and CC Draft RESOLUTION SPA-due 6 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the - day of -, 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the - day of -, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:ID NOO2102-0364 Roripaugh Towu CeuterIPC and CC Draft RESOLUTION SP A.doc 7 . . . EXHIBIT B RORIPAUGH ESTATES SPECIFIC PLAN NO.1 AMENDMENT NO.3 RID 1'\2002102-0364 Roripaugh Town Ccntc"PC and CC Praf! RESOLUTION SPA,doe 8 . . . RORIP AUGH ESTATES SPECIFIC PLAN NO.1 AMENDMENT NO.3 Imœ@œOWŒ~ ill] JUN 1 0 2004 ~I By City of TemecuJa Community Development Department - Planning Division 43200 Business Park Drive . ' P.O. Box 9033 TemecuJa, CA 92589-9033 Phone: 909.694.6400 Fax: 909.694.6477 Contact: Debbie Ubnoske, Director of Planning Applicant: Pacific Development Partners, LLC 177 S. Beverly Drive, 2.nd Floor Beverly BiDs, CA 90212-3002 Phone: 310.278.9595 Contact: Mark Burger June 2004 Roripaugh Estates Speeifie Plan Anlendment No.;J ----------------- Summary . Roripaugh Estates Specific Plan No. I, Amendment No- 3 (SPA 3) changes the existing neighborhood commercial designation for Planning Area 9 to community commercial. An associated General Plan Amendment has been submitted with SPA 3. Commercial Architectural Design Guidelines have been added for Planning Areas 9. All other land uses and design standards as outlined in Roripaugh' Estates Specific Plan Amendment No.2, as approved by the City of Temecula City Council on August 8, 1994 shall remain in effect. . . . . . ATTACHMENT NO.5 PC RESOLUTION NO. 2004-- TENTATIVE PARCEL MAP R:ID P\2002102-0364 Roripaugh Town CenterlSTAFF REPORT dot 16 . . . PC RESOLUTION NO. 04-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 30719, TO SUBDIVIDE 20.2 ACRES INTO 12 PARCELS, LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, AND KNOWN AS ASSESSOR'S PARCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02-0365) WHEREAS, Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0364, Tentative Parcel Map PA02-0365; Development Plan, PA02-0365; and PA04-0540, Conditional Use Permit for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920- 100-013 ("Project"); WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; . WHEREAS, the Planning Commission, at a regular meeting, considered the Application on October 20,2004 to consider the applications for the Project and environmental review, 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; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Applications subjectto and based upon the findings set forth hereunder; WHEREAS, The Planning Commission adopted Resolution No. 04-_, recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; Resolution No. 04-_, recommending the City Council approve a General Plan Amendment; Resolution No. 04-_, recommending the City Council approve a Specific Plan Amendment, Resolution No. 04-_, recommending the City Council approve a Development Plan; and Resolution No. 04- -' recommending the City Council approve a Conditional Use Permit; WHEREAS, The Planning Commission adopted Resolution No. 04-_, recommending the City Council approve a Tentative Parcel Map; WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Application, and certify the Negative Declaration and adopted the Mitigation Monitoring Program after finding that the projecfproposed in the Application conformed to the related City of Temecula General Plan Amendment; R:\D P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Draft.POC 1 WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. . 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. Findinas. That the Planning Commission, in recommending approval of the Application, hereby recommends the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, Roripaugh Estates Specific Plan and the City of Temecula Municipal Code for the following reasons: 1. The proposed subdivision map is consistent with the subject Roripaugh Estates Specific Plan development standards and related General Plan Amendment. B. The tentative map does not propose to 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; C. The site is physically suitable for the type and proposed density of development proposed by the tentative map as proposed by the Applicant; . D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure/ish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. IN addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; . F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. 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. H. The subdivision is a commercial project and is not subject to Quimby fees. Section 3. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. R:\D P\2002\O2-G364 Rorlpaugh Town CenterlPC Resolution TPM-Oraft.DOC 2 . . Section 4. Conditions. The Planning Commission of the City of Temecula approves the Application (Tentative Parcel Map No. 30719 for the subdivision of a 20.2 acre project for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of October, 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . 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. 04-- was duly and regularly adopted by the Planning Commission of the City otTemecula at a regular meeting thereof held on the 20th day of October, 2004, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary . R:ID P\2002\O2-Q364 Roripaugh Town CenterlPC Resolution TPM-Oraft.POC 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP R:ID P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Draft.OOC 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA02-0365 Project Description: A Tentative Parcel Map (TPM 30719) to subdivide 20.2 acres into 12 parcels located at the northeast corner of Winchester Road and Nicolas Road. DIF: Retail Commercial TUMF: Retail Commercial MSHCP: Retail Commercial Assessor's Parcel No.: 920-100-001 through 920-100-013 Approval Date: October 20, 2004 Expiration Date: October 20, 2007 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1 ,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 211 08(a) and California Code of Regulations Section 15075. If within said forty- eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and .the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or R:ID P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Draft.DOC 5 any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . 3. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, 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 60 days prior to the expiration date. 4. The applicant shall comply with the Mitigation Monitoring Program for Planning Application Nos. PA02-0360, PA02-0363, PA02-0364, PAO2-0365 and PA04-0540. 5. 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 or any successors in interest. Prior to Issuance of Grading Permits 6. A copy of the Rough Gradingplans shall be submitted and approved by the Planning Department. . 7. 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. 8. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/ archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 9. If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appear to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation . R:\D P\2002\O2-0364 Ronpaugh Town CenterlPC Resolution TPM-Praft.OOC 6 . . . or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 10- The Pechanga Band of Luiseno Indians shall be contacted to afford the Band an opportunity to monitor ground-disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. 11. The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement/treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreement/treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The applicant shall submit a signed copy of the pre-construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. ' 12. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 13. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 14. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. Prior to Recordation of the Final Map 15. The following shall be submitted to and approved by the Planning Department: A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This property is located within thirty miles (30) of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. R:ID P\2002102-0364 Roripaugh Town CenterlPC Resolution TPM-Oraft.DOC 7 a. b. i. ii. 16. 17. 18. iii. iv. c. i. ii. This project is within a liquefaction hazard zone. This property is located within an area identified by the City of Temecula General Plan as being a sensitive area with regards to archeological resources. An Owners Association shall be established and the applicant shall submit a copy of the Covenants, Conditions, and Restrictions (CC&R's) that address the following: CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance, identify and include methods of maintaining all landscape areas, drive aisles, private roads, parking areas and other common areas. No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a unit or lot shall own as an appurtenance to such unit or lot, either (1) an undiyided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. iii. The applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. Prior to recordation of the Final Map, a landscape and irrigation plan, which is acceptable to Caltrans, for the project's frontage along Winchester Road (Highway 79 North) right-of-way shall be submitted for approval by the Planning Director. Three copies of the landscape and irrigation plan shall be submitted to the Planning Department for review and the applicant shall pay the Landscape Plan Review Fee applicable at the time of submittal. Prior to recordation of the Final Map, the applicant shall submit a landscape bond for the installation of planting and irrigation required in the right-of-way along the project's Highway 79 North frontage in a form and amount approved by the Planning Department and/or Caltrans, whichever is applicable. Prior to recordation of the Final Map, the property owner shall submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the installation of the landscaping in the right-of-way along the project's Highway 79 North frontage. R:ID P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Praft.DOC 8 19. . . . . Prior to Release of Power or First Occupancy Permit 20. Prior to issuance of the first certificate of occupancy, all landscape planting and irrigation required in the right-of-way along the project's Highway 79 South frontage shall be installed. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approvalforthis project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 21. 22. 23. . 24. 25. 26. 27- 28. 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. 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. 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. 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. All improvement 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. The vehicular movement from the project site onto Winchester Road shall be restricted to right-in/right-out. The vehicular movement from the project site's westerly access onto Nicolas Road shall be restricted to right-in/right-out. The vehicular movement from the project site's easterly access onto Nicolas Road shall be restricted to right-in/right-out. Prior to Approval of the Tract 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: 29. A Final Traffic Analysis shall be submitted and approved. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District R:\D P\20021O2-0364 Roripaugh Town Center\PC Resolution TPM-Draft.DOC 9 30. . Dedicate adequate right-of-way along westbound Nicolas Road to allow additional lanes for ultimate road width per the Roripaugh Ranch Specific Plan requirements which is defined in Condition No. 12.b.iii. Install a traffic signal at the intersection of Nicolas Road, approximately 700 feet east of the centerline of Highway 79 North (Winchester Road) or as approved by the Director of Public Works. Improve the intersection at Winchester Road and Nicolas Road including a signal modification for the westbound Nicolas Road approach to provide 1. Two left turn lanes 2. One through lane 3. One right turn lane. 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. R:\D P\2002\O2-G364 Roripaugh Town CenterlPC Resolution TPM-Draft.POC 10 31. 32. 33. b. 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 Caltrans Community Services District Verizon . c. d. e. f. g. h. i. j. k. I. Southern California Edison Company Southern California Gas Company m. The Developer shall dedicate a 25-foot wide transportation corridor along Winchester Road. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Winchester Road (Urban Arterial Highway Standards - 134' R/W) to include installation of sidewalk, street lights, drainage facilities and utilities (including but not limited to water and sewer). Improve Nicolas Road (Arterial Highway Standards -110' R/W) to include dedication of 17 additional feet of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. . b. i. ii. iii. . . b. c. d. e. f. g. 34. . 35. 36. 37. 38- 39. 40. 41. . Driveways shall conform to the applicable City Standard No. 207A. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. All street and driveway centerline intersections shall be at 90 degrees. 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. 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 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 North (Winchester Road) on the Parcel Map with the exception of one opening as delineated on the approved Tentative Tract Map. Relinquish and waive right of access to and from Nicolas Road on the Parcel Map with the exception of three openings as delineated on the approved Tentative Tract Map. 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 Final Map to delineate identified environmental concerns and shall be recorded with the map. R:\D P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Prah.DOC 11 42. 43. 44. 45. 46. 47. 48. 49. 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 Final 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. 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 property. An easement for ajoint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. 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 50. 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 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. 51. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the . R:\D P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Draft.DOC 12 . . . 52. 53. 54. 55- 56. 57. 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. 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. 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. ' NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 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 flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 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. R:ID P\2002\O2-0364 Roripaugh Town CenterlPC Resolution TPM-Praft.DOC 13 Prior to, Issuance of Building Permits . 58. 59. 60. 61. 62. Prior to the issuance of the first building permit, Final Map 30719 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. 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. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, arid in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificates of Occupancy 63. 64. 65- 66. 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 Department of Public Works c. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 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. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 67. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here. . R:\D P\20021O2-0364 Roripaugh Town Center\PC Resolution TPM-Oraft.OOC 14 . . . 68. 69. 70. 71. 72. 73. 74. 75. 76. 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. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division perCFC Appendix liLA, TableA-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-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 III-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide forthis project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure 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 III-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case by case basis when they maintain the required travel widths and radii. Intersections with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 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) This will include all internal roads, R:ID P\20021O2-0364 Roripaugh Town CenterlPC Resolution TPM-Oraft.OOC 15 77. 78. 79. 80. 81. 82. 83. connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. . 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 Ibs. GVW. (CFC8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle 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 Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 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) Prior to building construction, dead end road ways 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 and any street serving any commercial developments 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, spacing and minimum fire flow standards. After the plans are signed by the local water company, 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) 84. 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 firefighting personnel. (CFC 902.4) Special Conditions 85. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arcinfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone . R:ID P\2002\o2-Q364 Roripaugh Town Center\PC Resolution TPM-Praft.DOC 16 . . . 86. VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. Any existing or installed water system in support of hydrants or fire sprinkler systems that was installed as a common system serving the property that will now be divided into more than one parcel will be the responsibility of ALL PARCELS and will be maintained and repaired by ALL PARCELS in perpetuity. 87. This parcel when divided shall maintain reciprocal access to all parcels. OUTSIDE AGENCIES 88. The applicant shall comply with the attached letter dated June 30, 2004 from the Rancho California Water District. 89. The applicant shall comply with the attached letter dated July 26,2002 from the Department of Environmental Health. 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 Date Name Printed Name R:ID P\2002\O2-0364 Roripaugh Town CenlerlPC Resolution TPM-Draft.POC 17 @ Rancho Water Boani orDiredo," John E. Hoagland Pre,iden' C~ba F. Ko S', Vire p",iden' Stephon J. Co~~ Ralph H. Dnily Ben R. Denke Li~ D. He=an John V. Ro~i Offirere, B,ian J. Bendy ""neea! M,"ag~ Phillip L. Fo","" Diredo'ofFina",oTre~"", E.P- "Boh' Lemo~ Di'edo,ofEnginrerin, Pe...." R. Lonok Contrell~ June 30, 2004 Dan Long, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 ~~ŒomŒ~, ,. - II JUL 0 2 2004 : Ii ì ~ By SUBJECT: WATER AVAILABILITY, RANCHO TEMECULA TOWN CENTER, TENTATIVE TRACT NO. 30719; PARCELS NO.1 THROUGH NO. 13 OF PARCEL MAP NO. 26232-1; APN 920- 100-002, APN 920-100-003, APN 920-100-004, APN 920-100-008, APN 920-100-009, AND APN 920-100-010; PLANNING APPLICATION NO. PA02-0365 Dear Mr. Long: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire, protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing ari Agency Agreement that assigns water management rights, if any, to RCWD. Linda M. Freg= Dio;trid s.oretary/Admin"'rnti.e ' , " Serei",M,"ag~ This project has the potential to become a commercial condominium C. Miohoel Cowe" development, with individual building owners and an owners' association ~:'~;"';o~agecU.P maintaining the common property and private water, fire protection, and landscape irrigation facilities. As a condition of approval for the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. In addition to this agreement, RCWD would require individual water meters for each condominium unit. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7J1fI!:Z!l1F Development Engineering Manager 04\MM:atO83IFCF c: Bud Jones, Engineering Project Coordinator Laurie Williams, Engineering Services Supervisor Ranoho Cnlifoonia Wnre, Ifutrid 42135Wi",h~re,Road - P.,tOffiœBox9017' Tem=la.California92589-9017' (909)296.6900-FAX(909)296-6860 &~, . . . COUNTY OF RIVERSIDE. HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH July26,2002 City ofTemecula Planning Department P_O. Box 9033 Temecula, CA 92589 A TTN: Thomas Thomsley: RE: TRACT MAP NO. 30719 (52 LOTS) A Portion of Lots 168, 181, 183, and 184 of Temecula Land and Water Company, shown by map on file in book 8 page 359 of maps, San Diego County Records, together with those portions of Hamilton Avenue, Banana Street, John Jay Avenue, and the Northwesterly half of Apricot Street; Together with a portion of the Rancho Temecula as shown per map recorded in book 1, page 37 of patents in the office of the County Recorder of San Diego County, all being in the City of Temecula, County of Riverside, State of California. IJear{Jentl~merì:----- ----------~-~~-~--_..-----_._~~-- -- -- 1. The Department of Environmental Health has reviewed Tract Map 30719 and recommends: a A water system shall be instaIJed in accordance with plans and specifications as approved by the water company and the Environmental Health Department. Pennanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the' County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in aIJ r,espects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title II, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans, shall be signed by a registered engineer and water company with thefolJowing certification: "1 certify that the design of the water system in Tract Map 30719 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tract Map". This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has no written statement from Rancho California Municipal Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. 4065 County Circle Drive. Riverside, CA 92503. Phone (909) 358.5316. FAX (909) 358-5017 (Mailing Address - P.O. Box 7600 . Riverside, CA 92513-7600) "¡",J,."",,,JP""@ Page Two - Attn: Thomas Thornsley July 24, 2002 . 3. Tills subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion ofthe sewage plans and profiles, The plans shall be singed by a registered engineer and the sewer district with the following certification:"! certify that the design of the sewer system in Tract Map No. 30719 is in accordance with the sewer system expansion plans of the Eastern Municipal water District and that the waste disposal system is adequate at this time to treat the anticipated wastes ITom the proposed Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 4. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. 5. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation ofthe final map. Si~. ~. Q---" Sa~Mlp~fu~1Vironmental Health Specialist (909) 955-8980 . ,f . . . . EXHIBIT B CITY COUNCIL RESOLUTION 04-- TENTATIVE PARCEL MAP R:\D P\2002102-0364 Ronpaugh Town Cente~PC Resolution TPM-Draft.POC 18 . . . RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 30719 TO SUBDIVIDE 20.2 ACRES INTO 12 PARCELS, LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD KNOWN AS ASSESSORS PARCEL NO(S). 920-100-001 THROUGH 920-100-013 (PA02- 0365). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment, PA02-0363, Specific Plan Amendment, PA02-0364, Development Plan, PA02-0365, Tentative Parcel Map, and PA04-0540, Conditional Use Permit for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"); B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; C. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 04-_, recommending the City Council approval of a General Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Specific Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Tentative Parcel Map; Resolution No. 04-_, recommending the City Council approval of a Development Plan; and Resolution No. 04-_, recommending the City Council approval of a Conditional Use Permit; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Tentative Parcel Map; , F. On ,2004 and 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council o~ these matters. R:ID P\2002102-0364 Roripaugh Town Center\CC Rasa TPM-Draftdoc 1 G. On ,2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-_; approving a General Plan Amendment, Resolution No. 04- -; approving a Specific Plan Amendment, Ordinance No. 04-_; approving a Development Plan, Resolution No. 04-_; and approving a Conditional Use Permit Resolution No. 04- . H. On ,2004, the City Council of the City of Temecula approved a Tentative Parcel Map for the Project when it approved Resolution No. 04------,- Section 2. findings: The City Council of the City of Temecula hereby makes the following A. The Project, including the Tentative Map, is compatible with the health, safety and welfare of the community. The Project, including the Tentative Map, has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. B. The Project, including the Tentative Map, is compatible with surrounding land uses. C. The Project, including the Tentative Map, will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site and represents a relocation of existing land uses. . Section 3. declare that: The City Council of the City of Temecula does hereby find determine and A. The proposed subdivision and the design and improvements of the subdivision, is consistent with the Development Code, Subdivision Ordinance, General Plan, Roripaugh Estates Specific Plan and the City of Temecula Municipal Code for the following reason: 1. The proposed subdivision map is consistent with the subject Roripaugh Estates Specific Plan development standards and related General Plan Amendment. B. The tentative map does not propose to 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; C. The site is physically suitable for the type and proposed density of development proposed by the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. IN addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; . R:ID P\2002102-0364 Roripaugh Town Center\CC Reso TPM-Draft_doc 2 . . . E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; F- The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. 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; H. The subdivision is a commercial project and is not subject to Quimby fees. Section 4. The City Council of the City of Temecula hereby approves Tentative Parcel Map No. 30719, Application No. PA 02-0365, subdividing 20.2 acres into 12 parcels, for the property generally located at the northeast corner of Winchester Road and Nicolas Road known as assessors parcel no(s). 920-100-001 through 920-100-013 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _th day of ,2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:ID P\2002102-0364 Roripaugh Town Centei\CC Reso TPM-Draft.doc 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 04-- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the _th day of 2004, by the following yote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RID P\2002102-0364 Roripaugh Town CenterlCC Reso TPM-Draft.doc 4 Susan W. Jones, CMC City Clerk . . . . . . ATTACHMENT NO.6 PC RESOLUTION NO. 2004-- DEVELOPMENT PLAN RID 1'\2002102-0364 Roripaugh Town Cente<\STAFFREPORTdot 17 . PC RESOLUTION NO. 2004-- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0364, A DEVELOPMENT PLAN TO CONSTRUCT APPROXIMATELY 162,860 SQUARE FEET OF COMMERCIAL RETAIL SPACE, INCLUDING THREE MAJOR TENANTS, SEVEN PADS AND A TOTAL OF FOUR DRIVE THROUGH FACILITIES," LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, KNOWN AS APN: 920-100-001 THROUGH 920-100-013 WHEREAS, Pacific Development Partners, LLC, filed Planning Application Nos. PA02- 0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0365, Tentative Parcel Map, PA02-0364, Development Plan; and PA04-0540, Conditional Use Permit, for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"). WHEREAS, Planning Application No. PA02-0364 (Development Plan) was processed including, but not limited to public notice, in the timely manner prescribed by State and local law; . WHEREAS, notice of the proposed Development Plan was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0364 (Development Plan) on October 20, 2004, 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; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Applications subject to and based upon the findings set forth hereunder; , WHEREAS, the Planning Commission adopted Resolution No. 04-_, recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; Resolution No. 04-_, recommending the City Council approve a General Plan Amendment; Resolution No. 04-_, recommending the City Council approve a Specific Plan Amendment; and Resolution No. 04-_, recommending the City Council approve a Conditional Use Permit; . WHEREAS, at the conclusion of the public hearing and after due consideration of the testimony, the Planning Commission approved Resolution No. 04-_, recommending that the City Council approve PA02-0364 (Development Plan); WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Application, and certify the Negative Declaration and adopted the Mitigation R:ID P\2002102-0364 Roripaugb Towo CenterlDrnft PC Reso & CofA-PP.doc 1 Monitoring Program after finding that the project proposed in the Application conformed to the related City of Temecula General Plan Amendment; . WHEREAS, all legal preconditions to the adoption of this resolution have occurred- 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. Findinas. The Planning Commission, in .recommending approval of Planning Application No. PA02-0364 hereby makes the following findings as required by Section 17.05.020.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the city; The proposed use is in conformance with the General Plan for the City of Temecula, the Roripaugh Estates Specific Plan, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan- B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. . The overall development of the land is designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 3. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 4. Conditions. That the City of Temecula Planning Commission, hereby recommends approval of Planning Application No. PA02-0364 to construct approximately 162,860 square feet of retail commercial space, located on the northeast corner of Winchester Road and Nicolas Road. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of October 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary {SEAL} . R,\D 1'12002102-0364 Roopaugh Town Centerlrmft PC Reso & CoIA-DP.doc 2 . . . 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. 2004-- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of October 2004, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: R,ID 1'\2002102-0364 Roripaugh Town CenterlDraft PC Reso & CofA-DP.doc 3 Debbie Ubnoske, Secretary . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL DEVELOPMENT PLAN RID 1'12002102-0364 Roripaugh Town Centerllliaft pC Reso & CofA-DP.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA02-0364 Project Description: A Development Plan to construct approximately 162,860 square feet of commercial retail spaces, including three major anchor tenants, seven pads and a total of four drive-through facilities, located on the northeast corner of Winchester Road and Nicolas Road. Development Impact Fee: Retail Commercial TUMF: Retail Commercial Approval Date: October 20, 2004 Expiration Date: October 20, 2006 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify R:ID 1'12002102-0364 Roripaugh Town CenterIDraft PC Roso & CofA-DP.dnc 5 3. both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 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. . 4. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. 5. The development of the premises shall substantially conform to the approved site plan, contained on file with the Planning Department. 6. Landscaping shall substantially conform to the approved (Conceptual Landscape Plan) contained on file with the Planning Department. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. . 7. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 8. This development Plan may be revoked pursuant to Section 17.05.010 of the City's Development Code. 9. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. 10. If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until . R:ID 1'\2002\02-0364 Roripaugh Town Ceoter\Draft PC Reso & CofA-PP.doc 6 . 11. 12. 13. 14. 15. 16. . 17. 18. 19. 20. 21. 22. . 23. a mitigation plan or other corrective measures have been approved by the Director of Planning. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. The eleyations for each pad, shall require a separate development plan application to be reviewed and approved by the Planning Director. The architectural elevations, landscaping, hardscape and color palette shall blend with the overall center as approved by the Planning Director. The architectural elevations and color palette for Major E shall be revised to blend with the architecture style and color palette of the overall center as approved by the Planning Director. The west elevation of Major E facing the street (Nicolas Road) shall be revised to provide additional detail and articulation along this elevation, as approved by the Planning Director. Buildings with upper story windows shall include decoratiye window sills and/or window surrounds in select locations as approved by the Planning Director. Pads K and L shall be revised to include a structural component over the drive-through windows. Said component shall be compatible with the architectural style and color palette of the overall center. The trash enclosure located on the eastern portion of the site, adjacent to the note indicating future drive easement shall be relocated to the northern side of the easement and remain within a landscaped planter. Decorative lighting fixtures shall be provided in the courtyard area between Shops C and D-1 and along the primary driveway from Winchester Road. Final construction plans shall provide details of all light fixtures, including decorative entry lighting, parking lot lighting and wall mounted lighting. All shopping cart storage areas shall be internalized to any"building or screened, subject to the approval of the Planning Director. The decorative hardscape within the drive aisles at the internal intersection shall be revised to create decorative design and colors subject to the approval of the Planning Director. The landscaped area 'along Winchester Road shall include a meandering berm with large shrubs to provide additional screening of the parking lot and drive-through. The rear elevation of Major H shall provide a screening component for the loading area, subject to the approval of the Planning Director. . The sides and rear of Major H shall be enhanced with decorative details and features (four-sided architecture). R:\D 1'\2002102-0364 Roripaugh Town Centcr\Draft PC Reso & CorA-DP.doc 7 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. The applicant shall provide details of the outdoor furniture and any fountain water features, subject to the approval of the Planning Director. . The applicant shall submit a final color and finish detail for all decorative hardscape. All trash enclosures shall blend with the architecture of the overall center and include a decorative roof type feature as approved by the Planning Director. A minimum 5' width planting area shall be provided at the ends of all parking rows throughout the site. The planter length shall be equal to the adjoining parking space. The planter shall contain a minimum of one tree, shrubs and ground covers. Project entries at the street shall be better developed as approved by the Director of Planning. Shrub and turf areas at entries shall be reconfigured to contrast with the remainder of the street development. Shrub beds are to be larger and color plantings shall be provided to reinforce focal points at these entries. Larger trees shall be provided at the intersection of Winchester and Nicolas to, provide a stronger focal point. The landscape layout shall be revised as required to allow for a minimum of four (4) large evergreen background trees (minimum 48" box size) to be installed behind the Crape Myrtles as approved by the Director of Planning. One broad canopy type tree shall be provided per 4 parking spaces. The trees shall be in close proximity to the 4 parking spaces they are to shade. Small color shrub plantings shall be incorporated throughout the project site as approved by the Director of Planning. All striped/left-over hardscape areas shall be revised to landscaping to allow for better screening of loading areas and softening of rear of building elevations. These areas shall include trees, shrubs and ground covers. . The round-about located in the center of the project shall be revised to include specimen size box trees around the perimeter and in the center planter (minimum 48" box size), color plantings, specialty paving, and raised garden walls and/or architectural garden features to accent this area as approved by the Director of Planning. 35. The applicant shall submit a detailed plan and cross section showing a meandering berm and landscaping along Winchester Road. The landscaped berm shall be a height that will adequately screen the parking lot and vehicles in the drive-through lane. Shrubs on the berm shall be of a type that will grow to an adequate height and be maintained at a height that will screen vehicles in the drive-through lane and the parking lot. A sign program shall be submitted for review and approval for the project site. Prior to the Issuance of Building Permits 36. Prior to the issuance of a building permit, the applicant shall record a final map. A separate building permit shall be required for all signage. . 37. R:ID 1'\2002102-0364 Roripaugh Towu CeuterlDraft PC Reso & CofA-DP.doc 8 . . . 38. 39. 40. 41. 42. 43. The applicant shall submit verification that the project site includes a recorded cross-lot and reciprocal parking agreement. If such an agreement does not exist, the applicant shall provide staff with a recorded cross-lot and reciprocal parking agreement. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. An appropriate method for screening the gas meters and other externålly mounted utility equipment shall be reviewed and approved by the Planning Department. A Consistency Check fee shall be paid per the City of T emecula Fee Schedule. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Exhibit "P', or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. b. c. d. e. Prior to Building Occupancy 44. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 45. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:ID \'\2002\02-0364 Roripaugh Town CenterIDraft PC Reso & CofA-PP.doc 9 POLICE DEPARTMENT . 46. 47. 48. 49. 50. 51. 52. 53. Landscaping: Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. Applicant should ensure all trees surrounding the building roof top be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from the building. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requiremenfs. a. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. b. Hardware: All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. Graffiti: Any graffiti painted or marked upon the building shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. . Alarm System: Upon completion of construction, the building shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. Roof Hatches: All roof hatches shall be painted "International Orange." Public Telephones: Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 54. Crime Prevention: a. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 1127-11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. . R,ID 1'\2002\02-0364 Roripaugh Town CeuteI\Draft PC Reso & CofA-DP,doc 10 . . . Business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures are also available through the crime prevention unit. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "Inkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. PUBLIC WORKS DEPARTMENT b. c. d. 55. 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. General Requirements 56. 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. 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. 57. 58, 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. All improvement plans, grading plans and raised landscape median 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. 59. 60. The developer shall construct public improvements in conformance with applicable City standards and subject to approval by the Director of the Department of Public Works Department. a. Street improvements, which may include, but no limited to: curb and gutter, sidewalk, drive approach, storm drain facilities and sewer and domestic water systems. 61. The vehicular movement from the project site onto Winchester Road shall be restricted to right-in/right-out. R,\D P\2002\O2-0364 Roripaugh Towu CeuterlDraft PC Reso & CofA-DP,doc 11 62. 63. 64. The vehicular movement from the project site's westerly access onto Nicolas Road shall be restricted to right-in/right-out. The vehicular movement from the project site's easterly access onto Nicolas Road shall be restricted to right-inlright-out. . A Final Traffic Analysis shall be submitted and approved Prior to Issuance of a Grading Permit 65. 66. 67. 68. 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. 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 all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 69. 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. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with storm water and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post- construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. . 70. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: . RID 1'\2002102-0364 Roripaugh Towu CeutetlDraft PC Reso & CofA-DP.doc 12 A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 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 . 71. 72. 73. 74. . 75. 76. . a. San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Temecula Fire Prevention Bureau b. c. d. e. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 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. Prior to the issuance of the first building permit, the Developer shall comply with the following: a. Final Map No. 30719 shall be approved and recorded. b. Dedicate a 25 foot wide transportation corridor along Winchester Road. c. Dedicate adequate right-of-way along westbound Nicolas Road to allow additional lanes for ultimate road width per the Roripaugh Ranch Specific Plan requirements. 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. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard Nos. 800, 801, 802 and 803. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. All street and driveway centerline intersections shall be at 90 degrees. b. c. d. e. KID 1'\2002\02-0364 Roripangh Town CenterIDraft PC Reso & CofA-DP.doc 13 77. 78. 79. 80. 81. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. 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 Winchester Road (Urban Arterial Highway Standards - 134' RIW) 10 include installation of sidewalk, street lights, drainage facilities and utilities (including but not limited to water and sewer). Improve Nicolas Road (Arterial Highway Standards - 110' RIW) to include dedication of additional street right-of-way to satisfy Condition No. 55 (above), installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. The Developer shall design and construct the raised landscape median on Nicolas Road (Arterial Highway Standards - 110' RIW), from Winchester Road to Roripaugh Road. Plans shall be reviewed and approved by the Department of Public Works. 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. f. . g. b. c. . 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. 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. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 82. Prior to the issuance of the first Certificate of Occupancy, the Developer shall: a. Install a traffic signal at the intersection of Nicolas Road, approximately 700 feet east of the centerline of Highway 79 North (Winchester Road) or as approved by the Director of Public Works. Improve the intersection at Winchester Road and Nicolas Road including a signal modification for the westbound Nicolas Road approach to provide i. Two left turn lanes . b. R,ID 1'\2002102-0364 Raripaugh Town CenterIDraft PC Resa & CafA-PP.doc 14 . . . 83. 84. 85. 86. ii. iii. One through lane One right turn lane 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 Department of Public Works c. 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. 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. BUILDING DEPARTMENT 87. 88. 89. 90. Please provide an analysis of the floor area for all occupancies proposed, include ratio of differing areas, as applicable, per requirements of California Building Code section 504.3. Provide on the plans appropriate number of plumbing fixtures as required in California Building Code Appendix Table A-29-A. Provide sufficient details on the plans to show conformance with California Building Code Section 1127B.1 for accessible exterior routes of travel between buildings on site. (Consider path of travel from Buildings G, H, J, and M to other accessible buildings on site.) Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT 91. All perimeter landscaping including parkways within the ROW, fencing and on-site lighting shall be maintained by the property owner or private maintenance association. Ro\D 1'12002102-0364 Roripaugh Towo CenterlDrnft PC Reso & CofA-PP.doc 15 92. 93. 94. 95. 96. 97. 98. 99. Any damage caused to the existing Class II Bike Lanes on Nicolas Road during construction shall be repaired and/or replaced to the satisfaction of the Public Works Department. . Developer shall provide pedestrian access from the Santa Gertrudis Creek trail to project. Applicant shall comply with the Public Art Ordinance. Trash enclosures shall be large enough to accommodate a recycling 'bin, as well as a regular solid waste container. Installation of the landscape improvements within the medians on Nicolas shall commence pursuant to a pre-construction meeting with the TCSD Maintenance Superintendent and monitored in accordance with the TCSD inspection process. The developer, the developer's successors or assignees, shall be responsible for the landscaping maintenance of the medians until such time as maintenance duties are accepted by the TCSD. The developer shall take protective measures to ensure that construction debris and silt does not flow into Santa Gertrudis Creek or onto the trail. 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. . Prior to Issuance of Building Permit 100. 101. 102. 103. Prior to issuance of the first building permit or installation of arterial streetlights along Nicolas and Winchester Roads, which ever comes first, the developer shall submit to TCSD the approved Southern California Edison streetlight plans, along with a Streetlight Authorization forms and payment of Advanced Energy Fees. The landscape plans for the proposed raised landscaped medians on Nicolas Road shall be reviewed and approved by the Director of Community Services. The developer shall enter into an improvement agreement and post securities for the landscaped median on Nicolas Road. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Prior to Issuance of Certificate of Occupancy 104. The landscape median shall be completed, including the 90 day maintenance period, to TCSD standards. FIRE DEPARTMENT 105. 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 . R:ID 1'\2002\02-0364 Roripaugh Towa CeotetlDraft PC Reso & CofA-DP.doc 16 . 106, 107. 108. . 109. 110. 111. 112. 113. . 114. California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix liLA, 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 III-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 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 450 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 III-B). 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) 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle 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 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 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 all fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) I Prior to building construction, dead end road ways 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) R:ID 1'12002\02-0364 Roripaugh Town CenterIDraft PC Reso & CorA.DP.doc 17 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 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, spacing and minimum fire flow standards. After the plans are signed by the local water company, 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 lor numbers, as approyed by the Fire Prevention Bureau. (CFC 901.4.4) . 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 be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 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 fire riser door. (CFC 902.4) 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) 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. 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 . KID 1'.2002\02-0364 Roripaugh Town CenteIlDraft PC Reso & CorA-DP.doc 18 . . . 125. 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 all applicable National Fire Protection Association standards. (CFC Article 81) 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 126. 127. 128. 129. Prior to building permit issuance, a full technical report may be required (on a case by case basis as 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, NFPA -13,24,72 and 231-C. 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. 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) 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 130. 131. 132. 133. 134. The applicant shall comply with the attached letter dated June 22, 2004 from the Army Corps of Engineers. . The applicant shall comply with the attached letter dated July 26, 2002 from the Riverside County Department of Environmental Health. The applicant shall comply with the attached letter dated August 15, 2003 from the Riverside County Flood Control and Water Conservation District. The applicant shall comply with the attached letter dated August 4, 2003 from the Riverside Transit Authority (RTA). The applicant shall comply with the attached letter dated July 22, 2004 from the Airport Land Use Commission of Riverside County. KID 1'12002\02-0364 Roripaugh Towo Cente.-lDraft PC Reso & CofA-DP,doc 19 135. The applicant shall comply with the attached letter dated July 30, 2003 from the Rancho California Water District. 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 Date Applicant's Printed Name R:ID 1'\2002102-0364 Roripaugh Town CeoterlDrnft PC Reso & CofA-PP.doc 20 . . . DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.OBOX532711 LOS ANGELES, CAUFORNIA 90053-2325 REPLYTO ATTENTION OF, June 22, 2004 Office of the Clúef Regulatory Branch City of Temecula Planning Department Attention: Dan Long P.O- Box 9033 Temecula, California 92589-9033 Dear Mr. Long: . It has comno-our attenilohCthat:Y4u::planCtec6nstfucH60,860-sqtìarefeet ofcommercial-'.- space on 20.2 acres located on the southeast comer of Nicholas Rd. and Winchester Rd near Gertrudis Creek in the city of Temecula, Riverside County, California. This activity may require a U.s. Anny Corps of Engineers permit. A Corps of Engineers permit is required for the discharge of dredged or fill material into, including any redeposit of dredged material within, "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. Examples include, but are not limited to, 1. creating fills for residential or commercial development, placing bank protection, temporary or pennanent stockpiling of excavated material, building road crossings, backfilling for utility line crossings and constructing outfall structures, dains, levees, groins, weirs, or other structures; 2. mechanized land clearing, grading wlúch involves filling low areas or land leveling, ditching, channelizing and other excavation activities that would have the effect of destroying or degrading waters of the United States; 3. allowing runoff or overflow from a contained land or water disposal area to re-enter a water of the United States; . 4. placing pilings when such placement has or would have the effect of a discharge of fill material. -2- .. Enclosed you will find a pemút application form and a pamphlet that describes our regulatory program. If you have any questions, please contact me at (213) 452-3418. Please refer to this letter and 200401337-CLM in your reply. Sincerely, Crystal L. Marquez Project Manager Enclosures . ---.-.--------.---- - -- ------- . ß.-~ COUNlY OF RIVERSIDE. HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH . July 26, 2002 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589 RE: Development Plan No. PA02-0364 Dear Thomas Thornsley: The Department of Environmental Health has reviewed the Development Plan No. PAO2-0364 and has no objections. Sanitary sewer and water services are available in this area. I. PRIOR TO ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: ' a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). . c) A clearance letter from the Hazardous Services Materials Management Branch (909) 358-5055 will be required indicating that the project has been cleared for: + Underground storage tanks, Ordinance #617.4. + Hazardous Waste Generator Services, Ordinance #615.3. + Hazardous Waste Disclosure (in accordance with Ordinance #651.2. + Waste Reduction Management Sincerely, ,f ~~~ Sam Martinez, Supervising Environmental Health Specialist (909) 955-8980 I NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials . 4065 CounIy Circle Drive. Riverside, CA 92503 . Phone (909) 358-5316 . FAX (909) 358-5017 (Mailing Address - P.O. Box 7600. Riverside, CA 92513.7600) p'i""J,"~"d'J"'r"@ WARREN D. WILLIAMS General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 83853.1 . RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERV AnON DISTRICT August 15, 2003 City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: Thomas Thornsley Ladies and Gentlemen: Re: PA02-0364 Roripaugh Town Center The District does not usually review land divisions/land use cases or provide State Division of Real Estateletters/flood'hazard reports for projects that are located within incorporated Cities. Exceptions are made, for cases with items of specifièinterest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system', and District Area Drainage Plan fees (development mitigation fees). The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issues. . P A02-0364 is a proposal to design and construct a commercial center totaling 171,200 square feet on '--a 20:2' acre site located at the nörtheast'c6rfierofthe- ifitefsectiofiöfWii:iëliesteriifid Nicolas Roiìds-- - -- - within the City of Temecula. The entire site is located within the Zone C boundary as delineated on Panel No- 0602453335D (panel not printed) of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). The project is located within the limits of the District's Murrieta Creek/Santa Gertrudis Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid for by cashier's check or money order written to Flood Control District prior to the issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual pennit. The following information, of a general'nature is provided herewith for your use: This project may need to obtain an applicable National PollutanlDischarge Elimination System (NPDES) pennit coverage ITom the' State Water Resources Control Board or the California Regional Water Quality Control Board (RWQCB) - San Diego Region. Clearance for grading, recordation, or other final approval should not be given until the City has . project has been granted a permit or is shown to be exempt. . . . 83853.1 City of Temecula Re: PA02-0364 Roripaugh Town Center -2- August 15, 2003 If the mapped flood plain is impacted by the project, the City should require the appJicant to obtain a Section 160111603 Agreement from the California Department ofFish and Game and a Clean Water Act Section 404 Pennit from the U.S. Anny Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the RWQCB - San Diego Region prior to issuance of the Corps 404 Permit. Should you have any questions regarding this matter, please feel free to contact Teresa Tung at 909.955.4050- Very truly yours, ~~ \fl~K. L r~o{ STEPHEN C. THOMAS ~ Senior Civil Engineer TT:pln August 4, 2003 Mr. Thomas Thornsley, Case Planner Planning Dept. CityofTemecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA02-0364 (resubmittal), Rancho Temecula Town Center - RTA Comments Dear Mr: Thornsley: Thank you for the opportunity to review the site plan for the proposed retail center at the north- easterly corner of State Highway 79 North (Winchester Rd) and Nicholas Rd. A copy of the RT A staff reyiew memo regarding the project is attached. Existing RT A bus routes 23 and 79 pre- sently serve the project site and more routes are anticipated to serve Highway79 in the future. The proposed local transit Harveston Shuttle will likely also serve this shopping center. Riyerside Transit Agency advises that we find the overall project design generally acceptable. However, to encourage and enhance future transit use in this vicinity, RTA recommends a condi- tion of approval requiring the following transit amenities be included on a revised site plan or street improyement plan: . "A paved, lighted, RTA-standard and ADA-compliant bus turnout and bus stop, with . -- --_. mspacefo[.related-amef1ities-shallbeindicated-along-the-eastside-of.State-Highway-7.9.--..._- North, approximately adjacent to the northwest corner of building "Major H", or half the way between the SH79-Nicolas intersection and the first 'W1" driveway entry". Information note: Sufficient right-of-way appears available for a turnout without significant removal of sidewalks or required landscaping and with minimum disturbance of existing trees or utility structures. The RTA Best Practices Design Guide calls for bus turnouts to be positioned after, or down the street, from major intersections, depending on the direc- tion of traffic. The "related amenities" for the bus stop should incorporate a paved pas- senger waiting area and adequate space for future installation of bus rider benches, shelters and bus route signage by RT A, the City or their designee. Thank you for considering this revision- If you need additional clarification or I can be of further assistance, please call me at (909) 565-5164 or contact me online at m mccoy(â)riversidetransit. com. ~~J;æ æ(ïðß~~æ M;oh'" McC<>y Cy ~I ~ S,".,PI,""~ / ~:5 ZOO~ F:ldatalPlanninglMikeMlWordlDev Review\Temecula\2003lRTA Ltrhd - RchTemecTownCtr.d . July 22, 2004 R IYERSIDE " 0 U NT' AIRPORT LAND USE COIVtMlSSION ,C1 R ,~, RIVERSIDE COUNT, ¡y~ i ,I ~-f i'.,'~ r;;) ,'-, , ',' ,,-, In II" ' '. . ¡/i lif!: JUt .4 6 . oq,' /111 uU "",,4 i ü j '---' ~ ~ CHAIR City of T emecula, Planning Department RicStephens P.O. Box 9033 Riverside Temecula, CA 92589-9033 YlCECHAIRMAN Attn: Daniel Long Dave Hogan, All City ofTemecula COMMISSIONERS RE: Arthur BuUer Riverside AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW File No-: FV~04-104 Related File: PA02-0364 APN #: 920-100-001 thru 920-100"013 Jon Goldenbaum Riverside Dear Applicant Simon Housman Rancho Mirage On July 15, 2004, the Riyerside County Airport Land Use Commission (ALUC) found the Marge Tandy above-referenced project consistent with the French Valley Airport Comprehensiye Land Cily of Hemet Use Plan (CLUP), subject to the conditions of approval: .Sam Pratt emecula 1. Mark Ughtsey Hemet STAFF 'KelthD.Downs 2. Executive Director A.I.C.P.,AAA.E 3. 5555 IlIngIoo Ave, Riveoide,CA 92504 Tel: (951) 343-5493 4. Websil!: WWWMlJC.Œ' . Provide Avigation Easements to the French Valley Airport prior to sale of any property to any entity exempt from the Subdiyision Map Act, prior to recordation of any map, or issuance of any permit, whicheyer is first. The attached Notice shall be giyen to each prospectiYe buyer or tenant. No obstruction of the "FAR Part 77 Conical Surface" shall be permitted. Install hooded or shielded outdoor lighting to prevent either the spillage of lumens or reflection into the sky (lights must be downward facing). 5. The following uses shall be prohibited: a. Any use which would direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approyed naYigational signal light or yisual approach slope indicator. ' b. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. . July 22, 2004 Page 2 of 2 c. Any use which would generate smoke or water vapor or which would attract a large concentrations of birds, or which may otherwise affect safe air navigation within the area. d. Any use which would generate electrical interference that may be detrimental to any operation of aircraft and/or aircraft instrumentation. 6. No aboye ground storage of flammable materials shall be allowed. Should you haye any questions regarding this action, please contact me at (951) 343- 5493. Sincerely, RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION K~A.I.C~ r Executive Director KDD:jg Attachments: Notice of Airport in Proximity cc: ALUC Staff Mathew Fagan F:\Shared\EDCOM\AIRPORTS\ALUCIFrench Yalley\FY-04-104,L TR..doc . . . NOTICE OF AIRPORT IN , VICINITY This property is presently located in the vicinity of an airport, within what is, known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Profession Code 11010 12(A) @ Iancho Water Bo""orDi"""'~ Jeffrey L. Minkl.e P~ideet John E. lIoagl,nd So. Y"."""'ideet Stephen J. Coeena Ralph IL Daily Ben It: Dnik. Lin D. He= Cuba F. Ko omœ~' John F. HemUg.. Gmm! M=ag" Phillip L. Foebes DieretoeorFi=œ- Tee""", E.P. 'Bob" Le_~ DieretoeorEnginreri.g Ke=oth C- De,ly Di=ùoeor OpenUau & M.;.te~nœ Pe...." R. Louck Controll" July 30, 2003 Thomas Thornsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PARCELS NO.1 THROUGH NO. 13 OF PARCEL MAP NO. 26232-1; APN 920-100-001 THROUGH APN 920-100-013 RORIPAUGH TOWN CENTER Dear Mr. Thornsley: Pleas e-be- advised - tha t -the -a be v e- re f ere n ced-p ro pe rty - i s-Ioca ted-wi thin -the-- --- boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of [mancial arrangements between RCWD and the property owner and the construction of all required on- site and/or off-site water facilities- - If fire protection is required, the customer will need to contact RCWD for fees and requirements. Lind, M- Freg- ~:,';','::'.:;'~Admi""troU" Water availability would be contingent upon the property owner signing an C. Miebael Cowet< Agency Agreement that assigns water management rights, if any, to RCWD. B_t Bo.t & Krieg.. LLP Geo.m! Cou~1 If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~(?~ Steve Brannon, P.E. Development Engineering Manager 03\SB:aI183IFOI2-T6IFCF . Rancho Cnlifomia Wat.. D;,teiet 42135 Win,h~tee Road" P"t Oll"e Boo 0017 . T'm~,". C.liromia 92580-9017 . 1909) 296-6900 . FAX (909)296-6860 . . . EXHIBIT B CITY COUNCIL RESOLUTION NO. 04-- DEVELOPMENT PLAN R:ID 1'\2002102.0364 Roripaugh Towu CenterIDraft PC Reso & CofA-DP.doc 21 . . . RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0364, A DEVELOPMENT PLAN TO CONSTRUCT APPROXIMATELY 162,860 SQUARE FEET OF COMMERCIAL RETAIL SPACE, INCLUDING THREE MAJOR TENANTS, SEVEN PADS AND A TOTAL OF FOUR DRIVE-THROUGH FACILITIES, LOCATED AT THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, KNOWN AS APN: 920-100-001 THROUGH 920-100-013. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0365, Tentative Parcel Map; PA02-Q364, Development Plan; and PA04-0540, Conditional Use Permit, for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 04-_, recommending the City Council approval of a General Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Specific Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Tentative Parcel Map; and Resolution No. 04- recommending the City Council approval of a Conditional Use Permit; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Development Plan; F. On ,2004 and 2004, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:\D P\2002102-0364 Reripaugh Town CenterlCC Rese DP-Draft.doc G. On ,2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-_; approving a General Plan Amendment, Resolution No. 04; -; approving a Specific Plan Amendment, Ordinance No. 04-_; approving a Tentative Parcel Map, Resolution No. 04-_; and approving a Conditional Use Permit Resolution No. 04- . H. On ,2004, the City Council of the City of Temecula approved a Development Plan for the Project when it approved Resolution No. 04- Section 2. findings: The City Council of the City of Temecula hereby makes the following A. The Project, including the Development Plan, is compatible with the health, safety and w,elfare of the community. The Project, including the Development Plan, has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. B. The Project, including the Development Plan, is compatible with surrounding land uses. C. The Project, including the Development Plan, will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site and represents a relocation of existing land uses. Section 3. The City Council hereby makes the following findings as required in Section 17.05.010 of the Temecula Municipal Code . A. The proposed use is in conformance with the General Plan for the City of Temecula, the Roripaugh Estates Specific Plan, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. The City Council of the City of Temecula hereby approves the Application for a Development Plan (PA02-0364) for the construction of approximately 162,860 square feet of retail commercial space, including three major tenants, seven pads and a total of four drive- through facilities, located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporatèd herein by this reference as . though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. . R:ID P\2002102-0364 Roripaugh Town Center\CC Reso PP-Draft.doc . PASSED, APPROVED AND ADOPTED this - th day of ,2004 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 04-- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the _th day of ,2004, by the following vote: . AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk . R:ID P\2002102-0364 Roripaugh Town CenterlCC Reso DP-Draft.doc 3 . . . ATTACHMENT NO.7 PC RESOLUTION NO. 2004-- CONDITIONAL USE PERMIT R:ID 1'12002102-0364 Roripaugh Town CenterlSTAFF REPORT,dot 18 . . . PC RESOLUTION NO. 2004 - - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0540, A CONDITIONAL USE PERMIT ALLOWING A TOTAL OF FOUR DRIVE-THROUGH FACILITIES WITHIN A RELATED DEVELOPMENT PLAN (PA02-0364) CONSISTING OF APPROXIMATELY 162,860 SQUARE FEET OF RETAIL COMMERCIAL SPACE," LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, KNOWN AS ASSESSOR'S PARCELS NUMBERS 920-100-001 THROUGH 920-100-013. WHEREAS, Pacific Development Partners, LLC, filed Planning Application Nos. PA02- 0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0365, Tentative Parcel Map, PA02-0364, Development Plan; and PA04-0540, Conditional Use Permit, for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"), WHEREAS, Planning Application No. PA04-0540 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA04-0540 on October 20, 2004, 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; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Applications subject to and based upon the findings set forth hereunder; WHEREAS, the Planning Commission adopted Resolution No. 04-_recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; WHEREAS, the Planning Commission adopted Resolution No. 04-_, recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; Resolution No. 04-_, recommending the City Council approve a General Plan Amendment; Resolution No. 04-_, recommending the City Council approve a Specific Plan Amendment; and Resolution No. 04-_, recommending the City Council approve a Development Plan; WHEREAS, at the conclusion of the public hearing and after due consideration of the testimony, the Planning Commission approved Resolution No. 04-_, recommending that the City Council approve a Conditional Use Permit; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. RID P\2002102-0364 Roripaugh Town CenterlDraft CUP RESOLUTION.doc NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. ' Section 2. Findinas. The Planning Commission, in recommending the City Council approve Planning Application No. PA04-0540 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a request for four drive-through facilities, is consistent with the land use designation and policies reflected in the Roripaugh Estates Specific Plan, the land use standards in the General Plan and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of.State law and local ordinance, including the California Environmental Quality Act (CEQA)- B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is a commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The conditional use is a request for four drive-through facilities on commercially zoned land- The site is adequate in size and shape to accommodate the proposed drive- through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed Conditional Use Permit includes a request for four drive-through facilities. The nature of this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. RID P\2002102-0364 Roripaugh Town CenterlDraft CUP RESOLUTION.doc . . . . . . Section 3. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 4. Conditions. That the City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No- PA04-0540 (Conditional Use Permit) located on the northeast corner of Winchester Road and Nicolas Road, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of October 2004. John Telesio, Chairman ATTEST: 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. 2004-- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of October 2004, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:ID P\2002102-0364 Roripaugh Town CenterIDralt CUP RESOLUTION.doc . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT RID P\2002102-0364 Roripaugh Town CenterlDraft CUP RESOLUTION.doc . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0540 Project Description: A Conditional Use Permit allowing a total of four drive- through facilities within a related Development Plan (PA02-0364) consisting of approximately 162,860 square feet of retail commercial space, located on the northeast corner of Winchester road and Nicolas road, known as Assessors Parcel Numbers 920-100-001 through 920-100-013 DIF: TUMF: Retail Commercial Retail Commercial MSHCP: Retail Commercial Approval Date: November 5, 2003 Expiration Date: November 5, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body RID P\2002102-0364 Roripaugh Town CenterlDraft CUP RESOLUTION.doc 3. 4. 5. 6. 7. 8. including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . 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 Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. . The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. The applicant shall comply with their Statement of Operations dated September 30, 2004, (attached) on file with the Planning Department, unless superceded by these conditions of approval. ' . This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Deyelopment Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. If future tenants request the sales of alcohol, a separate conditional use permit shall be submitted for review and approval by the Planning Commission. 9. The applicant shall submit a separate development plan application to review the architecture, hardscape and landscaping for each drive-through facility. Drive-through facilities shall be screened with structural component of the building and include landscaped berms. 10. All drive-through lanes, including service windows shall be adequately screened, subject to approval by the Planning Director. POLICE DEPARTMENT 11. All exterior lighting surrounding the project site should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. . R:ID P\2002102-0364 Roripaugh Town CenterIDraft CUP RESOLUTION.doc . . . 12. 13. 14. 15. 16. 17. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated priyate alarm company, to notify the police department immediately of any intrusion. All multi-tenant buildings located within the center should have their own alarm system. All roof hatches shall be painted "International Orange." Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. 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 Signature Date Applicant Printed Name R:ID P\2002102-G364 Roripaugh Town Center\Draft CUP RESOLUTION.doc . . . EXHIBIT B CITY COUNCIL RESOLUTION 04-- CONDITIONAL USE PERMIT R:\D P\2002102-0364 Roripaugh Town CenterlDraft CUP RESOLUTION.doc . . . RESOLUTION NO. 04-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAO4-0540, A CONDITIONAL USE PERMIT ALLOWING A TOTAL OF FOUR DRIVE-THROUGH FACILITIES WITHIN A RELATED DEVELOMENT PLAN (PA02-0364) CONSISTING OF APPROXIMATELY 162,860 SQUARE FEET OF COMMERCIAL RETAIL SPACE, LOCATED AT THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, KNOWN AS APN: 920-100-001 THROUGH 920-100-013. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360, General Plan Amendment, PA02-0363, Specific Plan Amendment, PA02-0364, Development Plan, PA02-0365, Tentative Parcel Map, and PA04-0540, Conditional Use Permit, for the property consisting of approximately 20.2 acres generally located at the northeast corner of Winchester Road and Nicolas Road known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on October 20, 2004 to consider the applications for the Project and enYironmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 04-_, recommending the City Council approval of a General Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Specific Plan Amendment; Resolution No. 04-_, recommending the City Council approval of a Tentative Parcel Map; and Resolution No. 04- recommending the City Council approval of a Development Plan; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 04-_, recommending approval of a Conditional Use Permit; F. On " 2004 and 2004,the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:ID P\2002102-0364 Roripaugh Town CenterlCC Reso CUP-Draft.doc . G. On ,2004, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 04-_; approving a General Plan Amendment, Resolution No. 04- ~; approving a Specific Plan Amendment, Ordinance No. 04-_; approving a Tentative Parcel Map, Resolution No. 04-- ; and approving a Deyelopment Plan Resolution No. 04-- . H. On ,2004, the City Council of the City of Temecula approved a Conditional Use Permit for the Project when it approved Resolution No. 04- Section 2. findings: The City Council of the City of Temecula hereby makes the following A. The Project, including the Development Plan, is compatible with the health, safety and welfare of the community. The Project, including the Development Plan, has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. B. The Project, including the Development Plan, is compatible with surrounding land uses. C. The Project, including the Development Plan, will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site and represents a relocation of existing land uses. . Section 3. The City Council hereby makes the following findings as required in Section 17.05.010 of the Temecula Municipal Code A. The proposal, a request for four drive-through facilities, is consistent with the land use designation and policies reflected in the Roripaugh Estates Specific Plan, the land use standards in the General Plan and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and deyelopment of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is a commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures. C. The conditional use is a request for four drive-through facilities on commercially zoned land. The site is adequate in size and shape to acc.ommodate the proposed drive-through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The proposed Conditional Use Permit includes a request for four drive-through facilities. The nature of this use is not detrimental to the health, safety and general welfare of . RID P\2002\O2-0364 Roripaugh Town Cente!\CC Reso CUP'Dra1t.doc 2 . . . the community because the proposed project is providing a service that is needed in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Section 4. The City Council of the City of Temecula hereby approves the Application for a Conditional Use Permit (PA04-0540) to allow for a total of four drive-through facilities within a related Development Plan (PA02-0364) consisting of approximately 162,860 square feet of retail commercial space, located at the northeast corner of Winchester Road and Nicolas Road, known as Assessors Parcel No(s). 920-100-001 through 920-100-013 subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _th day of ,2004 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 04-- was duly and reguJarly adopted by the City Council of the City of Temecula at a regular meeting held on the _Ih day of 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:ID P\2002102-0364 Reripaugh Town CenterlCC Rese CUP-Draft.doc 3