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HomeMy WebLinkAbout06102021 DH AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING TEMECULA CITY HALL 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 10, 2021 - 1:30 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in-person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the Planning Manager. Email comments must be submitted to stuart.fisk@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. All email comments shall be subject to the same rules as would otherwise govern public comments at an in-person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The Planning Manager shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Board may provide, consistent with the time limit for speakers at an in-person Director’s Hearing meeting. The email comments shall become part of the meeting record. CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. Item No. 1 1:30 PM Project Number: PA21-0048 Project Type: Modification Project Title: Chick-Fil-A Modification Application Applicant: Patrick Salcedo Project Description: Planning Application Number PA21-0048, a Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure, and add building square footage and landscaping. The project is located at 40531 Margarita Road. Environmental Action: Section 15301, Class I, Existing Facilities Project Planner: Eric Jones, Case Planner ADJOURNMENT NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City’s website at TemeculaCA.gov. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. ITEM 1 1 STAFF REPORT – PLANNING CITY OF TEMECULA DIRECTOR'S HEARING TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE OF MEETING: June 10, 2021 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA21-0048, a Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure, and add building square footage and landscaping. The project is located at 40531 Margarita Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Patrick Salcedo General Plan Designation: Community Commercial (CC) Zoning Designation: Specific Plan 7 (Temecula Regional Center) Existing Conditions/ Land Use: Site: Existing Commercial Structure / Community Commercial (CC) North: Existing Parking Lot, Existing Commercial Structure / Community Commercial (CC) South: Existing Drive Aisle, Existing Commercial Structure / Community Commercial (CC) 2 East: Margarita Road, Existing Residential / Low Medium (LM) Residential West: Existing Drive Aisle, Vacant Lot / Community Commercial (CC) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.92 Acres 0.74 Acres (Minimum) Total Floor Area/Ratio: 0.11 Proposed 0.30 (Maximum) Landscape Area/Coverage: 0.24 0.20 (Minimum) Parking Provided/Required: 47 Spaces (Reciprocal Access and Parking Agreement in Effect) 63 Spaces (Minimum) AFFORDABLE/WORKFORCE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- N/A BACKGROUND SUMMARY On January 11, 2021, Patrick Salcedo submitted Planning Application PA21-0048, a Modification application to allow revisions to an existing commercial structure and related site including the drive-thru and an increase in landscaping. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The project is located within the Temecula Regional Center at a fully developed site consisting of a fast food restaurant with a drive-thru. The project will allow for a square footage increase to the existing structure, relocation of the trash enclosure, as well as incorporate an additional drive-thru lane to help shorten the length of the queue. The project site is accessed via internal drive-aisles within the center. Ingress and egress to the site from these dive aisles will remain unchanged. The existing ADA parking area will be relocated further east. This parking relocation is necessary since the current drive-thru stacking queue frequently blocks access to the ADA spaces. With regard to parking, the City of Temecula Development Code (Section 17.24.040) states that the parcel is required to have 63 parking spaces. 3 The project proposes 47 on-site parking spaces. The difference is made up via a Reciprocal Parking and Access Agreement that is in effect for the overall shopping center. Architecture The modification will allow an approximately 334 square foot addition to the existing structure. The extra square footage will be applied to the kitchen area. In addition, the trash enclosure will be relocated to allow for the dual lane drive-thru. This addition and relocated trash enclosure will be architecturally integrated with the site by utilizing matching materials, colors, and textures from the original structure. Landscaping The current landscaping for the project covers 23% of the site. The proposed project will update landscaping to ensure compliance with current code requirements. In addition, the percentage of landscape coverage for the site will increase to 24% (609 square foot increase) as a result of the project. The minimum landscape coverage requirement is 20%. Plant types for the project include Crape Myrtle, Dwarf Aloe, Deer Grass, and Red Yucca. Drive Thru City staff requested a Drive-Thru Queuing Analysis as part of the project. This request was made due to the stacking issues observed for the existing restaurant. TJW Engineering, Inc. prepared the analysis for the project. Their analysis concluded that the stacking provided for the project is adequate for keeping the queue on-site and not blocking ADA parking spaces. In addition, the analysis stated that queuing lengths are expected to decrease once COVID-19 restrictions are officially lifted. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press Enterprise on May 27, 2021 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The project will allow for a minor square footage increase for an existing use and include the incorporation of an additional drive-thru lane for an existing drive-thru facility. These additions will improve the overall operations of the facility and improve the wait times and queue length of the existing drive-thru. These revisions represent a negligible impact to the existing facility. Negative impacts are not anticipated. 4 FINDINGS Modifications (Code Section 17.05.030.E) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed project will allow for an additional drive-thru lane, additional square footage to the existing structure, and relocate the trash enclosure. The use will remain as a fast food restaurant at the completion of the project. Therefore, the use will remain in conformance with the General Plan for Temecula and with all applicable requirements of State Law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed and conditioned to ensure compliance with the Building, Development, and Fire Codes. These Codes contain provisions designed to provide for the protection of the public health, safety, and general welfare. Negative impacts are not anticipated. In addition, the project will need to complete the building permit plan check process to obtain a building permit before any work is done on the project site. ATTACHMENTS: 1. Vicinity Map 2. Plan Reductions 3. DH Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Public Hearing 6. Draft Notice of Exemption or Notice S O N O R A C I RMARGA RITARDR I NGRDV E R D ESLNGENERAL KEARNY RDCHANTEMARWAYPROMENADEMALL M A LLA C C E S S R D Project Site CITY OF TEMECULA PA21-0048 \Date Created: 5/20/2021 1:1,8001 inch = 150 feet 910-470-029 The map PA21-0048.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. ENGINEER'S PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER DRAWN BY Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 NO.DATE DESCRIPTION REVISION SCHEDULE FSR#CHICK-FIL-A1509 CFA 03044 PLANNINGTEMECULA FSU40531 MARGARITA ROAD, TEMECULA, CAA 1 B C D A B C D E 234 1234 5 5 03-22-21 PJS TITLE SHEET LANDCADD 1987 Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. ENGINEER'S PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER DRAWN BY Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 NO.DATE DESCRIPTION REVISION SCHEDULE FSR#CHICK-FIL-A1509 CFA 03044 PLANNINGTEMECULA FSU40531 MARGARITA ROAD, TEMECULA, CAA 1 B C D A B C D E 234 1234 5 5 03-22-21 PJS GRADING EXHIBIT Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. ENGINEER'S PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER DRAWN BY Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 NO.DATE DESCRIPTION REVISION SCHEDULE FSR#CHICK-FIL-A1509 CFA 03044 PLANNINGTEMECULA FSU40531 MARGARITA ROAD, TEMECULA, CAA 1 B C D A B C D E 234 1234 5 5 03-22-21 PJS SITE PLAN LANDCADD 1987 Information contained on this drawing and in all digital files produced for above named project may not be reproduced in any manner without express written or verbal consent from authorized project representatives. ENGINEER'S PROJECT # PRINTED FOR DATE SHEET SHEET NUMBER DRAWN BY Chick-fil-A 5200 Buffington Road Atlanta, Georgia 30349-2998 NO.DATE DESCRIPTION REVISION SCHEDULE FSR#CHICK-FIL-A1509 CFA 03044 PLANNINGTEMECULA FSU40531 MARGARITA ROAD, TEMECULA, CAA 1 B C D A B C D E 234 1234 5 5 03-22-21 PJS WATER QUALITY MANAGEMENT PLAN DH RESOLUTION NO. 2021- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0048, A MODIFICATION APPLICATION TO ALLOW AN EXISTING FAST FOOD RESTAURANT TO RECONFIGURE THE EXISTING DRIVE-THRU, RELOCATE AN EXISTING TRASH ENCLOSURE, AND ADD SQUARE FOOTAGE AND LANDSCAPING AT 40531 MARGARITA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-470-034) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On January 11, 2021, Patrick Salcedo, on behalf of the Owner, filed Planning Application No. PA21-0048, a Modification Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Director of Community Development, at a regular meeting, considered the Application and environmental review on June 10, 2021, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director’s Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA21- 0048 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA21-0048, conformed to the City of Temecula’s General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA21-0048, hereby makes the following findings as required by Development Code Section 17.05.030.E (Modifications). A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City.; The proposed project will allow for an additional drive-thru lane, additional square footage to the existing structure, and relocate the trash enclosure. The use will remain as a fast food restaurant at the completion of the project. Therefore, the use will remain in conformance with the General Plan for Temecula and with all applicable requirements of State Law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed and conditioned to ensure compliance with the Building, Development, and Fire Codes. These Codes contain provisions designed to provide for the protection of the public health, safety, and general welfare. Negative impacts are not anticipated. In addition, the project will need to complete the building permit plan check process to obtain a building permit before any work is done on the project site. Section 3. Environmental Findings. The Director of Community Development hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The project will allow for a minor square footage increase for an existing use and include the incorporation of an additional drive-thru lane for an existing drive-thru facility. These additions will improve the overall operations of the facility and improve the wait times and queue length of the existing drive-thru. These revisions represent a negligible impact to the existing facility. Negative impacts are not anticipated. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA21-0048, a Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure, and add square footage and landscaping located at 40531 Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 10th day of June, 2021 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director’s Hearing, do hereby certify that the forgoing DH Resolution No. 2021- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 10th day of June, 2021 Denise Jacobo, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA21 -0048 Chick-Fil-A Modification Application: A Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure and add square footage and landscaping. The project is located at 40531 Margarita Road. Assessor's Parcel No.: 910-470-028 910-470-029 910-470-034 Commercial MSHCP Category: Service Commercial DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Per WRCOG Requirements N/A (Non-Residential Projects) June 10, 2021 June 10, 2024 New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) PLANNING DIVISION Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashier’s check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). 1. General Requirements ADA Parking. All ADA parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Bond Language. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements.” 4. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 6. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 7 (Temecula Regional Center). 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 11. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 12. Paint Inspection. The applicant shall paint a three-foot-by-three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 13. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 14. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Walls Materials and Colors: Match Existing 15. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 16. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 17. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 18. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 19. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 20. Landscape Pre-construction Meeting. Prior to issuance of any Building Permits, a pre-construction landscape meeting shall be held between the project manager, assigned Planner, and the City’s landscape consultant. 21. Construction and Demolition Debris. The developer shall contact the City’s franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City’s franchise solid waste hauler for disposal of construction and demolition debris. Only the City’s franchisee may haul demolition and construction debris. 22. Prior to Issuance of Grading Permit Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 23. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 24. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: “If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director.” 25. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: “If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment.” 26. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: “The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition.” 27. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: “All sacred sites are to be avoided and preserved.” 28. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: “No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist.” If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 29. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 30. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the “most likely descendant(s)” of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. 31. Prior to Issuance of Building Permit Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 32. Transportation Uniform Mitigation Fee (TUMF). The Western Riverside County of Governments administers and collects the Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance (paid to WRCOG). The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. Additional information on payment, fees, and points of contact can be found at http://www.wrcog.cog.ca.us/174/TUMF 33. Downspouts. All downspouts shall be internalized. 34. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 35. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 36. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, “Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond.” The applicant/owner shall contact the Planning Division to schedule inspections. 37. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, “The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection.” 38. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 39. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 40. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, “Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond.” The applicant/owner shall contact the Planning Division to schedule inspections. 41. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 42. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 43. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 44. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 45. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 46. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. 47. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the all residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 48. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 49. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 50. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 51. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 52. PUBLIC WORKS DEPARTMENT General Requirements Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 53. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 54. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 55. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 56. Prior to Issuance of a Grading Permit Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 57. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City’s Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 58. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 59. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project’s Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City’s storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 60. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement. 61. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site’s soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 62. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document’s format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 63. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. 64. Prior to Issuance of a Certificate of Occupancy Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 65. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 66. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 67. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 68. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 69. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 70. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 71. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 72. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 73. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 74. Demolition. Demolition permits require separate approvals and permits. 75. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 76. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 77. FIRE PREVENTION General Requirements Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 78. Prior to Issuance of Building Permit(s) Required Submittals (Fire Sprinkler Systems). Any changes to the existing fire sprinkler system, which includes moving existing sprinkler heads or re-locating existing sprinkler heads, will require a tenant improvement permit. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 79. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: CASE NO: PA21-0048 APPLICANT: Patrick Salcedo PROPOSAL: A Major Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure, and add square footage and landscaping. The project is located at 40531 Margarita Road. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with State CEQA Guidelines Section 15301, Existing Facilities. CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in-person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. DATE OF HEARING: June 10, 2021 TIME OF HEARING: 1:30 PM Submission of Public Comments: For those wishing to make public comments at the June 10, 2021, Director’s Hearing, please submit your comments by email to be read aloud at the meeting by the Planning Manager. Email comments must be submitted to Stuart Fisk at Stuart.Fisk@TemeculaCA.gov. Email comments on the public hearing must be received prior to the close of the public hearing. All email comments shall be subject to the same rules as would otherwise govern public comments at an in-person meeting. Public Comments for this public hearing may only be submitted via email. Comments via text and social media will not be accepted. The Planning Manager shall read all email comments, provided that the reading shall not exceed three (3) minutes, consistent with the time limit for speakers at an in-person Director’s Hearing meeting. The email comments shall become part of the meeting record. Email shall include written correspondence. Availability of Materials: The complete agenda packet (including any supplemental materials) will be available for viewing on the City’s website – https://temeculaca.gov/911/Committee-Noticed-Meetings after 4:00 p.m. the Friday before the Director of Community Development Meeting. For more information or if you have questions regarding this project, please contact Eric Jones at (951) 506-5115 or the Community Development Department at (951) 694-6400. Judicial Review: Any petition for judicial review of a decision of the Director of Community Development shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Director shall be limited to those issues raised at the hearing or in written correspondence delivered to the Planning Manager at, or prior to, the public hearing described in this notice. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov June 11, 2021 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA21-0048, a Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure, and add square footage and landscaping. The project is located at 40531 Margarita Road. Dear Ms. Anderson: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please return a stamped copy of the Notice of Exemption within five working days after the 30-day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Eric Jones at (951) 506-5115. Sincerely, Luke Watson Director of Community Development Enclosures: Check Copies of this letter (2) Self-addressed stamped envelopes (2) Previous Filing Fee Receipt (if applicable) 2 City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Chick-Fil-A (PA21-0048) Description of Project: A Modification application to allow an existing fast food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure, and add square footage and landscaping. Project Location: 40531 Margarita Road Applicant/Proponent: Patrick Salcedo The Community Development Director approved the above described project on June 10, 2021 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statutory Exemptions (Section Number: ) Categorical Exemption: (Section 15301, Class 1, Existing Facilities) Other: Section 15162 Categorical Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the applicable General Plan designation because drive-thru restaurants are a conditionally allowable use within Community Commercial (CC) district. The project also meets all applicable General Plan and Zoning policies and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within City limits and is located on a site that is 0.92 acres in size. The proposed project is substantially surrounded by commercial structures as well as a major roadway. 3 The project site has no value as habitat for endangered, rare or threatened species. The project site is currently a fully developed site with an existing commercial building and paved parking lot. The project proposes to expand the drive-thru and add square footage to the existing structure. Therefore, the project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project was required to prepare a Water Quality Management Plan (WQMP) that was reviewed and accepted for entitlement by City Staff as the WQMP meets the requirements of the City of Temecula. A Queuing Analysis was also prepared by TJW Engineering, Inc. which indicated that the additional drive-through lane and queuing lanes are adequate for any queueing scenario associated the with the project. Therefore, the project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality as the project, as conditioned, is an allowed use per the City of Temecula General Plan. The site can be adequately served by all required utilities and public services. The project site is surrounded by development and is able to be serviced by all required utilities and public services. Contact Person/Title: Eric Jones, Associate Planner Telephone Number (951) 506-5115 Signature: Date: Luke Watson, Director of Community Development Date received for filing at the County Clerk and Recorders Office: