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08172022 PC Agenda
In 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 PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 17, 2022 - 6:00 PM CALL TO ORDER: Chairman Gary Watts FLAG SALUTE: Adam Ruiz ROLL CALL: Hagel, Ruiz, Telesio, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CONSENT CALENDAR 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 Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1.Minutes Approve the Action Minutes of July 20, 2022Recommendation: Page 1 Planning Commission Agenda August 17, 2022 Action MinutesAttachments: BUSINESS Members of the public may address the Commission on Business items that appear on the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca .gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. PUBLIC HEARING Any person may submit written comments to the 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 the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision . Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 2.Planning Application Number PA20-1025, a Development Plan application to construct an approximately 18,630 square foot building totaling three stories and PA21-1528, a Minor Exception to allow for an increase in separation between columns. The project is generally located approximately one hundred feet north of the Fifth Street and Old Town Front intersection, Eric Jones Adopt a resolution entitled: PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-1025, A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT AN APPROXIMATELY 18,630 SQUARE FOOT BUILDING TOTALING THREE STORIES AND PA21-1528 A MINOR EXCEPTION TO ALLOW FOR AN INCREASE IN SEPARATION BETWEEN COLUMNS FOR A PROJECT GENERALLY LOCATED Recommendation: Page 2 Planning Commission Agenda August 17, 2022 ONE HUNDRED FEET NORTH OF THE FIFTH STREET AND OLD TOWN FRONT STREET INTERCHANGE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-024-008) Agenda Report Vicinity Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing Draft Notice of Exemption for County Clerk Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, September 7, 2022, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on 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. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 20, 2022 - 6:00 PM CALL TO ORDER at 6:00 PM: Chairman Gary Watts FLAG SALUTE: Commissioner Bob Hagel ROLL CALL: Hagel, Ruiz, Telesio (absent), Turley-Trejo, Watts PUBLIC COMMENT The following individual(s) addressed the Commission on non-agendized items(s): Gary Oddi The following individual(s) addressed the Commission on agendized item(s): Alex Madrid (Item #4) The following individual(s) submitted an electronic comment on agendized items(s): Jason Cohen (Item #4) CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Telesio absent): Motion by Ruiz, Second by Turley-Trejo. The vote reflected unanimous approval with Telesio absent. 1. Minutes Recommendation:Approve the Action Minutes of June 15, 2022 BUSINESS 2. Long Range Project No. LR22-0738, General Plan Consistency Review for an Amendment to the Fiscal Years 2023-27 Capital Improvement Program, Mark Collins Recommendation: Adopt resolutions entitled: PC RESOLUTION NO. 2022-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA MAKING A FINDING OF CONSISTENCY WITH THE GENERAL PLAN FOR THE AMENDMENT OF THE FISCAL YEARS 2023-2027 CAPITAL IMPROVEMENT PROGRAM (CIP) TO 2 ADD ONE PROJECT TO THE CIP AND MAKE A FINDING OF EXEMPTION UNDER SECTIONS 15378(B)(4) AND 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) (LONG RANGE PLANNING PROJECT NO. LR22-0738) Approved the Staff Recommendation (4-0, Telesio absent): Motion by Turley-Trejo, Second by Hagel. The vote reflected unanimous approval with Telesio absent. PUBLIC HEARING 3. Planning Application Number PA21-0987, a Development Plan to construct an approximately 6,240 square foot express carwash. The project is located at 26478 Ynez Road, Eric Jones Recommendation: Adopt resolutions entitled: PC RESOLUTION NO. 2022-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0987, A DEVELOPMENT PLAN TO CONSTRUCT AN APPROXIMATELY 6,240 SQUARE FOOT EXPRESS CARWASH LOCATED AT 26478 YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-320-048) Approved the Staff Recommendation (4-0, Telesio absent): Motion by Hagel, Second by Turley- Trejo. The vote reflected unanimous approval with Telesio absent. 4. Planning Application No. PA20-1323, a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); PA20-1324, a Planned Development Overlay Amendment for PDO-5; PA20-1325, a Development Plan for a 134 unit apartment community built on 7.60 acres; and PA20-1326, a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel. The project is located on the south side of Rancho California Road, approximately 150 feet west of Cosmic Drive, Scott Cooper Recommendation: Adopt resolutions entitled: PC RESOLUTION NO. 2022-19 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 ADOPTING THE FINAL NEGATIVE DECLARATION FOR THE RENDEZVOUS PHASE II PROJECT CONSISTING OF A 134 UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN: 944-370-001, 005, 006, 007, 010, 012, 013)” 3 Approved the Staff Recommendation (4-0, Telesio absent): Motion by Ruiz, Second by Turley- Trejo. The vote reflected unanimous approval with Telesio absent. PC RESOLUTION NO. 2022-20 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 A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN LAND USE DESIGNATION FOR THE PARCELS OF THE RENDEZVOUS PHASE II PROJECT FROM PROFESSIONAL OFFICE TO A MEDIUM DENSITY RESIDENTIAL LAND USE (APN: 944-370-001, 005, 006, 007, 010, 012, 013) (PA20-1323)” Approved the Staff Recommendation (4-0, Telesio absent): Motion by Ruiz, Second by Turley- Trejo. The vote reflected unanimous approval with Telesio absent. PC RESOLUTION NO. 2022-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE TEMECULA VILLAGE PLANNED DEVELOPMENT OVERLAY (PDO-5) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FT WEST OF COSMIC DRIVE. (APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1324)” Approved the Staff Recommendation (4-0, Telesio absent): Motion by Ruiz, Second by Turley- Trejo. The vote reflected unanimous approval with Telesio absent. PC RESOLUTION NO. 2022-22 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 A DEVELOPMENT PLAN FOR A 134 UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN: 944-370-001, 005, 006, 007, 010, 012, 013) (PA20-1325)” Approved the Staff Recommendation, with revision to #20 of the Conditions of Approval as set forth in the staff presentation (4-0, Telesio absent): Motion by Turley-Trejo, Second by Ruiz. The vote reflected unanimous approval with Telesio absent. 4 PC RESOLUTION NO. 2022-23 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 TRACT MAP 38043 TO COMBINE EIGHT (8) EXISTING CONTIGUOUS PARCELS INTO A SINGLE PARCEL ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1326)” Approved the Staff Recommendation (4-0, Telesio absent): Motion by Ruiz, Second by Turley- Trejo. The vote reflected unanimous approval with Telesio absent. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 7:10 PM, the Planning Commission meeting was formally adjourned to Wednesday, August 3, 2022, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Gary Watts, Chairperson Luke Watson, Deputy City Manager STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: August 17, 2022 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA20-1025, a Development Plan application to construct an approximately 18,630 square foot building totaling three stories and PA21-1528, a Minor Exception to allow for an increase in separation between columns. The project is generally located approximately one hundred feet north of the Fifth Street and Old Town Front intersection. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15332, Class 32, In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Gabriela Marks General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Specific Plan No. 5 (Old Town) Existing Conditions/ Land Use: Site: Existing Commercial Structure / Specific Plan Implementation (SPI) North: Existing Alley, Existing Commercial Structures / Specific Plan Implementation (SPI) South: Existing Commercial Structure / Specific Plan Implementation (SPI) East: Existing Commercial/Residential Structure / Specific Plan Implementation (SPI) West: Old Town Front Street, Existing Commercial / Specific Plan Implementation Existing/Proposed Min/Max Allowable or Required Lot Area: 0.18 Acres Existing 0.08 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: 0 Spaces Proposed 0 Spaces Required AFFORDABLE/WORKFORCE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- N/A BACKGROUND SUMMARY On August 27, 2020, Gabriela Marks, submitted Planning Application PA20-1025 allow for the construction of a three-story commercial structure comprised of restaurant and office uses. On November 11, 2021, Planning Application PA21-1528 was submitted by the applicant to allow for a Minor Exception to increase the separation distance between columns on the west elevation. 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 in the Downtown Core (DTC) District approximately eighty feet north of the Old Town Front Street and Fifth Street intersection. Restaurant uses are planned for the first and third floors. Office uses are anticipated for the second floor. The building is designed to provide active street frontage along Old Town Front Street. Multiple points of pedestrian ingress and egress are illustrated on the floor plan for the first floor. The center and right entrance will each take pedestrians into suites designed for a restaurant use. The center entrance is architecturally enhanced from the others and creates a focal point for the structure. The third entrance (located on the left) will take pedestrians into an elevator lobby. The project also features a two-story gallery along Old Town Front Street. The gallery will allow for outdoor dining opportunities for the project. Parking is not required for the restaurant and office uses anticipated for the structure per the Old Town Specific Plan (OTSP). An existing alley is located immediately to the north of the project. All utilities (electrical and fire riser room), trash receptacles, and a stairwell are located off from this alley. The Specific Plan establishes a build-to-line for all new buildings. Within the DTC district, the building is required to be placed ten feet behind the property line. Two-story galleries are allowed to encroach into this space. The proposed building will meet the build-to-line requirement along the building frontage. In addition to build-to-line requirements, the Specific Plan establishes allowable building and frontage types appropriate for a vibrant public realm. The DTC district allows the following building types: Row House, Courtyard Building, and Commercial Block. The following frontage types are permitted in the DTC: Shop Front, Arcade, Gallery, Two-Story Gallery, and Forecourt. The proposed project incorporates the Commercial Block Building Type and the Two -Story Gallery Frontage Type. The project has proposed an effective design to create a vibrant streetscape by utilizing an appropriate building and frontage type. The OTSP requires that the width between columns of a Two -Story Gallery Frontage measure a maximum of 14’. The proposed distance for the project is 15-1”. The applicant has applied for a Minor Exception to address this difference. Minor Exceptions allow for a reduction of up to 15 percent of the code requirement. The proposed width between columns for the project is well within this allowance. Architecture The architectural design of the building is consistent with the OTSP. The three-story building incorporates a Spanish Mission Revival architectural style. The structure includes stucco finish, decorative wrought iron details, round arches, exposed rafter tails, and clay tile roofing. These elements are represented throughout the structure. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on August 4, 2022 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 15332, Class 32, In-Fill Development Projects. The project will allow for a three-story commercial building to be constructed on a site that is fully developed and is thus already serviced by all utilities. The project parcel is 0.18 acres and surrounded by urban uses with no value as habitat for endangered, rare, or endangered species. The project is consistent with the General Plan and all applicable zoning designations and will not have an adverse impact to traffic, noise, air or water quality. FINDINGS Development Plan (Section 17.05.010) 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 project will allow for restaurant and office uses within a proposed three-story structure. The General Plan designation is Specific Plan Implementation (SPI). Restaurant and office uses are permitted uses within the Old Town Specific Plan. Therefore, the uses are 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 to ensure compliance with the Building, Fire, and Development Codes. These codes contain provisions designed to ensure for the protection of the public health, safety, and general welfare. Negative impacts are not anticipated. Minor Exception (Section 17.03.060.D.2) That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The subject property is narrower than many surrounding properties. This narrowness created limitations when incorporating the commercial block building type with the two-story gallery frontage type as allowed by the specific plan. As a result, the separation between the columns exceeds the 14’ maximum allowed by the specific plan. The column separation will instead be 15’-1”. This is within the allowances of a Minor Exception and will enhance the building’s symmetry. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The Minor Exception does not grant special privileges that are not otherwise available to surrounding properties. Other properties do not have this same constraint on having parcels with narrow lots. Moreover, if other parcels do have physical constraints, those parcels can also apply for the exception. In addition, the exception will not be detrimental to the public health welfare or to the property of other persons located in the vicinity of the project. This is because the exception will only allow for a slight increase in the separation between three columns on the west elevation. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception will allow for an increased distance between architectural columns. Suitable conditions will be placed on the project to ensure surrounding properties are protected. In addition, the exception will not impact proposed uses for the structure. This is because all proposed uses will be required to be compatible with the Old Town Specific Plan. Negative impacts are not anticipated. ATTACHMENTS: 1. Vicinity Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Public Hearing 6. Draft Notice of Exemption for County Clerk MERCEDES STSIXTH STOLD TO W N FR O NT STMORENORD FIFTH STFOURTH STMAIN STPUJOL ST Project Site CITY OF TEMECULA PA20-1025 0 400200 Feet\Date Created: 3/31/2021 1:2,4001 inch = 200 feet 922-024-008 The map PA20-1025.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to updateand modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on thismap. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis !"#$15 APN: ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2020 PLANNING SUBMITTAL 10.21.19 ©SGOO TA EST RENEWAL DATE CF FLAI12-30-2021 NRAIRKRBA C-31482 AEI M ALICENS E D ARCH IT ECTL 28500 OLD TOWN FRONT ST. TEMECULA CA DEV. APPLICATION SUBMITTAL 8.24.20 1 PLANNING COMMENTS 11.18.20 OWNER:BESHAY DEVELOPMENT ARCHITECT:MARKS ARCHITECTS 2643 4TH AVE. SAN DIEGO CA 92103 619-702-9448 CONTACT: GABRIELA MARKS BUILDING AREA: FIRST FLOOR 4,902 SF SECOND FLOOR 5,900 SF THIRD FLOOR 4,251 SF TOTAL BUILDING AREA 17,520 SF 41856 IVY ST #201 MURRIETA CA 92562 APN:922-024-008 RESTAURANT OFFICE / RESTAURANT RESTAURANT ZONING DESIGNATION: SP-5 (OLD TOWN) ADDRESS:28500 OLD TOWN FRONT STREET TEMECULA CA LEGAL DESCRIPTION:THE NORTHWEST 70 FEET OF LOTS 1, 2, 3 AND 4 IN BLOCK 22 OF TOWN OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE NORTHEASTERLY 10 FEET OF OLD TOWN STREET VACATED BY THAT CERTAIN RESOLUTION NO. 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 46491 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND. GENERAL PLAN:SPI (SPECIFIC PLAN IMPLEMENTATION) EXISTING LAND USE: RETAIL TOTAL GROSS SITE AREA: 7,700 SF PARKING AREA: 0 SF LANDSCAPING AREA: 0 SF HARDSCAPE AREA: 700 SF FLOOR AREA RATIO: 2.41 OCCUPANCY :FIRST FLOOR M SECOND FLOOR B THIRD FLOOR A2 RETAIL / RESTAURANT RETAIL / OFFICE RESTAURANT TYPE OF CONSTRUCTION: VA- FULLY SPRINKLERED NUMBER OF STORIES: 3 BUILDING HEIGHT: 50' Old Town Front Street 28500 A1.0 SITE PLAN / FIRST FLOOR PLAN AND PROJECT DATA A1.1 SECOND FLOOR PLAN AND THIRD FLOOR PLAN A1.2 ROOF PLAN A2.0 COLOR ELEVATIONS A2.1 COLOR ELEVATIONS A2.2 ZONING ANALYSIS A3.1 3D RENDERINGS A4.0 BLACK AND WHITE ELEVATIONS A4.1 BLACK AND WHITE ELEVATIONS C1.0 CONCEPTUAL GRADING PLAN NOTES: ALL ON-SITE TREES TO BE REMOVED A2 B / A2 43 A2 134 DINING ROOM + 13 KITCHEN = 147 TOTAL OCCUPANTS 343 SF OCCUPANCY OCCUPANT LOAD5'-0"95'-0"10'-0"12'-6"34'-6"23'-0" ACCESSIBLE PATH OF TRAVEL 922-024-008 NO EASEMENTS 134 DINING ROOM + 13 KITCHEN = 147 1,550 SFOUTDOOR DINNING 2 CLIENT CHANGES 04.27.22110.00'VACANT LAND MULTI-FAMILY N45°30'48"W 70.00' N45°30'48"W 70.00' TRASH MAILBOXESN44°29'12"E 110.00'N44°29'12"E 110.00'XFMR WALL MOUNTED SBCFIRE RISER 4,902 SF RESTAURANTELECTRICAL ROOMELEV ELEVATOR LOBBY MAILBOXES5'-0"7'-11"21'-0"13'-0"2'-6"23'-8"6'-7"6'-7"13'-10"10'-0"19'-9"48'-8" 4'-10"15'-1"4'-10"15'-1"3'-11" 425 SFELEVATOR LOBBY 6321 SF 994 SFSTAIRS / UTILITY 6424 SF 524 SFSTAIRS AND ELEVATOR 4,775 SF 450 SFOUTDOOR DINING TOTAL TOTAL 607 SFBALCONIES 524 SFSTAIRS AND ELEVATOR TOTAL TOTAL OUTDOOR AREA 2,607 SF BUILDING BREAKDOWN: ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2020 PLANNING SUBMITTAL 10.21.19 ©SGOO TA EST RENEWAL DATE CF FLAI12-30-2021 NRAIRKRBA C-31482 AEI M ALICENS E D ARCH IT ECTL 28500 OLD TOWN FRONT ST. TEMECULA CA DEV. APPLICATION SUBMITTAL 8.24.20 1 PLANNING COMMENTS 11.18.20N44°29'12"E 110.00'N44°29'12"E 110.00'XFMR WALL MOUNTED SBC4,251 SF ELEV ELEVATOR LOBBY UTILITY TRASH CHUTE OUTDOOR DINING 1,550 SF RESTAURANT 2 CLIENT CHANGES 04.27.22N44°29'12"E 110.00'N44°29'12"E 110.00'XFMR WALL MOUNTED SBC5,900 SF OFFICE OR ELEV ELEVATOR LOBBY UTILITY TRASH CHUTE BALCONY 431 sf BALCONY176 sf HYDRAULIC N45°30'48"W 70.00' RESTAURANT5'-0"7'-11"28'-9"7'-8"23'-8"27'-0"12'-5"56'-2"5'-0"7'-11"28'-9"7'-8"23'-8"27'-0"12'-5"56'-2" 43'-10" 1'-8" 21'-2" 2'-5"10'-0" 10 0 5 . 5 1004.51004.5 1003.5 1004.51005.5 1005100510051004 1003N44°29'12"E110.00'N45°30'48"W 70.00'N44°29'12"E 110.00'N45°30'48"W 70.00'93.0'12.5'19.90'10.0'5.00'30.0'9.95'21.87'21.87' 100 4 100 4 . 5 1005 1003.5 1005.98FF 1005.96FS 1005.67 FS 1005.39FS 2.17' STEM WALL 1004.98FF 1004.96FS MATCH (1003.40FS) MATCH (1003.25FS) MATCH (1003.24FS)MATCH (1003.28FS) MATCH (1003.34FS) 1003.54FS 0.67' STEM WALL OVERHEAD POWER LINE SERVING SITE TO BE UNDERGROUND 1003.50FF 1003.48FS 1003.50FF 1003.48FS FACE OF BUILDING FACE OF BUILDING (1006.02TC) (1005.56FS) (1006.52TC) (1004.94FG) MATCH (1005.26FS) MATCH (1005.12FL) MATCH (1005.28FS) MATCH (1004.74FS) MATCH (1003.92FS) MATCH (1003.50FS) EXISTING TREE WELL PROPOSED TREE WELL 1.17' STEM WALL 2.00' STEM WALL 2.50' STEM WALL 0.12' DEEPENED FOOTING 2.30' STEM WALL 2.50' STEM WALL 0.12' DEEPENED FOOTING 2.50' STEM WALLMATCH (1005.00FS) MATCH (1004.50FS) MATCH (1004.00FS) EXISITNG 3-STORY BUILDING (N.A.P.) EXISTING VACANT LAND (N.A.P.) EXISITNG CONCRETE SIDEWALK (N.A.P.) SINGLE -STORY BUILDING (N.A.P.) EXISTING ROW IMPROVEMENTS (N.A.P.) EXISTING ALLEY DRIVEWAY APPROACH (N.A.P.) FF=1003.50 PAD=1003.17 AA BBCC 1.0%5.0'FLOOD NOTE: CITY IS IN PROCESS OF REMOVING THE EXISTING FLOOD DESIGNATION OF SITE OLD TOWN FRONT STREETEXISTING ALLEY20.0'DDEXISTING ELECTRICAL BOX EXISTING STREET LIGHT EXISTING ELECTRICAL METER TO BE RELOCATED EXISTING GAS METER TO BE RELOCATED 1003.50FF 1003.48FS 9 0 . 0 ' EXISTING PUBLIC FIRE HYDRANT PROPOSED FIRE SPRINKLER RISER ROOM 1004.18FF 1004.16FS 1.8%MAX26.26' 9.67' PROPOSED CONCRETE PAVEMENT PROPOSED CONCRETE PAVEMENT PROPOSED CONCRETE PAVEMENT EXISTING CONCRETE PAVEMENT 4' WIDE CONCRETE RIBBON GUTTER 4.0' EXISTING CONCRETE SIDEWALK AND ROLLED CURB TO BE PROTECTED IN PLACE EXISTING SEWER CLEANOUT 2.83'57.50' 1004.22 FS 1004.72 FS 1004.75 FS 1004.85 FS TRASH ENCLOSURE ELECTRICAL ROOM FF=1004.98 STAIRWELL FF=1004.27 1004.08 FS 1004.27FF 1004.25FS 1004.18FF 1004.16FS ELEVATOR LOBBY FF=1003.50 1003.74FS 0.50' STEM WALL 0.83' STEM WALL 0.90' STEM WALL 1.5' STEM WALL 1005.11FS 0.40' STEM WALL 17.75'13.75'24.33'EXISTING ELECTRICAL METER TO BE RELOCATED 1004.62FS 0.60' STEM WALL 1004.05 TOP OF RAMP 1003.50 BOTTOM OF RAMP 57.5'8.3%4.5'6.6'PROPOSED TRANSFORMER PROPOSED INTERIOR RAMP COVERED/ ENCLOSED PATIO COVERED/ ENCLOSED PATIO STAIRWELL FF=1005.98 NOTE: SEE GEOTECHNICAL REPORT FOR PAD DETAILS EXISTING BFP 1003.0 1005.0 1007.0 1001.0 ⅊ SECTION A-A SCALE = 1"-5' 1001.0 1003.0 1005.0 1007.0 1009.0⅊ 20.00' MATCH (1004.41FS) FOOTING PER SEPARATE STRUCTURAL PLANS 1004.36 FS STEM WALL 1004.61TW 1009.0 EX. ALLEY PROPOSED BUILDING 1004.27FF 4.00' 2.00'2.00' 4' WIDE CONCRETE RIBBON GUTTER 1005.0 1007.0 1009.0 1003.0 SECTION B-B SCALE = 1"=5' 1003.0 1005.0 1007.0 1009.0 1011.0⅊ 5.00' FOOTING PER SEPARATE STRUCTURAL PLANS 1005.54 FS STEM WALL 1004.81TW 1011.0 1005.44 FS 1001.0 1001.0 (1006.12TC) (1005.58FG)PROPOSED BUILDING 1003.50FF 1005.0 1007.0 1009.0 1003.0 SECTION C-C SCALE = 1"=5' 1003.0 1005.0 1007.0 1009.0 1011.0⅊ FOOTING PER SEPARATE STRUCTURAL PLANS STEM WALL 1005.50TW 1011.0 (1004.82 FS) 1001.0 1001.0 PROPOSED BUILDING 1003.0 1005.0 1007.0 1001.0 SECTION D-D SCALE = 1"-5' 1001.0 1003.0 1005.0 1007.0 1009.0⅊ 9.08' MATCH (1003.40FS) 1009.0 EXISTING CONCRETE SIDEWALK 10.02' MATCH (1003.24FS) PROPOSED BUILDING PAVED WALKWAY (1003.12TC) (1002.72FL)EXISTING ROLLED CURB NUMBER DATE APP'V'D AJC AMACHECKED BY: DRAWN BY: DATE: PLANS PREPARED BY: AARON M. ALBERTSON DATE R.C.E. 65513, EXP. 9/30/21 11/05/21 11/05/21 28500 OLD TOWN FRONT STREET TEMECULA, CA 92236 1 RECOMMENDED FOR APPROVALS: DATE: APPROVED FOR CONSTRUCTION: PATRICK THOMAS, PE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER RCE NO. 44223 DATE: COUNTY OF RIVERSIDE BENCH MARK NO. 600-7-68 ELEV = 1005.651 DATUM: NGVD 1929 DATED: 1970 DESCRIPTION: STANDARD BRASS DISK STAMPED J63 AT TEMECULA, ON MAIN STREET, 100 FEET SOUTH OF AND ACROSS THE STREET FROM THE POST OFFICE, AT A HOTEL BUILDING (FORMER FIRST NATIONAL BANK BUILDING), SET VERTICALLY IN THE NORTHEAST CONCRETE WALL, 1.5 FEET NORTHWEST OF THE EAST CORNER OF A DOOR COLUMN AT THE EAST CORNER OF THE BUILDING, 2.3 FEET ABOVE THE FIRST CONCRETE ENTRANCE STEP, AND ABOUT 2.5 FEET HIGHER THAN THE STREET. 1 1 NOT TO SCALE VICINITY MAP 28500 OLD TOWN FRONT STREET TEMECULA, CA 92590 SITE ADDRESS: 922-024-008 APN: SOILS ENGINEER PETRA GEOSCIENCES 40880 COUNTY CENTER DRIVE SUITE M TEMECULA, CA 92591 CONTACT: GRAYSON WALKER, GE PHONE: 951-600-9271 CIVIL ENGINEER COMMERCIAL DEVELOPMENT RESOURCES 4121 WESTERLY PLACE #112 NEWPORT BEACH, CA 92660 CONTACT: AARON ALBERTSON, P.E. TEL: 949.610.8997 SURVEY SURVEYING & DRAFTING SERVICES, INC. 901 SEWARD STREET LOS ANGELES, CA 90038 CONTACT: OFER SHAPIRA, LS TEL: 323.366.2882 (XX.XX) EXISTING ELEVATION APN ASSESSOR'S PARCEL NUMBER BW BACK OF WALK CF CURB FACE CL CENTERLINE ELEV ELEVATION ELEC ELECTRICAL EPB ELECTRIC PULL BOX EX EXISTING FG FINISH GRADE FF FINISH FLOOR FL FLOW LINE FS FINISH SURFACE GB GRADE BREAK MAX MAXIMUM MH MANHOLE MIN MINIMUM MWD MUNICIPAL WATER DISTRICT OC ON CENTER OCS ORANGE CO. SANITATION TC TOP OF CURB TG TOP OF GRATE TYP TYPICAL VCP VITRIFIED CLAY PIPE W WIDTH WM WATER METER ABBREVIATIONS:LEGEND PROPOSED CONCRETE PROPOSED DECORATIVE HARDSCAPE. SEE ARCHITECTURAL PLANS FOR FINISH, MATERIAL, AND COLOR. PLEASE NOTE THAT THE HATCH PATTERN SHOWN IS NOT INDICATIVE OF FINAL PATTERN. LANDSCAPE PROPERTY LINE CENTERLINE EASEMENT PROPOSED ALLEY IMPROVEMENTS ADA ACCESS ROUTE ARCHITECT MARKS ARCHITECTS 2643 4TH AVE. SAN DIEGO, CA 92103 CONTACT: GABRIELA MARKS 619-702-9448 CONCEPTUAL GRADING PLAN OWNER/APPLICANT BESHAY DEVELOPMENT 41856 IVY STREET SUITE #201 MURRIETA, CA 92562 CONTACT: MARNEE WOODS 951-322-4066 NOTES 1. REFERENCE DOCUMENT FOR LEGAL DESCRIPTION AND EASEMENTS: COMMONWEALTH LAND TITLE COMPANY PRELIMINARY REPORT, ORDER NO. 09190439, DATED FEBRUARY 4, 2016. 2. THE LOCATION OF UNDERGROUND UTILITIES SHOWN HEREON HAVE BEEN ESTABLISHED FROM A FIELD SURVEY OF SURFACE FEATURES, CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO CONSTRUCTION. 3. GROSS AREA 0.176 ACRES (7,700 SQUARE FEET). 4. THE PROPERTY LINES, BEARINGS AND DIMENSIONS, SHOWN HEREON, ARE ESTABLISHED FROM AVAILABLE RECORD INFORMATION AND ARE SUBJECT TO VERIFICATION BY A COMPLETE FIELD BOUNDARY RETRACEMENT SURVEY. 1. SETBACKS OF SLOPES TO PROPERTY LINES SHALL CONFORM TO THE CITY OF TEMECULA MUNICIPAL CODE REQUIREMENTS. 2. ONE (1) EXISTING, 1-STORY RETAIL STORE AND ONE (1) EXISTING METAL STORAGE BUILDING IS LOCATED ON SITE. 3. PROJECT WILL BE PART OF THE CITY OF TEMECULA'S ALTERNATIVE COMPLIANCE PROGRAM 4. TOTAL PARCEL ACREAGE: 7,700 SF / 0.176 AC 5. ALL EXISTING OVERHEAD UTILITIES ON SITE ARE TO BE UNDERGROUNDED PROJECT INFORMATION NOTE: PERMISSION FROM ADJACENT PROPERTY OWNER WILL BE REQUIRED PRIOR TO CONSTRUCTION LEGAL DESCRIPTION THE NORTHWEST 70 FEET OF LOTS 1,2,3, AND 4, IN BLOCK 22 OF TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE NORTHEASTERLY 10 FEET OF OLD TOWN STREET VACATED BY THAT CERTAIN RESOLUTION NO. 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 46491 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND. EASEMENT NOTE THERE ARE NO EASEMENTS PER THE PROVIDED PRELIMINARY TITLE REPORT. 7 9 PROJECT SITE 6TH STREET4TH STREETMAIN STREETO L D T O W N F R O N T S T R E E T NOTE: ALLEY IS PROPOSED TO BE CONCRETE ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2020 PLANNING SUBMITTAL 10.21.19 ©SGOO TA EST RENEWAL DATE CF FLAI12-30-2021 NRAIRKRBA C-31482 AEI M ALICENS E D ARCH IT ECTL 28500 OLD TOWN FRONT ST. TEMECULA CA DEV. APPLICATION SUBMITTAL 8.24.20 1 PLANNING COMMENTS 11.18.20 ALL ROOF TOP EQUIPMENT TO BE SCREENED BY THE PARAPET 2 CLIENT CHANGES 04.27.22N44°29'12"E 110.00'N44°29'12"E 110.00'OUTDOOR DINING 1,550 SF R.D. R.D.R.D.SLOPE 1/4" / FTSLOPE 1/4" / FT35'-0"MULTI-FAMILY 3-STORY BUILDING 35'-0" ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2020 PLANNING SUBMITTAL 10.21.19 ©SGOO TA EST RENEWAL DATE CF FLAI12-30-2021 NRAIRKRBA C-31482 AEI M ALICENS E D ARCH IT ECTL 28500 OLD TOWN FRONT ST. TEMECULA CA DEV. APPLICATION SUBMITTAL 8.24.20 Sign Sign Sign Sign Sign ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2020 PLANNING SUBMITTAL 10.21.19 ©SGOO TA EST RENEWAL DATE CF FLAI12-30-2021 NRAIRKRBA C-31482 AEI M ALICENS E D ARCH IT ECTL 28500 OLD TOWN FRONT ST. TEMECULA CA DEV. APPLICATION SUBMITTAL 8.24.20 PAINTED STUCCO COLOR: SW6385 DOVER WHITE FINISH: SANTA BARBARA MISSION PAINTED STUCCO - U.O.N. COLOR: SW6143 BASKET BEIGE FINISH: SANTA BARBARA MISSION PRECAST CONCRETE MEDALLION MANUFACTURER: PINEAPPLE GROVE MODEL: CALYX-050 (16"X16") WROUGHT IRON FENCE CLAY TILE COLOR: BEACH STONE Sign Sign Sign Sign Sign SignSign Sign Sign ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2020 PLANNING SUBMITTAL 10.21.19 ©SGOO TA EST RENEWAL DATE CF FLAI12-30-2021 NRAIRKRBA C-31482 AEI M ALICENS E D ARCH IT ECTL 28500 OLD TOWN FRONT ST. TEMECULA CA DEV. APPLICATION SUBMITTAL 8.24.20 PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-1025, A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT AN APPROXIMATELY 18,630 SQUARE FOOT BUILDING TOTALING THREE STORIES AND PA21-1528 A MINOR EXCEPTION TO ALLOW FOR AN INCREASE IN SEPARATION BETWEEN COLUMNS FOR A PROJECT GENERALLY LOCATED ONE HUNDRED FEET NORTH OF THE FIFTH STREET AND OLD TOWN FRONT STREET INTERCHANGE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-024-008) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 27, 2020, Gabriela Marks, filed Planning Application No. PA20-1025, a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. On March 16, 2021, Gabriela Marks, filed Planning Application No. PA21-1528, a Minor Exception Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the applications and environmental review on August 17, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application Nos. PA20-1025 and PA21-1528 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010 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 project will allow for restaurant and office uses within a proposed three-story structure. The General Plan designation is Specific Plan Implementation (SPI). Restaurant and office uses are permitted uses within the Old Town Specific Plan. Therefore, the uses are 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 to ensure compliance with the Building, Fire, and Development Codes. These codes contain provisions designed to ensure for the protection of the public health, safety, and general welfare. Negative impacts are not anticipated. Minor Exception, Development Code Section 17.03.060.D.2 C. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The subject property is narrower than many surrounding properties. This narrowness created limitations when incorporating the commercial block building type with the two-story gallery frontage type as allowed by the specific plan. As a result, the separation between the columns exceeds the 14’ maximum allowed by the specific plan. The column separation will instead be 15’-1”. This is within the allowances of a Minor Exception and will enhance the building’s symmetry. D. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The Minor Exception does not grant special privileges that are not otherwise available to surrounding properties. Other properties do not have this same constraint on having parcels with narrow lots. Moreover, if other parcels do have physical constraints, those parcels can also apply for the exception. In addition, the exception will not be detrimental to the public health welfare or to the property of other persons located in the vicinity of the project. This is because the exception will only allow for a slight increase in the separation between three columns on the west elevation. E. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception will allow for an increased distance between architectural columns. Suitable conditions will be placed on the project to ensure surrounding properties are protected. In addition, the exception will not impact proposed uses for the structure. This is because all proposed uses will be required to be compatible with the Old Town Specific Plan. Negative impacts are not anticipated. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan and Minor Exception Applications: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development Projects) The project will allow for a three-story commercial building to be constructed on a site that is fully developed and is thus already serviced by all utilities. The project parcel is 0.18 acres in size and is surrounded by urban uses and has no value as habitat for endangered, rare, or endangered species. The project is consistent with the General Plan and all applicable zoning designations and will not have an adverse impact to traffic, noise, air or water quality. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA20-1025, a Development Plan application to construct an approximately 18,630 square foot building totaling three stories and PA21-1528 a Minor Exception to allow for an increase in separation between columns located approximately one hundred feet north of the Fifth Street and Old Town Front Street intersection, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of August, 2022. Gary Watts, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2022- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of August, 2022, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA20-1025 28500 Old Town Front Street: A Development Plan application to construct an approximately 18,630 square foot building totaling three stories. The project is located at 28500 Old Town Front Street. Assessor's Parcel No.: 922-024-008 Commercial MSHCP Category: Retail Commercial DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Per WRCOG Requirements N/A (Non-Residential Project) August 17, 2022 August 17, 2025 New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) PLANNING DIVISION Within 48 Hours of the Approval Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Determination as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor – County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 1. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to the Planning Commission’s actions, this approval and the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 2. 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 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. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. 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. 7. 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. 8. 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. 9. 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. Main Walls: Stucco, Santa Barbara Mission, SW6385 Dover White Wall Trim: Stucco, Santa Barbara Mission, SW6143 Basket Beige Entry Door: Wood Stain Roof: Clay Tile Base: Precast Stone, Valori Precast, Capuccino Smooth 10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 11. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 12. 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. 13. 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. 14. 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. 15. Public Art Ordinance. The applicant shall comply with the requirements of the City’s Public Art Ordinance as defined in Chapter 5.08 of the Temecula Municipal Code. 16. 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. 17. 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. 18. 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.” 19. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 20. 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.” 21. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: “A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property.” 22. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: “A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 23. 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.” 24. 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.” 25. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 26. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL-4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 27. 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. 28. Prior to Issuance of Building Permit 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 29. Downspouts. All downspouts shall be internalized. 30. 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. 31. Photometric Plan. The applicant shall submit a photometric plan, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. 32. 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. 33. 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. 34. 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.” 35. 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. 36. 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. 37. 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. 38. 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. 39. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 40. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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 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. 46. 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. 47. 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. 48. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 49. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 50. Outside Agencies Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated September 17, 2020, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier’s check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 51. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 26, 2021, a copy of which is attached. 52. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District’s transmittal dated April 20, 2021, a copy of which is attached. 53. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District’s transmittal dated March 31, 2021, a copy of which is attached. 54. 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. 55. 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. 56. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 57. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City’s Engineering and Construction Manual and as directed by Public Works. 58. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 59. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 60. Prior to Issuance of a Grading Permit 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 61. 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. 62. 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 63. 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. 64. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 65. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24-hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 66. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Conditional Letter of Map Revision (CLOMR) from FEMA. A FEMA-approved CLOMR shall be submitted to Public Works for review and approval. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 67. 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. 68. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 69. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 70. 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. 71. Prior to Issuance of Encroachment Permit(s) Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 72. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 73. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 74. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s Paving Notes. 75. Prior to Issuance of Building Permit(s) Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City’s Old Town Specific Plan and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans’ standards to join existing street improvements. a. Improve alley along the northerly property boundary - (Old Town Specific Plan Standard) - to include installation of full-width alley improvements, paving, concrete ribbon gutter, drive approach, drainage facilities, utilities (including but not limited to water and sewer). 76. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Letter of Map Revision (LOMR) from FEMA. A FEMA-approved LOMR shall be submitted to Public Works. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 77. Certifications. Certifications are required from the registered civil engineer-of-record certifying the building pad elevation(s) per the approved plans and from the soil’s engineer-of-record certifying compaction of the building pad(s). 78. 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. 79. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 80. 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. 81. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 82. 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. 83. 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. 84. 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. 85. 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. 86. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single-family residential projects. 87. 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. 88. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 89. Demolition. Demolition permits require separate approvals and permits. 90. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 91. 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. 92. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 93. 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. 94. Fire Requirement. The fire sprinkler riser room, that will house the fire sprinkler riser and fire alarm control panel will be located on the alley side of the building approximately 32 feet and is located right behind the elevator. This room may also be required to house the double detector check valve. This will need to be coordinated with Rancho Water. 95. Prior to Issuance of Building Permit(s) Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. A control valve for each floor will be located in the fire sprinkler riser room. The FDC will be wall mounted on the front of the building. These plans must be submitted prior to the issuance of building permit. 96. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire lateral coming into the building with the double detector check valve assembly. Plans shall be signed by a registered civil engineer. Since there are no on-site fire hydrants, and all hydrants are public and existing, there is no fire flow requirements for the hydrants. It will be determined by the sprinkler contractor to provide your flow at the base of riser and provide this information to Rancho California Water District. The plans must be submitted and approved prior to building permit being issued. 97. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. The fire alarm control panel will be located in the fire sprinkler riser room located on the side of the building. These plans must be submitted prior to the issuance of building permit. 98. Prior to Issuance of Certificate of Occupancy Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 99. Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 100. POLICE DEPARTMENT General Requirements Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower-level windows. 101. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by “would-be burglars.” Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 102. Berm Height. Berms shall not exceed three feet in height. 103. Knox Box. Knox boxes with Police access are required at each gate leading into the property. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 104. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. 105. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 106. Outdoor Lighting During Non-Business Hours. The applicant shall comply with the Governor’s order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states, “All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property.” Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 107. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 108. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. 109. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 110. Roof Hatches. All roof hatches shall be painted “International Orange.” 111. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 112. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well-lit, highly visible area, and installed with a “call-out only” feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 113. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: PA20-1025 & PA21-1528 APPLICANT: Gabriela Marks PROPOSAL: A Development Plan application to construct an approximately 18,630 square foot building totaling three stories a Minor Exception to allow for an increase in separation between columns. The project Is generally located approximately one hundred feet north of the Fifth Street and Old Town Temecula Intersection at 28500 Old Town Front Street. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15301, Class 32, In-Fill Development Projects. CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: August 17, 2022 TIME OF HEARING: 6:00 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. 1 City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com August 18, 2022 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 PA20-1025, a Development Plan application to construct an approximately 18,630 square foot building totaling three stories and PA21-1528 a Minor Exception to allow for an increase in separation between columns and column diameter. The project is generally located approximately one hundred feet north of the Fifth Street and Old Town Front intersection at 28500 Old Town Front Street. Dear Sir/Madam: 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 email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Eric Jones at email: eric.jones@TemeculaCA.gov. Sincerely, Luke Watson Deputy City Manager Enclosures: Notice of Exemption Electronic Payment - 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: 28500 Old Town Front Street Development Plan & Minor Exception (PA20-1025/PA21-1528) Description of Project: A Development Plan application to construct an approximately 18,630 square foot building totaling three stories and a Minor Exception to allow for an increase in separation between columns and column diameter. Project Location: Generally located approximately one hundred feet north of the Fifth Street and Old Town Front intersection at 28500 Old Town Front Street. Applicant/Proponent: Gabriela Marks The Planning Commission approved the above described project on August 17, 2022 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 15332, Class 32, In- Fill Development Projects) Other: Section 15162 Categorical Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: The project will allow for a three-story commercial building to be constructed on a site that is fully developed and is thus already serviced by all utilities. The project parcel is 0.18 acres in size and is surrounded by urban uses and has no value as habitat for endangered, rare, or endangered species. The project is consistent with the General Plan and all applicable zoning designations and will not have an adverse impact to traffic, noise, air or water quality. 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: