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HomeMy WebLinkAbout06_035 PC Resolution PC RESOLUTION NO. 06-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0018 A MAJOR MODIFICATION TO A DEVELOPMENT PLAN INCLUDING FINAL ARCHITECTURAL ELEVATIONS FOR THE MULTI-FAMILY RESIDENTIAL BUILDINGS AND RETAIUOFFICE BUILDINGS; REPLACING TWO SPECULATIVE BUILDING PADS WITH A DRUG STORE TOTALING 17,500 SQUARE FEET (RITE-AID); MODIFICATION OF THE RECREATION CENTER, AND MODIFICATION OF THE ROOF PLANS); AND PA06-0019 A CONDITIONAL USE PERMIT FOR A DRIVE-THROUGH PHARMACY Section 1. Larry Markham, representing MDMG, Inc. filed Planning Application No. PA06-0018 and PA06-0019, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application Nos. PA06-0018 and PA06-019 were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered Planning Application Nos. PA06-0018 and PA06-0019 on April 19, 2006, 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. Section 4. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA06-0018 and PA06- 0019 subject to the conditions after finding that the project proposed in Planning Application Nos. PA06-0018 and PA06-0019 conformed to the City of Temecula General Plan and Development Code. Section 5. That the above recitations are true and correct and are hereby incorporated by reference. Section 6. Findings. The Planning Commission, in approving Planning Application No. 06-0018 (Major Modification) No. 06-0019 (Conditional Use Permit) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code. Develooment Plan PA06-0018 {Code Section 17.05-01m A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. The proposed uses are in conformance with the General Plan and with all applicable requirements of state law and local ordinances. The plan to develop an office/retail center and 160 apartment units is consistent with the General Plan land use designation of Office Professional and Medium Density Residential for the site. G:IPI'anning12006IPA06-0018 Temecula Village- Major MODIPlanninglPC RESOLUTlON.doc B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall development of the land as conditioned, is designed for the protection of the public health, safety, and general welfare. The development plan for the site is consistent with the City's Design Guidelines and conforms to all of the applicable sections of the Development Code and related Planned Development Overlay document. Provisions have been made to minimize the visual impact of the project, and all phases of construction will be inspected to ensure compliance with the applicable building and fire codes. Conditional Use Permit PA06-0019 (Code Section 17.04.010.E) C. The proposed conditional use is consistent with the General Plan and the Development Code. The proposal for a drive-through facility, is consistent with the land use designation and policies reflected in the land use standards in the General Plan and the City's Development Code, and Planned Development Overlay 5, Temecula Village. The site is, therefore, properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). D. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is a commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures. The drive-through facility will provide sufficient vehicle stacking distance and will incorporate landscaping to achieve on-site screening. E. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a drive-through facility on commercially zoned land. The site is adequate in size and Shape to accommodate the proposed drive-through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. G:IPlanningl2006\PA06-0018 Temecula Village- Major MODIPlanninglPC RESOLUTION.doc F. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Staff has reviewed the proposed project and feels it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Section 7. Environmental Comoliance. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (CEQA Section 15162 subsequent EIR's and Negative Declarations). The project has been analyzed within the previously approved Mitigated Negative Declaration for PAOO-0140. The proposed project has been conditioned to comply with the approved Mitigated Negative Declaration and the Mitigation Monitoring Program (attached). Section 8. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA06-0018 (Major Modification) to a Development Plan (PAOO-0140) including the architectural elevations for the multi-family residential buildings and retail/office buildings to replace two speculative building pads with a retail store totaling 17,500 square feet (Rite-Aid), modification of the recreation center, and modification of the roof plans and PA06-0019, (Conditional Use Permit) to allow a drive-through pharmacy for a Rite-Aid with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. G:IPlanningl20061P A06-0018 Temecula Village- Ml\ior MODIPlanninglPC RESOLUTlON.doc Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of April, 2006. ~~ Ron Guerriero, Chairman ATTEST: ~__c- U/.w' l:' ~ Debbie Ubnoske, Secretary [SEAL) \ .___ 4. ~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary ofthe Temecula Planning Commission, do hereby certify that the forgOing PC Resolution No. 06-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of April 2006, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 1 PLANNING COMMISSIONERS: Chiniaeff ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None -' ~-' t/~ Debbie Ubnoske, SecretarY G:IPlanningl2006IPA06-0018 Ternecula Village- Major MODIPlanninglPC RESOLUTION.doc " EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application Nos.: PA06-0018 and PA06-0019 Project Description: A Major Modification to a Development Plan (PAOo-0140) including the architectural elevations for the multi-family residential buildings and retaiUoffice buildings to replace two speculative building pads with a retail store totaling 17,500 square feet (Rite-Aid), modification of the recreation center, and modification of the roof plans. A Conditional Use Permit for a drive-thru pharmacy. Assessor's Parcel No. 944-090-012,013,014 MSHCP Category: DIF Category: TUMF Category: Residential! Commercial Residential Attached! Retail Commercial Residential-Multi-Family! Retail Commercial Approval Date: Expiration Date: April 19, 2006 April 19, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:\Planning\2006\PA06-0018 Temecula Village- Major MOOIPlanninglRnal COA.doc 1 GENERAL REQUIREMENTS G:IPlanning12006\PAOS-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 2 Planning Department 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. The applicant shall comply with the Conditions of Approval and the Mitigation Monitoring Program for Planning Application No. PAOO-0140. 6. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 8. A separate building permit shall be required for all signage (Sign program may be required). 9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 10. Per the Statement of Operations provided by the applicant and contained on file in the Planning Department, the store hours shall be 8:0(} AM to 10:00 PM, seven days a week (added by Planning Commission on April 19, 2006). 11. 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 staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. G:lPlanning\2006lPAOS-0018 Temecula Village- Maior MODlPlanninglFinal COA.doc 3 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 14. The applicant shall submit to the Planning Department 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. 15. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 16. All downspouts shall be internalized. 17. A separate building permit shall be required for all signage. 18. The project shall conform to all underlying Conditions of Approval for the Development Plan (PAOO-0140). 19. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. Public Works Department 20. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 21. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 22. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 23. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Fire Prevention 24. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). G:IPlanning\2006IPAOS-0018 Temecula Village- Malor MODIPlanninglFinal COA.doc 4 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2006\PA06-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 5 Planning Department 25. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 26. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subjectto review and approval by the Director of Planning. 27. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavationJconstruction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at hisJher sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult andlor authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 28. Prior to the issuance of grading permits, the developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 29. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 30. 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. 31. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 32. 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. 33. All sacred sites are to be avoided and preserved. G:IPlanning\2006\PAOS-0018 Temecula Village- Major MODIPlanninglFinal COA.doc S Public Works Department 34. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Cable TV Franchise i. Community Services District j. Verizon k. Southern California Edison Company I. Southern California Gas Company 35. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Rancho California Road (Arterial Highway Standards - 110' RJW) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho California Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair share of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 1 0' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal and interconnect at the intersection of Rancho California Road and the main entrance. e. Provide an additional 12' of right-of-way on Rancho California Road for future street widening. 36. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. G:lPlanning\2006IPA06-0018 Temecula Village- Maior MODlPlanning\Anal,COA.doc 7 37. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207, 207 A and/or 208. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard Nos. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301, 302 and/or 303. g. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. i. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 38. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Street "A" (private street) shall have a minimum paved width of 28-ft within a 50-ft. right-of-way. b. The driveway at the main entrance shall have a minimum paved width of 76-ft with a 6' sidewalk on each side. c. The easterly driveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. d. The driveway leading to the residential section shall have a minimum paved width of 28-ft. with a 5' sidewalk on one side. e. Cul-de-sac geometries shall meet current City Standards. f. 90 degree parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. g. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. h. All intersections shall be perpendicular (90 degre~). i. All driveways providing access to two or more buildings shall be designed as a cui- de-sac or a loop road. G:\Planning\2006IPA06-Q018 Temacula Village- Major MODIPlanninglFinal COA.doc 8 39. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 40. Relinquish and waive right of access to and from Rancho Califomia Road on the Parcel Map with the exception of three openings, as delineated on the approved Tentative Parcel Map. a. The westerly and easterly driveways shall be restricted to right-in/right-out. The main driveway shall have full turning movements. 41. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 42. All easements andJor right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 43. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 44. Any delinquent property taxes shall be paid. 45. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 1 OO-year floodplain b. Special Study Zones c. Geotechnical hazards identified in the project's geotechnical report d. Archeological resources found on the site 46. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 47. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. G:IPlanning\2006\PA06-0018 Temecula Village- Major MODIPlanning\Final COA.doc 9 48. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider_ Telephone, cable TV, andJor security systems shall be pre-wired in the residence. 49. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 50. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. 51. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all private streets and. drives. 52. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 53. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 54. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 55. A reciprocal ingress/egress access easement shall be provided for the review and approval by the Department of Public Works. 56. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions. 57. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Riverside County Health Department f. Community Services District g. Verizon h. Southern California Edison Company i. Southern California Gas Company G:IPlannlng\2006\PA06-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 10 58. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 59. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site. and provide recommendations for the construction of engineered structures and preliminary pavement sections. 60. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 61. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 62. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 63. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 64. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 65. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. G:IPlanning\2006\PAOS-0018 Temecula V:Uage- Major MODIPlanninglFinal COA.doc 11 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\200SIPAOS-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 12 Planning Department 66. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 67. All downspouts shall be internalized. 68. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: 69. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 70. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 71. Provide an agronomic soils report with the construction landscape plans. 72. One copy of the approved grading plan. 73. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 74. Total cost estimate of plantings and irrigation (in accordance with approved plan). 75. The locations of all existing trees that will be saved consistent with the tentative map. 76. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 77. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after- thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 78. Building Construction Plans shall include details outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape to match the style of the building subject to the approval of the Planning Director. 79. The applicant shall apply for, obtain approval of, and record a lot line adjustment for any parcel line impacted by the proposed Rite Aid store (added by Planning Commission on April 19, 2006). G:IPlanning\2006\PAOS-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 13 80. The applicant shall submit a "Site Section" exhibit indicating that the proposed roof ridgelines for all residential buildings on site will be no higher than the elevations shown on the previously approved "site section" exhibit for PAOO-0140 (added by Planning Commission on April 19, 2006). Public Works Department 81. Parcel Map shall be approved and recorded. 82. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 83. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 84. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 85. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08 (unless determined to be exempt under applicable law - added by Planning Commission on April 19, 2006). 86. All proposed and existing utility poles and lines that are less than 33 KV are to be underground. G:IPlanning\2006\PAoe-0018 Temecula Village- Maior MODIPlanninglFinal COA.doc 14 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlannlng\2006\PAOS-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 15 Planning Department 87. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 88. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 89. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department 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 Planning, the bond shall be released upon request by the applicant. 90. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 951 696-3000." 91. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 92. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 93. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:IPlanning\2006\PA06-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 16 Public Works Department 94. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works d. Southern California Edison 95. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 96. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 97. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. Fire Prevention 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum 12 inch numbers with suite numbers a minimum of six inches in size. All suites shall gave a minimum of six-inch high letters andJor numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four-inch letters and lor numbers, as approved by the Fire Prevention Bureau. G:\Planning\2006IPA06-0018 TemectJla Village- Major MODIPlanninglFinal COA.doc 17 OUTSIDE AGENCIES G:IPlanning\2006IPA06-0018 Temeoula Village- Major MODIPlanninglFinal COA.doo 18 99. The applicant shall comply with the letter (attached) sent by the County of Riverside Department of Environmental Health dated February 6, 2006. 100. The applicant shall comply with the letter (attached) sent by Rancho Water dated February 6, 2006. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. . Applicant's Signature Date Applicant's Printed Name G:IPlanning12006IPAOS-0018 Temecula Village- Major MODIPlanninglFinal COA.doc 19 ~ DE~ARTMENfIOFIENViRONMENTAtGHEAiTH , , . " , . . " " ',' . "LlIJ.ul!.1.,;li.JI...I,h...I.;" ...U-"'A..O,;ltl.l.!l~,WiIl.Llir.ll.i.l ""lill'~"~""'" '.""."".......'",'~...".."~..,~,',......,,.... ~"~..",..".,"...'".,,,.."...~.I. "'"....,~..u. .",,,,......,,.... .. February 6, 2006 City ofTemecula Planning Deparbnent P.O. Box 9033 Temecula, CA 92589-9033 Attention: Veronica McCoy O)~@rgUW~l r\\ FEB 0 9 2UU6 JJ RE: Development Plan No. PA06-OO19 By PlannIng Department Dear Ms_ McCoy: Department of Environmental Health has reviewed the i'LUl'u..oo Conditional Use Permit to allow for a Rite-Aid at the Temecula Village. Although, the site plan indicates that water and sewer services are existing we have no recent information in regards water and sewer availability. 1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "W"tll-serve" letters from the "i'r'~r.:ate water district b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a fInish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (951) 461.0284. " Sam Martinez, Supervising (909) 955-8980 NOTE. Any CUll'ellIlIdditioaa1 ...,',......".., not COYend.... be oppIic:able II limo of IluiIdiJlg PIm .mew fur fiDaI r _,""'" .... of L.. .:,." ,.... ...:a.llleallh cJeanmce. Local Enforcement Agency . ~O. Box 1280. Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street. 9th Floor. Riverside, CA 92501 Land Use and Water Engineering . ~O. Box 1206. Riverside. CA 92502-1206 . (909) 955-8980 . FAX (909)955-8903 . 4080 Lemon Street. 2nd Floor. Riverside. CA 92501 /' @ BadD later Board ofDirectore Ben R. Drake President Stephen J. Corona Sr. Vice President Ralph H. ....,. Lisa D. Herman .John E. Hoagland Micluwl R. MeMIUaD. Willlam E. Plummer OffIcers: Brian J. Brady Genonl_ Phillip L Forbe8 Assistant General Manager I Chief Financial Officer E. P. "Bob-LeIDOb.lf Director of Engineering Perry R. Louck Director of Planning .JertD. Anastron& Contro~ KeDi E. Garcia District Secretary C. Miehael Cowell Best BeR. Kriecer LLP Genonl """""I , . '" '\ February 6, 2006 Veronica McCoy City of Temecula . Planning Department 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 ;y~~~ 0 W~ ~ .1 FEB 0 8 2006 }) By SUBJECT: WATER AVAILABILITY Planning Department PROPOSED RITE-AID LOT NO. 24 OF TRACT NO. 3334 APN 944-290-012 CITY PROJECT NO. P A06-0019 [MJW PROP] Dear Ms. McCoy: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. All on-site public water facilities will require public utility easements in favor of . RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7J1;J;Jh7r!~f- I ~:hael G. Meyerpet~I.E. Development Engineering Manager 06\MM:lmOJOIFEG cc: Laurie Williams, Engineering Services Supervisor , Rancho Calilornia Water District 42135WinchesterRoad. Post Office Box 9017 . Temecula,Califurnia92589-9017 . (951)29EHi900 . FAX(951)29EHi860 www.ranchowater.oom