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HomeMy WebLinkAbout06_044 PC Resolution PC RESOLUTION NO. 06-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-o037, A CONDITIONAL USE PERMIT WITH A DEVELOPMENT PLAN FOR A 22,522 SQUARE FOOT MIXED USE COMMERCIAURESIDENTIAL BUILDING KNOWN AS DALTON III Section 1. David Kniff, representing KEA Architecture, filed Planning Application No. PA06-0037, in a manner in accordance with the City of Temecula General Plan and Development Code. Section 2. The Application was 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 the Application on May 17, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons has an opportunity to and did testify either in support or in oppositions to this matter. Section 4. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; Section 5. All legal preconditions to the adoption of this Resolution have occurred. Section 6. Findinas. The Planning Commission, in approving the Application hereby makes the following findings as required by Sections 17.04.010E and 17.05.010.F of the Temecula Municipal Code. Conditional Use Permit (17.04.010E) A. The proposed conditional use is consistent with the General Plan and the Old Town Temecula Specific Plan; The proposal is for a mixed use complex, with retail on the first floor and residential uses on the second and third floors. The project is consistent with the land use designation and policies reflected for the Community Commercial (CC) land use designation within the City of Temecula's General Plan, and the development standards of the Tourist Retail Core (TRe) designation in the Old Town Temecula Specific Plan. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed mixed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed mixed use project against the adjacent land uses and has determined that the proposed uses will be a complimentary addition to the area. The Dalton /I Building to the east of the proposed use is a retaiVoffice building and the proposed use will be a complimentary addition. G:\Planning\2006\PA06-Q037 Dalton III - CUPlPlanning\PClResolution with Sectinns.docl C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Old Town Temecula Specific Plan and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project against the Old Town Temecula Specific Plan requirements for a mixed use project and has found that the project meets all of the requirements. On site parking for the project is not required per the Specific Plan, however, 13 parking spaces will be provided. D. 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 mixed use, and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Planning; This application has been brought before the Planning Commission at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Planning eommission renders their decision. Development Plan (17.05.010.F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; The proposal is consistent with the land use designation and policies reflected for the eommunity eommercial (ee) land use designation within the eity of Temecula's General Plan, and the development standards of the Tourist Retail Core (TRe) designation in the Old Town Temecula Specific Plan. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed 22,522 square foot four-story retaiVresidential building. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The proposed architecture is consistent with the Architectural requirements as stated in the Old Town Temecula Specific Plan. The proposed architecture is consistent with the architectural styles found in ealifomia between 1890 and 1920. The architect has created a building that employs many of the key elements found on buildings of the required time period. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. G:IPlanning\2006IPA06-Q037 Dalton III - CUPlPlanninglPClResolution with Sections.doc2 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 (Class 15332, In-Fill Development Project). Section 8. Conditions. The Planning Commission of the City of Temecula approves the Application PA06-0037, all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of May 2006. b,~,", _r Ron Guerriero, hairman ATTEST: ~-c..~ ~~ Debbie Ubnoske, Secretary [SEAL] / , ~I , - '-. STATE OF CALlFORNIA),~~' COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-44 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 May 2006, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0\ PLANNING COMMISSIONERS: None ~~/rl:' ~~. Debbie Ubnoske, Secretary ~ G:IPlanning\2006IPA06-0037 Dalton III - CUPlPlanninglPC\Resolution with Sections.d0c3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0037 Project Description: A Conditional Use Permit and Development Plan for a proposed 22,522 square foot mixed use commerciaVresidential building known as Dalton III, located at 41955 Fifth Street, generally located on the north side of Fifth Street, approximately 200 feet east of Front Street Assessor's Parcel No. 922-024-010 and 011 MSHCP Category: DIF Category: TUMF Category: ResidentiaVCommercial Attached ResidentiaV Retail Commercial Multi-Family ResidentlaV Retail Commercial , Approval Date: Expiration Date: May 17, 2006 May 17, 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 ealifornia 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:IPlanning\2006\PA06-0037 Dalton III - CUPIPlanninglPCIFinal COA's.doc 1 GENERAL REQUIREMENTS G:IPlanning\2006\PA06-0037 Dalton III - CUPlPlanninglPClFinal COA's.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. 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. 6. A separate building permit shall be required for all signage. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. . 8. 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. Material Color Stucco Dunn Edwards SP2750 Phoenix Vanilla Roof Tiles Clay barrel tiles by MCA #B301, Old Mission blend Forest Green Fabric Red fired brick (natural) Wood Stained with Okon Weathered Brown Awning Brick wall Wood details, beams, and posts G:IPlanning\2006\PA06-0037 Dalton III - CUPIPlanninglPClFinal COA's.doc 3 9. 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. 10. 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. 11. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. Public Works Department 12. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 13. 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. 14. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 15. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 16. A Water Quality Management Plan (WQMP) shall be submitted to the City. The WQMP will include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. ' Building and Safety Department 17. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 18. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. G:IPlanning\2006\PA06-Q037 Dalton III - CUPIPlanninglPClFinal COA's.doc 4 19. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 20. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 21. Obtain all building plans and permit approvals prior to commencement of any construction work. 22. Show all building setbacks. 23. Developments with multi-tenant buildings or shell buildings shall 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 the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 24. Provide an approved automatic fire sprinkler system. 25. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 26. Provide disabled access from the public way to the main entrance of the building. 27. Provide van accessible parking located as close as possible to the main entry. 28. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 29. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 30. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. G:IPlanning\2006\PA06-0037 Dalton III - CUPlPlanninglPClFinal COA's.doc 5 31. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-l. The developer shall provide for this project, a water system capable of delivering 1750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2150 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). 32. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-l. A combination of on-site and oft-site super/ire hydrants (6" x 4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 33. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a'water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required (CFC 903.2). 34. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC see 902). Community Services Department 35. This development shall be able to accommodate a recycling bin, as well as, a regular solid waste container. 36. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction and demolition debris. 37. The developer shall comply with the Public Art Ordinance. 38. ,All landscaping, fencing and on-site lighting shall be maintained by the property owner or private maintenance association. G:IPlanning\2006\PA06-0037 Dalton III - CUPIPlanninglPClFinal COA's.doc 6 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2006\PA06-0037 Dalton III - CUPlPlanninglPClFinal COA's.doc 7 Planning Department 39. 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, subject to review and approval by the Director of Planning. 40. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the 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." Public Works Department 41. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 42. 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. 43. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 44. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 45. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. G:IPlanning\2006\PA06-Q037 Dalton III - CUPlPlanninglPClFinal COA's.doc 8 46. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 47. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 48. As deemed necessary by. the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department. c. Public Works Department 49. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 50. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 51. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 52. 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. 53. The site is in an area identified on the Flood Insurance Rate Map as Flo.od Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. G:IPlanning\2006\PA06-0037 Dalton III - CUPlPlanninglPCIFinal COA's.doc 9 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2006IPA06-0037 Dalton III - CUPlPlanninglPClFinal COA's.doc 10 Planning Department 54. 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. 55. The applicant shall submit a Certificate of Compliance to the Planning Department for review and approval. 56. All downspouts shall be internalized. 57. 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: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide an agronomic soils report with the construction landscape plans. c. One copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). f. 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. 58. 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. 59. Building Construction Plans shall include details outdoor areas (including but not limited to trellises, decorative furniture, fountains, and hardscape to match the style of the building subject to the approval of the Planning Director. 60. Building plans shall indicate that all roof hatches shall be painted "International Orange." 61. 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 G:IPlanning\2006\PA06-0037 Dalton III - CUPlPlannlnglPClFinal COA's.doc 11 r 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. Public Works Department 62. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards for Old Town subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard No. 400. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. All street and driveway centerline intersections shall be at 90 degrees. g. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. 63. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Fifth Street (Local Road Standards for Old Town - 60' R/W) to include installation of half-width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve 20' Alley (Local Road Standards - 20' R/W) to include dedication of full- width street right-of-way, installation of full-width street improvements, paving, drainage facilities, utilities (including but not limited to water and sewer). 64. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 65. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Sewer and domestic water systems c. Under grounding of proposed utility distribution lines 66. A construction area Traffic Control Plan shall be designed by a :registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street G:IPlanning\2006\PAOS-0037 Dalton III - CUPlPlanninglPClFinal COA's.doc 12 closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 67. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Fifth Street. 68. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 69. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 70. 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. Building and Safety Department 71. Obtain street addressing for all proposed buildings prior to submittal for plan review. 72. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 73. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 74. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 75. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 76. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 77. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 78. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 79. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be G:IPlanning\2006\PA06-0037 Dalton III - CUPIPlanninglPClFinal COA's.doc 13 installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). Community Services Department 80. The developer shall satisfy the City's park land dedication requirement (Quimby) through payment of in-lieu fees equivalent to .27 acres of land. The amount of the in-lieu fee shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager. 81. Prior to the issuance of the building permit or the installation of additional street lighting on Fifth Street, which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the Old Town Streetlight maintenance program. 82. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:IPlanning\2006IPA06-0037 Dalton III - CUPlPlanninglPCIFinal COA's.doc 14 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\2006\PA06-Q037 Dalton III . CUPIPianninglPCIFinal COA's.doc 15 Planning Department 83. 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 thE1 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. 84. 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. 85. 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. 86. 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. 87. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 88. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 89. 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 90. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 91. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. G:IPlanning\2006\PA06-0037 Dalton III - CUPlPlanninglPCIFinal COA's.doc 16 Fire Prevention 92. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 93. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors (CFC 901.4.4). 94. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 95. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 96. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door (CFC 902.4). 97. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 98. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection. G:IPlanning\2006IPA06-0037 Dalton III - CUPlPlanninglPCIFinal COA's.doc 17 OTHER AGENCIES G:IPlanning\2006\PA06-Q037 Dalton III - CUPlPlanninglPClFinal COA's.doc 18 99. Comply with the Temecula Police Department Conditions dated February 27,2006. 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:IPianning\2006\PAOS-0037 Dalton III - CUPIPlanninglPClFinal COA's.doc 19 TEMECULA POLICE DEPARTMENT Crime Prevention & Plans Unit: 28410 Old Town Front Street, Suite 105, Temeoula, CA 92590 (951) 695-2773 Fax: (951) 506-5708 Date: February 27,2006 Project Number: PA06-0037 Project Type: Conditional Use Permit - (1 st Submittal) Project Name: Dalton III Project Description: A proposed Conditional Use Permit with a Oevelopment Plan application submitted on 216/06 for a 22.522 square foot mixed use building called Dalton III located on Fifth Street within the Old Town Specific Plan Bill Dalton Applicant: Case Planner: Christine Damko The following comments pertain to Officer Safety, Public Safety and Crime Prevention measures regarding this planning project transmittal. 1. Landscaping: Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. Applicant shall ensure all trees surrounding the building roof top be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from the building. b. Any burms should not exceed 3' in height. c. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through Environmental Design (CPTED) (See conditions item #9 below). 2. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance, California Government Code 8565. Furthermore, recommend all exterior lighting be in compliance with Mt. Palomar Lighting Ordinance 665 requiring low-pressure sodium lighting. a. Recommend all exterior doors have their own vandal resistant fixtures installed '~. .~. .,~-- above each door. The doors should be illuminated with a minimum one (1) foot candle illumination at ground level, evenly dispersed. b. All exterior night lighting should be wall mount light fixtures to provide sufficient lighting during hours of darkness and to prevent problems on the premises. , c. The Governors Order to address the power crisis became effective March 18, 2001. This bill calls 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." i ! d. "Failure to comply with this order following a warniRg by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in accordance with section 13565 of the California Goyernment Code." 3. Hardware: Recommend all doors, windows, locking mechanisms, hinges, and other miscellaneous hardware is commercial or institution grade. 4. Graffiti: Any graffiti painted or marked upon the building should be removed or painted over within twenty-four (24) hours of being discovered. Alarm System: Upon completion of construction, the building shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suiteslbusinesses located within a specific building should have their own alarm system. This does not apply to apartment type buildings. 6. Roof Hatches: All roof hatches should be painted "International Orange." 5. 7. Public Teiephones: Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 8. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 9. Crime-Free Multi-Housing Program: Recommend project manager contact the Temecula Police Department regarding pre-qualifying the units as a "Crime-free Multi- housing unit. This program involves the Police and Fire Departments. All managers must attend a mandatory training course; pass all lighting and Crime Prevention through Environmental Design (CPTED) inspections dealing with landscaping. Upon completion, the complex will be granted status as being a crime-free multi-housing complex with proper signage posted at the entrance to the complex. Requalification is done on an annual basis. Furthermore, the definition of Crime Prevention through Environmental Design (CPTED) as developed by the National Crime Prevention Institute (NCPI) at the University of Louisville as "the proper design and effective use of the built environment can lead to reduction in the fear and incidence of crime, and an improvement in the quality of life." The primary nine CPTED strategies are: I i Provide clear border definition of controlle~ space. Examples of border definition may include fences, shrubbery o~ signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as means of identifying controlled space.l ,J a. i b. Provide clearly marked transitional zones. . Persons need to be able to identify when they are moving from public t ) semi-public to private space. c. Relocation of gathering areas. Gathering E reas or congregating areas need to be located or designated in locatiolls where there is good surveillance and access control. d. Place safe activities in unsafe locations. Si lfe activities attract normal users to a location and subs~quenUy rende' the location less attractive to abnormal users due to observation and porsible intervention. I e. Place unsafe activities in safe locations. PI icing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. Redesignate the use of space to provide nl'!tural barriers. Separate activities that may conflict with each other (9utdoor basketball court and children's play area, for example) by distam;e, natural terrain or other functions to avoid such conflict. I ! g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. ! ' f. ',-/ h. Redesign space to increase the perception pf natural surveillance. Abnormal users need. to be aware of the risk of detection and possible intervention. Windows and clear lines-of-si~ht serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 10. Crime Prevention: i a. All retailing businesses shall contact the California ~etailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 1127-11'" Street, Suite 1 030, Sacramento, CA 958~ 4 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. b. Business desiring a business security survey of their location can contact the '-' '. i Crime Prevention and Plans Unit of the Temecula Police Department. c. Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the crime prevention unit. d. Any business that serves or sell any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business location where alcohol will be serviced for a fee and the event is open to the general public. e. The Temecula Police Department affords all retailers the opportunity to participate in the "'nkless Ink Program." At a minima' cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "Inkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. Any questions regarding these comments shall be referred to the T emecula Police Department Crime Prevention and Plans Officer at (951) 695.2773. '~ Lynn N. Fanene, Sr. '-'