HomeMy WebLinkAbout120606 PC Agenda
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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200' BUSINESS PARK DRIVE
December 6, 2006 - 6:00 P.M.
********
Next in Order:
Resolution No. 06-63
CALL TO ORDER
Flag Salute:
Roll Call:
Commissioner Chiniaeff
Carey, Chiniaeff, Guerriero, Harter, and Telesio
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission on
items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you
desire to speak to the Commission about an item not on the Agenda, a salmon colored
"Request to Speak" form should be filled out and filed with the Commission Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three (3) minute time limit
for individual speakers.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
i -:." -:. ".'.- . -. .
of the Planning Commission re~uest specific::"iteins be removed from the C;onsent
Calendar for separate action;" 'v ' . '"
'1 Minutes
RECOMMENDATION: '
1.1 Approve the Minutes of November 15, 2006
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COMMISSION BUSINESS
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondences delivered to the Commission Secretary at, or prior to, the
public hearing.
Any person dissatisfied with any decision of the Planning Commission may file an
appeal of the Commission's decision. Said appeal must be filed within 15 calendar days
after service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
Continued from November 15, 2006
2 Planninq Application Nos. PA06-0135 and PA05-0402. a Conditional Use Permit and
Development Plan. submitted bv M & D Properties. to construct and operate a liquid natural
qas (LNG) station. The development will consist of one 45-foot hiqh LNG tank. and
emerqencv underqround water storaqe tank. and a 14.776 square foot office/warehouse
buildinq. located at 28011 Diaz Road. Dana Schuma, Associate Planner.
,
New Items
3 Planninq Application No. PA06-0305. a Maior Modification, submitted bv Larry Markham of
MDMG, Inc.. to eliminate Condition of Approval No, 80 for Planninq Application No. PA06-
0018. This condition required that the overall buildinq heiqht would not increase as a result
of approvinq a fullv enclosed roof desiqn for the residential buildinqs in Temecula Villaqe.
'The applicant is requestinq an increase in heiqht of UP to 4.6 feet for the residential
buildinqs. located on the south side of Rancho California Road approximatelv 300 feet east
of Moraqa Road. Cheryl Kitzerow/Matt Peters. Associate Planners.
COMMISSIONERS' REPORTS
PLANNING DIRECTOR'S REPORT
ADJOURNMENT
,Nex1 regular meeting: Wednesday, December 20, 2006, 6:00 p,rn~, Council Chambers, 43200
Business Park Drive, Temecula; California.
_/ .
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ITEM #1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
NOVEMBER 15,2006
CALL TO ORDER
The City of Ternecula Planning Commission convened in a regular meeting at 6:00 p.m., on
Wednesday, November 15, 2006, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Commissioner Carey led the audience in the Flag salute,
ROLL CALL
Present:
Commissioners: Carey, Telesio, Harter, Chiniaeff, and Chairman Guerriero.
Absent:
None,
PUBLIC COMMENTS
No public comments.
CONSENT CALENDAR
1 General Vacation of a portion of Ynez Road at Equitv Drive,
RECOMMENDATION
1.1 Findings of Consistency with the General Plan Circulation Element.
2 Minutes
RECOMMENDATION:
2.1 Approve the Minutes of November 1, 2006.
MOTION: 'Commissioner Telesio moved to approve the Consent Calendar. Commissioner
Chiniaeff seconded the motion and voice vote reflected unanimous approval.
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COMMISSION BUSINESS
3 Director's Hearinq Case Update
RECOMMENDATION:
3.1 Receive and File Director's Hearing Update for October.
It was the consensus of the Planning Commission to receive and file this report,
With regard to the Abbott East Campus (Guidant), Director of Planning Ubnoske advised that
. the previously approved Development Agreement imposed that any future development would
require review at Director's Hearing rather than at a Planning Commission.
PUBLIC HEARING ITEMS
New Items
4 Planninq Application Nos. PA06-0135 and PA05-0402, a Conditional Use Permit and
Development Plan, submitted bv M & D Properties. to construct and operate a liquid natural
qas (LNG) station. The development will consist of one 45-foot hiqh LNG tank. and
emerqencv underqround water storaqe tank. and a 14,776 square foot office/warehouse
buildinq, located at 28011 Diaz Road
Senior Planner Fisk provided a PowerPoint Presentation, highlighting on the following:
o Project Description
o Analysis
o Elevations
o Architectural Analysis
o Landscaping Analysis
o Environmental Determination.
In response to Commissioner Chiniaeff's questions, Mr. Fisk relayed the following:
o That although the proposed Liquid Natural Gas (LNG) tank would not be entirely
screened, it would be strategically placed behind the office and warehouse building
o That the tank will be built in Phase I and the building will be built in Phase II
o That with respect to screening, the project would be conditioned that all permitted
landscaping be placed immediately prior to the tank so that there would be sufficient
landscape screening, advising that it would be difficult to screen a 45' high tank
o That the proposed Liquid Natural Gas facility would be a conditionally permitted use in
the Light Industrial (U) Zone within the City
o That staff does not review CC&Rs.
At this time, the public hearing was opened.
,
M(. Joe Porras, architect, stated that the 30,000 gallon emergency water storage tank will be
installed directly underground and used to collect water run-off.
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Clarifying the project, Mr. Bill Brooks (Civil Engineer for the proposed project) relayed that the
30,000 gallon underground water tank would be used as an emergency collection secondary
containment system to collect water run-off in the event of a fire or any other emergency.
Offering more information, Mr. Joe Porras noted the following:
o That all hazardous materials stored on site would be kept above ground within a secure
warehouse
o That both the Fire Prevention Department and County Department of Environmental
Health have reviewed the proposed project to ensure compliance with applicable Fire
Code standards and regulations
o That surrounding businesses have been noticed and that neither staff nor the applicant
received any opposition.
Adding additional information for the Planning Commission, Ms, Patricia Gunn representing
Downs Companies, offered the following:
o That the proposed project would be a warehouse that would store petroleum products
o That there will be office space within the warehouse that will be leased
o That the tanks will be bulk storage of Liquid Natural Gas (LNG)
o That the landscape plan would conform to the requirements of the Development Code
and Design Guidelines
o That the sale of fuel would be for commercial sales only, not retail
o That there will be no storage for facing fuel on site (customer pick-up on day of delivery
to warehouse).
In response to Commissioner Harter's query, Mr. Michael Lynch, representing Chart Industries,
noted that the nearest LNG facility to Temecula would be in Corona, California; advising that
any person purchasing Liquid Natural Gas would be required to complete a training course in
order to use such a facility; and that the color of the tank will be a single color with a chart logo,
Mr. Lynch noted that it would be his opinion that during the planning stages it would be more
feasible to use a vertical tank versus a horizontal tank and would comply with setback
requirements imposed by the Fire Department.
Mr. Gunn also relayed that all employees would be trained to meet all regulatory requirements
and advised that M&D properties will not be selling used trucks,
Explaining the use of Liquid Natural Gas (LNG), Mr. Bob Coale, representing Downs
Companies, relayed that the LNG would be liquid and would not be compressed; advised that
operational characteristics of the tanks would require that a certain amount of coldness be
contained within the tank; and that smaller tanks would cause the saturation pressure to change
resulting in more venting. He also stated that the containment area for this size tank (vertical) be
a minimum of 50' in all directions from any property line.
At this time, the public hearing was closed.
Commissioner Telesio stated that it would be his opinion that the 45' high LNG tank be installed
horizontally versus vertically, noting that it would be more aesthetically pleasing; and that he
would be desirous of the applicant exploring this opportunity.
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In response to Commissioner Chiniaeff's question, Director ,of Planning Ubnoske noted that
liquefied petroleum sales and distribution would be conditionally permitted in the Light Industrial
(U) Zone.
Commissioner Chiniaeff stated the following:
o That he would not be convinced that two smaller tanks horizontally placed would not fit
o That he would not be clear on what the intent of the proposed project would be, advising
that the applicant would be giving revolving answers
o That he would be of the opinion that the proposed use would not be compatible for the
proposed site and, therefore, he cannot make the findings for approval.
Commissioner Carey also relayed that he would not be convinced that smaller tanks would not
fit on the proposed site and would not be confident in approving the project at this time as
proposed.
Stating that he would be in favor of the City supplying Liquid Natural Gas, Commissioner Harter
would not be aware of any other location that may be more suitable for this type ot"tacility and
would be of the opinion that the proposed location would not be a concern.
Echoing Commissioner Harter's comments, Commissioner Telesio also noted no concern with
the proposed location.
To further clarify, Director of Planning Ubnoske advised that the City would be of the opinion
that this type of facility would be a necessity; and, therefore, applied for a grant 'for the
construction of the proposed project; that the Planning Commission would only be requested to
review aesthetics, site plan, and whether or not the project would be consistent with zoning. Ms,
Ubnoske recommended that the item be continued to the December 6, 2006, Planning
Commission meeting to allow the applicant an opportunity to present its project in more detail
and bring alternatives forward with regard to horizontal versus vertical positioning for the LNG
tank.
Agreeing that this type of project would be a necessity, Chairman Guerriero would not have a
concern with the project, noting that he would be willing to continue the item if it were the desire
of the Planning Commission.
Concurring that the project would be a necessity, Commissioner Telesio reiterated that he would
be desirous of continuing the project to allow the applicant an opportunity to explore the
possibility of horizontal positioning of the tank.
MOTION: Commissioner Carey moved to continue Item No. 4 to the December 6, 2006,
Planning Commission meeting. ,Chairman Guerriero seconded the motion and voice vote
reflected approval with the exception of Commissioner Chiniaeff who voted No,
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5 Planninq Application Nos. PA05-0109 and PA05-0234, a Tentative Tract Map (33584) and
Planned Development Overlav, submitted bv Reza Shera of the Pacific Group, for
condominium purposes to subdivide 7.24 acres into three lots (one residential condominium
lot. one recreation lot, and one open space lot). and to provide for development standards
for the site that are specific to sinqle-familv homes on condominium lots. located at 29601
Mira Loma Road
Per PowerPoint Presentation, Senior Planner Fisk noted the following:
o Zoning
o Project Description
o Architecture
o Environmental Determination.
Staff recommended that the following Conditions of Approval be amended:
o That Temecula Community Services Department Condition of Approval No, 56: that
property owner shall dedicate to themselves lots 79 through 83 inclusive for landscape
and maintenance purposes be amended to impose: that the propertv owner shall
dedicate to themselves lots 2 and 3 for landscape and maintenance purposes
o That Public Works Condition of Approval No. 38 add language to impose: improve
Rancho Vista road- (Secondary Highway Standards - 88' R/W to include installation of
drainage facilities, utilities (including but not limited to water and sewer.)
o And Improve Mira Loma Drive (Collector Road Standards - 66' R/W) to include
installation of sidewalk, drainage facilities, and utilities (including but not limited to water
and sewer.)
o That Public Works Condition of Approval No. 40 be amended to impose that: private
roads shall be designed to meet City public road standards, unless otherwise approved
on the Tentative Tract Map the following minimum criteria shall be observed in the
design of private streets.
For the Commission, Senior Planner Fisk noted that the Planned Development Overlay (PDO),
would establish design criteria and noted that the project would require product review by the
Planning Commission,
At this time, the public hearing was opened.
Mr. Bradley Hay, representing Hunsaker and Associates, noted the following:
,
o That the 10' all-weather access road would be meant to access trash clean up and
would not be intended to serve any fire needs
o That sidewalks currently exist on Mira Loma Road and Rancho Vista Road.
Via overheads, Mr, Robert Oder, representing Mira Loma Apartments, noted that although he
would not be opposed to the proposed project, he would have concern with the public access
road being used by individuals with ill intent and requested that the road be secured.
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At this time, the public hearing was closed.
Referencing Commissioner Chiniaeff's question, Deputy Director Parks noted that he would be
of the opinion that the road was intended to be used as an access easement for the property
owner for maintenance.
Commissioner Chiniaeff requested that the applicant add a gate or chain fence to prevent public
entrance.
Mr. Hay noted that he would be willing to add a gate or chain fence to prevent public access.
MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the
amended conditions as requested by staff as well as the addition of a fence or gate to prevent
public access. Commissioner Harter seconded the motion and voice vote reflected unanimous
approval,
PC RESOLUTION NO. 06-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 33584
(FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2 ACRES
INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT,
ONE RECREATION LOT, AND ONE OPEN SPACE LOT.)
COMMISSIONERS' REPORTS
Addressing Mr. Parks' retirement, Commissioner Chiniaeff requested that staff honor Mr. Parks
with a Certificate of Appreciation.
Referencing noncompliance issues regarding Home Depot on SR 79 South, Director of
Planning Ubnoske noted that staff will be meeting with the City Attorney on Thursday,
November 16, 2006, to address those issues.
For Commissioner Telesio, Director of Planning Ubnoske noted that staff will be actively
pursuing Marie Callendar and other restaurants that have not complied with the City's Design
Guidelines,
PLANNING DIRECTOR'S REPORT
Director of Planning Ubnoske noted that Mr. Aaron Adams and Mr. Bob Johnson will be the
City's new Assistant City Managers and that Mr, Grant Yates will be the new Deputy City
Manager.
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ADJOURNMENT
At 7:35 p,m., Chairman Guerriero formally adjourned to December 6, 2006, at 6:00 p.m., in the
City Council Chambers, 43200 Business Park Drive, Temecula.
Ron Guerriero
Chairman
Debbie Ubnoske
Director of Planning
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ITEM #2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission
Dana Schuma, Associate Planner
December 6, 2006
SUBJECT:
Planning Application Nos. PA05-0402 and PA06-0135 (Down's Energy)
At the November 15, 2006 Planning Commission Hearing, it was requested that the Down's
Energy project proposal be continued due to concerns raised about the aesthetic impact of the
proposed 45 foot vertical Liquid Natural Gas (LNG) tank,
The applicant was asked to analyze an alternative configuration for the LNG tank to mitigate for
the height. Since that time staff met with the applicant to review possible horizontal placement
of the LNG tank on site. It was concluded to staff that installing the tank horizontally rather than
vertically is not a feasible alternative for the facility from a safety and operational perspective.
The applicant has summarized this analysis in two letters provided on November 29, 2006, The
fist below summarizes the applicant's justification for placing the tank vertically,
1. Installing the tank horizontally increases the footprint on site and thus:
a, Impedes on the ability to meet Fire Code requiring a 50 foot minimum clearance
area from all property lines and structures.
b, Impedes on the ability to meet Fire Code requiring vehicles which are fueling to
be fifteen feet from the tank.
c. Compromises the access routes for Fire vehicles.
d. Hinders the queuing for vehicles waiting to fuel.
e. Prohibits the possibility of facility expansion.
2. A horizontal configuration increases the surface area of the tank from 80 square feet to
400 square feet. An increase in surface area also increases the amount of heat input
into system. Heat input causes LNG evaporation and should be minimized to reduce the
potential for methane releases into the atmosphere.
3. There are increased operational costs associated with horizontal tanks, The horizontal
configuration creates more pressure on the pumping equipment and thus requires more
maintenance.
Based on the factors listed above staff believes the vertical LNG tank is the most efficient
configuration for operation of the fueling facility, .' Staff also analyzed the aesthetic impact of the
vertical tank and has determined the site design adequately mitigates for visual impacts on the
surrounding area by placing the tank in the back corner of the site behind a proposed 38 foot
high building and ample landscaping along the entire perimeter.
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Staff recommends an amendment to Condition of Approval No, 16 to add tex1 stating "the
storage and sale of trucks and/or vehicles is not permitted."
RECOMMENDATION
Staff has determined that the proposed project is consistent with the City's General Plan,
Development Code, and all applicable ordinances, standards, guidelines, and policies. The
proposed Liquid Natural Gas (LNG) fueling station is an appropriate use within the Light
Industrial zone, In addition, the proposed project as designed will not adversely affect the
surrounding development and land uses. Therefore, staff recommends that the Planning
Commission approve Planning Application Nos. PA05-0402 and PA06-0135.
ATTACHMENTS
1. PC Resolution 06-_ - Blue Page 3
Exhibit A - Draft Conditions of Approval
2. Letter from Chart Industries dated November 27, 2006 ~ Blue Page 4
3. Letter from Gladstein, Neandross, & Associates dated November 28,2006- Blue Page 5
4. November 15, 2006 Planning Commission Staff Report - Blue Page 6
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ATTACHMENT NO.1
PC RESOLUTION 06-_
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PC RESOLUTION NO. 06-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0135 AND PA05-0402, A CONDITIONAL USE
PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT AND
OPERATE A LIQUID NATURAL GAS (LNG) STATION
CONSISTING OF ONE 45 FOOT HIGH LNG TANK AND A
14,776 SQUARE FOOT OFFICE AND WAREHOUSE BUILDING
Section 1. On December 22, 2005 M&D Properties filed Planning Application No.
PA05-0402 (Development Plan), and on May 10, 2006 M&D Properties filed Planning
Application No, PA06-0135 (Conditional Use Permit), 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 and environmental review on November 15, 2006 and December 6, 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 recommended approval of 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. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 7. Findinqs. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17.04.010.E (Conditional Use Permit), and
as required by Section 17.05.01O.F (Development Plan):
Conditional Use Permit
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is conditionally permitted in the Light Industrial zoning designation
contained in the City's Development Code and consistent with the Light Industrial land
use designation contained in the General Plan. The site is properly planned and zoned,
and as conditioned, is physically suitable for the use type, The use, as conditioned, is
also consistent with other applicable requirements of State law and local ordinances,
including th'e California Environmental Ouality Act (CEOA), and fire and buildirig codes.
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;
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The proposed conditional use is compatible with adjacent land uses as defined in the
General Plan. The proposed liquid natural gas facility has been reviewed against the
adjacent land uses and wilt be a complimentary addition to the area. Additionally, the
proposed use will not adversely affect, nor be affected by, any of the surrounding
properties as the adjacent uses are similar use types.
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 development code and required by the
planning commission or' council in order to integrate the use with other uses in the
neighborhood;
The proposed conditional use has been reviewed for consistency with the Development
Code and wilt meet all of the applicable requirements, The site is adequate in size and
shape to accommodate the proposed use without affecting the yard, parking and
loading, landscaping, and other development features required by the Development
Code in order to integrate the use with other uses on the site and within the area.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community;
The proposed conditional use has been reviewed and will not be detrimental to the
health, safety, or general welfare of the community. 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 use will function in a
manner consistent with the public health, safety and welfare.
Development Plan
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 liquid natural gas facility is conditionally permitted in the Light Industrial
zone of the City's Development Code. The project is also consistent with the Light
Industrial land use designation contained in the General Plan. The site is properly
planned and zoned, and as conditioned, is physically suitable for the type of
development proposed.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare;
The architecture proposed for the office and warehouse building is consistent with the
architectural requirements as stated in the Design Guidelines and the Development
Code. The proposed LNG tank meets the development standards for the Light Industrial
zone as stated in the Development Code. The project has been reviewed for, and as
conditioned, has been found to be consistent with, all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed
and function in a manner consistent with the public health, safety and welfare"
Section 8. Environmental Compliance. A Negative Declaration with a Mitigation
Monitoring Program has been prepared and adopted in accordance with the California
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Environmental Quality Act, and the Planning Commission finds that the proposed use with
mitigation will not have a significant impact upon the environment.
Section 9. Conditions. The Planning Commission of the City of Temecula approves
the Application PA06-0135 and PA05-0402, a Conditional Use Permit and Development Plan for
a liquid natural gas fueling station located at 28011 Diaz Road, subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 6th day of December, 2006,
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVEASIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 06-_ was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 6th day of
December, 2006; by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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.
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application Nos.: PA06-0135 and PA05-0402
Project Description:
A Conditional Use Permit and Development Plan to
construct and operate a liquid natural gas (LNG) station.
The development will consist of one 45-foot high LNG
tank, a 30,000 gallon underground emergency water
storage tank and a 14,776 square foot office and
warehouse building on a 0.91 acre site
Assessor's Parcel No.
921-040-040; 921-040-041
MSHCP Category:
Industrial
DIF Category:
Industrial
TUMF Category:
Industrial
Approval Date:
December 6, 2006
Expiration Date:
December 6, 2008
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64,00)
for the County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 21152 and California Code of Regulations Section 15075. If within
said 48-hour period the applicanVdeveloper 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)),
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GENERAL REQUIREMENTS
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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 City, and its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this conditional use permit (including
the conditions of approval) based on changed circumstances. Changed circumstances
include, but are not limited to the modification of the business, a change in scope, emphasis,
size or nature of the business, and the expansion, alteration, reconfiguration or change of
use. The reservation of right to review any conditional use permit granted or approved or
conditionally approved hereunder by the City, its Planning Director, Planning Commission,
and City Council is in addition to, and not in-lieu of, the right of the City, its Director of
Planning, Planning Commission, and City Council to review and revoke or modify any
conditional use permit approved or conditionally approved hereunder for any violations of the
conditions imposed on such conditional use permit or for the maintenance of any nuisance
condition or other code violation thereon.
5. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
6. The applicant shall comply with the Mitigation Monitoring Program for Planning Application
Nos. PA06-0135 and PA05-0402,
7, 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.
8. The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time ex1ension of up to three one-year ex1ensions of
time, one year at a time,
9. A separate building permit shall be required for all signage.
10, The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
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11. The conditions of approval specified in this resolution, to the ex1ent 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
Concrete Panel Building
Color
Sherwin Williams 7042 Shoji White
Concrete Panel Base
Sherwin Williams 7046 Anonymous
Awning
Galvanized Metal
Doors
Aluminum Warm Silver
Windows
Dual Glazed Reflective Glass - Viracon
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 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.
14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
15. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's
Development Code.
16. The applicant shall comply with their Statement of Operations submitted December 22,
2005, on file with the'Planning Department, unless superseded by these Conditions of
, Approval.
17. Regular hours of operation for the facility shall be Monday through Friday 8 a.m. to 5 p.m,
The offices shall operate Monday through Saturday 7 a.m. to 6 p.m. The fueling station
operates 24 hours a day, seven days a week,
18. Parking for the project shall be shared across all lots that are a part of the project, in
conformance with the recorded Reciprocal Use Agreement, dated July 15, 2006, which
provides cross-lot access and parking across all lots,
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Public Works Department
19. 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.
20. 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.
21. All improvement plans, grading plans, and raised landscaped median plans shall be
coordinated for consistency with adjacent projects and ~xisting improvements contiguous to
the site and shall be submitted on standard 24" x 36" City of Temecula mylars,
22. 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.
23. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and, treatment
mechanisms.
Building and Safety Department
24. 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.
25. 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.
26, 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.
27, 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.
28. Obtain all building plans and permit approvals prior to commencement of any construction
work, '
29. ,Show all building setbacks.
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30. 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.
31. Provide an approved automatic fire sprinkler system.
32. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1 , 1998).
33. Provide disabled access from the public way to the main entrance of the building,
34. Provide van accessible parking located as close as possible to the main entry.
35. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
36. 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
37, 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.
38. 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-1. The
developer shall provide for this project, a water system capable of delivering 1600 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 1400 GPM for a
total fire flow of 3000 GPM with 3 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).
39, The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1, A combination of on-site and off-site super fire hydrants (6" x
4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public
streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be
located no more than 225 feet from any point on the street or Fire Departmentaccess
road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2,
903.4.2, and Appendix III-B).
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40. 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).
41 . If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2,2).
42. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
43. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsjte increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E).
44. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
Community Services Department
45. The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers,
46, The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
47. The Applicant shall comply with the Public Art Ordinance
48. All parkways, landscaping, fencing and on site lighting shall be maintained by the property
owner or maintenance association.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
49. 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.
50. 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.
51. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of 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 archaeologicaVcultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
52. A qualified archaeological monitor will be present and will have the authority tostop 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.
53. 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.
54. 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, . ,
55. All sacred sites are to be avoided and preserVed.
Public Works Department
56. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic
calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to the issuance of any permit.
57. 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.
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58, 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.
59. 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,
60. 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.
61. 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.
62. 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.
63. 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,
64. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a, San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
65. The Developershall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with C!ny underlying maps related to the subject property.
66. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
67. 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.
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68. 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,
69. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A, This
project shall comply with Chapter 15, Section 15,12 of the City Municipal Code which may
include obtaining a Letter of Map Revision from FEMA, A Flood Plain Development Permit
shall be submitted to the Department of Public Works for review and approval.
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
70. 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.
71. An acoustical analysis prepared by a certified acoustical engineer shall be prepared in
compliance with the mitigation monitoring program,
72. A copy of the Business Emergency Plan submitted to the County of Riverside Hazardous
Materials Management Division shall be provided to the Planning Department in compliance
with the mitigation monitoring program,
73. If project phasing is proposed, a phasing plan shall be submitted to and approved by the
Planning Director. All landscaping for the site shall be included and installed with the first
building phase,
74. 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 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.
c. Provide an ~gronomic soils report with the construction landscape plans,
d, One copy of the approved grading plan,
e. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
f. Total cost estimate of plantings and irrigation (in accordance with approved plan),
g. The locations of all existing trees that will be saved consistent with the tentative map,
h. 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.
i. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two hours without loss of pressure.
The second inspection will verify that all irrigation systems have head-to-head
coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections,
75. The Platanus racemosa - California Sycamore adjacent to Diaz Road shall be revised to
Platanus acerifolia - London Plane Tree.
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76. Appropriate medium size shrubs shall be mixed in with small shrubs along the east side of
the building as approved by the Planning Director.
77. Pittosporum 'Wheelers Dwarf' (2'-3' high) listed under large shrubs shall be revised to an
appropriate large shrub as approved by the Planning Director.
78. Kniphofia uvaria (2' high) listed under medium shrubs shall be revised to an appropriate
medium size shrub as approved by the Planning Director.
79. Additional large, medium and small shrubs along with ground covers shall be used that are
compatible with adjacent existing projects as approved by the Planning Director.
80. The shrub bed and turf layout proposed around the Diaz Road signage shall be revised to
provide appropriate shrubs and ground covers around the sign,
81. Four trees located to the north of the north ten parking spaces shall be revised to dense
evergreen trees (i.e, Pinus eldarica) as approved by the Planning Director.
82. Evergreen screen shrubs shall be provided around the trash enclosure as approved by the
Planning Director.
83. Street trees shall be provided at the rate of one per 30' of street frontage,
84. A tree shall be provided at all parking row ends as approved by the Planning Director.
85. Parking lot trees shall be revised to provide one broad canopy type tree per four parking
spaces as approved by the Planning Director. The trees shall be in close proximity to the
parking spaces they are to shade,
86. Landscape areas along the north property line across the driveway from this project shall be
refurbished as approved by the Planning Director.
87. A landscape maintenance program shall be submitted for approval'with the landscape
construction plans, which details the proper maintenance of all proposed plant materials to
assure proper grow1h and landscape development for the long-term esthetics of the
property. The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carryout the detailed program
88, All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot clear zone
around fire check detectors as required by the Fire Department before starting the screen.
Group utilities together in order to reduce intrusion, Screening of utilities is not to look like
an after-thought. Plan planting beds and design around utilities, Locate all light poles on
plans' and insure that there are no conflicts with trees.
89. Building Construction Plans shall include details for 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.
90. Building Construction Plans shall include details for all trash enclosures .for the project,
which shall include a trellis structure over the top of the enclosure, a concrete floor and a
concrete stress pad to reduce pavement damage from disposal trucks.
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91. Building Construction Plans shall include details for a tie-down system in compliance with
the mitigation monitoring program.
92. Building plans shall indicate that all roof hatches shall be painted "International Orange".
93. The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall
be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background, The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
Public Works Department
94. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a. Flowline grades shall be 0.5% minimum over P .C.C. and 1.00% minimum over A.C,
paving.
b. ' Driveway shall conform to the applicable City of Temecula Standard No, 207A.
c. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of T emecula Standard No, 400.
d. All street and driveway centerline intersection shall be at 90 degrees.
95. 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 Diaz Road (Major Highway Standards - 100' R/W) to include the installation
of curb and gutter, sidewalk, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer), raised landscaped median.
b. Improve Rancho Way (Collector Road Standards - 70' R/W) to include the
installation of street improvements, curb and gutter, sidewalk, drainage facilities,
utilities (including but not.limited to water and sewer).
c. The Developer shall design and construct or provide an in lieu of construction fee for
half width raised landscape median on Diaz Road (MajorHighway Standards - 100'
R/W) from North Boundary to South Boundary (along property frontage), Plans shall
be reviewed and approved by the Department 01 Public Works.
96. 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: curb and gutter,
medians, sidewalks, drive approach, signing, striping
b, Storm drain facilities
c. Sewer and domestic water systems
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97. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
98. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved
by the Department of Public Works for Diaz Road and Rancho Way.
99. 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.
100. The Developer shall obtain an easement for ingress and egress over the adjacent property,
101. 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.
102. The Developer shall record a written offer to participate in, and waive all rights to object to
the formation of an Assessment District, a Community Facilities District, or a Bridge and
Major Thoroughfare Fee District for the construction of the proposed Western Bypass
Corridor in accordance with the General Plan. The form of the offer shall be subject to the
approval of the City Engineer and City Attorney.
103. 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
104, Prior to submitting for plan review, obtain street addressing for all proposed buildings prior to
submittal for plan review.
105. At plan review submittal, restroom fix1ures, number and type, to be in accordance with the
provisions of the 2001 edition of the California Building Code Appendix 29.
106. At plan review submittal, provide electrical plan including load calculations and panel
schedule, plumbing schematic and mechanical plan applicable to scope of work for plan
review.
107. At plan review submittal, truss calculations that are stamped by the engineer of record and
the truss manufacturer engineer are,required for plan review submittal.
108. At plan review submittal, provide precise grading plan at plan check submittal to check
accessibility for persons with disabilities.
109. Prior to permit issuance, provide appropriate stamp of a registered professional with original
signature on plans prior to permit issuance.
110. Prior to beginning construction, a pre-construction meeting is required with. the building
inspector prior to the start of the building construction.
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Fire Prevention
111. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2).
112. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704.3, 901,2,2.2 and National Fire
Protection Association 24 1-4,1).
113. Prior to building permit issuance, a full technical report may be required to be submitted and
to the Fire Prevention Bureau, This report shall address, but not be limited to, all fire and life
safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C.
Community Services Department
114. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
..I
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
.
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Planning Department
115. 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.
116. 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.
117. 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.
118. 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 atowner's expense. Towed vehicles may be
reclaimed by telephoning (951) 696-3000."
119. 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, '
120. 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.
121. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit. ,.
Public Works Department
122. 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.
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft COAs.doc
19
123. 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
124. 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.
125. 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.
Fire Prevention
126. Prior to iss'uance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3),
127. 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).
128. 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).
129. 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),
130. 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),
131, Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings
housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code
Article 81 and all applicable National Fire Protection Association standards. The storage of
high-piled combustible stock may require structural design considerations or modifications to
the building. Fire protection and life safety features may include some or all of the following:
, ,
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 (CFC Article 81).
)
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft COAs.doc
20
132. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant
shall be responsible for obtaining underground and/or aboveground tank permits for the
storage of combustible liquids, flammable liquids or any other hazardous materials from both
the County Health department and Fire Prevention Bureau(CFC 7901,3 and 8001.3).
G:\Planning\2005\PA05-0402 Downs Energy ~ DP\Planning\PC Hearing ltems\Draft CQAs.doc
21
OUTSIDE AGENCIES
G:\Planning\2005\PAOS.0402 Downs Energy. DP\Planning\PC Hearing ltems\Draft COAs.doc
22
133. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated January 4, 2006, a copy of which is
attached.
134. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated January 5,2005, a copy of which is attached,
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:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft COAs.doc
23
D COL fY OF RIVERSIDE . HEALH JERVICES AGENCY D
DEPARTMENT OF ENVIRONMENTAL HEALTH
January 4, 2006
RE: Development Plan No, P A05-0402
~:\ ,-" .,
II~J'::'0Rr.:-
~li ~A~ :5U2~6~m
By-
-,..:-- ---...~.;:,:.,;;"-
....-.......--=..-
City of Temecula Planning Department
P,O. Box 9033
Temecula, CA 92589-9033
Attention: Veronica McCoy
, Dear Ms. McCoy:
1, Department of Environmental Health has reviewed the Development Plan to construct a liquid
natural gas facility and a 14,776 sq, ft spec building and has no objections, Although, the site
plan indicates that water and seWer services are existing we have no recent information in
regards water and sewer availability. '
2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
a) "Will-serve" letters from the appropriate \Vater and sewering districts.
. , . ... ,-' . .." .. ..
,,' i,,;b) If there are to be any food ~tablishments, (including vending machines), three complete
sets of plans for,each foodestabl~shment.will be submitted including a fixture schedule,
a tinishschedUleand 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) 600-6330,
c) If there are to be any hazardous materials, a clearance letter from the Department of
Environmental Health Hazardous Materials Management Branch (951-273-9161) will
be required indicating that the project has been cleared for:
. Underground storage tanks, Ordinance # 617.4.
. Hazardow> Waste Generator Services, Ordinance # 615.3,
. Hazardow> Waste Disclosure (in accordance with Ordinance # 651.2).
. Waste reduction management.
".' ," . -,-....
Sincerely,
"',"
~ez, SuPervls~gEnviro~~t~lkea1thS~~ialist,',"'" '
(909) 955-8980 , " ,.' '. ", ' '., ", ,': ,'"',, . " ,
NOTE: Any currenl addilionai requirementS not covered can 'be applicable .at time of Building Plan review for
final Department of Environmental Health elearance,
ce: Doug Thompson., Hazardous Materials
Local Enforcement Agency. PO. Box 1280, Riverside, CA 9250~-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501
'.and Use and Water Engine~ring . PO, Box 1206, Biverside. CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Sheet, 2nd Floor, Riverside, CA 92501
f@
Rancho
Water
Board of Directors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph IL Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillao
William E. Pluminer
Officers;
Brian J. Brady
Generytl Mana~.
PhillipL.Forltes
Assistant General Manage!' I
ChiefFinancia1 Officer
E. P. "B;ob-LemoD.IJ .
Director of Engineering
Perry R. Louck
Direct.oro(Planning
Jeff D. Armstrong
Controller
Kelli E. GareLa
District Secretary
C. Michael Cowett
Best Best & Krieger LLP
General Counsel .
January 5, 2006
Veronica McCoy, Project Planner
City of Temecula
Planning Department,
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
SUBJECT:
ID) rg~rg n Wrg Ijj'
lnl JAN 0 9 2006 l!:!J
By
Planning Department
WATER A V AILABILITY
DOWN'S ENERGY; PARCELS NO.1 AND NO.2 OF
PARCE.I, MAP,NO. 001.8 ,
APN 921-040-040 AND APN 921-040-041
CITY PROJECT NO. PAOS-0402
1M & D PROPERTIES)
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
offcsite water, facilities and the completion of financial arrangements betw~en
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.
, ,
" ,
If you should have ' any. ,ques~ions;pleasecGntaCtan, Engineering Services
Representative at this office at (951) 296-6900:
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
7YJ ~ i/h7J1jd"~--
'~i~~eyerpeter,~ .
Development Engineering Manager
06\MM:lmOOJ\FEG
c: Laurie Williams, Engineering Services Supervisor
l{ancho California Wate!:" District
42135 Winchester Road. Post Office Bo:'ll: 9017 . Temecula, California 92589-9017 . (950296-69OO . FAX (951) 296-6860
www.ranchowater.com
ATTACHMENT NO.2
LETTER FROM CHART INDUSTRIES
G:IPlanning\200SIPAOS-0402 Downs Energy. OP\PlanninglMEMO to PC.doc
4
~
Distribution & Storage
Cltart Industries, lne.
407 7th Street, NW
New Prague, MN 56071-lOlX>. USA
Phone 952.758.4484 Fax: 952.758.8293
w\.\'W.charL.ind.com
November 27, 2006
Downs Commercial Fueling
Attn: Michael Downs
1296 Magnolia Ave.
Corona, CA 92879-2980
Dear Mr. Downs:
This letter will show the differences between the performances of a vertical LNG tank versus a
horizontal station. Your proposed LNG/LCNG fueling station will be set up primarily as an
LCNG station. This means that at this time the station will dispense more Compressed Natural
Gas (LCNG) than Liquid Natural Gas (LNG). The vertical tank design is far superior to the
performance and maintenance cost than the horizontal station design for the following
reasons.
Vertical versus Horizontal Tank Performances
o Equipment Performance
o The horizontal tank does not have the increased NPSH (net positive suction
head) pressure, measured in feet that a vertical tank provides. A centrifugal
LCNG pump requires a certain amount of NPSH, usually about 4 ft of pressure.
The vertical tank provides the required NPSHby utilizing the vertical weight of
the product to push the liquid out of the tank from the feed line that is located at
the bottom of the tank. The horizontal tank feed line is also at the bottom of the
tank, but it is located to one end of the tank. This location therefore does not
allow the entire weight of the liquid load to help push product out of the tank. This
condition causes the pumping equipment to work harder, increases the station
noise level and causes equipment failures on a more frequent interval. The
horizontal tank is designed to be a product storage tank whereas a vertical tank
, is designed to be a product pumping tank and i? a superior tank design fpr a
. LCNG dispensing station, '
i:l Operating Costs
o The horizontal tank increases the operating cost of the station by increasing the
maintenance intervals of the pumping equipment. The pumping equipment will
work harder to overcome the decreased NPSH and therefore will prematurely
fail. The pumping equipment is the most expensive portion of the overall LCNG
system.
i:l Heat Management
o The design of the horizontal tank does not allow for the required NPSH ,for the
pumping equipment therefore the equipment is working harder and returning
more heat to the stored liquid. This heat then increases the saturation of the
liquid which then increases the tank pressure. The storage tank is designed to
'hold the higher pressure of the liquid but the vehicle tanks and engine design
parameters do not necessarily allow for a great increase in pressure. Every time
the liquid is transferred it picks up heat and the heat builds tank pressure. The
optimum storage tank pressure is 80 psi. The LCNG pump works at an optimum
tank pressure and liquid density of 80 - 120 psi. The LNG pumps at this pressure
to the vehicle tank with an end pressure of 120 psi. When the vehicle tank
pressure reaches 150 psi the over pressure regulator is designed to reduce the
liquid pressure flowing to the engine. This in turn causes the engine to lose
performance at a higher pressure. The only way to relieve the system of this heat
build up is to either deliver a fresh load of liquid or vent the pressure from both
the vehicle and storage tank.
i:l Personnel Safety
o The horizontal tank can cause an increase risk of personnel safety to the station
from the increased maintenance intervals. The stations are inherently safe when
they are operating with the built in safety devises or at rest with the gas and
flame detection system. But mechanical failure due to decreased NPSH will put
maintenance personnel at risk while the equipment is taken apart and exposed to
any residual vapors that are left in the piping and pumping equipment. There are
safety requirements that are followed and lock/out - tag/out procedures, but
human error is the leading factor of all industrial accidents.
.
i:l Product Replacement Cost
o The horizontal tank replacement cost today would be $293,000.00 with a 30
week lead time for the tank. The entire site design is complete and the
replacement cost on the site design would be $ 51,250.00, The vertical tank and
site equipment is complete and in the shipment holding area for release when the
site work is complete.
The horizontal single tank system adds no safety benefits to this particular project. The
horizontal tank will cost more to operate, maintain and ultimately will become an increased
safety risk to the maintenance personnel of the station.
If you have any questions or need further information please call me at (952) 758-8227
Thank you,
~t?
s-
Tom Smith
Chart Industries
GM Construction, Installations & Service
ATTACHMENT NO.3
LETTER FROM GLADSTEIN, NEANDROSS, & ASSOCIATES
G:IPlanning\200S\PAOS.0402 Downs Energy - OPIPlanninglMEMO to PC.doc
5
gna GLADSTEI/>l,
NEANOROS5
_ ~ & ASSOCIATES
Btlilding an Environmentally.& SoCially ResponSible Future
30; 5 MOlr. Shetl! _ ~'l!ijf~ JOO
Sontc Monlt;'-t, (,6" 9Q,W5
3tC.314.1'i3,; !d
310.3)4.919(, ktx
v-JV.'W .glod'S:ft:li II. 'Clf~l
November 28, 2006
City Council
City ofTemecula
42300 Business Park Drive
Temecula, CA 92590
Subject: Opinion on Downs Energy Application to Construct a Liquefied Natural Gas Storage
Tank
To Whom It May Concern:
I have been asked to comment upon the proposed application to erect a liquefied natural gas
(LNG) storage tank as part of the Downs Energy applications PA 06-0135 and PA 05-0402. The
tank in question is a 15,000-ga11on tank to be used in the proposed LNG and LCNG fueling
system proposed by the applicant. The question was recently raised as to whether the tank could
be installed in horizontally rather than vertically, Several issues come into play in the decision to
erect the tank either vertically or horizontally: 1) compliance with the Fire Code and resulting
traffic and safety concerns, and 2) best operating practice. These are addressed below.
Fire Code
All liquefied natural gas fueling installations are governed by the National Fire Protection
Association (NFPA) 52, 2006 Edition, The following Sections of this document are relevant:
Section 12,2.3,5.1 requires that spill containment in an amount equal to the volume of the
container be provided for the tank.
Section 15,2 requires each site to have fire protection and an emergency response plan, which
includes fire department access routes,
Sections 15.3.3 and 15J.4 require that vebicles not delivering fuel or being fueled from the
facility be excluded from an area fifteen feet around of the tank so as to prevent certain potential
ignition sources (Reference Table J 2.2.2.4)
Section 16.5.1 and Table 16.5.1 require that there be a fifty-foot minimum distance from the
edge of the impoundment to buildings and property lines,
Thus, based on the above NFPA 52 provisions, a footprint withdimensiollS of approximately
1,100 sqUlU'e feet would be required for a vertical tank including containment and crash
protection, and about 1,850 square feet for the tank in a horizontal configuration. Substantially
more footprint area for the horizontal insta1lation is required Given the available space for the
tank installation on the site, it appears that traffic flow around the tank may become congested,
p.3
gna GLADSTEIN.
N5ANDROSS
~ ~ & ASSOCIATES
Building an Etlvlronmentally & Socially Responsible Future-
3{}l5 ".,,~(1in Shl}!;:!, Sui:{~ ;~OO
S<"-l:~o Mo,,;-:o, eA 9{M05
3-iC314,! 934 Ie!
:51C314.919"6 f(j)(
vN'/w,gl.;:d,.lt.tir:,Of!j
particularly towards the west. Accordingly, the vertical orientation offers a greater degree of
trnffic safety based on compliance with the fire code.
Best Operating Practice
During operation of an LNG fueling system employing a large storage tank, it is desirable to -
prevent vaporizing of the LNG within the tank, which, if pressures over the pressure relief valve
setting are encountered, will result in the release of methane gas into the atmosphere. Tbis is not
only a loss of product, but methane is considered a strong "greenhouse effect" gas,
To reduce the potential for methane releases, heat input into the system is carefully controlled
and the surface area of liquid from which evaporation could occur should be minimized If one
considers the tank in question (assmning a 10-foot inner tank diameter) in a vertical orientation,
at all levels of fuel in the tank a surface area of about 80 square feet will be present. On the other
hand, the surface area of the liquid exposed in a half-full horizontally mounted tank, is more than
400 square feet This much greater surface area ""ill substantially contribute to greater LNG
evaporation and the potential for atmospheric releases.
Fuel is withdrawn from the LNG tapk by means of a dedicated pump that delivers it to
consuming vehicles or to the compressed natural gas system. Although slight, there is greater
wear and power consumption required by a pump discharging from a horizontal tank because of
lower pump suction pressure.
Natural gas is becoming quickly accepted as the alternative fuel of choice and its use is expected
to increase' dramatically in the next decade and beyond, The vertically-oriented tank
impoundment configuration proposed for the present project is suitable for the installation of a
second tank if warranted in the future. If a future second tank is required and the present tank is
mounted horizontally, a substantial additional foot print would be required perhaps to the point
of not being feasible given the file codes and traffic flow requirements,
Additionally, as usage increases, the queuing of vehicles waiting to be fueled can be expected.
To accommodate this increased demand, the more space that exists around the tank, the better.
The horizontal configuration would limit the queuing space and possibly create traffic congestion
both on and off the site.
Based on these factors, it is considered bener from a safety and operating perspective both now
and in the future to mount the tank in the vertical orientation,
Ifadditional information is required, I can be reached at 858 3503183 or 8582487903,
Sincerely,
'/2i) ~
Robert D. Coale, P,E
ATTACHMENT 4
NOVEMBER 15,2006 PLANNING COMMISSION STAFF REPORT
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6
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING:
November 15, 2006
PREPARED BY:
Dana Schuma
TITLE:
Associate Planner
PROJECT
DESCRIPTION:
Planning Application No. PA06-0135 and PA05-0402, a Conditional
Use Permit and Development Plan to construct and operate a liquid
natural gas (LNG) station, The development will consist of one 45-
foot high LNG tank, a 30,000 gallon emergency underground water
storage tank, and a 14,776 square foot, office and warehouse
building on a 0.91 acre site located at 28011 Diaz Road, generally
located on the northwest corner of Rancho Way and Diaz Road,
RECOMMENDATION:
[8J Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
.CEQA:
o Categorically Exempt
(Section)
(Class)
o Notice of Determination
(Section)
o Negative Declaration
[8J Mitigated Negative Declaration with Monitoring Plan
DEIR
PROJECT DATA SUMMARY
Name of Applicant: M & D Properties
Date of Completion: December 22, 2005
Mandatory Action Deadline Date: November 15, 2006
General Plan Designation: Industrial Park (IP)
G:IPlanning\200SIPAOS-0402 Oowns Energy - DPIPlanninglPC Hearing itemslStaff Report PAOS-0402.doc
1
Zoning Designation:
Light Industrial (L1)
Site/Surrounding Land Use:
Site:
Vacant
North:
South:
East:
West:
Existing industrial buildings
Existing industrial buildings
Diaz Road and Murrieta Creek
Existing Down's Energy commercial fueling station
Lot Area:
39,640 square feet/O,91 acres
Total Floor Area/Ratio:
14,776 square feet/O,37 FAR
Landscape Area/Coverage:
8,632 square feet/21 % coverage
Parking Required/Provided:
28 spaces requlred/36 spaces provided
BACKGROUND SUMMARY
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
An application for the development was submitted on December 22, 2005. A DRC meeting
was held on 'January 26, 2006, to, discuss site, landscaping, 'architecture, and other
departmental issues, The applicant submitted revised plans on May 17, 2006, A second DRC
letter was sent on June 1, 2006, requesting additional revisions to the proposed development
plan, In July, 2006, staff determined the environmental analysis for the project was deficient
and requested additional environmental reports to be completed, A status letter was sent to
the applicant on July 19, 2006, summarizing all outstanding items on the project. The applicant
submitted revised plans again on August 7, 2006, and a third DRC letter was sent on August
24, 2006, requesting the applicant address Water Quality Management PIC!n (WQMP)
revisions. On September 12, 2006, the applicant submitted the remaining environmental
documents and all project issues were addressed in early October,
ANALYSIS
Conditional Use Permit
The 0.91 acre site is zoned Light Industrial (L1), The proposed liquid natural gas (LNG) facility
is a conditionally permitted use in the Light Industrial zone within the City, Staff has reviewed
the application and determined that the findings for approval can be made. The proposed LNG
, facility is consistent with the surrounding developments and will not adversely impact the area
because industrial uses currently exist. For example, immediately to the west of the site is an
existing commercial fueling station, and to the north and south are existing industrial buildings.
The site is also adequate in size and shape to accommodate the use and will meet all
Development Code regulations,
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The applicant provided a "Statement of Operations" (attached) for staff review in determining
the appropriateness of the proposed use. The uses and hours of operation to be approved
with this request include:
Weekday uses (Monday through Friday)
. Office Administration, 7:00 a.m, to 6:00 p,m., 70 employees
Weekend uses (Saturday)
. Office Administration, 7:00 a.m, to 6:00 p.rn.
Seven days a week, 24 hours a day
. LNG fueling operations
A noise study for the project concluded that the LNG facility may result in noise impacts to the
adjacent sites without mitigation. To reduce the potential noise impacts, mitigation measures
requiring special site design and screening will be incorporated into the proposed project (See
Condition of Approval No. 71),
All hazardous materials stored on site will be kept above ground within a secure warehouse.
Both the Fire Prevention Department and County Department of Environmental Health have
reviewed the proposed project to ensure compliance with hazardous material requirements, All
materials are required to be contained, stored, used, and disposed of in compliance with
applicable Fire Code standards and regulations, and as required by the mitigation measures to
reduce potential risk of release or exposure,
Staff identified no major concerns in reviewing the proposed conditional use. The use is
consistent with the General Plan, as well as with the development standards contained in the
Development Code.
Development Plan
Site Plan
The project is consistent with all applicable development standards of the Light Industrial
zoning district including lot coverage, height, setback, landscaping, and parking requirements.
The proposed 0.37 Floor Area Ratio is below the target ratio of 0.40 for the zoning district. The
proposed 37 percent lot coverage is also below the maximum permitted lot coverage of 40
percent.
The project will consist of one 45 foot high LNG tank and a 14,776 square foot office and
warehouse building. The proposed building has been situated on the southeast corner of the
site facing Diaz Road and Rancho Way. The proposed building will be two stories and 38 feet
in height. It will consist of a 3,042 square foot warehouse for materials storage, and 7,306
square feet of office space, The 45 foot high LNG tank will be located on the northwest interior
portion of the site and contain 14,850 gallons of fuel. It will be surrounded by a 42 inch
equipment enclosure wall and have a 30,000 gallon emergency water storage tank directly
underground, The proposed interior location strategically places the LNG tank behind the
office and warehouse building for screening. Additionally, significant setbacks will be provided
between the onsite parking area and the LNG tank, including a 50-foot wide buffer zone
G:IPlanning\200S\PAOS-0402 Downs Energy - DPIPlanninglPC Hearing ltemslStaff Report PAOS-0402.doc
3
around the entire tank. The building setbacks also meet the minimum requirements including
20 feet along the south and east property lines adjacent to Rancho Way and Diaz Road.
Landscapinq
The landscape plan conforms to the requirements of the Development Code and Design
Guidelines, The project will include 8,632 square feet (or 21 percent) of landscaping, which
meets the minimum landscaping requirements, The landscaping plan proposes seven species
of trees for the site. The perimeter of the site will be fully landscaped and tree and shrub
placement serve to effectively screen on-site parking areas and soften building elevations from
adjacent uses as well as along Rancho Way and Diaz Road, The trees on the interior of the
site complement the architecture and will consist of Chinese Fringe Trees and Purple Leaf
Plums. The LNG tank will be screened with large shrubs and surrounding trees from the
parking lot. An employee break area provided in front of the building on the southeast corner
of the site will be shaded by a large 48 inch box African Sumac. Details of the break area shall
be provided as a condition of approval prior to the i~suance of building permits. Staff also
conditioned for additional landscaping enhancements, which the applicant chose not address
during the review process. The conditions of approval require the following changes: the
warehouse located at the north side of the building shall be screened with evergreens instead
of Willows (Condition of Approval No. 81). The streetscape landscaping along Diaz shall
consist of 24-inch box London Plane trees, consistent with the adjacent planting, and
additional shrubs and trees shall be added to the plan to further enhance and integrate the
project into the area (Condition of Approval Nos. 75-82). Additionally, all landscaping for the
site shall be installed with the first phase of the project (Condition of Approval No. 73),
Access, Circulation, and Parkinq
Access to the proposed LNG facility will be provided from Diaz Road and Rancho Way, The
proposed site plan provides adequate circulation for vehicles, The Department of Public
Works has analyzed the traffic impacts of the project and has determined that the impacts are
consistent with the traffic volumes projected for the site by the previously approved City of
Temecula General Plan EIR. The Fire Department has also reviewed the plan and determined
there will be proper access and circulation to provide emergency services to the site,
Development Code Section 17.24.060 requires one parking space per 300 square feet of office
area and one space per 1000 square feet of warehouse area, The proposed project provides
36 parking spaces, which includes the use of several spaces from the adjacent commercial
fueling station to the west through a recorded reciprocal use agreement. The agreement allows
for shared access and parking between the lots. ' The 34 standard spaces and two handicap
accessible spaces provided will adequately serve the office and warehouse use proposed on
site.
Architecture
The proposed building is consistent with the Development Code and Design Guidelines, and is
compatible with other adjacent buildings. The proposed architecture includes smooth concrete
with 'concrete detailing around the entry fac;:ades. The applicant uses a variation of colors
including white, silver, and a brownish-gray, and additional concrete detailing on several wall ,
planes breaks up the building mass. The building inclu'des painted steel canopies ex1ending
G:\Planning\200S\PAOS-0402 Oowns Energy - OPIPianning\PC Hearing IlemslStaff Report PAOS-0402.doc
4
out between three and five feet and varying in length on all sides of the building. The building
provides adequate Joofline variation by providing varying heights on the ridgeline and
incorporating a single story element along Diaz Road, The building is further enhanced with a
masonry base and both vision and spandrel glass along all elevations, The architecture is
sleek and represents a modern industrial office building consistent with the surrounding
developments.
Staff has determined the project is consistent with the General Plan as well as with the
development standards specified in Sections 17,06.040 of the Development Code "and
Citywide Design Guidelines.
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project in accordance with the California EnvironmentalOuality Act
(CEOA) and, based on an Initial Study, determined the project will not have a significant impact
on the environment if mitigation measures are incorporated into the project. The following
summarizes the mitigation measures for the project.
Noise
Based on a Noise Study that was prepared, the project will generate a maximum noise level of
62.4 dBA at 50 feet from the source with mitigation measures, which is less than the maximum
threshold limit of 75 dBA specified in the General Plan Noise Element.
Recommended Mitigation Measures:
1. An acoustical analysis prepared by a certified acoustical engineer shall be prepared to
ensure that noise levels will not exceed an Ldn of 75 dBA ex1erior or an Ldn of 55 dBA
interior at the receptor, Special design measures (e.g., shielding and muffling devices)
shall be included in the analysis to minimize impacts to surrounding noise sensitive
uses from ultimate projected operational noise levels.
Cultural Resources
Based on analysis from UC-Riverside Eastern Information Center, Department of
Anthropology, the site has been identified as a potential area for containing cultural resources,
The, site has never been' surveyed, so with mitigation the potential to cause a substantial
adverse change in the significance of a historical or archeological resource can be significantly
reduced.
Recommended Mitigation Measures:
1. A qualified archaeological moriitor 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.
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2. 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.
3, In the event any paleontological resources are discovered during grading operations, all
construction activity shall cease. The Planning Department and Building Department
shall be notified in the event any resources are discovered, '
Hazardous Materials
The project operations have the potential to create a significant hazard to the public or the
environment through the routine transportation, use, or disposal of hazardous materials; or
through a reasonably foreseeable upset and accident conditions involving the release of
hazardous materials into the environment.
Recommended Mitigation Measures:
1 . A Business Emergency Plan shall be submitted annually to the County of Riverside
Hazardous Materials Management Division for operations permit renewal. The
Business Emergency Plan shall minimize the impacts of accidental release of a
hazardous material by specifying site specific emergency response, clean-up, and
public safety, A copy of the Business Emergency Plan shall be provided to the
Planning Department.
Hvdroloqv
The project as proposed will place structures within a 1 OO-year flood hazard area which would
impede or redirect flood flows unless mitigated.
Recommended Mitigation Measures:
1. Verification that the finished pad elevation is higher than the flood-plain elevation
shall be provided to the Public Works Department to avoid placing structures at
flood-plain elevation.
2, A Conditional Letter of Map Revision (CLOMR) application shall be filed with the
Department of Public Works to officially remap the property out of the flood-plain
zone. If the property is not remapped prior to issuance of a building permit the
applicant shall obtain flood-plain insurance on the property and provide proof of
such insurance to the Department of Public Works.
Geoloqv
Based on the Geotechnical Report prepared, the project as proposed has potential to expose
people or structures to potential substantial adverse effects, including the risk of loss, injury, or
death inv.olving strong seismic ground shaking, .
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Recommended Mitigation Measures:
1. The recommendations contained in geotechnical report(s) shall be implemented and
consistency with Uniform Building Code evaluated during the building plan check
process. Consistency with Building Code shall minimize impacts to structures evolving
from ground shaking.
2. The recommendations contained in geotechnical report(s) shall be implemented,
including employing a tie-down system such as a deadman, or concrete blocks with
connecting straps to hold the 30,000-gallon emergency underground water storage
tanks in place. A tie-down system shall minimize impacts to underground structures
evolving from ground failure,
Based on the above mitigation measures, staff recommends the adoption of a Mitigated
Negative Declaration and attached Mitigation Monitoring Program,
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned, is consistent with the City's
General Plan and Development Code, and all applicable ordinances, standards, guidelines,
and policies. Therefore, staff recommends that the Planning Commission approve the
Conditional Use and Development Plan, PA06-0135 and PA05-0402, based upon the findings
and subject to the attached Conditions of Approval.
FINDINGS
Conditional Use Permit (Code Section 17.04.010.E)
1. The proposed conditional use is consistent with the General Plan and the Development
Code.
The proposed use is conditionally permitted in the Light Industrial zoning designation
contained in the City's Development Code and consistent with the Light Industrial land
use designation, contained in the General Plan, The site is properly planned and
zoned, and as conditioned, is physically suitable for the use type, The use, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the California Environmental Quality Act (CEQA), and fire and
building codes.
2. 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. The proposed liquid natural gas facility has been reviewed against the
adjacent land uses and will be a complimentary addition to the area, Additionally, the
proposed use will not adversely affect, nor be affected by, any of the surrounding
properties as the adjacent uses are similar use types.
G:IPlanning\200S\PAOS-0402 Oowns Energy - DP\planninglPC Hearing ItemslStaff Report PAOS-0402.doc
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3. The site for a proposed conditional use is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and
other development features prescribed in this Development Code and required by the
Planning Commission or City Council in order to integrate the use with other uses in the
neighborhood.
The proposed conditional use has been reviewed and has been determined to be
consistent with the Development Code and will meet all of the applicable requirements.
The site is adequate in size and shape to accommodate the proposed use without,
affecting the yard, parking and loading, landscaping, and other development features
required by.the Development Code in order to integrate the use with other uses on the
site and within the area,
4. The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community,
The proposed conditional use has been reviewed and witt not-be detrimental to the
health, safety, or general welfare of the community. 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 use witt function in a
manner consistent with the public health, safety and welfare.
Development Plan (Code Section 17,05.01 OF)
1. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of State law and other ordinances ofthe City.
The proposed liquid natural gas facility is conditionally permitted in the Light Industrial
zone of the City's Development Code. The project is also consistent with the Light
Industrial land use designation contained in the General Plan, The site is properly
planned and zoned, and as conditioned, is physically suitable for the type of
development proposed. '
2. The overall development of the land is designed for the protection of the public health,
safety and general welfare, .
The proposed LNG tank meets the development standards for the Light Industrial zone
as stated in the Development Code, 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 witt be constructed
and function in a manner consistent with the public health, safety and welfare, The
project has been reviewed by Fire and Building and witt comply with all Fire and
Building codes.
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8
ATTACHMENTS
1. Vicinity Map - Blue Page 10
2, Plan Reductions - Blue Page 11
3, PC Resolution 06-_ - Blue Page 12
Exhibit A - Draft Conditions of Approval
4. Initial Study - Blue Page 13
5. Statement of Operations - Blue Page 14
6. Reciprocal Use Agreement - Blue Page 15
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ATTACHMENT NO.1
VICINITY MAP
G:\PlanningI200SIPAOS-0402 Oowns Energy - DPIPlanninglPC Hearing ItemslStaff Report PAOS.Q402.doc
. 10
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720
Feet
ATTACHMENT NO.2
PLAN REDUCTIONS,
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ATTACHMENT NO.3
PC RESOLUTION NO. 06-_
G:\Planning\200S\PA05-0402 DoWns Energy - DP\Plannlng\PC Hearing Items\Staff Report PAOS-0402.doc
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PC RESOLUTION NO. 06-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0135 AND PA05-0402, A CONDITIONAL USE
PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT AND
OPERATE A LIQUID NATURAL GAS (LNG) STATION
CONSISTING OF ONE 45 FOOT HIGH LNG TANK AND A
14,776 SQUARE FOOT OFFICE AND WAREHOUSE BUILDING
Section 1. On December 22, 2005 M&D Properties filed Planning Application No,
PA05-0402 (Development Plan), and on May 10, 2006 M&D Properties filed Planning
Application No. PA06-0135 (Conditional Use Permit), 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 and environmental review on November 15, 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 recommended approval of the Application subject -10 and
based upon the findings set forth hereunder.
, Section 5.
All legal preconditions to the adoption'of this Resolution have occurred.
Section 6. That the above recitations are true and correct and are hereby
incorporated by reference. .
Section 7. Findinqs. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17,04.()10,E (Conditional Use Permit), and
as required by Section 17.05,010.F (Development Plan):
Conditional Use Permit
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is conditionally permitted in the Light Industrial zoning designation
contained in the City's Development Code and consistent with the Light Industrial land
use designation contained in the General Plan. The site is properly planned and zoned,
and as conditioned, is physically suitab/efor the use type. The use, as conditioned, is
also consistent with other applicable requirements of State law and local ordinances,
including the California Environmental Quality Act (CEQA), and fire and building codes.
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;
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing Items\DraftReso PA05-0402.doc
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The proposed'conditional use is compatible with adjacent land uses as defined in the
General Plan. The proposed liquid natural gas facility has been reviewed against the
adjacent land uses and will be a complimentary addition to the area, Additionally, the
proposed use wilt not adversely affect, nor be affected by, any of the surrounding
properties as the adjacent uses are similar use types.
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 development code and required by the
planning commission or council in order to integrate the use with other uses in the
neighborhood;
The proposed conditional use has been reviewed for consistency with the Development
Code and wilt meet all of the applicable requirements, The site is adequate in size and
shape to accommodate the proposed use without affecting the yard, parking and
loading, landscaping, and other development features required by the Development
Code in order to integrate the use with other uses on the site and within the area,
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community;
The proposed conditional use has been reviewed and wilt not be detrimental to the'
health, safety, or general welfare of the community. 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 use wilt function in a
manner consistent with the public health, safety and welfare,
Development Plan
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 liquid natural gas facility is conditionally permitted in the Light Industrial
zone of the City's Development Code. The project is also consistent with the Light
Industrial land use designation contained in the General Plan. The site is properly
planned and zoned, and as conditioned, is physically suitable for the type of
development proposed.
B, The overall development of the land is designed for the protection of the public
health, safety, and general welfare;
The architecture proposed for the office and warehouse building is consistent with the
architectural requirements as stated in the Design Guidelines' and the Development
Code. The proposed LNG tank meets the development standards for the Light Industrial
zone as stated in the Development Code. 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 wilt be constructed
and function in a manner consistent with the public health, safety and welfare.
, Section 8. Environmental Compliance. A Negative Declaration with a Mitigation
Monitoring Program has, been prepared and adopted in accordance with the California
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing Items\Draft Reso PA05-0402.doc
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Environmental Quality Act, and the Planning Commission, finds that the proposed use with
mitigation will not have a significant impact upon the environment.
Section 9, Conditions. The Planning Commission of the City of Temecula approves
the Application PA06-0135 and PA05-0402, a Conditional Use Permit and Development Plan for
a liquid natural gas iueling station located at 28011 Diaz Road, subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference,
Section 10. PASSED; APPROVED AND ADOPTED by the City of TemeculaPlanning
Commission this 15th day of November, 2006.
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC, Resolution No. 06-_ was duly and regularly adopted by the Planning
, Commission of the City of Temecula at a regular meeting thereof held on the 15th day of
November, 2006, by the following vote:
. AYES:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
ABSTAIN:
, Debbie Ubnoske, Secretary
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft Reso PA05-0402.doc
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft Reso PAOS-0402.doc
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application Nos.: PA06-0135 and PA05-0402
Project Description:
A Conditional Use Permit and Development Plan to
construct and operate a liquid natural gas (LNG) station.
The development will consist of one 45-foot high LNG
tank, a 30,000 gallon underground emergency water
storage tank and a 14,776 square foot office and
warehouse building on a 0.91 acre site
Assessor's Parcel No.
921-040-040; 921-040-041
. MSHCP Category:
Industrial
DIF Category:
Industrial
TUMF Category:
Industrial
Approval Date:
November 15, 2006
Expiration Date:
November 15, 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 Six1y-Four Dollars ($64.00)
for the County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 21152 and California Code of Regulations Section 15075, If within
said 48-hour period the applicant/developer has not delivered to the Planning Department
,the check as required above, the approval forthe project granted shall be void by reason of
failure of condition (Fish and Game Code Section 711.4(c)).
G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft COAs.doc
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GENERAL REQUIREMENTS
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing Ilems\Draft COAs.doc
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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 City, and its Planning Director, Planning Commission, and City Council retain arid
reserve the right and jurisdiction to review and modify this conditional use permit (including
the conditions of approval) based on changed circumstances. Changed circumstances
include, but are not limited to the modification of the business, a change in scope, emphasis,
size or nature of the business, and the expansion, alteration, reconfiguration or change of
use. The reservation of right to review any conditional use permit granted or approved or
conditionally approved hereunder by the City, its Planning Director, Planning Commission,
and City Council is in addition to, and not in-lieu of, the right of the City, its Director of
Planning, Planning Commission, and City Council to review and revoke or modify any
conditional use permit approved or conditionally approved hereunder for any violations of the
conditions imposed on such conditional use permit or for the maintenance of any nuisance
condition or other code violation thereon. '
5. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan,
6. The applicant shall comply with the Mitigation Monitoring Program for Planning Application
Nos. PA06-0135 and PA05-0402.
7. 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.
8. 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 ex1ensions of
time, one year at a time.
9. A separate building permit shall be required for all signage,
10. The development of the premises shall substantially conform to the approved site plan and
'elevations contained on file with the Planning Department.
G:\Planning\200S\PAOS.0402 Downs Energy. DP\Planning\PC Hearing Items\Draft COAs.doc
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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,
Material
Concrete Panel Building
Color
Sherwin Williams 7042 Shoji White
Concrete Panel Base
Sherwin Williams 7046 Anonymous
Awning
Galvanized Metal
Doors
Aluminum Warm Silver
Windows
Dual Glazed Reflective Glass - Viracon
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 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,
14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
.15. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's
Development Code.
16, The applicant shall comply with their Statement of Operations submitted December 22,
2005, on file with the Planning Department, unless superseded by these Conditions of
Approval.
,17.' Regular hours of operation for the facility shall be Monday through Friday 8 a.m, to 5 p,m,
The offices shall operate Monday through Saturday 7 a.m. to 6 p.m. The fueling station
operates 24 hours a day, seven days a week.
'18. Parking for the project shall be shared across all lots that are a part of the project, in
conformance with the recorded Reciprocal Use Agreement, dated July 15, 2006, which
provides cross-lot access and parking across all lots. '
G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\PC Hearing ltems\Draft CQAs.doc
4
Public Works Department
19. 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.
20. 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.
21. 'All imp(ovement plans, grading plans, and raised landscaped median plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous to
the site and shall be submitted on standard 24" x 36" City of Temecula mylars.
, 22. 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.
23. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms,
Building and Safety Department
.
24. 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.
25. 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,
26, 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,
27. 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,
28. Obtain all building plans and permit approvals prior to commencement of any construction
work.
29. Show all building setbacks,
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30. 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,
.31. Provide an approved automatic fire sprinkler system.
,32. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1 , 1998).
33. Provide disabled access from the public way to the main entrance of the building.
34. Provide van accessible parking located as close as possible to the main entry.
35. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits. '
36. 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
37, 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.
38. 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-1. The
developer shall provide for this project, a water system capable of delivering 1600 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 1400 GPM for a
total fire flow of 3000 GPM with 3 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).
39. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site superfire hydrants (6" x
4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public
streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be
located no more thim 225 feet from any point on the street or Fire Department access
road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2,
903.4.2, and Appendix III-B).
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40. 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
ex1erior 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).
'41. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2,2),
42, The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
43. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E).
44. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
Community Services Department
45. The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers,
46. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris, Only the City's franchisee may haul construction debris,
47. The Applicant shall comply with the Public Art Ordinance
48. All parkways, landscaping, fencing and on site lighting shall be maintained by the property
owner or maintenance association. .
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
49. 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.
50. 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,
51. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease, The Director of 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."
52. 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.
53. 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.
54. 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, '
55. All sacred sites are to be avoided and preserved,
Public Works Department
56. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic
,calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to the issuance of any permit.
57. 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,
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58. 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.
59. 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.
60, 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,
61. 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.
62. 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.
63. 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,
64, As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a, San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
65. 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,
66. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
67, 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.
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68. 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.
69, The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This
project shall comply with Chapter 15, Section 15,12 of the City Municipal Code which may
include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit
shall be submitted to the Department of Public Works for review and approval.
. .
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
70. 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.
71. An acoustical analysis prepared by a certified acoustical engineer shall be prepared in
compliance with the mitigation monitoring program.
72. A copy of the Business Emergency Plan submitted to the County of Riverside Hazardous
Materials Management Division shall be provided to the Planning Department in compliance
with the mitigation monitoring program,
73. If project phasing is proposed, a phasing plan shall be submitted to and approved by the
Planning Director. All landscaping for the site shall be included and installed with the first
building phase,
74. 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 a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkway~, etc. are not to infringe on this area,
c. Provide an agronomic soils report with the construction landscape plans.
d. One copy of the approved grading plan.
e, Water usage calculations per Chapter 17,32 of the Development Code (Water
Efficient Ordinance).
f. Total cost estimate of plantings and irrigation (in accordance with approved plan).
g. The locations of all existing trees that will be saved consistent with the tentative map.
h. 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.
i. Specifications shall indicate that a minimum of two landscape site inspections will be
required, One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two hours without loss of pressure,
The second inspection will verify that all irrigation systems have head-to-head
coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The 8pplicanVowner shall contact the
Planning Department to schedule inspections.
75. The Platanus racemosa - California Sycamore adjacent to Diaz Road shall be revised to
Platanus acerifolia - London Plane Tree.
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76. Appropriate medium size shrubs shall be mixed in with small shrubs along the east side of
the building as approved by the Planning Director.
77. Pittosporum 'Wheelers Dwarf' (2'-3' high) listed under large shrubs shall be revised to an
appropriate large shrub as approved by the Planning Director,
78. Kniphofia uvaria (2' high) listed under medium shrubs shall be revised to an appropriate
medium size shrub as approved by the Planning Director.
79. Additional large, medium and small shrubs along with ground covers shall be used that are'
compatible with adjacent existing projects as approved by the Planning Director.
80. The shrub bed and turf layout proposed around the Diaz Road signage shall be revised to
provide appropriate shrubs and ground covers around the sign.
81 , Fou r trees located to the north of the north ten parking spaces shall be revised to dense
evergreen trees (Le, Pinus eldarica) as approved by the Planning Director.
82. ,Evergreen screen shrubs shall be provided around the trash enclosure as approved by the
Planning Director,
83. Street trees shall be provided atthe rate of one per 30' of street frontage,
84. A tree shall be provided at all parking row ends as approved by the Planning Director,
85. Parking lot trees shall be revised to provide one broad canopy type tree per four parking
spaces as approved by the Planning Director. The trees shall be in close proximity to the
parking spaces they are to shade.
86. Landscape areas along the north property line across the driveway from this project shall be
refurbished as approved by the Planning Director.
87. A landscape maintenance program shall be submitted for approval with the landscape
construction plans, which details the proper maintenance of all proposed plant materials to
assure proper growth and landscape development for the long-term esthetics of the
property. The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carryout the detailed program
88. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot clear zone
around fire check detectors as required by the Fire Department before starting the screen.
Group utilities together in order to reduce intrusion, Screening of utilities is not to look like
an after-thought. Plan planting beds and design around utilities, Locate all light poles on
plans and insure that there are no conflicts with trees,
89. Building Construction Plans shall include details for 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,
90. Building Construction Plans shall include details for all trash enclosures for the project,
which shall include a trellis structure over the top of the enclosure, a concrete floor and a
concrete stress pad to reduce pavement damage from disposal trucks,
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91. Building Construction Plans shall include details for a tie-down system in compliance with
the mitigation monitoring program.
92. Building plans shall indicate that all roof hatches shall be painted "International Orange".
93, The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall
be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background, The address shall be oriented to the street and placed as closely
as possible to the edge of the building c1osestto the street.
Public Works Department
94. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a. Flowline grades shall be 0.5% minimum over P,C,C. and 1,00% minimum over A.C.
paving.
b. Driveway shall conform to the applicable City of Temecula Standard No. 207A.
c. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard No. 400.
d. All street and driveway centerline intersection shall be at 90 degrees.
95. 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 Diaz Road (Major Highway Standards - 100' R/W) to include the installation
of curb and gutter, sidewalk, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer), raised landscaped median,
b. Improve Rancho Way (Collector Road Standards - 70' R/W) to include the
installation of street improvements, curb and gutter, sidewalk, drainage facilities,
utilities (including but not limited to water and sewer).
c, The Developer shall design and construct or provide an in lieu of construction fee for
half width raised landscape median on Diaz Road (Major Highway Standards - 100'
R/W) from North Boundary to South Boundary (along property frontage), Plans shall
be reviewed and approved by the-Department of Public Works,
96. 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: curb and gutter,
medians, sidewalks, drive approach, signing, striping
b. Storm drain facilities
c. Sewer and domestic water systems
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97, A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
98. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved
by the Department of Public Works for Diaz Road and Rancho Way,
99. 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.
100. The Developer shall obtain an easement for ingress and egress over the adjacent property.'
101. ,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.
102, The Developer shall record a written offer to participate in, and waive all rights to object to
the formation of an Assessment District, a Community Facilities District, or a Bridge and
, Major Thoroughfare Fee District for the construction of the proposed Western Bypass
Corridor in accordance with the General Plan, The form of the offer shall be subject to the
approval of the City Engineer and City Attorney,
103. 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
104. Prior to submitting for plan review, obtain street addressing for all proposed buildings prior to
submittal for plan review.
105, At plan review submittal, restroom fix1ures, number and type, to be in accordance with the
provisions of the 2001 edition of the California Building Code Appendix 29.
106. At plan review submittal, provide electrical plan including load calculations and panel
schedule, plumbing schematic and mechanical plan applicable to scope of work for plan
review.
107. At plan review submittal, truss calculations that are stamped by the engineer of record and
the truss manufacturer engineer are required for plan review submittal.
108. At plan review submittal, provide precise grading plan at plan check submittal to check
accessibility for persons with disabilities,
109, Prior to permit issuance, provide appropriate stamp of a registered professional with original
signature on'plans prior to permit issuance,
110. Prior to beginning construction, a pre-construction meeting is required with the building
inspector prior to the start of the building construction,
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Fire Prevention
111. Prior to building construction, all locations where structufes are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed, Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2),
112. 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 Fife
Prevention Bureau for signatufes. The required watef system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704,3, 901.2,2,2 and National Fire
Protection Association 24 1-4,1).
113. Prior to building permit issuance, a full technical report may be required to be submitted and
to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life
safety measures per 1998 CFC, 1998 CBC, NFPA -13,24,72 and 231-C,
Community Services Department
114. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris,
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
.
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Planning Department
115. 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,
116, 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,
117. 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 '
118, 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 in<:;hes 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,"
119. 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.
120, 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.
,121 . All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
122. 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.
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123. 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
124. 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.
125. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed arid replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention
126. 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).
127, 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).
128. 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).
129. 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),
130. 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).
131. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildirigs
housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code
Article 81 and all applicable National Fire Protection Association standards. The storage of
high-piled combustible stock may require structural design considerations or modifications to
the building. Fire protection and life safety features may include some or all of the following:
an automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, sm'oke vents, draft curtains, Fire Department
access doors and Fire department access roads (CFC Article 81).
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132. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant
shall be responsible for obtaining underground and/or aboveground tank permits for the
storage of combustible liquids, flammable liquids or any other hazardous materials from both
the County Health department and Fire Prevention Bureau(CFC 7901,3 and 8001.3)~ '
/
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OUTSIDE AGENCIES
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133. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated January 4,2006, a copy of which is
attached.
134. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated January 5,2005, a copy of which is attached.
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:IPlanning\2005IPA05-0402 Downs Energy - DPIPlanninglPC Hearing Items\Draft COAs.doc
23
-.
"'
JanUary 4, 2006
o COG.,..-ifY OF RIVERSIDE . HEf\LH0ERVICES AGENCY 0
DEPA~TMENT OfENVlfJ.ONMENTAL HEALTH
,
>
f
(
!
i ,
I -...... .
i WrDJ~ @fEill!7[Er1!
! rI III:
[ I. JAN 0 5 2006 ~
fa
fY-
. . ". . City ofTemecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Veronica McCoy
RE:
Development Plan No. P A05-0402
---_.~..","'.~-.,....-
Dear Ms. McCoy: f
1. Department of Environmental Health has re0ewed the Dev.e10pment Plan to cOnstruct a liquid
natw'a1 gas facility and a 14,776 sq. ft spec building and h no objections. Although, the site
plan>indicates that water and seWer service,s are existing we have no recent information in
.' regards water and seweravailability.' .
2. PRIOR TO THE ISSUANCE OF BUILDING PE
BE REQUIRED:
a) "Will~sci-ve" letters from the appropriate water and wering districts.
.. . .... .., .... '. .... '. .,/! . . . . .... .
;i"';~) If there are to be any food establishments, (including vendmg machines), three complete
, " sets ofpla11$ for,each foodestabHshm,entwill be subputted including a fixture schedule,
a fmishschedule and a plumbing schedule in order to ensure compliance with the
California Uniform Retail Food Facilities Law 2. F~r specifIc reference, contact Food
Facility Plan Exluniners at (951) 600-6330. .
THE FOLLOWING SHOULD
. c) If there are to be any hazardous materials, a clearandeletter from the Department of
Environmental Health Hazardous Materials Management Branch (951-273-9161) will
, be required indicating that the project has been cleared for:
. Underground storage tanks, Ordinance #617.4~
. Hazardous Waste GeneratorServices, Ordinance #615.3.
. Hazardous Waste Disclo.sure (in accordance with Ordinance # 651.2).
. Waste reduction manag~menl.
Sincerely,
~ez,suP singEnviro~~t~IHj:althS;~ialist' '" . .'. "
(909)955-8980 .'" ." ..... ""'. '.,., ".: ....... ..' ".-:. ..' ", ',," .....
NOTE: . Any current additional requirementS notcovertd can be applicable at time of Buildirig Plan review for
ftnal Department of Environmental Healtli clearance.
cc: Doug Thompson, Hazardous Materials
Local Enforcement Agency' PO. Box 1280, Riverside, CA 92502-1280 . (9091955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 9250~
'.and Use and Wafer Engine~ring . PO. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Roor, RIversIde, CA 9250:
.: :~r: " .'- ".
......r
( /~
.... .....15:\
..~
Rancho
Water
. Boardo(Di<<ctom
Ben R. Drake
President
Stephen J. Corona
Sr..VicePresident
Ralph H. Dail)'
Usa D. Herman
John E. Ho.~d
;' MiC:bae1 a. McMillan
. ""
'~WUliain Eo Pl~er .
O~cen:"
".
Bri~ J. Brady
General~
PhlllipL.Fome.
Assistant General Manager I
ChiefFiliancialOfficer
E. P.~. Lemons
DirectorofEngineering
Perry Ii Louck
Director of Planning
Jeft'D. Amutrong
Controller
Kelli E. Garc:ia
'DistrictSecretary
C. Mic:h-.el Cowett
Best B~ &; KrIeger u..p
General Counsel
'-..,/.
.'-...,/
January 5, 2006
Veronica McCoy, Project Planner
City of Temecula .
Planning Department.
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
fij)~cg~ n W~1iJ'
(n1 JAN 0 9 2006 I!:!J
SUBJECT:
,By . .
. , Pliin/llng Department
WATER AVAILABILITY , '
DOWN'S ENERGY; PARCELS!NO. 1 AND NO.2 OF
PARCF,L MAP.N.O. 0018 . i
APN 921-040-040 AND APN 9211.040-041
. ,
CITY PROJECT NO. P A05-0402
1M & D PROPERTIES)
Dear Ms. McCoy:
Please. be advised that the above-referenced property is located within the
boundaries of Rancho California Water DistHct (RCWD). Water service,
therefore, wOllldbe, availableujJon construction of any required on-site and/or
otf"site' water facilities and the completion of financial arrangements between
RCWD and the property owner.
If fir~ 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.- .
If you should have . an)' .que~~iors;please coutaetan. Engitidring Services
. Representative at this office at (951) 296-6900;
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
---;yj J/Jh7r~+---
, ~i~~eyerpeter~' .
. Development Engineering Manager
O6IMM.tmo03IFEG
c: Laurie Williams, Engineering Services Supervisor
Rancho California Water District
42135 Winchester Road. Post Office BOll 9017 . Ternocula, ClIiifomia 92589-9017 . (951) 296-6900 . FAX (951129G-6860
. www.ranehowater.com : .1. .
...:.., n' . ;r:.:~'.'?:: . r...
ATTACHMENT NO.4
INITIAL STUDY
G:IPlanning\2005IPA05-0402 Downs Energy - DPIPlanninglPC Hearing ItemslStaft RepOrt PA05-0402.doc
13
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Pro'ect Title
Lead Agency Name and Address
Contact Person and Phone Number
Project Location
Project Sponsor's Name and Address
General Plan Desi nation
Zonin
Description of Project
Surrounding Land Uses and Setting
Other public agencies whose approval
is re uired
Environmental Checklist
Down's Ener
City of Temecula
P.O, Box 9033, Temecula, CA 92589-9033
Dana Schuma, Associate Planner
951 694-6400
Northwest corner of Rancho Way and Diaz Road (Assessor's Parcel
No. 921-040-040 & 321-040-041
Gates and Haas
28465 Old Town Front Street
Temecula, CA 92590
I ndustrial Park I P
Li ht Industrial LI
A Conditional Use Permit and Development Plan for the construction
and operation of a liquid natural gas (LNG) fueling station and
office/warehouse building on a 0.91 acre site. The project will
consist of one 45-foot high LNG tank containing 14,850 gallons, a
30,000 gallon emergency underground water storage tank, and a
14,776 square-foot office/warehouse building. The 45-foot high tank
will be located within an eight-foot wall enclosure on the northwest
corner of the property. The proposed building will be used for offices
and above ground oil storage tanks. The project will occur on a
reviousl raded site in a lanned industrial area.
The site is surrounded by industrial uses. To the north and south of
the site are industriaVcommercial buildings. The east side of the
property is adjacent to Diaz Road and Murrieta Creek, and to the
west is an existin as station.
None
G:IPlanning\2005IPA05-0402 Downs Energy - DPIPlanninglCEQAUnitial Study - Downs Energy.doc
, 1
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklists on the following pages.
Aesthetics Mineral Resources
Agriculture Resources , ,{ Noise
Air Quality Population and Housina
BioloQical Resources Public Services ,
,{ Cultural Hesources Recreation
,{ Geoloay and Soils T ransportationfT raffic
,{ Hazards and Hazardous Materials Utilities and Service Svstems
" Hvdroloav and Water Qualitv Mandatorv Findinas of Sianificance
Land Use and Plannina None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared. ,
./ I find that although the proposed project could have a significant effect on the environment, there will not
, be a signif.icant effect in this case because revisions in the project have been made by or agreed to by
the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared;
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required. ,
I find that the proposed project MAY have a "potentially significant impacf' or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIRor NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed proiect, nothing further is required. , , ,
((/~ ~
Signature ~ ,
)
!O/Y/tf&
. , ,
Date
Dana Schuma
Printed name
,
Citv of Temecula
For
G:IPlarming\2005IPA05-0402 Downs Energy - DPIPlanninglCEQAllnitialStudy - Downs Energy.doc
2
1. AESTHETICS. Would the project:
>'t;;UPot~,nti~lly1<t,'+>i
:'p"qi~nJ~ca:6t .lJni~S~~l
~~<,~~~~i~~~~~~~f~
./
a.
b.
Have a substantial adverse effect on a scenic vista?
'Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic hi hwa ?
Substantially degrade the existing visual character or
ualit of the site and its surroundin s?
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
./
c.
./
d.
./
Comments:
1.a. No Impact The proposed project is on 0.91-acres of vacant land. The properties adjacent to the
proposed project are developed. To the west of the site is an existing fueling station. No scenic vistas have
been identified or will be adversely impacted from developing the proposed project.
1.b. No Impact No major rock outcroppings or historic buildings exist on the project site. The proposed
project is not located on or near a scenic highway. There will be no impact to any scenic resources from the
proposed facility.
1.c., Less Than Significant Impact The proposed LNG tank will stand 45 feet in height with a three-foot
blow off valve at the top. The proposed building will range between 38 feet and 24 feet in height. The
maximum height permitted in the Light Industrial zone is 50 feet. The proposed building has been strategically
located on the site to help mitigate the visual impact of the LNG tank from across the Temecula Creek to the
east and from the adjacent properties. Based on the project, design and the existing developments
surrounding the site, the aesthetic impacts from the proposed project are forecast to be less than significant.
1.d. No Impact The proposed project site is surrounded by industrial development, which illuminates the site.
The proposed project will not add substantial new lighting or glare which would adversely affect views in the
area. The project will be conditioned to comply with the requirements of the Riverside County Mount Palomar
Observatory Ordinance 655. No impact is anticipated as a result of the proposed project.
G:IPlanning\2005\PA05-0402 Downs Energy - DPIPlanninglCEQAUnitial Study - Downs Energy,doc
3
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural land
Evaluation and Site Assessment Model (1997) prepared by the California, Department of
Conservation as an optional model to use in assessing impacts on agriculture and farmland.
Would the project:
a.
rtirf
Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-a ricultural use?
Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-a ricultural use?
b.
c.
Comments:
I
'ti,t~%,g9J~p~,a^UY~:;c~J0
r~7!9p!fi9MJH~>~~~,Q:
..,~."Mltlgatlon..,+,;;,
;t;tj;inco"'-oratect~i:F
.,f
.,f
.,f
2.a-c. No Impact: The project site has previously been disturbed for industrial uses. This property is not
considered prime or unique farmland of statewide or local importance as identified by the State Department of
Conservation and the City of TemeCula General Plan. The site is not under a Williamson Act contract nor is it
zoned for agricultural uses. In addition, the project will not involve changes in the existing environment, which
would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the
proposed project.
G:IPlanning\2005IPA05-0402 Downs Energy - DPIPlanninglCEQAllnilial Study - Downs Energy.doc
4
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air, pollution control district may be relied upon to make the following
determinations. Would the project:
a.
b.
c.
d.
e;
Conflict with or obstruct implementation of the applicable
air uali Ian?
Violate any air quality standard or contribute substantially
to an existin or ro'ected air ualit violation?
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed uantitative thresholds for ozone recursors?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number
of eo Ie?
v'"
v'"
v'"
v'" ,-
v'"
Comments:
3.a. No Impact: The proposed project consists of a fueling station for liquid natural gas (LNG).including a
LNG tank, underground water storage tank, and a 14,776 square-foot office/warehouse building. The General
Plan EIR assumed that development would occur on the subject site consistent with the General Plan land use
designation of Industrial Park (IP). The General Plan designation is implemented through the City's LI (Light
Industrial) zoning designation. The General Plan EIR analyzed the potential impacts from potential uses in the
LI zone. In addition, an Air Quality Analysis Report was completed for the project, which concludes that
installation of the fueling station would support the implementation of SCAQMD Rule 1193. SCAQMD Rule
1193 is a requirement to increase the use of alternative fuel heavy-duty vehicles to help achieve air pollutant
emission reductions in the South Coast Air Basin. Therefore, the proposed project will not conflict or obstruct
the implementation of the applicable air quality plan.
3.b and d.Less Than Significant Impact: The proposed project will result in short-term dust and exhaust
emissions,during the project construction phases. The URBEMIS emissions modal used in the Air Quality
Analysis Report concludes that all emissions generated over the estimated construction period of three months
are well within their requisite threshold values. The proposed project will also result in long-term air pollutant
emissions, including NOx, ROC, CO, PM'Q, and SOx emissions, during project operation. The URBEMIS
emissions modal concludes the estimated air pollutant emissions for all criteria pollutants would be below the
applicable emission thresholds. Based on the URBEMIS analysis contained in the Air Quality Analysis Report,
the estimated air pollutant emissions for both project construction and operations would not exceed the
emission thresholds established by the SCAQMD. Therefore, the proposed project will not violate an
applicable air quality standard, contribute substantially to an existing or projected air quality violation, or
expose sensitive receptors to substantial pollutant concentrations. Air quality impacts from the proposed
project are considered to be less than significant.
3.c. Less Than Significant Impact: Based on the Air Quality Analysis Report prepared for the project,
natural gas is considered cleaner burning than gasoline or diesel fuel, and natural gas vehicles show an
average reduction in ozone-forming emissions of 80 percent compared to gasoline vehicles. The Report also
concludes that all emissions generated from project construction and operations are well within their requisite
G:IPlanning\2005\PA05-0402 Downs Energy. DPIPlanninglCEQAllnitial Study. Downs Energy.doc
5
threshold values. Therefore, the proposed project will not result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is non-attainment under an applicable Federal or State
ambient air quality standard and impacts are considered to be less than significant as a result.
3.e. Less Than'Significant Impact: Certain amounts of odors will be generated from vehicles tailpipe
exhaust emissions during construction and operation. These odors would be attributable to emissions from
unburned hydrocarbons from tailpipes which are typically very small. Additionally, the proposed project (an
LNG fueling station) is not considered a land use that would generate significant odor impacts. Odor impacts
associated with the proposed project therefore would be less than significant.
G:IPlanning\2005IPAOS-Q402 Downs Energy. DPIPianninglCEQAUnitial Study. Downs Energy,doc
6
4. BIOLOGICAL RESOURCES. Would the project?
,
a.
b.
c.
d.
e.
f.
:;;'";: ~>: ' ~,;''-'' ,: ",.'/, : ~(<'_~' ",;;~<,:~':'~~~;~~::Jt~~~~ -'~.::;~:!- : ',":'>f,;t; .~.: :~.: :>< ~ <.: <;. ':-l:I::-f:-:U It,.' -~~,:t~~,~ti,':~,il-y;-::,'~,J,~,~;9;\f1fi,~8:,- ~:j,~%,':~,~,~,F ~!t~~~~t~;f~~,_ ~,;I~,t~,
..,:.,';t".'..:):,""" "" ,..... :.,<'...::$1,'.'..,;.. ..,',",:,.,', ":';1:;' ,,'...'...'.. 'N "..'"" ..'.."~.."., .'
:;: ','-, " . ,-(< ,'_ .=-,.8 . _ " ", >., ','';''~ ('.';~'-; <:.~-::~;-::-:~~ ~/s,igl)J!~~!!t~1.: ~-<;*M!~g~ti9n~~f( ![::~i<<~~l~~~Jj \i(~~2?iij!'j
.- <':.,4 . '" '-.. ,,:.. 'ssuesan~'~uci~hi~'~~~~r'm'a;jbn;s6u;~~s .-'!" >;') w~;:;2>, '.. it, .:_-Imoact,-{,~^." ~< IncOiDorated&r~- . _ -~Imoactf;.* ,;.,..ImoacH.:~
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
asa candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act, (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites? '
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
-/
-/
-/
-/
-/
-/
Comments:
4.a~e. No Impact: The project site has been previously. graded and ,does not contain any natural biological
resources, including wetlands, riparian habitat, vernal pools, or nursery sites. The site is located within the
Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees are required to offset the effect of
cumulative impacts to the species from urbanization occurring throughout western Riverside County and the
project will be conditioned to pay this fee. Therefore, no impacts are anticipated as a result of this project.
4.f. Less Than Significant Impact: The project is located in a Multiple Species Habitat Conservation Plan
Criteria Cell. The applicant filed a Habitat Acquisition and Negotiation Strategy (HANS) application. The City
of Temecula has not identified this property as a candidate for habitat acquisition. Additionally, the applicant
will be required to pay MSHCP mitigation fees and all impacts are anticipated to be less than significant as a
result of the proposed project.
G:\Planning\2005\PA05-0402 Downs Energy. DPIPlanninglCEQAllnitial Study. Downs Energy.doc
" 7
5.
CULTURAL RESOURCES. Would the project: .
a.
,t {';' '~'.< i" ,/',; p'o,~~ntia!)Y,i;;';'f ;If( ;:~,;__e ~,;(:
>'~,:p'otentially;' . -Significant Unless;. LessThan>;,.'
'. '> " ,.- : ;~~, - ' 1; ~ '~"lSjgriifjcant~1' 'A;;;- ',' Mitjgation~;.~,ii; , ~.Signitfcan(~
Issues'and Su ';.!, ;,~\'Im act ;<'.': ,~>:YJnco"-or<iie'd.:;,,;~ ,,^;r;'~.:lrn'ad:~:'.
Cause a substantial adverse change in the significance of ,/
a historical resource as defined in Section 15064.5?
Cause a substantial adverse change in the significance of
an archaeolo ical resource ursuant to Section 15064.5?
Directly or indirectly destroy a unique paleontological
resource or site or uni ue eolo ic feature?
Disturb any human remains, including those interred
outside of formal cemeteries?
)',":;
b.
,/
c.
,/
d.
,/
Comments:
5.a-d. Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan
(November 9, 1993, Figures 5-6 and 5-7) does not identify the project site as a sensitive archaeological or
paleontological resource area. However, UC-Riverside Eastern Information Center, Department of
Anthropology, identified the site 'as a potential area for containing cultural resources. The site has been
previously graded and disturbed, but not surveyed. The project therefore has potential to cause a substantial
adverse change in the significance of a historical or archeological resource as defined in Section 15064 and
the following mitigation shall be required as part of the mitigation monitoring program to ensure proper
treatment and disposition of any unknown cultural resources that may be inadvertently discovered during
further excavation activities. '
a. 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.
b. 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.
c. 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.
d. All sacred sites are to be avoided and preserved.
G:IPlanning\2005IPA05-0402 Downs Energy, DPIPlanninglCEQAllnilial Study' Downs Energy.doc
8
6. GEOLOGY AND SOilS. Would the project:
a.
- ,.
" . ~ I~sue~ :~'ri~ Su ortin" .lnl~rmaljorii~6u;~
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involvin :
i. The rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
(Refer to Division of Mines and Geology Special
Publication 42.
ii. Stron seismic round shakin ?
iii. Seismic-related round failure, includin Ii uefaction?
iv. landslides?
Result in substantial soil erosion or the loss of to soil?
Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
s read in ,subsidence, Ii uefaction or colla se?
Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or ro ert ?
Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
f~f~~~~~[i~liy:'::' ~:~~~:~J~~~~~Zi~~~%j}~~:~t~~~~j
':;~~ ~ig'li,fJ8a_~t~'~ :1k;:'j:; Mi!_i~~ti,?~h~;~~ 0}1$ig~J~ic~~~,{$
:;.s;:j;'ilm act ,<>:,:;-, !r~:1.lnco orated~ '",)':rlm act~_;s
./
./
./
b.
c.
./
./
./
d.
./
e.
./
Comments:
6.a.i. Less Than Significant Impact: The City of Temecula General Plan (November 9,1993, Figure 7-1) did
not identify any faults through this property nor is it located within an Alquist-Priolo Special Studies Zone,
therefore no impact is anticipated as a result of the proposed project.
6.a.ii. Potentially Significant Unless Mitigation Incorporated: The project is located in Southern California,
an area that is seismically active. Any potentially significant impacts from seismic ground shaking or ground
failure will be mitigated through engineering best practices and consistency,with Uniform Building Code
standard evaluated during the building plan check process. After the following mitigation, measures are
incorporated, no impacts are anticipated as a result of this project.
a. Prior to the issuance of grading and building permits, the recommendations contained in
geotechnical report(s) shall be implemented al""!d consistency with Uniform Building Code
standard evaluated (juring the building plan check process.
6.a.iii. Potentially Significant Unless Mitigation Incorporated: There may be a potentially significant
impact from seismic related ground failure including liquefaction. According to the General Plan (November 9,
1993, Figure 7-2), the site is located within an identified area of potential subsidence and liquefaction hazards.
The Geotechnical Analysis prepared by Environmental & Geotechnical Engineering Network Corporation, June
:2004, identified that a potentially significant impact exists to the underground tanks from liquefaction unless
G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\CEQA\lnitial Study - Downs Energy.doc
9
mitigated. All potentially significant impacts will be mitigated through building construction to a less than
significant impact level and the following shall be part of the mitigation monitoring program:
a. The 30,OOO-gallon emergency underground water storage tank shall employ a tie-down system
such as a deadman, or concrete blocks with connecting straps to hold the tanks in place. Prior to
building permit issuance, the applicant shall provide the Building and Safety Department and the
Planning Department with the structural design plans for review and approval.
6.a.iv. Less Than Significant Impact: The results of geologic investigations indicate that potential for
landsides is very low due to the relatively flat topographic relief of the site. A less than significant impact would
occur and no mitigation measures would be required.
6.b. Less Than Significant Impact: The proposed grading activities are anticipated to be routine with review
of engineered grading plans. With the implementation of a Stormwater Prevention Pollution Plan (SWPPP) for
grading and construction the, proposed project is not anticipated to contain any unstable soil or erosion
conditions that would result in substantial soil erosion or the loss of topsoil. Therefore, a less than significant
impact is anticipated as a result of this project.
6.c. Less Than Significant Impact: The site is not located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project. According to the Geotechnical Analysis prepared for the
project, potential for landslides is considered to be very low due to the relatively flat topographic relief of the
,site. Additionally, the site is located on alluvial soil which 'was found to have low expansion potential. The
applicant will be required to prepare soils reports prior to issuance of a grading permit. Less than significant
impacts are expected as a result of the project.
6.d. Less Than Significant Impact: The results of geologic investigations indicate that the soils underlying
the site generally have a low expansion potential. A less than significant impact would occur and no mitigation
measures would be required.
6.e. No Impact: Septic sewage disposal systems are not proposed for this project. The project will be
required to hook up to the existing public sewer system. Therefore, no impacts are anticipated as a result of
this project.
G:\Planning\2005\PA05~0402 Downs Energy - DP\Planning\CEQA\lnitial Study - Downs Energy.doc
10
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project;
a.
b.
c.
d.
e.
f.
g.
h,
.
.
'." . ,'.;<,.--D'0;.~~~([~~,).t ;;~~\
. . ;lssues.{OO Si.iciDorti~alnformation'Source;; .
. F .\ <::;:;:;,',. '-':~~- .,,:::^~~;;:-:;'\:j . :". ',~9,t_el}ti,~_!IY:^~~J 7 ,j -'.'~,f' "'~ .t~'~'t~':>t
'..,", :t~~:, ,,;1,P?len.!la,',I!Y[w':,~ t?lgn,!_fi~.!!.'!t.p,~,)e~s,',: ~,_:~l~~S.~h~I},2.> ,.,. .;::r:_\~,
~ .{ _ ~~~S,lgnif!~a.rHr: ~-':~;'f.1!tI9~tI9!!' 'i'~}: Jt Slgn.lfl~arl!~ . ", ':~9 .i?>ji
. .h..lmoa'ct -,~;'< "lncOrPorated' _-, .~.. ImDactp.;~.. Impact'"
oj.
Create a significant hazard to the public or the
environment through the routine transportation, use, or
disposal of hazardous materials?
Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
,Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existinQ or proposed school?
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
workinq in the proiect area?
For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
workinQ in the project area?
Impair implementation of pr physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
./
./
./
./
./
./
./
./
Comments:
7.a-b. Potentially Significant Unless Mitigation Incorporated: The applicant is proposing a fueling station
for liquid natural gas (LNG), which includes a liquid natural gas (LNG) tank, at grade oil storage tanks, and
existing underground fuel storage tanks under a separate permit at an existing adjacent station. The fuels
stored and/or distributed from the site will be gasoline, kerosene, solvent, motor oil, industrial oil, gear oil,
grease, anti-freeze, and detergent. It is expected that these tanks will be refilled every one to two days as'"
needed. The proposed project will use existing Diaz Road as the ingress and egress point. All potentially
significant impacts to the public or the environment resulting from routine transportation, use, or disposal of
hazardous materials or the accidental release of hazardous materials into the environment shall be mitigated
with implementation of a business emergency plan. The plan ensures all potentially hazardous materials are
contained, stored.. used, and disposed of in compliance with applicable standards and regulations, and that the
appropriate personnel are contacted in the event ofa hazardous materials-related emergency. The following
shall be required as part of the mitigation monitoring program.
G:IPlanning\2005IPA05.0402 Downs Energy. DPIPlanninglCEQAllnitial Study. Downs Energy.doc
11
a. The applicant shall submit a Business Emergency Plan annually to the County of Riverside
Hazardous Materials Management Division for operations permit renewal. The applicant shall
provide a copy of the Business Emergency Plan to the Planning Department prior to Building
Permit Issuance.
7.c. No Impact: No schools exist or are proposed within one-quarter mile of the proposed project site;
therefore, no impacts are anticipated as a result of the proposed project.
7.d. No Impact: The proposed project is not on a site included on a lisl.of hazardous materials sites pursuant
to Government Code Section 65962.5 that would create a significant hazard to the public or the environment,
and no impacts are anticipated as a result of the proposed project.
7.e-f. No Impact: The proposed project is not located within an airport land use plan or within two miles of a
public airport or private air strip. No impact to people working in the area or airport uses is anticipated as a
result of the proposed project.
7.g. No Impact: The proposed project is not located in an emergency response or evacuation plan area.
Therefore the project would not impair the implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project.
7.h. No Impact The project site is within an urbanized area that is not considered to be a high fire risk area.
The proposed project complies with all applicable Building and Fire Codes. This project would not expose
people or structures to a significant risk or loss, injury or death involving wildland fires and no impact is
anticipated as a result of this project.
G:IPlanning\2005IPA05-Q402 Downs Energy. DPIPianninglCEQAllnitial Study. Downs Energy.doc
12
,
f.
g.
h.
i.
j.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a.
':: .' Issues :~d su~~rt2~.i6~j~:~r&:~::/ f;',.';'i~:,{f\;"i~;ci;l. [;;;~i~(; Iif~li~i~l ~~~~ii~
Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade water
qualitv?
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been qrantedl?
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a ,.manner which would result, in
substantial erosion or siltation on- or off-site?
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in
f100dinq on or off-site?
Create or contribute runoff water which would exceed the
capacity of existing or planned, storm water drainage
systems or provide substantial additional sources of
polluted runoff?
Require the preparation of a Water Quality Management
Plan?
Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
Place within a 1 DO-year flood hazard area structures which
would impede or redirect flood flows?
Expose people or structures ,to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
Inundation bv seiche, tsunami, or mudflow?
v'
';' fO';;.
,,; 'i
v'
b.
v'
c.
v'
d.
,
v'
e.
v'
v'
v'
v'
v'
Comment:
a.a. No Impact: The pr,oject will be required to comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES). By complying with the NPDES requirements, the project will not
violate any.water quality standards or waste discharge requirements that would substantially degrade water
quality. No impact is anticipated as a result of this project.
a.b. No Impact: The proposed project would not substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering
of the local groundwater table level because the project will not use wells. ' The project will not have an affect
on the quantity and quality of ground waters, either through direct additions or withdrawals. The proposed
project is required to comply with local development standards, including lot coverage and landscaping
G:IPlanning\2005IPA05.0402 Downs Energy - DPIPlanninglCEQAllnitial Study. Downs Energy,doc
13
requirements, which allow for percolation and ground water recharge. No impact is anticipated as a result of
the proposed project.
8.c. Less Than Significant Impact: The proposed project will include an on-site drainage plan and is
required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB)
regulations as well' as National Pollution Elimination Discharge System (NPEDS) standards. Through
implementation of the project Stormwater Prevention Pollution Plan (SWPPP), erosion and siltation issues are
controlled to a less than significant impact level. Therefore, this project will not substantially alter the existing
drainage pattern of the site or area, including the alteration of the course of a stream or river in a manner which
would result in substantial erosion or siltation on or off-site. A less than significant impact is anticipated as a
result of the proposed project.
8.d. Less Than Significant Impact: The proposed project would increase runoff as a result of increasing the
impervious surface on the project site. The City imposes standard mitigation to detain surface runoff on the
property to ensure that the maximum runoff volume from the site is not significantly increased. The City of
Temecula Public Works Department has reviewed the on-site drainage plan and determined adequate
drainage facilities are in place to accommodate additional flow. With implementation of the project Water
Quality Management Plan (WQMP), the proposed project will not substantially alter the existing drainage
pattern of the site or area, nor will it substantially increase the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site. Therefore, a less than significant impact is anticipated as a result
of the proposed project.
8.e. Less Than Significant Impact: The project is required to comply with Best Management Practices'
(BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Discharge
Elimination System (NPDES) standards, which address drainage and polluted runoff. Through implementation
of the WQMP, the proposed project will not create or contribute runoff water which would exceed the capacity
of existing or planned storm water drainage systems or provide substantial additional sources of polluted
runoff. A less than significant impact is anticipated as a result of the proposed project.
8.f. Less Than Significant Impact: The project required the preparation of a Water Quality Management
Plan (WQMP) to address on and off-site drainage, run-off, and flooding. The WQMP was submitted in
December 2005 and completed in September 2006. With the approved BMP's incorporated on site a less than
significant impact is anticipated. '
8.g. No Impact: The proposed project is an industrial development for a liquid natural gas fueling station and
office/warehouse building; therefore, housing will not be placed within a 100-year flood hazard area as mapped
on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No
impact is anticipated.
8.h. Potentially Significant Unless Mitigation Incorporated: The proposed project is located adjacent to
Murrieta Creek and Wfjl place structures within a 1 OO-year flood hazard area as mapped on Figure PS-2 in the
Public Safety Element of the General Plan. The Army Corps of Engineers (ACOE) is in the process of
improving the creek which will allow the creek to carry greater flow. As a result of the creek improvements, the
flood zone boundaries will change and the property will be remapped out of the flood-plain. The City of
Temecula Public Works Department has reviewed the potential flood hazards and determined that the
proposed structures would not impede or redirect flood flows with the following mitigation:
a. Prior to issuance of a building permit, the applicant shall provide verification to the Department
of Public Works that the finished pad elevation is higher than the flood-plain elevation.
b. Prior to the issuance of a building permit, the applicant shall file a Conditional Letter of Map
Revision (CLOMR) application with the Department of Public Works to officially remap the
property out of the flood-plain zone. If the property is not remapped prior to issuance of a
building permit the applicant shall obtain flood-plain insurance on the property and provide proof
of such insurance to the Department of Public Works. '
G:IPlanning\2005IPA05-Q402 Downs Energy. DPIPlanninglCEQAllnitial Study. Downs Energy.doc
14
8.L No Impact: The project site is not located within a dam inundation area. The project would not expose
people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result
?f a levee or dam failure. No impact is anticipated as a result of the project.
8.j. No Impact: The proposed project is not located near a coast line which would be subject to inundation by
seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project.
G:IPlanning\2005IPAOS-Q402 Downs Energy. DPIPlanning\CEQA\lnitial Study. Downs Energy.doc
15
9. LAND USE AND PLANNING. Would the project:
a.
b.
".
;.( Issues 'and Su
Ph sicall divide an established communit ?
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
!!;ii1~~iH1";,:~f4;~i~~; r~~\~~~W~l.~~I~
.(
.(
c.
.(
Comments:
9.a-b. No Impact: The proposed projectis consistent with the General Plan, currently zoned Light Industrial
(L1), and will not divide an established community or conflict with the applicable land use plan. The proposed
project is located in an industrial area and is an expansion of an existing fueling station adjacent to the west.
In addition to the Development Plan application for this site, the project also involves an application (PA06-
0135) for a Conditional Use Permit to establish and operate a Liquid Natural Gas tank (LNG) distribution
station and truck storage facility. The proposed conditional use is also consistent with the City of Temecula
General Plan and Development Code. Therefore, no impact is anticipated as a result of this project.
9.c. Less Than Significant Impact: The project is located in a Multiple Species Habitat Conservation Plan
Criteria Cell. The applicant filed a Habitat Acquisition and Negotiation Strategy (HANS) application. The City
of Temecula has not identified this property as a candidate for habitat acquisition. The project is consistent
with the applicable Multi Species Habitat Conservation Plan and any potential impacts are anticipated to be
less than significant.
G:\Planning\2005\PA05-0402 Downs Energy - DPIPlanninglCEQAllnitial Study - Downs Energy.doc
16
10. MINERAL RESOURCES. Would the project:
. " _~ 0 , _>; "'"...','
,. .;~
~:;~P9t_enti~I,IY ~
?l~;'Significant ~:~
::o;;-j '.lnt acf~r <i
s~l~i~~~l~ll~ti~f.lij "':
a.
'"".<, ,',- '-~,;,Y;~'. ~~,,;.,~;,:~~,~~,
..,-,'~"'.'Issues and Su ortin
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
eneral lan, s ecific Ian or other land use Ian?
./
b.
./
Comments:
10.a. and b. No Impact: The project will not result in the loss of availability of a known mineral resource nor in
the loss of an available, locally important mineral resource recovery site. The State Geologist has classified
the City ofTemecula a classification of MRZc3a, containing areas of sedimentary deposits, which have the
potential ,for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas
are determined as not containing deposits of significant economic value based upon available data in reports
prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the
, project site is not identified as an important site known to maintain such resources as shown in the FinalEIR
, for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project.
G:\Planning\2005\PA05-0402 Downs Energy - DP\planninglCEQAllnitial Study. Downs Energy.doc
17
11. NOISE. Would the project result in:
b.,
,,"{),;.';.;h .~'4i1:,:,~:;~;~~~e~,~~~;.:~~ '~.c~
',' -/,<, " -';;;<'Issues and Su rtm :lnformatlon,Sources'. .\-~~;j';'
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
a encies?
Exposure of persons to or generation of excessive
roundborne vibration or roundborne noise levels?
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
ro'ect?
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
withoutthe ro'ect?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
ro'ect area to excessive noise levels?
*;~':~j~:~~i<~~~ clp:;;t;nQ,t!W~!ClIIYt!'~~]Z ~:;~~i~nf.*{J~:,~&~ (s~';,;~ 'fGf';':~
:~,,'P.o,,~~llti~~y_:::t~ ~~i~~_I_fj(:<iD.t_Y~le~~~~ f,L7~,s_{Q~an,:? ?!>'. 'd'~2~l~
~~~~i9D!!i~,n~fu':~,,:~C:~l,~J!!9~!!9_~.;%t"ki_ t ~g.'lt~~~m~~ ~>~~21~41
w-;c,:lm actziL$t!;;z;inco oraled~:.t&;;-c<""dm act~'L.'" !hIm act'~
./
./
c.
./
d.
./
e.
./
f.
./
, Comments:
11.a. and c. Potentially Significant Unless Mitigation Incorporated: The maximum noise level allowed is
determined by land use. The following describes adopted City policies related to noise control standards,
exterior noise impact, and interior noise impacts, The City of Temecula General Plan Noise Element specifies
a maximum allowed noise level of 80 dBA CNEL may be generated from light industrial land uses. This
standard represents the maximum level of noise exposure on any community from a light industrial land use. .
The project site will contain one LNG tank, one dispenser pump skid, one offload pump skid, and one LCNG
pump which may result in the exposure to or generation of noise levels in excess of standards established in
the City of Temecula General Plan unless mitigated.
Development of the land will result in increases to noise levels during construction phases as well as increases
to noise in the area over the long-term. An increase in the existing noise levels due to construction equipment
and activities would be on a temporary basis and considered a less than significant impact.
In relation to long-term noise impacts, the City's General Plan Noise Element specifies a maximum allowed
noise level of 75 dBA exterior and 55 dBA interior for this land use type. Acoustical characteristics of an LNG
station were provided to identify the level of noise generated by typical operation (analysis prepared by Chart
Industries dated May 19, 2006). The fuel for the station will be delivered by a tanker truck. Typically, the
offload pump willrun one hour per week at an 85db level. The LNG pump will run for 5 to 25 minutes at an
85db level periodically when the CNG tubes are emptied. The dispenser pump for the LNG tank will run at
20db every time an LNG vehicle is fillingwith fuel. To mitigate this impact, a depressed containment area shall
be required for all LNG tank equipment that consists of a 42-inch high wall to deflect noise impacts. This
mitigation shall reduce the impact to 62.4 dbA at 50 feet from the source. The long-term operational noise
G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\CEQA\lnitiaJ Study - Downs Energy.doc
18
levels will be required to be within noise level standards established by the Noise Element of the City of
Temecula General Plan. The following shall be required as part of the mitigation monitoring program.
a. Prior to building permits the project proponent shall submit an acoustical analysis prepared by a
certified acoustical engineer to ensure that noise levels will not exceed an Ldn of 75 dBA
exterior or an Ldn of 55 dBA interior at the receptor. The analysis shall include requirements
such as special design measures to protect surrounding noise sensitive uses from ultimate
projected operational noise levels.
11.b. Less Than Significant Impact: Construction activities are anticipated within the proposed project that
could expose persons to or generate excessive groundborne vibration or groundborne noise levels. However,
noise from construction of the project is temporary and required to comply with Cityordinances"regulating the
hours of activity to Monday through Friday from 6:30a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30
p.m. in industrial areas. Less than significant impacts are anticipated as a result.
11.d. Less Than Significant Impact: The project may result in temporary or periodic increases in ambient
noise levels during construction. However, noise from construction of the project will comply with City
ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday
from 7:00 a.m. to 6:30 p.m. in industrial areas. In addition, the project site is within an industrial area where the
closest residential units are over one-quarter mile away and will not be impacted from temporary increases in
ambient noise levels. Less than significant impacts are'anticipated.
11,. e-f. No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, people
working in the project area will not be exposed to excessive noise levels generated by an airport and no
impacts will result from this project.
G:\Plannlng\2005\PA05.0402 Downs Energy. DP\PlanninglCEQAllnitial Study' Downs Energy.doc
19
12. POPULATION AND HOUSING. Would the project:
.,.', '.',<",'
"f:''' (, ~~i,~~i\::<,,&i '~~:;o? (*'~_~_9~eD~!~Uy :' _ ~'i li'.;''?J'''::i-,-~.~t:l',0:' i);2f~~~1j~f(;J7!
,; ~>'1PO!~I}I.t~lIy(f( C>Sjg~j~icaflt.ynlessJ. ~ Je~~:T~~nr~ i':~~,;i@f;,(;~
. &::~~jgnlficant%~. f "Mitigation,l,: "'-I ;,;SignificanL l ~.::"J:iNot;JJi
f:;ftffi;lii(';aCi&{jt:i 'B:; ,fnoo'orated~ 31, :~~~hTr"aCt~~ ~~~Inf"~ctb~
"<,'
~ ,,.
'<~.,,: t' >.:' 's~;uei/~Od-sd':1;itiri:-;
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure?
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
Displace substantial numbers of people, necessitating the
construction of re lacement housin elsewhere?
./
a.
b.
./
c.
./
Comments:
12.a-c. No Impact: The proposed project is a fueling station for liquid natural gas (LNG), including a liquid
natural gas (LNG) tank, underground water storage tank, and a 14,776 square foot office/warehouse building
within an industrial zoned area. The project does not propose new homes or businesses that will induce
substantial growth in the area either directly or indirectly. The project will not displace substantial numbers of
people or existing housing, necessitating the construction of replacement housing. No impacts are anticipated
as a result of this project. ' , ,
'G:\Planning\2005\PA05.0402 Downs Energy. DP\PlanninglCEQAllnitial Study - Downs Energy.doc
20
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
iU:;:,);~o,tEln~i?lly'.,~:<r):
;}~ig.nifi~~'ilt'Unle~~'"
~~ik~t~~~t~~~~i~~~
a. Fire rotection?
b. Police rotection?
c. Schools?
d. Parks?
e. Other ublic facilities?
Comments:
13.a-e. Less Than Significant Impact: The proposed project for a fueling station for liquid natural gas
(LNG), including a liquid natural gas (LNG) tank, underground water storage tank and a 14;776 square foot
office/warehouse building will have a very minor (less than significant) impact on upon public facilities. The
project will not result in a need for new or altered fire, police, or recreation facilities. The project will not have
an impact upon, and will not result in a need for new or altered school facilities. However, sewer and water
service will need to be extended to serve the development. The Rancho California Water District (RCWD) has
been made aware of this project and indicated sewer and water service is available and may be extended to
the site upon agreement between the property owner and RCWD. No significant impacts are anticipated as a
result of this project.
G:IPlanning\2005\PA05-Q402 Downs Energy - DPIPlanninglCEQAllnitial Study. Downs Energy.doc
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14. RECREATION. Would the project:
Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
Include recreational facilities or require the construction
or expansion of recreational facilities which might have an
adverse h sical effect on the environment?
./
a.
b.
./
Comments:
14.a. No Impact: The project is located within an industrial zone planned for this type of development. The
project will not increase the use of recreational facilities or cause the deterioration a recreational land. No
impacts are anticipated as a result of this project.
14.b. No Impact: The proposed project does not include an open space or recreational facility. The project
will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as
a result of the proposed project.
G:IPlamiing\2005IPA05.0402 Downs Energy - DP\PlanninglCEQAllnilial Study. Downs Energy,doc
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15. TRANSPORTATIONfTRAFFIC. Would the project:
':G"W0ifPotel)ti,cill.y,l:>,:--:,?]
+>~igni'ficani96Ies~~;_
f?f_:fl~c;1M[tfg~tjoD-~,_ ~~_
i0~Z~lnC(tniHated; ':'iP
a.
Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in'
either the number of vehicle trips, the volume to capacity
ration on roads, or con estion at intersections?
Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
mana ement a enc for desi nated roads or hi hwa s?
Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safet risks?
Substantially increase hazards due to a design feature
(e.g" sharp curves or dangerous intersections) or
incom atible uses e. ., farm e ui ment?
Result in inadeuate emer enc access?
Result in inade uate arkin ca acit ?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bic cle racks ?
,f
b.
,f
c.
,f
d.
,f
e.
f.
g.
,f
,f
,f
Comments:
15.a. Less Than Significant Impact: The proposed project is located on Diaz Road, which is identified as a
major arterial (four-lane divided) on the City's Circulation Plan. There will be an increase in vehicle trips on
adjacent streets once the proposed project is developed. The City's Traffic Engineer has indicated that the
project would have a less than significant impact to the existing road system because the existing roadways
have been developed consistent with the City's General Plan and in anticipation of the areas proposed
industrial development. Because the land use intensity is consistent with the General Plan, no further traffic
studies were required for this project. Less than significant impacts are anticipated as a result of this project.
15.b. No Impact: The proposed project is not anticipated individually or cumulatively to exceed the level of
service standard established by the county congestion management agency., No impacts are anticipated as a
result of this project.
15.c. No Impact: The proposed project will not result in a change in air traffic patterns, including an increase
in traffic levels or a change in location that would result in substantial safety risks. This site is not within the
French Valley Airport influence area. No impacts are anticipated as a result of the project. '
15.d-f. No Impact: The proposed project will not result in hazards to safety from design features related to
sharp curves or dangerous intersections. The project is compatible with the surrounding uses and a fuel
station serviced by tanker trucks already exists adjacent to the subject site. The project is designed to current
City standards and provides for adequate ingress and egress from the site. The Fire and Police Departments
have reviewed the proposed project and have determined that adequate emergency access has been
provided. The proposed project meets industrial and office use parking requirements per Chapter 17.24 of the
Temecula Development Code. A mutual ingress and egress and reciprocal parking agreement has been
established between the existing fueling station and the proposed project. No impacts are anticipated as a
result of this project.
G:IPlanning\2005IPA05-0402 Downs Energy - DP\PlanninglCEQAllnitial Study - Downs Energy.doc
23
15.g. No Impact The surrounding industrial area has established alternative transportation routes (Le. bus
and bicycle routes). Additionally, development of the LNG station will help to support the use of alternative fuel
heavy-duty vehicles. Therefore, the project does not conflict with adopted policies, plans, or programs
supporting, alternative transportation. No impacts will result from this project.
G:\planning\2005IPA05.0402 Downs Energy. DPIPlannlnglCEQAllnitial Study - Downs Energy.doc
24
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
a.
r(:;~ti;~.F~t~miaIIY;iW~\~
~;~i~~ifjq<f~~>Ypt,;_~s ,~
t~~if~~~g6~~I~~'13~~
b.
Exceed wastewater treatment requirements of the
a Iicable Re ional Water Qualit Control Board?
Require or result ,in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities,1he construction of which could cause significant
environmental effects?
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or ex anded entitlements needed?
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
Be served by a landfill with sufficient permitted capacity to
accommodate the ro'ect's solid waste dis osal needs?
Comply with federal, state, and local statutes and
re ulations related to solid waste?
./
./
c. .
./
d.
./
e.
./
f.
./
g.
./
Comments:
16.a., b., and e. Less Than Significant Impact: The project will not exceed wastewater treatment
requirements, require the construction of new treatment facilities,nor affect the capacity of treatment providers.
The project will have an incremental effect upon existing systems. Since the project is consistent with the
City's General Plan, less than significant impacts are anticipated as a result of this project. '
16.c. Less Than Significant Impact: The proposed project would increase runoff as a result of increasing
, the impervious surface on the project site. The City imposes standard mitigation to detain surface runoff on the
property to ensure runoff from the site is not significantly increased. The project will not result in the need for
construction of new storm water drainage facilities other than those on-site facilities analyzed as part of the
project. Less than significant impacts are anticipated as a result of this project.
16.d. Less, Than Significant Impact: The project will not significantly impact existing water supplies nor
require expanded water entitlements. Adequate water supplies have been identified by the Rancho California
Water District to meet the current and immediate future demands in its service area, including the proposed
project. Therefore, a less than significant impact is expected.
16.f. andg . Less Than Significant Impact: The project will not result ina need for new landfill capacity.
According to the General Plan and the County Solid Waste/Management Plan adequate landfill disposal
capacity exists within the regional landfills to meet current and future demands. Any potential impacts from
solid waste created by this development can be mitigated through participation in Source Reduction and
Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a
result of this project.
G:\Planning\2005IPA05.0402 Downs Energy - DP\PlanninglCEQAlinitiai Study - Downs Energy.doc
, 25
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
:~Jih<1~ P()t,e,ntalIY'~~-~h,:~:
:J~~:~t~;~!!~K~i~~
\Jc"Jnco oratedr,ih)'
a.
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California histo or rehisto ?
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
ro'ects, and the effects of robable future ro.ects?
Does the project have e'nvironmental effects which will
cause substantial adverse effects on human beings,
either directl or indirectl ?
/
b.
/
c.
'/
Comments:
17.a. Less, Than Significant Impact This project is a fueling station for liquid natural gas (LNG) including an
LNG tank, underground water storage tank, and a 14,776 square foot office/warehouse building. Industrial
development of this type is allowed in the Light Industrial land use designation and conditionally permitted in
the Light Industrial zone. The site is surrounded by industrial development. It has been previously graded and
disturbed, and there is no known habitat value. Therefore, the development does not have the potential to
degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish
or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory. Less than significant impacts are anticipated
as a result of this project.
17.b. Less Than Significant Impact The project will not have a cumulative effecton the environment since
the project site is located in a light industrial area and surrounded on three sides by existing or planned
industrial development. All cumulative effects for the various land uses of the subject site as well as the
surrounding developments were analyzed in the General Plan Environmental Impact Report. With the
mitigation measures in place, the project will be consistent with the General Plan and Development Code. The
cumulative impacts related to the development of this site will not have a significant impact.
17.c. Less Than Significant Impact This project will be constructed consistent with Uniform Building Code
Standards: The project will be designed consistent with the General Plan and Development Code and with the
identified mitigation required to be implemented, the proposed project is not anticipated to cause any
environmental effects that would cause substantial adverse effects on human beings, directly or indirectly.
Potential impacts include temporary construction effects and the long-term effects that result from the
operation of an LNG station. Most of the potential adverse impacts are either not significant or can be
controlled to a less than significant impact with identified mitigation measures. Several potential impacts
(cultural resources, geology and soils, hazards and hazardous materials, hydrology. and water quality, and
noise) require mitigation to ensure that impacts are controlled to a less than significant level.
G:IPlanning\2005\pA05.0402 Downs Energy. DP\PianninglCEQAllnitial Study - Downs Energy.doc
26
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR,
or other CEOA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a. Earlier anal ses used. Identif earlier anal ses and state where the are available for review.
b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed b miti ation measures based on the earlier anal sis.
c. Mitigation measures. For effects that are"Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which the address site-s ecific conditions for the ro'ect.
18.a. The City's General Plan and Final Environmental Impact Report were used as a' referenced source in
preparing the Initial Study. These documents are available for review at the City of Temecula Planning
Department located at 43200 Business Park Drive.
18.b. There were earlier impacts, which affected this project, however it was difficult to assess whether they
were adequately addressed as mitigation measures.
18.c. The mitigation measures are addressed in the Mitigation Monitoring Program, which is attached.
SOURCES
1. Acoustical Analysis prepared by Tim Smith of Chart Industries on May 19,2006.
2. Air Quality Impact Analysis Report prepared by PAN Environmental Inc. in May 2006.
3. City of Temecula General Plan (November 9, 1993)
4. City ofTemecula General Plan (April 12, 2005)
5. City of Temecula General Plan Final Environmental Impact Report (April 12, 2005)
6. "Geotechnical/Geological Engineering Study prepared by Environmental & Geotechnical Engineering
Network Corporation, June 2004.
7. Habitat Assessment prepared by Gilberto Ruiz in August 2006.
G:IPlanning\2005IPA05-G402 Downs Energy - DPIPlanninglCEQAllnitial Study. Downs Energy,doc
27
ATTACHMENT 1
MITIGATION MONITORING PROGRAM
G:IPlanning\2005IPA05-Q402 Downs Energy - DP\PlanninglCEQAllnitial Study - Downs Energy,doc
28
Mitigation Monitoring Program
Planning Application Nos. PA05-0402 (Development Plan) and
PA06-0135 (Conditional Use Permit)
CUL rURAL RESOURCES
General Impact:
, Cause a substantial adverse change in the significance of a historical
or archaeological resource pursuant to Section 15064.5,
(1) 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.
Mitigation Measures:
Specific Process:
Place the above condition of approval on this project to require
cultural resource monitoring during all earthmoving activities.
Mitigation Milestone:
On-going during all earthmoving phases of the project
Planning Department and Public Works Department
Responsible Monitoring Party:
Generallnipact:
Cause a substantial adverse change in the significance of a historical
or archaeological resource pursuant to Section 15064.5.
(2) 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.
Mitigation Measures:
Specific Process:
The Planning Department and Building Department shall be notified in
the event any resources are discovered. A representative from
Pechanga Band of Luiseno Indians shall be notified to determine the
significance of the discovery.
Mitigation Milestone:
Responsible Monitoring Party:
On-going during all earthmoving phases of the project
Planning Department and Public Works Department
General Impact:
Cause a substantive adverse change in the significance of
paleontological resources.
(3) In the event any paleontological resources are discovered during
grading operations, all construction activity shall cease. The Planning
Department and Building Department shall be notified in the event any
resources are discovered. . "
Mitigation Measures:
G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\CEQA\Mitigation Monitoring Program.doc
1
Specific Process:
The Planning Department and Building Department shall be notified in
the event any resources are discovered.
Mitigation Milestone:
On-going during all earthmoving phases of the project
Responsible Monitoring Party:
Planning Department and Public Works Department
GEOLOGY AND SOILS
General Impact:
Expose people or structures to potential substantial adverse effects,
,including the risk of loss, injury, or death involving strong seismic
ground shaking.
Mitigation Measure:
(4) The recommendations contained in geotechnicalreport(s) shall be
implemented and consistency with Uniform Building Code evaluated
during the building plan check process. Consistency with Building
Code shall minimize impacts to structures evolving from ground
shaking.
Specific Process:
Building and Safety staff will verify compliance with the above
mitigation measure as part of the grading and building plan check
review processes.
Mitigation Milestone:
Prior to issuance of a grading permit and building permits
Responsible Monitoring Party:
Building and Safety Department and Public Works Department
General Impact:
Expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving seismic-related
ground failure, including liquefaction.
,Mitigation'Measure:
(5) The recommendations contained in geotechnical report(s) shall be
implemented, including employing a tie-down system such as a
deadman, or concrete blocks with connecting straps to hold the
30,000-gallon emergency underground water storage tanks in place.
A tie-down system shall minimize impacts to underground structures
evolving from ground failure.
Specific Process:
Building and Safety staff will verify compliance with the above
mitigation measure as part of the building plan check review process.
The structural design plans shall be provided to the Planning
Department and Building and Safety Department for review and
approval.
Mitigation Milestone:
Prior to issuance of a building permit
Responsible Monitoring Party:
Building and Safety Department
G:\Planning\2005\PAOS.0402 Downs Energy - DP\Planning\CEQA\Mitigation Monitoring Program.doc
2
HAZARDOUS AND HAZARDOUS MA TERIALS
General Impact:
Create a significant hazard to the public or the environment through
the routine transportation, use, or disposal of hazardous materials; or
through a reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the environment.
Mitigation Measure:
(6) A Business Emergency Plan shall be submitted annually to the
County of Riverside Hazardous Materials Management Division for
operations permit renewal. The Business Emergency Plan shall
minimize the impacts of accidental release of a hazardous material by
specifying site specific emergency response, clean-up, and public
safety. A copy of the Business Emergency Plan shall be provided to
the Planning Department.
, Specific Process:
Planning staff will verify compliance with the above mitigation
measure as part of the building plan check review process.
Mitigation Milestone:
Prior to issuance of a building permit.
Responsible Monitoring Party:
Planning Department
HYDROLOGY AND WATER QUALITY
General Impact:
. Place within a 1 OO-year flood hazard area structures which would
impede or redirect flood flows.
Mitigation Measure:
(7) Verification that the finished pad elevation is higher than the flood-
plain elevation shall be provided to the Public Works Department to
avoid placing structures at flood-plain elevation.
(8) A Conditional Letter of Map Revision (CLOMR) application shall be
filed with the Department of Public Works to officially remap the
, property out of the flood-plain zone. If the property is not remapped
prior to issuance of a building permit the applicant shall obtain flood-
plain insurance on the property and provide proof of such insurance to
the Department of Public Works.
Specific Process:
Public Works and Planning staff will verify compliance with the above
mitigation measure as part of the grading and building plan check
review process.
Prior to issuance of a grading permit and building permits
,Mitigation Milestone:
Responsible Monitoring Party:
Public Works Department and Planning Department
G:\Planning\2005\PAOS-0402 Downs Energy. DP\Planning\CEQA\Mitigation Monitoring Program. doc
3
NOISE
General Impact:
Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan.
Mitigation'Measure:
An acoustical analysis prepared by a certified acoustical engineer
shall be prepared to ensure that noise levels will not exceed an Ldn of
75 dBA exterior or an Ldn of 55 dBA interior at the receptor. Special
design measures (e.g., shielding and muffling. devices), shall be
included in the analysis to minimize impacts to surrounding noise
sensitive uses from ultimate projected operational noise levels.
Planning staff will verify compliance with the above mitigation
measure as part of the building plan check review process.
Specific Process:
Mitigation Milestone:
Prior to issuance of a building permit
Responsible Monitoring Party:
Planning Department
General Impact:
Create a substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project.
Mitigation Measure:
An acoustical analysis prepared by a certified acoustical engineer
shall be prepared to ensure that noise levels will not exceed an Ldn of
75 dBA exterior or an Ldn of 55 dBA interior at the receptor. Special
design measures (e.g., shielding and muffling devices) shall be
included in the analysis to minimize noise impacts to surrounding
noise sensitive uses from ultimate projected operational noise levels.
Specific Process:
Planning staff will verify compliance with the above mitigation
measure as part of the building plan check review process.
Mitigation Milestone:
Prior to issuance of a building permit
Responsible Monitoring Party:
Planning Department
G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\CEQA\Mitigation Monitoring Program.doc
4
ATTACHMENT 2
VICINTY MAP
l,
G:IPlanning\2005\pA05.0402 Downs Energy - DPIPlanninglCEQAllnitial Study' Downs Energy,doc
29
\ ~
\
\
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360
720
Foe!
ATTACHMENT 3
SITE PLAN
G:\Planning\2005\PA05-Q402 Downs Energy. DPlPlanninglCEQAllnitial Study. Downs Energy.doc
30
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ATTACHMENT NO.5
STATEMENT OF OPERATIONS
G:\Pianning\2005\PA05'0402 Downs Energy. DPlPianning\PC Hearing Items\Staff Report PA05-0402,doc
14
\
IFSAI Front Street Arcbitects
Architecture - Planning
December 22, 2005
M&D Properties- OfficesfWarehouse & Liquid Natural Gas Station'
Section D. Statement of Operations
Hours/Davs of O~eration
The proposed Downs Energy, Inc. facility will operate during normal business hours,
8AM to 5PM Monday through Friday.
The lease space/offices may be open from 7 AM to 6PM for,normal office uses, anticipated to be
Monday through Friday, with an occasional Saturday or Sunday office business that may take
place.
The Liquid Natural Gas Fueling Station will normally operate twenty-four hours a day, seven
days aweek. '
Number'of Emplovees
Downs Energy, Inc. will employ approximately 8 to 10 employees, both full-time and part-time.
The office lease space, at approximately 6,000 net square feet, may employ 60 employees at 100
square feet per person, ,
The LNG Fuel Station is a self-serve operation and does not have any full-time employees.
A veral!e Dailv Peak Trips,
The anticipated daily trips for normal automobiles is approximately 130 to 160 per day.
The anticipated daily trips fro LNG fueled vehicles is approximately 15 to 20 trucks per day
Monday through Saturday and 2 to 10 trucks per day on Sundays.
28465 Old Town Front Street Suite 321 Temecula. CA 92590 T: 951-693.030 I F: 951.693-4080
. '. p,age 2 , I \ \ , '
Downs Energ.y; Ino, ...')ffiL~s/Warehouse & Liquid Natural G~'Stal.on
Section D. Statement of Operations
December 22, 2005
Tvpe of Equipment Used
Fork-lifts, three (empty) delivery trucks (stored in secured parking area overnight)
Hazardous Materials (High Bay Storage)
Fuels for sale and distribution from the proposed warehouse:
(same as existing in current Downs Energy facility across Rancho Way from proposed building)
No storage of Racing GaSoline on site - (customers pick-up on day of deliver to. warehouse)
Typical fuels stored are as follows:
Gasoline, 5 gallon container largest, flammable I B
Kerosene, 5 gallon container largest, combustible II
Solvent, 5 gallon container largest, combustible II
Motor Oil, 55 gallon largest, combustible III B
Industrial Oil; 55 gallon largest, combustible III B
Gear Oil, 55 gallon container largest, combustible III B
Grease, 55 gallon, 400# largest, combustible B
Anti-Freeze, 55 gallon largest, N/A
Detergent, 5 gallon largest, N/A
Supplemental Conditional Use Permit
The M&D Properties partners will also sell Used Trucks, obtaining a re-sale license from the
California Department of Motor Vehicles, once the C.U.P. is obtained.
The anticipated sales will most likely be made out of their Corona office, where trucks may be
stored for sale. The Temecula office will store two to three trucks at the most at anyone time.
, .- -
. ., ,-
. " . . .
.. '.
.: ','
,
ATTACHMENT NO.6
(
RECIPROCALUSE AGREEMENT
'-.
G:\Planning\2005\PA05-0402 Downs Energy - DP\Plannlng\PC Hearing ltems\Staff Report PA05~0402.doc
15
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
DOWNS ENERGY
1296 Magnolia Avenue
Corona, California 92879-2098
AND WHEN RECORDED MAIL TO:
I
DOC # L006-0566525
08/02/2006 08:00A Fee:19.00
Page 1 of 5
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
I 111111111111111111111111111111111111111111111111111111
DOWNS ENERGY
1296 Magnolia Avenue
Corona. California 92879-2098
r S R U PAGE SIZE DA MISC LONG RFD COpy
l- I ~ 1
M A L 465 426 PCOR NCaR SMF NCHG EXAM
l- So?
vh
'beef Ci. Huh,~
~
~VI\ff,d -12ei!Lf'Y7JuD ~
Title of Documen( I w-
em
TH~S AREA (FOR
RECORDERug
USE ONLY
.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3:00 Additional Recording Fee Applies)
ACR 238p.AS4REO (Rev. 02/2003)
Declaration of Easements
Mutual Grant of Parking Easement
This Declaration of Easements (Declaration) is made on this 15th day of July 2006 by
M&D Properties, General Partners, the owners of Property 1 #921-040-040 and Property
2 #921-040-041, identified herein as:
Property 1,28011 Diaz Road, Temecula, CA 92590
Property 2, 27985 Diaz Road, Temecula, CA 92590
Recitals
A. The Declarants are the owners of the certain parcel(s) ofland (the Properties):
Property 1 -located in the City of Temecula, County of Riverside, State of California,
described as, PARCEL 1 of Parcel Map No. 29055, as shown by parcel map on file in
book 194 pages 81 and 82 of parcel maps, records of Riverside County, California.
Property2 -lOcated in the City of Temecula, County of Riverside, State of California,
, described as, PARCEL 2 of Parcel Map No. 29055, as shown by parcel map on file in
book 194 pages 81 and 82 of parcel maps, records of Riverside County, California.
B. The Declarants desire to impose upon the property through this mutual
declaration certain easement(s) as set forth herein to the mutual benefit of each of the
above referenced parcel( s) under a General Plan of Improvement for the benefit of all
such parcels.
Now, therefore, in consideration of the foregoing and the easements hereinafter
set forth, Declarants hereby declare as follows:
1. Easements for In!!ress and E!!ress and Reciprocal Parkin!!
Anon-exclusive mutual easement for vehicle or pedestrian Ingress and Egress and
reciprocal parking is hereby granted and created for the benefit and use of the above _
referenced Parcels, over that portion ofthe Properties described as set forth in Exhibit
"A" attached hereto and incorporated by reference (The Ingress/Egress Right of Way and
Parking Easement).
EXHIBIT "A"
Mutual Grant of Parking Easement
Ingress/Egress Right ofWav and Parking Easement
Property 1 - M&D Properties, 28011 Diaz Road, Temecula, CA 92590
Use of twenty-seven (27) parking spaces to include 2 handicap accessible spaces,
on Property 1 along the western and northern boundaries.
Property 2 - M&D Properties, 27985 Diaz Road, Temecu1a, CA 92590
Use of seven (7) spaces on Property 2 along the western boundary.
Mutual parking easement is for the benefit of the adjacent office building 28011 Diaz
Road, Temecula, CA 92590, and would be utilized during normal business hours of 8
a.m. to 5 p.m. Monday through Friday, for the non-exclusive use of Property 1. .
Pedestrian and vehicle Ingress and Egress will be over Property 1 and 2, described herein
and through sidewalks and driveways bordering the southern, northern and western
boundaries of the property. '
Maintenance and Insurance/Liability
Property 1, M&D Properties, 28011 Diaz Road, Temecula, CA 92590.
Property 2, M& D Properties, 27985 Diaz Road, Temecula, CA 92590
Each property owner shall maintain their respective general liability insurance
(minimum $1,000,000).
Each property owner shall be liable for their customers/tenants use of the
adjoining property (through use of the previously described Ingress/Egress Right of Way
and Parking Easement).
j
IN WITNESS WHEREOF, the undersigned Declarant(s) has caused the execution of this _
declaration on the,.,date first written above, , If LL. f=?/e- ! ~:!t~ P/lfaIJa..
!td!!,~ ~~~ lL~. ~~~
ichael J. Downs. J' . Downs
./ ! '. \1J~~uU, ~L,,/mO/J'l.l)f ~^".
Sharon L. Messner Gary . Messner
t i
State of California
County of ~/Vt~( side' } SS,
On oj" 3)-0& before me <Jennlc" &,f/e.)/ ,
,
(DATE) (NOT AR Y)
personally appeare&p CMa J. aWlf .Jut, ern. D:u/)s, S/-af7'Jl L . /ne5yrYj
. 'tlffj [.(). tn::::S'y)cr SIGNER (S) ,
~personallY known to me .OR. 0 proved to me on the basis of satisfactory ,
evidence to be the person(s) whose name (s)
is/are subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in hislherltheir authorized
capacity(ies), and that by hislher/their ,
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
t~ ",,"'... ~ person( s) acted, executed the instrument.
WITNESS my hand and' official seal.
- ' Comm. , 1442688 Ul
U) NOTARY PUlut.CAUfORNIA _
Rlvellldt county ....
1. . J!~~ ~o.mm" Expires Sept. 30.1007 \ ~~
OPTIONAL INFORMATION
The infonnation below is not required by law. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized
document.
,CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S)
0 ATTORNEY-IN.FACT NUMBER OF "PAGES
0 1RUSTEE(S)
0 GUARDIAN/CONSER V A TOR
0 OTHER: , DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S) OR ENTITY{lES) OF SIGNER
.
ITEM #3
CITY OF TEMECULA
PLANNING COMMISSION
STAFF REPORT
TO:
Planning Commission
FROM:
Cheryl Kitzerow, Associate Planner
Matt Peters, Associate Planner
DATE:
December 6, 2006
SUBJECT:
Planning Application No. PA06-0305, Temecula Village Major Modification to
Conditions of Approval for PA06-0018
PROJECT DESCRIPTION
A Major Modification to eliminate Condition of Approval #80 for Planning Application No. P A06-0018.
This condition required that the overall building height would not increase as a result of approving a
fully enclosed roof design for the residential buildings in Temecula Village. The applicant is
requesting an increase in height of up to 4.6 feet for the residential buildings.
BACKGROUND
On October 8, 2002, the City Council approved Planning Application No. PAOO-0140 for the design,
construction and operation of a 160 unit apartment complex on approximately 15.26 acres and eight
retail/office buildings totaling 68,700 square feet on approximately 7.71 acres located on the south
side of Rancho California Road approximately 300 feet east of Moraga Road and located within the
Planned Development Overlay 5 (PDO-5) Temecula Village.
On April 19, 2006, the Planning Commission approved Planning Application No. PA06-0018, a
Major Modification to the roof design for the residential buildings to provide for a fully enclosed
(pitched) roof rather than an open well (mansard) roof. The Commission included the following
condition:
"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)."
On October 9, 2006, the applicant submitted the required Site Section, however with the approved
enclosed roof design, the residential buildings will be approximately four and a half feet higher than
the elevations shown on the PAOO-0140 site section exhibit.
G:\Planning\2006\PA06-0305 TemecuJa Village Major Mod\pc staff report denial.doc
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ANALYSIS
The proposed roof height increases are as follows:
Buildina Number Aooroved Heiaht Prooosed Heiaht Difference
Buildinq 10 39.625' 44.23' 4.605'
Buildinq 11 30.33' 34.17' 3.84'
Buildinq 12 30.33' 34.17' 3.84'
Buildinq 13 31.21' 34.42' 3.21'
Buildinq 14 41.25' 44.50' 3.25'
Buildinq 15 40.875' 44.25' 3.375'
Buildinq 16 41.25' 44.50' 3.25'
Buildinq 17 30.71' 34.17' 3.46'
The project site is surrounded by existing multi-family residential units to the west (Temecula Ridge
Apartments), multi-family residential units to the north (across Rancho California Road), and single-
family residences to the south and east. The approved grading for the site's multi-family residential
units illustrates the buildings to be constructed approximately 36 to 40 feet above the adjacent
commercial/office units on site, approximately four to eight feet above the adjacent Temecula Ridge
Apartments to the west, approximately 38 to 50 feet below the existing residences to the south, and
dpproximately 20 feet below the existing residences to the east. , ,
CEOA DETERMINATION
The proposed project has been determined to be consistent with the previously adopted Negative
Declaration and is exempt from further Environmental Review (CEQA Section 15162 subsequent
EIR's and Negative Declarations). '
RECOMMENDATION
Staff concurs with the Planning Commission's previous position and does not recommend
eliminating the Condition of Approval.
ATTACHMENTS
1. Plan Reduction (Site Sections/Grading Plan) - _ - Blue Page 3
2. PC Resolution 06-_ - Blue Page 4
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2
)
ATTACHMENT NO.1
PLAN REDUCTIONS
.
G:\Planning\2006\PA06-0305 Temecula VilJage Major Mod\pc staff report denial.doc
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ATTACHMENT NO.2
PC RESOLUTION NO. 06-
G:\PJanning\2006\PAOS.0305 Temecula Village Major MOd\pc staff report denial.doc
, ' 4
PC ~ESOLUTION NO. 06-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING PLANNING APPLICATION NO.
PA06-0305, A MAJOR MODIFICATION TO CHANGE THE
CONDITIONS OF APPROVAL FOR PLANNING APPLICATION
NO. PA06-0018 TO ELIMINATE CONDITION OF APPROVAL
#80 WHICH REQUIRES THAT THE OVERALL BUILDING
HEIGHT WOULD NOT INCREASE AS A RESULT OF
APPROVING A FULLY ENCLOSED ROOF DESIGN FOR THE
RESIDENTIAL BUILDINGS IN TEMECULA VILLAGE. THE
APPLICANT IS REQUESTING AN INCREASE IN HEIGHT OF
UP TO 4.6 FEET FOR THE RESIDENTIAL BUILDINGS.
Section 1. Larry Markham, representing MDMG, Inc. filed Planning Application No.
PA06-0305, in a manner in accord with the City of Temecula General Plan and Development
Code.
Section 2. Planning Application No. PA06-0305 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 Planning
,Application Nos. PA06-0305 on December 6, 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 denied Planning Application No. PA06-0305 after finding that
the project proposed in Planning Application No. PA06-0305 does not conform 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 denying Planning Application No.
06-0305 (Major Modification) makes the following findings as required by Section 17.05.010.F of
the Temecula Municipal Code.
Development Plan (Code Section 17.05-010)
A. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of state law and other ordinances of the City. '
The plan to develop an officelretail center and 160 apartment units is consistent with the
General Plan land use designation of Office Professional and Medium, Density
Residential for the site. However, the proposed height increase would result in negative
impacts to the ,surrounding community and are therefore not in conformance with the
General Plan and with all applicable requirements of state law and local ordinances.
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 previously conditioned, is designed for the
protection of the public health, safety, and general welfare. Increasing the, height of the
G:\Planning\2006\PA06.0305 Temecula Village Major ModlPC RESOLUTION denial.doc
residential buildings would not be consistent with this finding. The previous condition to
restrict an increase in height would minimize the visual impact of the project.
Section 7. Environmental Compliance. 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. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of December, 2006.
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the foregoing PC Resolution No. 06-_ was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 6th day of
December 2006, by the following vote:
.AYES:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PW'NNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2006\PA06-0305 Temecula Village Major Mod\PC RESOLUTION denial.doc