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HomeMy WebLinkAbout06_063 PC Resolution j PC RESOLUTION NO. 06-63 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 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. Findinas. 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 17.05.010.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 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. 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\Final Reso.doc I 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. 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 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. 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. Develooment 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 G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\Final Reso.doc 2 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 15th day of November, 2006. ~~.. - Ron Guerrie~, Chairman ATTEST: ~~~~ D~bbi:_ Ubnoske, Secretary '\,_.- '.. ~. ~. ....1 \ [SEAL) !.' .-' " -' " ~_/ 1 ,- .- '- ',.":-- . I STATE OF CALIFORNIA ~'--. ".. COUNTY OF RIVERSIDE 'CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06-63 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: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio PLANNING COMMISSIONERS: None NOES: 0 ABSENT: 1 ABSTAIN: 0 PLANNING COMMISSIONERS: Chiniaeff PLANNING COMMISSIONERS: None ''7>4-h~- ~Y-<-- Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\Final Reso.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2005\PAOS-0402 Downs Energy - DP\Planning\Final ResQ.doc 4 EXHIBIT A CITY OF TEMECULA FINAL 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: DIF Category: TUMF Category: Industrial Industrial 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)). G:\Planning\2005\PA05-0402 Downs Energy - DPIPlanning\Final COAs,doc , ~ GENERAL REQUIREMENTS G:IPlannlng1200SIPAOS-0402 Downs Energy - DPlPlanninglRnal COAs,doc 2 Planning Department 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files, 3, The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents, City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action, The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense, 4. The 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 extension of up to three one-year extensions 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:IPlanning1200SIPAOS.0402 Downs Energy - DPIPlanninglFinal COAs.doc 3 .J 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 Concrete Panel Base Color Sherwin Williams 7042 Shoji White 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:IPlanning1200SIPAOS.0402 Downs Energy. DPIPlannlnglFinal COAs,doc 4 M_'__'.__. ._. 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 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 priorto 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 for the office building and warehouse, 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. (Amended at Planning Commission on December 6, 2006) 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-ol-way. 27. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department atthe time of building permit issuance for the office building and warehouse to ensure the payment or exemption from School Mitigation Fees. (Amended at Planning Commission on December 6, 2006) 28. Obtain all building plans and permit approvals prior to commencement of any construction work. 29. Show all building setbacks. G:lPlanning\2005IPA05-0402 Downs Energy. DPlPlanninglFinal COAs.doc 5 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 on the construction plans for the office building and warehouse, (Amended at Planning Commission on December 6, 2006) 34, Provide van accessible parking located as close as possible to the main entry on the construction plans for the office building and warehouse. (Amended at Planning Commission on December 6, 2006). 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 G:\Planning\2005IPA05-0402 Downs Energy - DPIPlanninglFinal COAs.doc 6 located no more than 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). 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 !'1ydrants 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. G:IPlannlng\2005IPA05-0402 Downs Energy. DPIPlanninglFinal COAs.doc 7 PRIOR TO ISSUANCE OF GRADING PERMITS , G:IPlannlng1200SIPAOS.0402 Downs Energy. DPIPlannlnglFlnal COAs,doc 8 - 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 archaeologicaVcultural 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 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, G:\Planning\2005\PA05-0402 Downs Energy ~ DP\Planning\Final CQAs.doc 9 .------- 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, G:\Planning\200S\PAOS-0402 Downs Energy - DPIPlanninglFinal COAs.doc 10 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. G:\Planning\200SIPAOS-0402 Downs Energy - DPIPlanninglFinal COAs.doc l' PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2005IPA05-0402 Downs Energy - DPIPlanninglFinai COAs.doc 12 1- 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 Perimeter landscaping forthe site shall be included and installed witA tile fiFSt DlIilaiA€; "':=:::3 prior to issuance of a building permit for the LNG tank, (Amended at Planning Commission on December 6, 2006) 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 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 applicanVowner shall contact the Planning Department to schedule inspections, G:IPlanning\2005IPA05-0402 Downs Energy - DPIPlanninglRnal COAs.doc 13 - -- ~-,._,-~~--- 75. The Platanus racemosa - California Sycamore adjacent to Diaz Road shall be revised to Platanus acerifolia - London Plane Tree. 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 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. G:\Planning\2005IPA05-0402 Downs Energy - DPIPlanninglFlnal COAs,doc 14 j 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, 91, Building Construction Plans shall include details for a tie-down system in compliance with the mitigation monitoring program. 92. Building plans for the office building and warehouse shall indicate that all roof hatches shall be painted "International Orange". (Amended at Planning Commission on December 6, 2006) 93, The construction plans for the office building and warehouse 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. (Amended at Planning Commission on December 6, 2006) 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 T emecula Standard No. 207 A, 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' R1W) 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' R1W) 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' R1W) 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, G:IPlanning\2005IPA05.Q402 Downs Energy. DPIPlannlnglFinal COAs,doc 15 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 G:\PlanningI2005\PA05-Q402 DOWTlS Energy - DP\PlanninglAnal COAs.doc 16 .------- j 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 fixtures, 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 for the office building and warehouse, truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. (Amended at Planning Commission on December 6, 2006) 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, \ G:\Planning\2005\PA05-0402 Downs Energy - DPlPlanninglFinal COAs,doc 17 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. G:IPlanning\2005IPA05-0402 Downs Energy - DPIPlanninglFlnal COAs,doc 18 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\200SIPAOS.0402 Downs Energy. DPlPlanninglFinal COAs,doc 19 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 I 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. G:IPlanning\200SIPAOS.0402 Downs Energy - DPlPlanninglFinal COAs.doc 20 . ~. 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 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, 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 tire 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. DPlPlanninglFinal COAs,doc 21 -- . -~ - ,-'..- --..._-,~ '. 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-Q402 Downs Energy - DPlPlanninglFinal COAs.doc 22 - J OUTSIDE AGENCIES G:\Planning\2005\PA05-0402 Downs Energy ~ DP\Planning\Final COAs.doc 23 - . - -~~ ,.-~ ._.,.~ 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 - DPlPlanning\Final COAs,doc 24 .r "' D CO~fY OF RIVERSIDE · HEl\L:T!\jERVICES AGENCY D d.... DEPAnfH"ENT Of.. ENVI'ONMENTAL,II~!-TII ." , ~ . Jaliuary4,2006 . City ofTemecu1aPlanning D......:...ent P.O. Box 9033 . Temecula, CA 92589-9033 Attention: Veronica McCoy' . 0 [g @ [Ell [!J ~ . I . . Dear Ms. McCoy: . d' I. Department of Bnvironmental Health has ~ewed the D 16pment Plan to eonstiuCt a liquid. natural gas facility and a 14,776 sq. ft spec building and no objectiOi1s.Although,the Site plan:'indicates that water and seWer services are existing we have no .......~ information in . ."b,,-uwaterandseweravailability. . RB: Development Plan No. PAOS-0402 2. PRIOR TO THE ISSUANCE OF BUILDING PERMI1~THE FOLLOWING SHOULD BE REQUIRED: - . a) "Will-serve" letters from the ,,,..'''....:.atewater and ering districts. . . " ;:""'; '(.~._.,,~) If there are to be any food establishments, (incllldi~S vending ~hfnes), tmeecomplete ,. sets of planl for>each food establWmleut,Will be sulfrltted including a fixture schedule, a finish schedule 'and a plumbing schedule in order tp ensure compliance with the California Uniform Retail Food Facilities Law 2. FOr specific reference, (:(Intact Food Facility Plan Exilminers at (951) 600-6330. ' c) If there are to be any hazardous materials, a clearanJeietter from the Department of Em .'.,..." ..ental Health Hazardous Mliteria1s Management Branch (951-273-9161) Will be required indicating that the project has been cleared for: ---... . Und...&-~-.md storage tanks, Ordinance #617.4. . Hazardous Waste GeneratorServices, Ordinance # 615.3. . Hazardous Waste Disclos.ure (in accordance with Ordinance # 651.2). . Waste reduction management. .." . . . .. Sincerely, '. ,. ~artinez, Sup' . sing Envir~~~t~H~th ~pecialist . . " '. (909) 955-8980 . . , NOTE: -Any current additiooal rcquiremmis n~t;. ._.J can be applicable ;at tune o{BuiidingPIan review for final Department of Environmental Health clearance, cc: Doug Thompson, JL.....<:~..s Materials Local Enforcement Agency' P.O, Box 1280, Riverside, CII 92502.1280 . (9091955-8982 . FAX (909) 781.9653 . 4080 Lemon Street, 9th Roor, Riverside, CA 92501 I . '.and Use and Water Engineering' P.O. Box 1206. Riverside. CA 92502-1206 . (909) 955.8980 . FAX (9091 955.8903 . 4080 Lemon Skeet, 2nd Roor, Riverside, CA 9250! -, /\ .....~ . later Board 01 DirKton Ben a. Dnko .......... Stephea.1. Coroaa Sr.-VicePrealdot Ralph U. Dal17 ' Lisa D. Rel'JlllllD ~oIm Eo Boa...... . MlChae\ 1L !llclIDlu:t .WllllaDaE.Pl1llllDlel' .- O~ BrI.uJ.Bndy General. MaN.SV Phillip L F'orbeI Assistut General Manapr I Chief FiIiancla1 Officer E. P. "Bob" Lesaou -;01_ PeIT)'B.~ Director ofPlannblg JeffD. Armskon. eob""'" Relli E. Garcla rn.__ C. Michael Cowett Belt Bett I: Krlepr LLP General Couned /"- , '---' '-" , January 5, 2006 Veronica McCoy, ProJect Planner City of Temecula Planning Department, 43200 Business Park Drive P.O. Box 9033 TemecuIa, CA 92589-9033 SUBJECT: 'is)~@~D W~ i'i ~ JAN 0 9 ~006 ~. ~ au . '. . . r'" hg DepartnlElIlt WATER AVAILABILITY . ~ DOWN'S ENERGY; PARCELsiNO. 1 ANt> NO. i OF PARCELMAPNO.OOl8' 1_ APN 921-040-040 AND APN 921~40-041 \ CITY PROJECT NO. PAOS-0400 1M & D PROPERTIES] Dear Ms. McCoy: \ , 1 Please be !!dvised that the above-referenced ~roperty is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would ,be, available upon construction of any required on-site and/or off "site water, facilities and the completion of fmancial arrangements between RCWD and the property owner. If fire protection is required, the customer. will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing ail Agency Agreement that assigns water management rights, if any, to RCWD. If youshould.h,ave any- que!i~iOns; please. contaCt ;an E.ngineerihg Services Representative at this office at (951) 296-6900;' . , Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7Y7 ~ /Jh 7J1~~---- , ~i~~eye~~er.w' Development Engineering Manager 06\MM:lmOO3\FEO c; Laurie Williams, Engineering Services Supervisor Rancho CaUrornlaWater District 42135 Wincbuter Road . Post Office BOo, 9017 . Temecula, .California 92589.9017 . (as!) 296-6900 . FAX (951) 296.6860 ,;