Loading...
HomeMy WebLinkAbout080702 PC Agenda .. IS) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE August 7,2002 - 6:00 P.M. ******** Next in Order: Resolution: No. 2002-026 CALL TO ORDER Flag Salute: RollCall: Commissioner Mathewson Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff 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 pink "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 of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of August 7, 2002 R:\PLANCOMM\Agendas\2002\OB-07 -02.doc 2 Director's Hearinq Case Update -RECEIVE AND FILE 5-0 RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update For July 2002 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. Continued from July 31, 2002 3 Planninq Application No. PAOO-0507-Hampton Inn. for the desiqn and construction of a 70-room four stOry hotel buildinq on a 1.35-acre vacant parcel located to the adiacent west of the Winchester freewav off ramp next to the Comfort Inn Hotel at the rear of the Rancho Temecula Plaza. - Michael McCov. Proiect Planner II RECOMMENDATION: 3.1 New Items 4 Planninq Application No. PA01-01-0601 (Minor Conditional Use Permit/Development Plan)- Appeal. An Appeal of the Planninq Director's decision to denv Planninq Application PA01- 0601 a proposal for a Cinqular Unmanned Wireless Telecommunication Facility consistinq of replacinq two existinq wood poles with two identical metal poles (painted a wood qrain finish to match existinq poles) and a 10' x 20' BTS equipment enclosure. The proposed metal poles will internallv house 6 antennas, located on the northeast corner of Rancho California Road and Marqarita Road in Temeku Hills Golf Course. - Rolfe Preisendanz. Assistant Planner RECOMMENDATION: 4.1 Adopt a Notice of Exemption for Planning Application No. 01-0601 4.2 Adopt a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING DIRECTOR'S DECISION TO DENY PLANNING APPLICATION NO. 02-0120 - A MINOR CONDITIONAL USE PERMIT I DEVELOPMENT PLAN FOR THE CONSTRUCTION, OPERATION AND ESTABLISHMENT OF AN UNMANNED CELLULAR ANTENNA FACILITY LOCATED ON THE R:\PLANCOMM\Agendas\2002\OB-07 -D2.doc 2 NORTHEAST CORNER OF MARGARITA ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. APN 953-340-015. 5 Planninq Application No. Pa 02-0252 (Development Plan) - to desiqn, construct. and operate a 61.200 square foot expansion to the existinq 132.883 square feet Milqard Windows buildinq located at the southwest corner of Diaz Road and Dendv Parkwav - Rick Rush. Associate Planner RECOMMENDATION: 5.1 Adopt the Negative Declaration for Planning Application No. 02-0252 (Development Plan); 5.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0252, A DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A 61,200 SQUARE FOOT EXPANSION TO THE EXISTING 132,883 SQUARE FOOT MILGARD WINDOWS BUILDING ON 15.83 ACRES, GENERALLY LOCATED AT THE CORNER OF DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSORS PARCEL NO. 909-370-031 6 Planninq Application No. PA01-0383 (Conditional Use Permit/Development Plan). To desiqn, construct and operate a thirtv-five foot hiqh-unmanned wireless telecommunication facilitv desiqned as a flaqpole and the installation of a one hundred forty four square foot equipment shelter located on the south side of Hiqhwav 79 South and west of Redhawk Parkwav at the existinq McDonalds site at 31853 Hiqhwav 79 South - Rick Rush, Associate Planner RECOMMENDATION: 6.1 Adopt a Notice of Exemption for Planning Application No. 01-0383 pursuant to Section 15332 of the California Environmental Quality Act Guidelines; 6.2 Adopt a Resolution Entitled: PC RESOLUTION NO. 2002-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0383, A CONDITIONAL USE PERMITI DEVELOPMENT PLAN TO DESIGN AND CONSTRUCT A THIRTY-FIVE FOOT HIGH UNMANNED WIRELESS COMMUNICATION FACILITY DESIGNED AS A FLAGPOLE, AND THE INSTALLATION OF A ONE HUNDRED FORTY FOUR SQUARE FOOT EQUIPMENT SHELTER LOCATED AT THE MCDONALDS SITE AT 31853 R:\PLANCOMM\Agendas\2002\OB-07 -02.doc 3 HIGHWAY SEVENTY-NINE SOUTH AND KNOWN AS ASSESSORS PARCEL NO. 961-080-007 7 Planninq Application No. PA01-0572 (Conditional Use Permit/Development Plan). To desiqn. construct and operate a twenty-six foot hiqh, fourteen- foot wide unmanned wireless telecommunication facilitv housinq six antennas and associated equipment. located at 27215 Nicolas Road (Chaparral Hiqh School Campus - Matthew Harris, Associate Planner RECOMMENDATION: 7.1 Adopt a Notice of Exemption for Planning Application No. 01-0572 pursuant to Section 15332 of the California Environmental Quality Act Guidelines; 7.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0572, A CONDITIONAL USE PERMIT! DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A TWENTY- SIX FOOT HIGH, FOURTEEN FOOT WIDE UNMANNED WIRELESS COMMUNICATION FACILITY HOUSING SIX ANTENNAS AND ASSOCIATED EQUIPMENT LOCATED ON THE CHAPARRAL HIGH SCHOOL CAMPUS AT 27215 NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NO. 911-760-007 COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next meeting: August 21, 2002 - Council Chambers 43200 Business Park Drive, Temecula, CA 92590 R:\PLANCOMM\Agendas\2002\OB-07-02.doc . 4 ITEM #2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: August21,2002 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for July 2002 Date Case No. Proposal July 25, 2002 Applicant PA01-0553 Request to subdivide approximately 81.3- Lowry & acres of undeveloped land into 14 Associates retail/commerciallots totaling 13.35-acres and three remainder parcels. Attachments: 1. Action Agendas - Blue Page 2 R:\DIRHEAR\MEMO\2002\July 2002.memo.doc Action R:\DIRHEAR\MEM0\2002\July 2002.memo.doc ATTACHMENT NO.1 ACTION AGENDAS 2 ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MEETING July 25, 2002 1 :30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Planning Manager on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. When you are called to speak, please come forward and state vour name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. Item No.1: Proposal: Planning Application PA01-0553 (Tentative Parcel Map No. 30180) Lowry & Associates Southeast & southwest corners of State Highway 79 South and Pala Road (APN's 961-010-001, 002, 003, 004 & 005). A requestto subdivide approximately 81.3 acres of undeveloped land into 14 retail/commercial lots totaling 13.35 acres and three remainder parcels. (Continued from the June 27, 2002, meeting) Mitigated Negative Declaration and Mitigation Monitoring Program per the California Environmental Quality Act. Matthew Harris CONTINUED TO AUGUST 15, 2002 Case No: Applicant: Location: Environmental Action: Case Planner: ACTION: R:\DIRHEAR\Agendas\2002\07-25-o2 ACfIoN AGENDA.doc ITEM #3 RECOMMENDATION: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 5, 2002 Planning Application No. 00-0507 (Development Plan) Hampton Inn Suites Prepared By: Michael McCoy, Project Planner The Community Development Department - Planning Division Staff recommends the Planning Commission continue Planning Application No. 00-0507 for redesign. APPLICATION INFORMATION APPLICANT: Dinesh Patel, 916 Erie Street Oakland, CA 94610. PROPOSAL: Design and construction of a 42,000 square foot 70-room, 4- story hotel building on a 1.35-acre vacant parcel. LOCATION: Approximately 200-feet east of Jefferson Avenue and approximately 200-feet north of Winchester Road to the . adjacent south of the Comfort Inn motel (APN 910-282-007). GENERAL PLAN DESIGNATION: HTC (Highway/Tourist Commercial) EXISTING ZONING: HTC (Highway/Tourist Commercial) SURROUNDING ZONING: North: South: East: West: HT (Highway/Tourist Commercial) HT (Highway/Tourist Commercial) HT (Highway/Tourist Commercial) HT (Highway/Tourist Commercial) EXISTING LAND USE: SURROUNDING LAND USES: Vacant North: South: East: West: Hotel Vacant Freeway Commercial Shopping Center PROJECT STATISTICS Total Lot Area: Total Building Area: Building Footprint: Landscape Area: Parking Required: 58,925 square feet 42,000 square feet 11,400 square feet 12,750 square feet (1.35 gross acres) .71 FAR 19% 20% net coverage 74 spaces. plus 3 motorcycle & 4 bicycle spaces R:ID PI2OO0'D0-0507 Hampton Inn SuftesIRevised PC STF REP recommending Redesign w-o COA's.doc Parking Provided: 77 spaces, including 4 handicap, plus 5 motorcycle and 4 bicycle spaces Building Height: 50-feet maximum (4-story) BACKGROUND The proposed project was originally submitted in May 2000 as a Pre-Application Review. During review of the Pre-Application, staff expressed concern about the proposed Floor Area Ratio (FAR) exceeding the target FAR of .30 and requested that the FAR be brought into compliance with the Development Code standards. On October 10, 2000, Larry Markham, the project representative, sent a letter to staff (reference attached letter Exhibit L) acknowledging that he advised the applicant that a landscape plan exceeding the minimum code requirements would be required in order to obtain staff support of the increased FAR. In this letter, Mr. Markham indicated that the proposed plan should provide an extensive number of mature specimen box size trees with high quality shrubs and groundcover to meet this FAR approval criterion. A Development Plan application was submitted on December 11 , 2000 and the plans were largely unchanged from the pre-application plan exhibits. A Development Review Committee (DRC) meeting was held on January 11, 2001. Between the DRC meeting date and the application completeness date of March 2002, the applicant being out of the country delayed the processing of the application, and several iterations of plans were reviewed, but could not be deemed complete. Plans were resubmitted in March 2001 that addressed some but not all of the application completeness and design review comments. The application was ultimately deemed complete for public hearing scheduling in March 2002. The applicant then requested that staff postpone the public hearing date until June 5th due to scheduling conflicts. The plans being submitted for Planning Commission review do not address staff's primary concerns of FAR increase, landscaping, building architecture, and pedestrian accessibility. However, the applicant has requested that the plans be forwarded to public hearing as submitted. PROJECT DESCRIPTION The proposed four-story 70-room hotel building will be centered within the triangular shaped 1.35- acre lot located in the rear.of the Rancho Temecula Plaza commercial center, adjacent and south of the existing three-story Comfort Inn motel. The parcel is to the adjacent west of the Winchester Road 1-15 off-ramp. Access to the site will be provided by three 24-foot wide driveways, two at each front corner and one in the center of the parcel. Pedestrian access is provided by a 4-foot wide striped pathway for ADA and pedestrian access, connecting from Jefferson Avenue and the adjacent commercial center into the project site will be required. The pedestrian access pathway shown on the plan is not approved by the Building and Safety Department for ADA access compliance. The parking lot provides 77 vehicle-parking stalls distributed on each side of the building. Two 10-foot x 25-foot loading spaces are located in front of the concrete masonry trash enclosure at the northeast corner of the property. Landscaping will be provided with planters adjacent to all sides of the building and around the perimeter of the project site. The building specific and foundation landscaping contains a variety of 24-inch and 36-lnch box trees and 1-gallon and 5-gallon shrubs around the building perimeter. Landscape coverage for the project site is listed at a total of 20 percent net, which excludes a 2-foot parking lot landscape overhang into the planters fronting the building. I I I R:\O P\2000\OlHl507 Hampton Inn SUttesIRevlsed PC STF REP recommending Redesign w-o COA'..doc 2 The building architecture is a contemporary raised vertical style that maximizes its footprint on the lot. The main hotel lobby entrance is facing west, directly in line with the center driveway off Jefferson Avenue. The front center section of the building will be the only visible part of the building from Jefferson Avenue. The front entrance is highlighted by a 20-foot high by 34-foot wide cornice- capped porte-cochere extending outward from the lobby entrance. A secondary entrance is provided on the east side (rear) of the building, accented with a smaller porte-cochere structure as requested by Staff. The west (front) wall plane of the building is broken up by four vertical relief elements that project from the wall surface, from 1-14 feet to 5-Ul feet. The building's east side wall plane is also broken up by three similar vertical relief elements, ranging from 3 }2 feet to 7 }2 feet deep. The two end sections of the building are framed by 2-foot deep vertical insets with a hallway window on each floor to break up the wall plane and provide natural light in the building corridors. The cornice capped vertical elements vary the parapet roofline to provide a varied building height. Metal louver air conditioning vent covers painted to match the building wall colors will be installed below the guest room windows. The guest room windows are inset within the openings of the wall relief elements. The building colors are a combination of tan, brown, and white stucco. Tan colored canvas awnings that match the tan eifs building base will accent the guest room windows. The Development Code specifies a target Floor Area Ratio (FAR) of .30 for the Highway/Tourist Commercial (HT) zoning district. This project is requesting an FAR of .71, exceeding the target FAR by 0.41. Development Code Section 17.08.050 requires that one of the following three criteria must be met to justify an increase over the target FAR. 1. The project includes use(s), which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community; or 2. The project provides exceptional architectural and landscaping design amenities, which reflect an attractive Image and character to the city; or 3. The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. ANALYSIS The key issues of concern with this application are the increased Floor Area Ratio; the proposed landscape design; the building architecture; and the pedestrian and disabled access to the hotel building from the west side parking lot and the adjacent commercial properties. Floor Area Ratio The proposed project exceeds the target FAR by .41. The target floor area ratio for the Highway Tourist (HT) Zone Is .30. The Development Code offers incentives to increase the target FAR if the applicant can meet at least one of the FAR Increase criteria in Section 17.08.050 of the Development Code. Staff cannot make the findings for approval for the proposed FAR increase. Since the Pre-Application review of the proposed project, Staff has had concems regarding the FAR Increase based on the approval criteria. From the findings of Table 1 below, it is evident that the proposed project has a higher FAR than any of the other hotel projects in the City. Moreover, the proposed FAR will result in a corresponding reduction of landscape coverage for the site. R:\O P\2000'00-0507 Hampton Inn Sultes\Revised PC STF REP recommending Redesign w-o COA's.doc 3 Table 1 FAR Number of Guest Lot Size (Acres) Rooms Embassy Suites .12 176 6.85 Temecula Valley Inn .38 90 2.61 , Best Western Country Inn .46 61 1,45 , Comfort Inn .50 60 1.08 I Extended Stay America .57 106 1.86 I Proposed Hampton Inn .71 70 1.35 Staff recommends that the landscaping be enhanced for the site, as the architectural design alone, does not warrant an FAR increase as required by the Development Code criteria for approval. In order to achieve parity with the recently approved Extended Stay America hotel, the Floor Area Ratio would have to be reduced by 8,481-square feet, with a smaller building footprint to allow for additional landscape coverage. landscaping The project proposes to landscape 11 ,822-sq. feet or 20% of the site, which meets the minimum requirement for the HT (Highway Tourist) zone. The City's landscape consultant has given approval of the conceptual plan based on minimum standards per the Development Code. However, staff has emphasized to the applicant the importance of substantially exceeding the minimum landscape coverage reqUirements and creating a visual statement with the landscape plan, in order to meet one criteria for approval of an FAR increase. Increasing the landscape coverage and enhancing the landscape plan to meet this criterion will require a reduction of the building footprint and a revised site design. Staff has concerns about the view of the east side of the property from the 1-15 off-ramp, since the proposed trees and shrubs do not provide a significant tree buffer behind the existing Eucalyptus trees within the CalTrans right-of-way slope area. Staff is hesitant to consider the Eucalyptus trees as a long-term buffer,(i.e. tree health) and believes that the proposed on-site landscaping should be able to "stand alone" and should be substantially improved by making the following revisions to the conceptual landscape plan: 1. Widen the east perimeter landscape planter to allow staggered tree locations and accommodate larger specimen trees to better screen the property from the 1-15 off-ramp. 2. Enlarging the 36-inch box Deodar Cedar trees to 48-inch box size specimen trees, 3. Enlarging the 24-inch box Fem Pine and Red Crepe Myrtle trees to 36-inch box size. 4, Enlarging the 15-gallon Chinese Pistache trees to 24-inch box size. 5. Adding additional taller growing evergreen trees within the perimeter landscape planters and against each side of the building. 6. Enlarging all 5-gallon shrubs to 15-gallon size, particularly along the east and north perimeter planters to provide a better landscape buffer along adjacent property lines. R:\D PI2OOOVJ0-0507 Hampton Inn sune.IRevised PC STF REP recommending Redeslgn,w-o COA's.doc 4 7. Clustering 48-inch and 36-inch box trees within wider sections of perimeter planters and planters within the building envelop. 8. Create a landscaped entry statement at the building's west facing frontage near the porte- cochere with a decorative raised flowering planter or water fountain with a shaded seating area. An alternative could be to provide a water fountain and paved seating/gathering area fronting the building's south elevation to further enhance the exterior aesthetics and help mitigate some of the vehicle noise pollution from the freeway off-ramp to the adjacent east. Building Architecture The Development Code Commercial Performance Standards recommend that large buildings be designed to avoid excessive bulk and mass through exterior offsets and wall relief, stepping back the building's upper stories, and varying the roof heights. Although the proposed building design provides some vertical offsetting and roof height variation, it gives the appearance of considerable bulk and vertical wall mass through its vertical design. The building windows appear flat against the wall surface and don't give a recessed effect to help break up the wall plane. In addition, the north and south elevations appear inconsistent with the articulation of the west and east elevations and appear flat and unarticulated with a blank wall view of nearly 35-feet. Staff has previously requested that the applicant make some exterior design enhancements, but the applicant has chosen to maintain the proposed design other than a few minor changes. Staff believes that the requested building design enhancements are important in justifying its support for an FAR increase and in achieving the objectives of the Commercial Performance Design Standards for architectural quality. Staff has also recommended to the applicant that the color palette be revised to accentuate the primary relief column sections on all sides with complementary accent colors to give more definition to these relief sections. Staff also expressed concern to the applicant about the horizontally scored stucco base around the building. Staff has recommended that the elevations be revised to provide a slate tile, flagstone, or stone veneer element around the building's base and up a portion of the vertical columns to visually break up the flat wall planes and create more four-sided architectural interest. One of staff's key concerns regarding the building design is the visual appearance of the exterior air conditioning vent covers about 4-ft. wide and 2-ft. high that will extend across the base of each window frame of the guest rooms. Chapter Three of the Commercial Design Guidelines for hotels and motels requires that air conditioning units should not be visible from public streets, The a/c vent covers would potentially be visible from Jefferson Avenue, Winchester Road, and from the 1-15 off- ramp, and do not appear flush or screened from view. Staff has requested that an altemative design be provided that would not be noticeable on the building exterior. Internalizing the ventilation system would be the preferable design option to completely eliminate the exterior a/c vent covers, but the applicant has stated that this option is not feasible due to the building's structural design. An altemative option could be to reduce the vent cover length and width and recess them further into the wall surface. A third option might be to provide a view obscuring decorative false wrought iron balcony in front of the vent cover surface area to mitigate its potentially negative visual impact, The applicant has indicated that the vent covers will be painted to blend in with the wall colors, but experience has shown that matching paint does not effectively mask the appearance of this type of louvered vent cover. The applicant has made some design improvements in the architecture and landscape design at staff's request since the first plan submittal. For example, the smaller porte-cochere at the rear entrance was added when staff requested that this entrance be enhanced as viewed from the 1-15 Winchester Road off-ramp. A 200-sq. ft. enclosed outdoor patio area was also added to.the east R:\D P\2OOO'()Q-Q507 Hamplon Inn SuitesIRevlsed pc STF REP recommending Redesign WoO COA's.doc 5 rear elevation at staff's request. The applicant has also revised the conceptual landscape plan to provide some additional shade trees and taller growing shade trees within the parking lot and adjacent to the building within the landscaped planters. Overall however, the building design does not fully comply with the City's Design Guidelines, nor justify the FAR increase. Pedestrian Access and Circulation Staff has expressed concem to the applicant that the west side parking row does not have an interior concrete walking path for pedestrian access to the main lobby entrance, but forces visitors and guests to walk through the parking lot until arriving at the concrete sidewalk past the parking row near the lobby entrance. The Commercial Design Guidelines Circulation policies require separate vehicular and pedestrian circulation systems to be provided if possible. Staff believes that a sidewalk should be provided on the inside of this parking row to the concrete walkway that accesses the main entrance. In addition, the Deputy Building Official has requested that the applicant redesign the pedestrian access path of travel from the Jefferson Avenue public right-of- way through the commercial center to the main entrance. They have requested that the site plan show a separate path from traffic with either a curb and rail, truncated domes, or to relocate the access path out of the 24-foot wide drive aisle that parallels the projecfs west side frontage. The Deputy Building Official has previously met with the applicant at the project site to discuss the compliance problems of the proposed design. However, the applicant has not responded with a revised access path design that meets the Building and Safety Department requirements to issue conditions of approval. The City Traffic Engineer has stated that a traffic study is not required for this size and type of project, because the use is consistent with General Plan EIR land use assumptions; has no direct frontage on Jefferson Avenue; and a less than significant peak hour traffic will be generated. He added that the project is not large enough to require any road improvements, such as road widening or intersection modification. ENVIRONMENTAL DETERMINATION Staff has reviewed the project for compliance with the Califomia Environmental Quality Act. Based upon staffs review, the proposed project is eligible for a CEQA exemption (Class 32-ln Fill Projects) pursuant to Section 15332 of the CEQA Guidelines based on the following reasons: . The site is 1.35 acres, which is less than the 5 acres required. . The proposed development is consistent with the existing development in the area. . The site has no value as a habitat for endangered. rare, or threatened species. . The site will be adequately served by public utilities and services. . The Hampton Inn Suites hotel building is consistent with the zoning and general plan designations for the site. EXISTING ZONING AND GENERAL PLAN DESIGNATION The proposed project is consistent with the Highwayrr ourist Commercial (HTC) General Plan land use designation goals and objectives and with the Highwayrrourist Commercial (HT) zoning district development standards as a permitted use. R:\D P\2OOQ\DD-0507 Hampton Inn SulteslRevlsed PC STF REP recommending Redesign w-o CoA's.doc 6 ., SUMMARY/CONCLUSIONS Staff has summarized the primary issues of concern on this proposed project, such as the FAR increase, landscape design, architecture design, and pedestrian and disabled accessibility. Most of these issues center on the primary issue of supporting the requested FAR increase to satisfy one of the criteria for approving a target FAR increase pursuantto Section 17.08.050 of the Development Code. With the plans as submitted, staff cannot make the findings for approval and recommends that the application be continued for design revisions. 1. Attachments - Blue Page 8 Colored Elevation Plan reduction Proposed Project Statement of Operations FAR Target Exceedance Letter dated 5.30-02 Project Representative letter to staff October 10, 2000 Rancho California Water District Letter dated January 3, 2001 County Department of Environmental Health Letter dated January 2, 2001 Colors and Materials Sample Board reduction 2. Exhibits - Blue Page 9 A. Vicinity Map B. Zoning Map C. General Plan land Use Map D. Site Plan E. Elevation Plans E-1 and E-2 F. Conceptual landscape Plan " RID P\2000IOO-DS07 Hampton Inn SuitesIR.vlsed PC STF REP recommending Redesign W-<I COA's.doc 7 ATTACHMENT DOCUMENTS NO.1 R:\D PI2OOO\D().()507 Hampton Inn Su~..lRevised PC STF REP recommending Redesign w-o COA's.doc 8 5591439-2222 559/439-2298 FAX '. LEE GAGE & ASSOCIATES, INC. .7636 N. INGRAM.. SUITE 107 FRESNO, CAUFORNIA '93711-6200 September 6, 2000. Re: Hampton Inri 4 StOry I 73 Room Hotel JeffersonAve. .' . APN: 910-282~007-1 OPERATIONAL STATEMENT .' The normal business hours will be 24 hOUrs per day, 7.daysper weeK. Maximum number of employees at one time' is 5; 83 parking stalls required.. . No hazardous materials will be utilized. In this project. . / \ temec:ula.op1 architecture engineering planning M -lVIQ roJrf @ rf U W ~m tJll MAY 3 0 2G02 W MAAKHM1 DEVELOPMENf MAWlGCMENf GROUP, INC. May 30, 2002 Chairperson Dennis Chiniaeff City of Temecula 43200 Business Park: Drive Temecula, CA 92590 By Subject: P A 00-0507 FAR Target Exceedance Justification Patel #1037 Dear Chair Chiniaeff, Initially let me state that all of the hoteVmotel projects approved by the City ofTemecula after the adoption of the Development Code have required a Floor Area Ratio (FAR) target exceedance, with the only exception being the Temecula Creek Inn, which is a part of a larger golf course project. The Development Code did not adequately address or anticipate two land uses with regard to FAR, hotels/motels and mini-storage facilities. Those land uses are inherently a higher FAR by their design nature and are not economically viable at the target FAR. This particular project is on an infill parcel that was created before Cityhood and before the Development Code adoption. This parcel is bounded by reciprocal ingress/egress easements, with a single point of access and with an extremely irregular geometric shape. The requested FAR is 0.71, which is within the range of 0.30 to 1.00. The City Engineer has not expressed any concern relative to traffic or utilities. The applicant is required to meet at least one of the following criteria (see attached). 1. The hotel project will generate Transient Occupancy Tax (TOT) -8%) which the City of Temecula will receive 100%. Additionally, the project will provide employment and added sales tax to the surrounding restaurants, service stations and other service businesses. 2. The applicant has revised the architecture with extensive cornice detailing, building mass offsets, window awnings and decorative grilles over the HV AC units. The landscaping provides for 35 of the 50 trees to be 24" or 36" box trees and total shrub planting of 891 plants with 525 being 5 gallon size. The applicant feels that this is exceptional quality and meets 41635 Enterprise Circle North, Suite 8 the design guidelines and the landscape code 20% requirement. Temecula, CA 92590-5614 (909) 296-3466 Fax: (909) 296-3476 www.maI1d1amdmg.com 3. The applicant had originally proposed the use of a community meeting room, but based on the most recent Extended Stay America approval, staff declined. The other examples are not available to this type ofland use, or not in a proximity to be able to provide that type of amenities. Any decreases in the FAR could only be accomplished by reductions in rooms in groups of2l4/6/8 or 4/8/12116 for one end, and/or both ends of the building. The building geometry of width is set by room dimensions and the length by the number of rooms per floor. The reduction of8 or 16 rooms (i.e., one/two building ends) would only yield 832 or 1664 SF of additional landscape area with a reduction on FAR from 0.71 to 0.60. Based on these facts, the applicant requests the Commissioners concurrence on the FAR request and to provide the applicant with specific guidance relative to the architecture. cc: D. Patel L. Gage, Lee Gage & Associates V. DiDonato, Alhambra Group . A. CommerciaVOfficellndustriallncentives . Increases in the Roor Area Ratio. As a part of the process of reviewing and approving an application for a development plan or conditional use permit, the approval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040.A and B. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase may not be approved if the city engineer determines that the increased intensity would create an unmitigatable impact upon traffic circulation or would overburden any utilities serving the area. To be eligible for an increase in the floor area ratio, the applicant must meet at least one of the following criteria. , 1, The project includes use(s) which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. Examples include: the provision of affordable housing that Is easily accessible to and within close proximity to convenient shopping and employment. accessibWty.to mass transit facilities, and creative mixtures of land uses, housing types and densities. 2. The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the city. Examples include: . extraordinary architectural design and landscaped entry features (may be within the public right-of-way), public trail systems, public plazas or gathering spaces, and recreational features in excess of what is required by this code. 3. "The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. Examples indude: the provision of community meeting centers, enhanced transportation improvements, police or fire stations, public recreation facilities, and common parking areas or structures to serve the community. B. Entertainment Establishments Providing Dancing, Music and Similar Activities. 1. Noise levels shall not exceed the standards set forth in the noise element of the general. plan or the environmental performance standards of this development code (Section 17.08.070). 2. Dancing. music, and similar entertainment uses shall be limited to between the hours of six p.m. and two a.m. 3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. C. Arcades. In cOnsideration of a request for an arcade. the following criteria wiu be considered and appliCation material requested. 1. The planning.;commission shall Consider. but not be limited to, the need for adult supervision, hours of operation. proximity to schools and other community uses, compatibility with the surrounding neighborh9Od and businesses, noise attenuation, bicycle facilities. and interior waiting areas. 2. The applicant shall submit with his application, three sets of typed gummed labels, listing the name and address of all businesses within a shopping center and all landowners within a three-hundred-foot radius of the shopping center or arcade. Indudes-Amendments as of November 1.1999 ~""nt....1." nA _ 1.'" ) .... ) MDMG, Inc. Markham Development Management Group, Inc. October 10, 2000 1[D)~@~Dw~m UU OCT 1 2 2000 @/ By Denice Thoma$ City ofTemecula Planning Department 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92593-9033 Subject: Pre-Application Comments #00-0011 Patel # 1037 Dear Denice, Thank you for your review of our revised elevations and site plan addressing the issues that you and Ms. Ubnoske raised at our meeting. I have advised the applicant that the staff support of the project, and more specifically the floor area ratio exceeding the target, will be conditional on the submittal of a landscaping plan that exceeds the Development Code requirements. This plan shall provide for extensive use of mature specimen box tree plantings and high quality shrubs and ground cover that will elicit staff support of the project in total. ment Management Group, Inc. cc: D. Patel L. Gage D. Ubnoske 41750 Wmchester Road, Suite N . Temecula, California 92590-4898 . (909) 296-3466 . Fax: (909) 296-3476 @ IanchD later Boat-d ut DiRctol'll Douc1u V. KuIboq """"'". Georco M. WoodII Sr. Vke Preaidsnt Ralph R Dally lba D. Herman c.at. F. Ko 8coU A. Mclntyrv .k8lrey 1.. Minkler om"", JobnF. HennI&ar """""- Pbillip L. Fome. DiNctor of FD:umce- ............ &P. "Bob"Le~ DIrectorof~ Keanotb C. Dealy DIrec:toro{()peratiOll8 ...u.;........._ Perry R. ......,. ""'''''''"' , ') t January 3, 2001 Michael McCoy, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PARCEL NO.7 OF PARCEL MAP NO. ~1670 APN 910-282-007 PLANNING APPLICATION NO. P AOO-OS07 Dear Mr. 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 ayailable upon completion of financial anangements between RCWD and the property owner. . Iffire protection is required, the customer will need to contact )lCWD for fees and requirements. UndaM._ ==""'""""""- Water availability would be contingent upon the property owner signing an c. MkhaeICowel. Agency Agreement that assigns water management rights, if any, to RCWD. Best. Best.. Krlecer IU "'-l CwDooI If you should have any questions, please contact an E~neering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~e~ Steve Brannon, P .E. Development Engineering. Manager 01 \SB:atO03\FOJ 2-T6\FCF RanclIo CaliCornla Wilier Dhtriet 421S5WlnehetrterRoad. . Po.tOfllceBo19017 . Temecula.Californi.92589-9017 . (909)296-6900' FAX(909)296-6S60 ~~ '..-) .~ ' . j \ C NTY OF RIVERSIDE. HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH January 2, 200 I RE: Plot Plan No. P AOO-0507 City of Temecula Planning Department . P.O. Box 9033 Temecula, CA 92589 Dear Michael McCoy: I. The Department of Environmental Health has reviewed the Plot Plan No. P AOO-0507 and has no objections. Sanitary sewer and water services may be available in this area. 2. PRIOR TO ANY PLAN CHECK SUBMITIAL for health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete 'sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan eXaminers at (909) 600-6330). nmental Health Specialist NOTE: Any cwrent additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Cc: Doug Thompson, Hazardous Materials SUn:lardJb(ay}.doc ~ LocaJ Eaforce_ "seney' P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-S9ll2 . FAX (909) 781-9653 . 4080 Lemon Strnet, 9th Roor, Rivmlde, CA 92501 l..andV-andWater~eamg.p'o.Box 1206,Riverside.CA92502-1206.I909)955-8980.FAXlQOQIQt;,~.A(\Qnl ___<:,,,-_,, "_..1......___..... _ ._. ...... ...............~ - ATTACHMENT NO.2 EXHIBITS R:\D P\2OOO\o()'()507 Hampton Inn SulteslAevised PC STF REP recommending Redesign woo COA's.doc 9 CITY OF TEMECULA PLANNING APPLICATION NO. OQ.0507 (Development Plan) EXHIBIT A PLANNING COMMISSION DATE - June 5, 2002 VICINITY MAP R:\D P\2OOO\OO-0507 Hampton Inn Suites\Revised PC STF REP recommending Redesign woo COA's.doc 10 CITY OF TEMECULA EXHIBIT B DESIGNATION - HT HIGHWAY TOURIST/COMMERCIAL ZONING MAP EXHIBIT C DESIGNATION - HTC HIGHWAY TOURIST/COMMERCIAL GENERAL PLAN_ PLANNING APPLICATION NO. 00-0507 (Development Plan) PLANNING COMMISSION DATE - June 5, 2002 R:\D P\20001OO-0507 Hampton Inn SulteslRevised PC SlF REP recommending Redesign YHJ COA's.doc 11 CITY OF TEMECULA ~ .;.~. .. -)- PF ~~G 1.~~p. ~ ... -... "".... -... .."""', / , "fIII.4t' .I;l~ .......-. .,.~_. :.~-:~", ItOl'fI ...-. -..... _w -, =-.: ... .....- _rrYP' '.- .4.., -. .......... ,...- ,~ ~~ . 0.... ",,,. ~'t ~~ % PLANNING APPLICATION NO. 00-0507 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - June 5, 2002 SITE PLAN R:ID PI2OOOIOO-0507 Hampton Inn Suitos\Revls.d PC STF REP recommending Redesign w-o COA's.doc 12 CITY OF TEMECULA f rn o c J! ~ - B I j am : I . I ~. I . I!P 'Ii I n; JJ 0 11.1 II' ; I It I 0 JJ II " . ~ U II i m r- q II I '" m < f II I (!l )> . 1 I ~ -i 0 8 ~ illll ill ~ z ~ Ii' en PLANNING APPLICATION NO. 00-0507 (Development Plan) EXHIBIT E-l PLANNING COMMISSION DATE - June 5, 2002 .-:*i ELEVATIONS R:\D P\2000'00-0507 Hampton Inn SulteslRevised PC STF REP recommending Redesign woo COA's.doc 13 CITY OF TEMECULA ~ ~ l ! I a It ~ ~ I .. .. '" .. .. . ~ 9<> H !l . ~ . i . i ~ ~ z I g .... - :I: - 1 ,1 ~ I I I am II'I a;s Illi ~ II! I I ! II ; IP ii II ;D :D 0 !: u II 2 :D . ~ II I ' ~ m I ,Ii I ~ . m }} J II < Ii ill! Ii II > ~ -l II i I 0 . Z ~ (fJ ~ 'PLANNING APPLICATION NO. 00-0507 (Development Plan) EXHIBIT E-2 PLANNING COMMISSION DATE - June 5, 2002 ELEVATIONS . R:\D 1'\2000\00-0507 Hampton Inn SuitesIRevi.ed PC STF REP recommending Redesign w-o COA's.doc '4 m j @ @ o 00 I 00 .. 00 H'IHl "I mql i-' ~m I ~ I" I I I III II IIIII I Iii I, 1'111 I I I I I ! III1 II Iii' I I " Ull i , . .... .- ,. It I I J "" " HI! . I s . .',. '1 t11.... , I!W H IW I I .. . 1ml II ml ~ I I ! II I !Oi - "'Ji. J IIr I r I ! '" ' I I crrv OF TEMECULA i I . - !I II -I I. JI ! ap ~ ... ." m ! ,I i ~~ ~ l'~ !I!dllll i!!llllr, ~ HI UB! l!l .. . · -., "11 I 'I@ .n H Ilhl ~ ; II , ,~ .. IJ Il" z n I ! I " ~ J PLANNING APPLICATION NO. 00-0507 (Development Plan) EXHIBIT F PLANNING COMMISSION DATE - June 5, 2002 CONCEPTUAL LANDSCAPE PLAN R:\D Pl2000100-D507 Hamplon Inn SulteslRevised PC STF REP recommending Redesign woo COA's.doc .. ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 7,2002 Planning Application No. 01-0601 (Minor Conditional Use Permit 1 Development Plan) Prepared By: Rolfe Preisendanz, Assistant Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Notice of Exemption for Planning Application No. 01- 0601 (Minor Conditional Use Permit/Development Plan) per the California Environmental Quality Act, Section 15270 (Projects Which Are Disapproved). 2. ADOPT a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING DIRECTOR'S DECISION TO DENY PLANNING APPLICATION NO. 02-0120 - A MINOR CONDITIONAL USE PERMIT / DEVELOPMENT PLAN FOR THE CONSTRUCTION, OPERATION AND ESTABLISHMENT OF AN UNMANNED CELLULAR ANTENNA FACILITY LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. APN 953-340-015. APPLICATION INFORMATION APPLICANT Marc Meyers Cingular Wireless 6170 Cornerstone Court San Diego CA 92121 Temeku Hills Golf LLC 2727 Hoover Street National City CA 91950 OWNER: R:\Appeals\01-0601 AppeallStaff Report.doc PROPOSAL: LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING: SURROUNDING ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT DESCRIPTION: An Appeal of the Planning Director's decision to deny Planning Application PA01-0601 a proposal for a Cingular Unmanned Wireless Telecommunication Facility consisting of replacing two existing wood poles with two identical metal poles (painted a wood grain finish to match existing poles) and a 10' x 20' BTS equipment enclosure. The proposed metal poles will internally house 6 antennas. Located on the northeast corner of Rancho California Road and Margarita Road in Temeku Hills Golf Course. OS (Open Space/ Recreation) SP-3 (Margarita Village Specific Plan) North: SP-3 (Margarita Village Specific Plan) South: SP-3 (Margarita Village Specific Plan) East: SP-3 (Margarita Village Specific Plan) West: CC (Community Commercial Golf Course North: Single family detached dwellings South: Post Office East: Single family detached dwellings West: Commercial Retail Shopping Center This project is an appeal of Director's Hearing decision to deny Planning Application PA01- 0601. Planning Application PA01-0601, denied by the Planning Director, is a proposal for a Cingular unmanned wireless telecommunication facility consisting of replacing two existing wood poles with two identical metal poles (painted a wood grain finish to match existing poles) and a 10' x 20' BTS equipment enclosure. The proposed metal poles will internally house the proposed 6 antennas. ANALYSIS: At the Director's Hearing meeting on May 9, 2002 a number of homeowners, who resided in Temeku Hills spoke against the project. The main concerns raised by the homeowners were related to the incompatibility of the project with the Golf Course in terms of use and view impacts. The property owners emphasized that alternative sites should be considered that would be more compatible. Considering the concerns expressed by the homeowners and the purpose of the Telecommunications Facility and Antenna Ordinance Chapter 17.40, adopted to: Protect and promote public health, safety and welfare of the citizen's of Temecula; and R:\AppealsI01-0601 AppeallSlaff Report.doc 2 Protect the visual character of the City from the potential adverse effects of the telecommunication facility development and antenna installation by maintaining architectural and structural integrity and preventing unsightly facilities; the Hearing Officer continued the project to the May 30, 2002 Director's Hearing, requesting that the applicant provide the foll,?wing additional information: 1. A cross section detail, which shows how the homes closest to the proposed site will be impacted by this future development. 2. A digital photo simulation, which shows the landscaping, proposed to screen the equipment enclosure. 3. A detailed landscape plan, which identifies the specific plant material being proposed. 4. A sample of the material being proposed for the poles. The sample should identify the color and texture of the poles. Prior to the ensuing Director's Hearing on May 30, 2002 staff received a number of letters (attached) from various homeowners expressing opposition to the project. Again, the main concerns expressed by the homeowners related to the incompatibility of the proposed project with the Golf Course. At the May 30'h Director's Hearing, three homeowners, who reside in Temeku Hills, spoke against the project raising the following concerns: 5. The proposed project does not belong in a master planned golf community. 6. The proposed project would impair premium lot views with an array of cell towers. 7. Since a considerable amount of money was paid by the homeowner for view lots, the project would be a breach of contract between the homeowners and the developer, After closing the public hearing and discussing the application, the Hearing Officer denied Planning Application PA01-0601 for the following basic reasons: 8. The applicant did not provide sufficient justification for the location. 9. The applicant did not thoroughly explore all alternative site possibilities as required by the City's Telecommunication Ordinance. 10. The Hearing Officer was not convinced that alternative "non-residential" sites were not possible. In denying the application, the following findings could not be made: Minor Conditional Use Permit (Chapter 17.04.01 0.E.1) 11. The proposed conditional use is not consistent with the general plan and the development code. The project has been reviewed for consistency with these documents and Staff has determined that the project is not consistent with the goals and policies contained within R:\Appeals\01-0601 Appea~Staff Report.doc 3 the general plan and within the Development Code Chapter 17.4.110.A. Antenna Ordinance which states, No telecommunication facility or antenna that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the approval authority is submitted showing a clear need for this facility and the infeasibility of co-locating it on another antenna or establishing a multi-user site. 12. The proposed minor conditional use is not compatible with the nature, .condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. Although the proposed antennas will replace two existing wood poles and will receive sufficient camouflaging, the cellular site is not compatible with the nature, condition and development of the Temeku Hills Golf Course in that the proposed use will encroach into a residential area and insufficient analysis has been given to alternative sites. 13. The nature of the proposed minor conditional use is detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general welfare of the community in that the project is not consistent with the goals and policies contained within Goal 3, Policy 3.3 of the General plan which requires that the City, "Protect single -family residential areas from encroachment by commercial uses." 14. The decision to deny application for a minor conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. This application has been brought before the Director of Planning at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Director renders her/his decision. Development Plan (Chapter 17.05.01O.F) 15. The proposed use is not in conformance with the General Plan for T emecula and with all applicable requirements of state law and other ordinances of the city. The project is not consistent with the goals and policies contained within Goal 3, Policy 3.3 of the General plan, which requires that, the City, "Protect single -family residential areas from encroachment by commercial uses." Additionally, the development plan for the site is not consistent with the City's applicable sections of the Development Code (Chapter 17.40 Antenna Ordinance) in that the applicant has not shown, to the satisfaction of the Planning Director, that there is a clear need for this site and that it is infeasible to co-locate on another existing cellular site. (Chapter 17.40.010 General Requirements-Location and Facility Separation). R:\AppealsI01-0601 AppeallSlaff Report.doc 4 16. The overall development of the land is not designed for the protection of the public health, safety, and general welfare. The overall development of the site has not been designed for the protection of the public health, safety and welfare in that the homeowners within the Temeku Hills subdivision have expressed that the development of the unmanned cellular site is not consistent with the intent of a recreational facility in which they live and will deter from the quality of life expected from their investment in the community. APPEAL Subsequently, the applicant filed an Appeal (attached), listing the following issues, which the appellant alleges was wrongly determined: 17. The proposed project is consistent with the General Plan and the Development Code. 18. The proposed project is compatible with the nature, condition and development of adjacent uses. 19. The proposed project is not detrimental to the health, safety and general welfare of the community. 20. The decision to deny the application was not based or supported by substantial evidence. 21. The proposed project is consistent with the goals and policies of the General Plan and the City's Telecommunication Ordinance. 22. The proposed project is designed for the protection of public health, safety and welfare. Staff believes that although the applicant has provided reasons to overturn the Planning Director's decision to deny PA01-0601 they have offered no substantial evidence of justification. RECOMMENDATION: Planning staff recommends that the Planning Commission deny the appeal and uphold the Planning Director's decision to deny PA01-0601. If the Planning Commission wishes to approve the appeal, staff recommends that the project be continued to the next Planning Commission meeting in order to prepare the appropriate findings and resolutions. ATTACHMENTS: 1. PC Resolution-Blue Page 7 2. Exhibits-Blue Page 12 A. Vicinity Map B. Zoning Map C. General Plan Map R:\AppealsIOl-0601 AppeallStaff Report.doc 5 D. Site Plan 3. Appeal Application-Blue Page 16 4. Appellants Cover Letter-Blue Page 17 5. Letters from Homeowners-Blue Page 18 6. Supplemental Information from the Appellant-Blue Page 19 7. Director's Hearing Staff Report May 30, 2002-Blue Page 20 8. Director's Hearing Minutes May 30, 2002.Blue Page 21 R:\AppealsIOl-0601 AppeallStaff Report.doc 6 RESOLUTION NO. 02-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING DIRECTOR'S DECISION TO DENY PLANNING APPLICATION NO. 02-0120 - A MINOR CONDITIONAL USE PERMIT / DEVELOPMENT PLAN FOR THE CONSTRUCTION, OPERATION AND ESTABLISHMENT OF AN UNMANNED CELLULAR ANTENNA FACILITY LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. APN 953-340-015. WHEREAS, Compass Telecom Services, filed Planning Application No. 01-0601, in accordance with the City of Temecula General Plan and Development Code; and WHEREAS, Planning Application No. 01-0601 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; and WHEREAS, the application was processed in accordance with the California Environmental Quality Act; and WHEREAS, the Planning Director held a duly noticed public hearing on May 9, 2002 and May 30, 2002, to consider the application; and WHEREAS, the Planning Director considered Planning Application No. 01-0601 on May 9, 2002 and May 30, 2002 at duly noticed public hearings 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; and WHEREAS, at the conclusion of the Director's Hearing and after due consideration of the staff report and public testimony, the Planning Director denied Planning Application No. 01- 0601; and WHEREAS, an appeal of the Planning Director's decision to deny Planning Application PA01-0601 was properly filed by Compass Telecom Services on June 11, 2002; and WHEREAS, the Planning Commission considered the appeal, staff report, Planning Director Minutes, and the complete public record at a duly noticed public hearing on August 7, 2002; and WHEREAS, the Planning Commission determined that the Planning Director's findings were consistent with the requirements of the City's General Plan, Development Code, and all other applicable state and local laws; and WHEREAS, the appeal application failed to adequately present a '1air argument" and lacked sufficient evidence to overturn the Planning Director's decision; R:\AppealsI01-0601 Appeal\Staff Report.doc 7 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in denying the appeal of the Planning Director's decision to deny Planning Application No. 01-0601 hereby makes the following findings as required by Section 17.04.010 and Section 17.05.01O.F of the Temecula Municipal Code: The proposed conditional use is not consistent with the general plan and the development code. The project has been reviewed for consistency with these documents and Staff has determined that the project is not consistent with the goals and policies contained within the general plan and within the Development Code Chapter 17.4. 11 a.A. Antenna Ordinance which states, No telecommunication facility or antenna that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the approval authority is submitted showing a clear need for this facility and the infeasibility of co-locating it on another antenna or establishing a multi-user site. A. The proposed minor conditional use is not compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. Although the proposed antennas will replace two existing wood poles and will receive sufficient camouflaging, the cellular site is not compatible with the nature, condition and development of the Temeku Hills Golf Course in that the proposed use will encroach into a residential area and insufficient analysis has been given to alternative sites. B. The nature of the proposed minor conditional use is detrimental to the health, safety and general welfare of the community. The project has been determined to be detrimental to the health, safety and general welfare of the community in that the project is not consistent with the goals and policies contained within Goal 3, Policy 3.3 of the General plan which requires that the City, "Protect single -family residential areas from encroachment by commercial uses. " C. The decision to deny application for a minor conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. R:\AppealsI01-0601 Appea~Staff Report.doc 8 This application has been brought before the Director of Planning at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Director renders her/his decision. Development Plan (Chapter 17.05.010.F) D. The proposed use is not in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The project is not consistent with the goals and policies contained within Goal 3, Policy 3.3 of the General plan, which requires that, the City, "Protect single -family residential areas from encroachment by commercial uses." Additionally, the development plan for the site is not consistent with the Citys applicable sections of the Development Code (Chapter 17.40 Antenna Ordinance) in that the applicant has not shown, to the satisfaction of the Planning Director, that there is a clear need for this site and that it is infeasible to co-locate on another existing cellular site. (Chapter 17.40.010 General Requirements-Location and Facility Separation). E. The overall development of the land is not designed for the protection of the public health, safety, and general welfare. The overall development of the site has not been designed for the protection of the public health, safety and welfare in that the homeowners within the Temeku Hills subdivision have expressed that the development of the unmanned cellular site is not consistent with the intent of a recreational facility in which they live and will deter from the quality of life expected from their investment in the community. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 01-0601 was made per the California Environmental Quality Act Guidelines, Section 15270 (Projects Which Are Disapprovec/). This section applies when a public agency rejects or disapproves the proposed project Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7'" day of August 2002. Dennis Chiniaeff, Chairperson ATTEST: Debbie Ubnoske, Secretary {SEAL} R:\AppealslOl -0601 AppeallStaff Report.doc 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 02-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7'h day of August, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\AppealsIOl-0601 AppeallStaff Report.doc 10 ATTACHMENT NO.8 DIRECTOR'S HEARING MINUTES MAY 30, 2002 R:\AppealsI01-0601 AppeallStaff Report.doc 20 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA DIRECTOR OF PLANNING May 30, 2002 A regular meeting of the City of Temecula Director of Planning was called to order on Thursday, May 30, 2002 at 1 :30 PM, at the City of Ternecula Main Conference Room, 43200 Business Park Drive, Temecula, California. Senior Planner, Don Hazen presiding. Also present was Minute Clerk, Lisa Kau. Senior Planner, Don Hazen called the meeting to order at 1 :30 PM. Item NO.1: Planninq Application No. PA01-0601 Application for a Cinqular Unmanned Wireless Telecommunication Facilitv consistina of replacina two existina wood. poles with two identical metal poles (painted a wood qrain finish to match existina poles) and a 10' x 20' BTS eauipment enclosure. The proposed metal poles will internallv house 6 antennas. Continued from the Mav 9, 2002. meetinq. Project Planner Rolfe Preisendanz presented the staff report, and recommended that this item be continued, because staff did not feel that the applicant had sufficiently demonstrated whether the paint on the new metal poles would match the current wood poles. Senior Planner Don Hazen opened the public hearing at 1 :35 PM. The applicant, Mr. Mark Myers, who represented Cingular Wireless, 17870 Sky Park Circle Suite 102, Irvine, CA, described every1hing that was requested from him at the last meeting on May 9, 2002, which were a pole sample with paint chip, a digital simulation from the homeowner's perspective, and a more detailed landscape plan to show adequate buffering of the wall. In addition to what was required, Mr. Myers also included a grading plan, irrigation plan, and a letter from the pole manufacturer, which states how the pole would be made and painted. Mr. James Herman, represented McMillan Companies and Temeku Hill Golf Club, 2727 Hoover Avenue, National City, CA, informed the residents that he extensively looked over this project, found this site to be the least offensive, and that they are trying to provide cellular service for the people. Mr. Herman admitted that they would make a profit on this, but that all of the money made will be put back into the golf course for beautification purposes. Cingular will have a lease with McMillan Companies for approximately 25 years with options if this project is approved. Mr. William Miller, 30743 Links Court, Temecula, CA, is opposed of this project, because he does not believe that it is an appropriate location since this site is a master planned golf community not a business and commercial area. Mr. Miller offered alternate locations for this project, which included the Palomar Village Shopping Center, behind the US Post Office, or several easements nearby that already have telephone poles on them. A picture was also brought, which showed a view from Mr. Miller's house, and he said that this project would be "like adding a pimple to a pretty face that cannot be covered up". Mr. Harold Ritter, 30725 Links Court, Temecula, CA, read a letter from Ms. Susan McKay, who is a fellow homeowner that could not attend the hearing. The letter stated that this project is shameful as homeowners with decent views paid considerable amounts of money for their views, and that the city should have intelligent guidelines so that it does not become an array of towers. R:IDIRHEARIMINUTES\2002105-30-02 minutes.doc Mr. John Shablow, 30791 Links Court, Temecula, CA, paid a considerable amount of money for his view, and sees this addition as a breach of contract by changing what they paid for. The homeowners have discussed buying the golf course in the future, and they would be committed to agreements made before buying the site; however, the homeowner's association does not currently own the golf course. Mr. Shablow does not believe that this is the best location for this telecommunication site, and recommended that they choose another location. During the applicant's rebuttal, Mr. Myers assured the homeowners that even if they could see the site, the extent of visibility is negligible. In terms of alternative properties, Cingular Wireless has investigated other possible locations and they determined that this location is the best as far as where coverage is needed and what is available. This site has a landowner that is willing to work with them, the correct zoning, approval from the city, is constructible, and meets the coverage objectives. In order to find another location, they would need all of the items previously mentioned. Senior Planner Don Hazen closed the public hearing at 2:11 PM. Senior Planner Don Hazen denied PA01-0601 due to the lack of justification of the location, and believes that the applicant did not thoroughly explore all alternate site possibilities as is required by the City's Telecommunication Ordinance. This is the first instance of such facilities being sited within a master-planned residential community, and he is not convinced that alternative "non-residential" sites are not possible. Senior Planner Don Hazen informed the public of its appeal rights and adjourned the meeting at 2:17 PM. Don Hazen, Senior Planner R:\DI RHEARIMINUTES\2002\05-30-02 minutes.doc 2 ITEM #5 +STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August7,2002 Planning Application No. 02-0252 (Development Plan) Prepared By: Rick Rush, Associate Planner 1. ADOPT the Negative Declaration for Planning Application No. 02-0252 (Development Plan); 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0252, A DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A 61,200 SQUARE FOOT EXPANSION TO THE EXISTING 132,883 SQUARE FOOT MILGARD WINDOWS BUILDIN ON 15.83 ACRES, GENERALLY LOCATED AT THE CORNER OF DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSORS PARCEL NO. 909-370-031 APPLICATION INFORMATION APPLICANT: Milgard Windows, James Bux10n PROPOSAL: Planning Application to design, construct, and operate a 61,200 square foot expansion to the existing 132,883 square feet Milgard Windows building LOCATION: Located at the southwest corner of Diaz Road and Dendy Parkway EXISTING ZONING: Light Industrial (L1) SURROUNDING ZONING: North: Public Institution (PI) South: Light Industrial (L1) East: Light Industrial (L1) West: Light Industrial (L1) GENERAL PLAN DESIGNATION: Business Park (BP) EXISTING LAND USE: Industrial Building SURROUNDING LAND USES: North: Vacant South: Vacant East: Vacant West: Scott's Manufacturing R:\D P\2002\02-o252 Milgard Expansion\Staff Repon.doc PROJECT STATISTICS (DEVELOPMENT PLAN) Lot area (gross): Lot area (net) 689,554 (15.83 acres) 610,275 (14.01 acres) Building addition square footage: 61,200 square feet Existing building square footage: 132,883 square feet Building height: 30'-0" Landscaped area: 56,821 square feet (20%) Parking required: 317 vehicular, 8 handicapped, 20 bicycle, and 21 motorcycle Parking provided: 364 vehicular, 8 handicapped, 20 bicycle, and 21 motorcycle Lot coverage: 26% Floor area ratio: .28 BACKGROUND Based on the creation of jobs and overall fiscal benefit to the City of Temecula, this application qualified for "Fast-Track" status. The applicant submitted the fast track application for review on May 13, 2002. A meeting was held on May 23,2002, to develop a fast track schedule and contract for Milgard Windows Expansion. As a result it was determined that the project would be scheduled for the August 7,2002 Planning Commission meeting. Since the May 23,2002 meeting, staff and the applicant have met several times to discuss the proposed projects architecture and landscaping. PROJECT DESCRIPTION Planning Application No. 02-0252 (Development Plan) is a request for the construction of a 61 ,200 square foot expansion to the existing 132,883 square foot Milgard Windows building located on a 15.83-acre site. The project is located at the southwest corner of Diaz Road and Dendy Parkway and the underlying zoning for the site is Light Industrial. Access to the site is taken from three driveway entrances along Dendy Parkway and one driveway entrance off of Diaz Road. The additional parking added as a part of the Development Plan has been added along the south property line and to the west of the building expansion. The building will be constructed utilizing concrete tilt-up panels. The applicant is proposing to continue the existing architecture, including the matching of the existing paint colors and patterns. The proposed expansion will be located directly to the west of the existing building. A temporary staging area has been added directly to the west of the expansion and is clearly delineated on the site plan. The existing trash enclosure has been moved and will now be located within the staging area. R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 2 The proposed project is providing 56,821 square feet of additional landscaping to the site. Included in the proposed landscaping the applicant is proposing to continue the existing planting palettes along Dendy Parkway and the south property line. The rear slope of the proposed project has been partially planted as a result of the development of the industrial building to the west. The proposed project will complete the planting on the slope, using consistent planting materials. Along the north building elevation the applicant has provided two planting areas that serve to screen the building and the staging area. ANALYSIS Staff can make the required findings necessary to approve the expansion to the existing Milgard Windows building located in the Light Industrial zoning district. The proposed site planning and circulation is consistent with the industrial development performance standards in the Development Code. The proposed site plan provides excellent circulation for the tractor-trailer trucks that will be utilizing the site as well as emergency vehicles. The location of parking field for the site has been setback from public view from Dendy Parkway. A landscape berm and drive aisle separates the parking field from the public view. The proposed architecture is consistent with the existing architecture approved as a part of Planning Application No. 98-0462. The Development Code states that where the character or scale is identifiable, new development should be designed to maintain the character and to be compatible with that scale. In staff's review it was determined thatthe expansion to the building should continue the previous architecture style. It is staff's intention to have the existing building and the addition to look as if they were both built at the same time, although we would have preferred that the original portion have greater architectural styling. The Code states that separate buildings or accessory structures should be designed as an integral part of the primary building by using complementary materials, common architectural elements, and special landscape design techniques. The following is a list of architectural elements utilized on both the existing building and the proposed expansion: solid canopies over each of the loadin9 doors alon9 the north and south elevations, scoring and reveals, and a color scheme which utilizes alternating bands of color and painted vertical stripes to present the illusion of columns. In reviewing the proposed project, staff was concerned with the north building elevation that is visible from Dendy Parkway. Staff had specific concerns with the new bay door closest to the existing building and its alignment with the center driveway. Staff recommended either relocatin9 the bay door or eliminating the driveway. The applicant explained that neither of the two options would meet their operational requirements. The applicant has agreed to add additional five-gallon photina shrubs to be planted to form a hedge along the entire north landscape planter to be maintained at a minimum five-foot hei9ht on the existing berm, which will serve to screen the remainin9 bay doors from the public view. Staff has conditioned the project (COA # 26) to provide a landscape maintenance plan that will insure that the landscaping will be maintained at heights sufficient to screen bay doors visible from the public right of way. It is the opinion of staff that the combination of berming and hedge will serve to screen the remainder of the bay doors to include the existing bay doors from view of the public right of way. Staff has concerns with the undeveloped area on the west portion of the site, specifically the non- irrigated flower mix being proposed. Staff has conditioned the applicant (COA #5) to revise the rear undeveloped portion of the site to provide a combination of drought tolerant landscaping materials that will able to be maintained year round. While it is the intent of staff to not have this area require R:\D P\2002\02-o252 Milgard Expansion\Staff Repon.doc 3 permanent irrigation, the applicant will be required to provide sufficient water to maintain a healthy planting area. ENVIRONMENTAL DETERMINATION An Initial Study has been prepared for this project and accompanies this staff report. The project will have no potential significant environmental impacts and staff is recommending adoption of a Negative Declaration. CONCLUSION/RECOMMENDATION The project has been determined by staff to be consistent with all-applicable City ordinances, standards, guidelines, and policies. It is staff's opinion that the project is compatible with surrounding developments in terms of design and quality. FINDINGS Development Plan (Section 17.05.010F) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed use, light manufacturing as a typical use in the Business Park designation. Also, approval of this type of project will meet the intent of Policy 1.5 of the Land Use Element in supporting the development of light industrial and manufacturing uses to diversify the City of Temecula's economic base. The proposed project is consistent with the use regulations outlined in the Development Code for the Light Industrial zoning district. The project has been conditioned by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in table 17.08.040B of the City of Temecula's Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. Attachments: 1. PC Resolution No. - 02-_ - Blue Page 5 Exhibit A - Conditions of Approval - Blue Page 8 2. Initial Environmental Study . Blue Page 20 3. Exhibits, Blue Page 21 B. Vicinity Map C. General Plan Map D. Zoning Map E. Site Plan F. Grading Plan G. Building Elevations R:\D P\2002\02..Q252 Milgard Expansion\Staff Report.doc 4 H. Floor Plan I. Landscape Plan J. Color and Material Board R:\D P\2002\02-Q252 Milgard Expansion\Staff Report.doc 5 ATTACHMENT NO.1 PC RESOLUTION NO. 2002-_ R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 6 PC RESOLUTION NO. 2002-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0252, A DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A 61,200 SQUARE FOOT EXPANSION .TO THE EXISTING 132,883 SQUARE FOOT MILGARD WINDOWS BUILDIN ON 15.83 ACRES, GENERALLY LOCATED AT THE CORNER OF DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSORS PARCEL NO. 909-370-031. WHEREAS, Milgard Windows, filed Planning Application No. 02-0252 (Development Plan Application), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on August 7,2002, 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinas. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 176.0S.01 OF of the Temecula Municipal Code: 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Business Park (BP) development in the City of T emecula General Plan. The General Plan has listed the proposed use, light manufacturing as a typical use in the Business Park designation. Also, approval of this type of project will meet the intent of Policy 1.5 of the Land Use Element in supporting the development of light industrial and manufacturing uses to diversify the City of Temecula's economic base. The proposed project is consistent with the use regulations outlined in the Development Code for the Light Industrial zoning district. The project has been conditioned by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. R:\D P\2002\02-Q252 Milgard Expansion\Staff Report.doc 7 2. The overall development of the land is designed for the protection of the public health. safety, and general welfare. The proposed project is consistent with the development standards outlined in table 17.08.0408 of the City of T emecula 's Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation; architectural design and site plan design. Section 3. Environmental Compliance. A Negative Declaration has prepared and adopted by the Planning Commission. Whereas, no further environmental review if required for the proposed project. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct 61 ,200 square foot expansion to the existing Milgard Windows building set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7'h day of August 2002. Dennis Chiniaeff, Chairperson 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 PC Resolution No. 02- _was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7'h day of August, 2002, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 8 EXHIBIT A CONDITIONS OF APPROVAL R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 9 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: 02-0252 (Development Plan) Project Description: A Development Plan to design, construct and operate a 61,200 square foot expansion to the existing Milgard Manufacturing located on 15.83 vacant acres DIF Category: Business Park/Industrial Assessor's Parcel No.: Approval Date: Expiration Date: 909-370-031 August 7,2002 August7,2004 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 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 One Thousand Three Hundred Fourteen Dollars ($1 ,314.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1 ,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 211 08(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements 2. All outdoor staging areas shall be fully enclosed behind screen walls and shall be fully screened from public view. 3. The applicant shall submit a revised Exhibit E (Site Plan) that delineates the specific locations for all outdoor staging proposed, all materials to be stored outdoors, and the method that will be used to store materials outside. 4. No outdoor staging/storage of any kind shall be permitted outside of the delineated staging area. 5. The rear unused portion of the site shall be revised to incorporate a combination of drought tolerant landscaping materials and shall be maintained year round. 6. Five-gallon photina shrubs shall be planted along Dendy Parkway forming a hedge and shall be planted at the top of the slope to provide adequate screening for bay doors along the north building elevation. R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 10 7. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, 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 from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, 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. 8. 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 its 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. 9. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. 10. All conditions of approval for Planning Application 98-0462 shall apply unless superseded by these conditions of approval. 11 . The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 12. This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 13. The development of the premises shall substantially conform to the approved Exhibits E (Site Plan), F (Grading Plan), G (Building Elevation), H (Floor Plan), I (Landscape Plan), and J (Color and Material Board) contained on file with the Community Development Department - Planning Division. 14. 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. 15. All mechanical and roof equipment shall be fully screened from public view from Dendy Parkway by being placed below the lowest level of the surrounding parapet wall. 16. The colors and materials for the project shall substantially conform to those noted directly below and with Exhibit "J" (Color and Material Board), contained on file with the Community . Development Department - Planning Division. Concrete (walls) - Main Body Parker 5401 (Turtle Dove) Concrete (walls) - Top Painted Sand Parker 5403M (Otter) R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 11 Concrete (walls) - Middle Painted Band Concrete (walls) - Painted Vertical Stripes Diamond Accent Medallions - Painted Accents Metal (roll-up doors) Concrete Tile Roofing Parker 5404D (Colonnade) Parker 5403M (Otter) Parker 5404D (Colonnade) Parker 5401 (Turtle Dove) U.S. Tile (Carmel Blend) 17. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. Prior to Issuance of Grading Permits 18. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 19. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "G", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 20. The applicant shall submit a parking lot lighting plan 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. 21. A copy of the Grading Plan shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 22. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 23. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "I", 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 cover page shall identify the total square footage of the landscaped area for the site. 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. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). R:\D P\2002\02-Q252 Milgard Expansion\Staff Report.doc 12 24. The Planning Director shall approve the Construction Landscaping and Irrigation Plans. Prior to Building Occupancy 25. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 26. The property owner shall submit a landscape maintenance plan that will insure that the landscaping will be maintained at heights sufficient to screen bay doors visible from the public right of way. DEPARTMENT OF PUBLIC WORKS 27. Unless otherwise noted, all conditions shall be completed by the Developer at no costto any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 28. A Grading Permit for either rough and/or 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. 29. 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. 30. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 31. 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. 32. 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. 33. 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. 34. 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. R:\D P\2002\02-0252 MOgan! Expansion\Staff Report.doc 13 35. The Developer shall have a Drainage Study prepared bya 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. 36. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 37. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works d. Building and Safety Department e. City of Temecula Fire Prevention Bureau 38. 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. 39. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 40. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 41. 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. 42. 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. A Conditional Letter of Map Revision (CLOMR) has been filed and approved on January 26, 1999 by the Federal Emergency Management Agency (FEMA). However, the Letter of Map Revision (LOMR) process shall be completed to include formal revisions to the FEMA map. Comply with all FEMA requirements, which include 95% fill compaction criteria. R:\D P\2002\02-0252 Milgard Expansion\Staff Repon.doc 14 Prior to Issuance of a Building Permit 43. Milgard Manufacturing shall pay the cost of Dendy Parkway improvements as defined in an agreement entered into effect as of June 12, 2001 and entitled "Agreement for Partial Reimbursement of Costs of Construction of Certain Public Improvements (Dendy Parkway) between City of Temecula and MS Temecula II, LLC (PA 2000-0335)." In return, the City shall reimburse MS Temecula II, LLC the monies that it collects from Milgard. Per said agreement, the estimate of that portion of the costs of the Dendy Parkway improvements that are for the benefit of Milgard should be approximately One Hundred Thirty Four Thousand Six Dollars ($134, 006) as shown on Exhibit "B" of said agreement. However, economic conditions at the time of bidding and construction conditions could alter the accuracy of this estimate. 44. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subjectto approval by the Director of the Department of Public Works. The following design criteria shall be obseNed: a. Flow line grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. 45. 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. 46. 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. Prior to Issuance of a Certificate of Occupancy 47. 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 48. 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. R:\D P\2002\02..()252 Milgard Expansion\Staff Report.doc 15 49. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to new construction shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 50. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 51. 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 3375 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 1400 GPM for a total fire flow of 4775 GPM with a 4 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) 52. Since this is a separate building all sprinkler and fire protection systems shall be separate and stand-alone to this building. Although the systems must be stand alone, they may draw from one source, i.e. one detector check-valve, etc. 53. All connection, indicator, and similar fire protection appliances shall be collocated with their counterpart devices for the existing building on this site. 54. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 3 hydrants, in a combination of on-site and off- site (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 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) 55. 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) 56. 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) 57. 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) R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 16 58. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 59. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 60. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 61. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 62. 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 local water company signs the plans, 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) 63. 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) 64. 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 give a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 65. 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) 66. 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) 67. Since this is a separate building it shall have a separate Fire Alarm, but it shall be interconnected with the Fire Alarm Control Panel in the existing building. R:\D P\2002\OZ-0252 Milgard Expansion\Staff Report.doc 17 68. 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) 69. 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) 70. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 71. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 72. 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) Special Conditions 73. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 74. 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) 75. 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) BUILDING AND SAFETY 76. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. R:\D P\2002\02-0252 Milgard Expansion\Staff Report.doc 18 77. 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 streetlights 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. 78. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 79. Obtain all building plans and permit approvals prior to commencement of any construction work. 80. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 81. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 82. Show path of accessibility from parking to furthest point of improvement. 83. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. 84. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 85. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 86. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 87. Provide precise grading plan for plan check submittal to check for handicap accessibility. 88. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 89. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 90. Show all building setbacks. 91. Signage shall be posted conspicuously at the entrance to the projectthat indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, 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 Sunday or Government Holidays R:\D P\2002\02...()252 Milgard Expansion\Staff Report.doc 19 COMMUNITY SERVICES General Conditions 92. 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. 93. The developer shall provide adequate space for a recycling bin within the trash enclosure areas. 94. All parkways, landscaping and natural open space shall be maintained by the property owner or a private maintenance association. OUTSIDE AGENCIES 95. The applicant shall comply with the attached letter dated March 23, 2002 from the Riverside County Flood Control and Water Conservation District. 96. The applicant shall comply with the attached letter dated May 30,2002 from Rancho Water. 97. The applicant shall comply with the attached letter dated May 29, 2002 from County of Riverside Department of Environmental Health. 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 Name printed R:\D P\2002\02-o252 Milgard Expansion\Staff Report.doc 20 ATTACHMENT NO.2 INITIAL ENVIRONMENTAL STUDY R:\D P\2002\02-0252 Milgard Expansion\StaffReport.doc 21 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Planning Application No. 02-0252 (Development Plan) - Milgard Windows Lead Agency Name and Address City of Temecula P.O. Box 9033 Ternecula, CA 92589-9033 Contact Person and Phone Number Rick Rush, Associate Planner (909) 694-6400 Proiect Location 26879 Diaz Road, Temecula, CA 92592 Project Sponsor's Name and Address James Buxton, Milgard Windows 26879 Diaz Road Temecula, CA 92592 General Plan DesiQnation Business Park (BP) ZoninQ Liqht Industrial (L1) Description of Project A Development Plan Application to design, construct and operate a 61,200 square foot expansion to the existing Milgard Manufacturing building on 15.83 acres of land, located at 26879 Diaz Road (APN 909-370-031); Submitted bv Milqard Manufacturinq Surrounding Land Uses and Setting North: Public Institution (vacant land) East: Conservation (vacant land) South: Light Industrial (vacant land) West: Liaht Industrial (Existinq Industrial Buildina) Other public agencies whose approval None is required Vicinit Ma R:\D P\2002102-0252 Milgard Expansionllnitial Study.doc 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 checklist on the following pages. Aesthetics Mineral Resources Aqricultural Resources Population and Housina Noise Air Quality Population and Housing Bioloqical Resources, Water Public Services Cultural Resources Recreation Geologic Problems Transportation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Land Use Planning X None Determination (To be completed by the. lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant impact 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 significant effect in this case because revisions in the project have been made by or agreed to by the project 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 impact" 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, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." 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 EIR or 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 project, nothing further is required. Signature Julv 15, 2002 Date Rick Rush. Associate Planner Printed name Citv of Temecula For R:ID P\2002102-0252 Milgard Expansionllni!ial Study.doc 2 1. AESTHETICS. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Supportina Information Sources Imnact Incomorated lmnact Imnact a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, and historic buildings within a state scenic hiqhwav? c. Substantially degrade the existing visual character or X auality of the site and its surroundinqs? d. Create a new source of substantial light or glare, which X would adversely affect day or nighttime views in the area? Comments: 1.a. No Impact. The project will not affect a scenic vista. The project is not located in an area where there is a scenic vista. It is located in an area with existing industrial uses. Further, the project is an expansion of an existing industrial use. The proposed development is situated behind the existing building, which effectively blocks it from view. No impacts are anticipated as a result of this project. 1.b. No Impact. Diaz Road is not designated as a scenic resource nor is the site within the view of a state scenic highway. As a consequence, no significant impact to scenic resources will result from the proposed project or the future development of the site. 1.c. Less Than Significant. The project site is located in an industrial area behind an existing industrial building. The building is visible from Dendy Parkway with limited visibility from Diaz Road. The City's Development Code discourages long unarticulated walls and bay doors that are visible from the public right of way. In an attempt to provide a more aesthetically pleasing view of the building from Dendy Parkway, the project has been conditioned to provide adequate landscaping for the project that will serve to break up the long unarticulated wall visible from Dendy Parkway. The project has also been conditioned to relocate one bay door, which currently lines up with the center drive aisles located on Dendy Parkway. Additionally the project has been conditioned to provide an increased amount of five- gallon shrubs and fifteen-gallon specimen trees along Dendy Parkway to screen the bay doors that are visible from Dendy Parkway. The proposed expansion is consistent with the existing industrial building that is on site and will enhance the site in terms of visual character and quality. Therefore, the project will not have a significant adverse impact. 1.d. Less Than Significant. The project will produce and result in light/glare, as all development of this nature results in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. The project will be conditioned to be consistent' with City Ordinance No. 655 (Ordinance Regulating Light Pollution). With this mitigation measure in place, less than significant impacts are anticipated. R:ID P\2002102-0252 Milgard Expansionllnitial Study.doc 3 2. Agricultural 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: Less Than Potentially Significant With less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Issues and Suooortina Information Sources a. Convert Prime Farmland, Unique Farmland, or Farmland X 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-aaricultural use? b. Conflict with the existing zoning for agricultural use, or a X Williamson Act contract? c. Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-anricultural use? Comments: 2a.-c. No Impact. The project site is not currently in agricultural production and in the historic past has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural 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. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. Therefore, there is no significant impact related to this issue. 3. AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and SUDoortina Information Sources Impact Incorporated Impact Impact a. Conflict with or obstruct implementation of the applicable X air aualitv olan? b. Violate any air quality standard or contribute substantially X to an existina or oroiected air aualitv violation? c. Result in a cumulatively considerable net increase of any X 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 auantitative thresholds for ozone precursors? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of neonle? R:ID P\2002102-D252 Miigard Expansionllnilial Study.doc 4 Comments: 3.a, b. Less Than Significant Impact. The project as proposed will comply with State and National ambient air quality standards. The construction related standards found in Table 6-3 of the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook (April 1993) indicates that industrial projects 1,102,520 square feet or greater may significantly impact air quality. This project is a 61,200 square feet expansion to an existing 132,883 square foot building, which is well below the level indicated for potentially significant impact. No significant impacts related to conflicts with air quality plans will result from the proposed project. 3.c. Less Than Significant Impact. As discussed in item 3. a,b above, the project is within acceptable standards as established by thresholds for impacts associated with construction of industrial development. Table 6-2 of the SCAQMD's CEQA Air Quality Handbook (April 1993) identifies an operational related standard of 276,000 square feet, which indicates that operation of an industrial business less than that is not anticipated to cause significant impacts to air quality. Again, this is a 61,200 square foot expansion to an existing 132,883 square foot building. As a consequence a less than significant impact is anticipated as a result of this project. 3.d. No Impact. The project will not expose sensitive receptors to pollutants. There are no significant pollutants in proximity to the project nor is it anticipated that the project will generate pollutants. The project shall comply with the environmental standards as detailed in the Development Code for industrial development. No significant impacts are anticipated as a result of this project. 3.e. Less Than Significant Impact. The project may create objectionable odors during the construction phase of the project. These impacts will be short in duration and are not considered significant over the long term. The project shall comply with the environmental standards as detailed in the Development Code for industrial development. No significant impacts are anticipated as a result of the project. 4. BIOLOGICAL RESOURCES: Would the project: less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and SUDDortina Information Sources Impact Incorporated Impact Impact a. Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a 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? b. Have a substantial adverse effect on any riparian habitat X 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? c. Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native X resident or miaratorv fish or wildlife species or with I I R:ID P\2002102-0252 Milgard Expansionllnilial Study.doc 5 4. BIOLOGICAL RESOURCES: Would the project: less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and Supportina Information Sources Impact Incorporated Impact Impact established native resident or migratory wildlife corridors, or impede the use of native wildlife nurserv sites? e. Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: 4.a-e No Impact. The General Plan does not designate the project site as a potentially sensitive habitat site. The site is outside the habitat area identified for the Quino Checkerspot Butterfly and does not contain wetlands as defined by the Clean Water Act. The site has been rough graded previously into developable industrial pads. There is no anticipated biological impact associated with this project. 4.f. Less Than Significant Impact. The project is located within the fee area for the Stephen's Kangaroo Rat (SKR) Long-Term Habitat Conservation Plan. All development within this fee area is required to pay a one-time mitigation fee. The SKR mitigation fee for this project has been previously paid as a condition of approval for Parcel Map 28657-1. As a consequence, a less than significant impact is anticipated. 5. CULTURAL RESOURCES. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Cause a substantial adverse change in the significance of X a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of X an archaeoloaical resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or uniaue qeoloqic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Comments: 5.a-d. No Impact. Construction of the expansion building will occur on land that has been graded. Due to previous land disturbance, it is unlikely that cultural resources remain on this site. Additionally, neither the City of Temecula General Plan Environmental Impact Report nor the City's General Plan identifies this project site as an area of significant cultural resources. RID P\2002102-0252 Milgard Expansionllnitial Study.doc 6 6. GEOLOGY AND SOILS. Would the project? less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Expose people or structures to potential substantial X adverse effects, including the risk of loss, injury, or death involvinQ: i) Rupture of a known earthquake fault, as delineated on X 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 GeoloQV Special Publication 42. ij) Strona seismic around shakinq? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreadinq, subsidence, Iiauefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B X of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of X septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a.i, ii, iii; Less Than Significant Impact. The project may have a significant impact on people involving seismic ground shaking, seismic ground failure (including liquefaction and subsidence of the land) and expansive soils, and will have a less than significant impact to erosion, changes in topography or unstable soil conditions from excavation, grading or fill. The project is located in Southern California, an area that is seismically active. Any potentially significant impacts will be reduced to a less than significant impact and conditioned to conform to Uniform Building Code standards. Further, preliminary soil reports have been submitted and reviewed as part of the application submittal and recommendations contained in this report will be used to determine appropriate conditions of approval. The soils reports will also contain recommendations for the compaction of the soil which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure (including liquefaction and subsidence of the land), erosion, changes in topography or unstable soil conditions from excavation, grading or fill and expansive soils. 6.a.iv, No Impact. The project will not expose people to landslides or mudflows. The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result of this project. 6.b.c. Less Than Significant Impact. The development of the site may be affected by liquefaction, subsidence or unstable soil conditions from excavation, grading or fill, due to its location within the liquefaction zone. Potential impacts will be mitigated by conditions of approval to comply with State of R:ID P\2002102-0252 Milgard Expansionllnitial Study.doc 7 California Alquist-Priolo Special Studies Zone development criteria and construction in accordance with the Uniform Building Code standards. A soils report shall be required as part of the development and shall contain recommendations for the compaction of the soil which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure (including liquefaction), erosion, changes in topography or unstable soil conditions from excavation, grading or fill and expansive soils. Erosion control techniques will be included as a condition of approval for development projects at the site. Potential unstable soil conditions from excavation, grading or fill will be mitigated through the use of proper compaction of the soils and landscaping. 6.d. Less Than Significant Impact. Any potential significant impacts will be mitigated through building construction, consistent with the Uniform Building Code standards. Further, the project will be conditioned to provide soil reports prior to grading and recommendations contained in this report are complied with during construction. The soil reports will also contain recommendations for the compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. 6.e. No Impact. Septic sewage disposal systems are not proposed for this project. The project is connected to the existing public sewer system in Diaz Road; therefore, no impacts are anticipated as a result of this project. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Suooortino Information Sources Impact Incorporated Impact Impact a. Create a significant hazard to the public or the X environment through the routine transport, use, or disoosal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely X hazardous materials, substances, or waste within one- auarter mile of an existina or orooosed school? d. Be located on a site which is included on a list of X 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? e. For a project located within an airport land use plan or, X 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 workina in the oroiect area? f. For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or workina in the oroiect area? g. Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation olan? h. Expose people or structures to a significant risk of loss, X iniurv or death involvinn wildland fires, includino where R:ID P\2002102-0252 Mil9ard Expansionllnitial Study. doc 8 wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a. Less Than Significant Impact. The project will result in a less than significant impact in the creation of any health hazard or potential health hazard. The project will be reviewed for compliance with all applicable health laws during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. No significant impacts are anticipated as a result of this project. 7.b. Less Than Significant Impact. The project will result in a less than significant impact due to risk of explosion, or the release of any hazardous substances in the event of accident or upset conditions. The Fire Department reviewed this project according to the information provide by the applicant/tenant and found that there should be minimal hazards if designed, built, and used according to the submitted plans. While the tenant will have hazardous substances on the premises, both the Fire Department and the Department of Environmental Health will regulate them. Both entities will review the project during plan check for compliance with applicable codes and regulations and may require further mitigation measures based on the construction drawing and internal layout. The potential impacts will be mitigated prior to the issuance of building permits. The applicant must receive clearance from the Fire Department prior to the issuance of a building permit. This applies to storage and use of hazardous materials. No significant impacts are anticipated as a result of this project. 7.c. No Impact. This project site is not located within one-quarter mile of an existing or proposed school. The nearest school site is over two miles away. No impact is anticipated. 7.d. No Impact. This project site is not, nor is it located near, a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 that would create a significant hazard to the public or the environment. Therefore, no impacts are anticipated as a result of this project. 7.e.,f. No Impact. The project site is not located within an airport land use plan or within two miles of a public or private airstrip. The nearest airport is French Valley, whose runway is approximately 5 miles to the east. No impact upon airport uses will result from this proposal. 7.g. No Impact. The project will take access from maintained public streets and will therefore not impede emergency response or evacuation plans. No impacts are anticipated as a result of this project. 7.h. No Impact. The project will not result in an increase to fire hazard in an area with flammable brush, grass, or trees. The project is an industrial building for manufacturing and warehousing in an area of similar Business Park/Light Industrial uses. The project is not located within or proximate to a fire hazard area. No impacts are anticipated. 8. HYDROLOGY AND WATER QUALITY. Would the project: Less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and SUDDortina Information Sources Impact Incorporated Impact Impact a. Violate any water quality standards or waste discharge X reauirements? b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local aroundwater table level le.a., the Droduction rate I R:\D P\2002102-0252 Milgard Expansionllnitial Study.doc 9 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 granted)? c. Substantially alter the existing drainage pattern of the site X 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? d. Substantially alter the existing drainage pattern of the site X 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 that would result in flooding on- or off-site? e. Create or contribute runoff water, which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water Quality? X g. Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 1 OO-year flood hazard area structures, X which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Comments: 8.a. Less Than Significant Impact. The project will not violate any water quality standards or waste discharge requirements. The project is required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level that is less than significant. With mitigation, a less than significant impact is anticipated as a result of this project. 8.b.f. Less Than Significant Impact. The project will 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. The project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. Further, construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. No impacts are anticipated as a result of this project. 8.c.d. Less Than Significant Impact. The proposed project will not substantially alter the existing drainage pattern of the site or area in a manner, which would result in substantial erosion or siltation and/or flooding on- or off-site. Some changes to absorption rates, drainage patterns and the rate and amount of surface runoff is expected whenever development occurs on previously permeable ground. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances are required for the project to safely R:ID P\2002102-0252 Milgard Expansionllnitial Study.doc 10 and adequately handle runoff that is created. As designed the proposed project would have a less than significant impact on the existing facilities. 8.e. Less Than Significant Impact. The project is not anticipated to 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. The project is conditioned to accommodate the drainage created as a result of the development of the subject site. In addition, the project is conditioned so that the drainage will not impact surrounding properties. A less than significant impact is associated with this project. 8.g. No Impact. This project represents a development plan for an industrial user within an area zoned for industrial uses. No residential property is affected; no impact is associated with this project. 8.h.,i. Less Than Significant Impact. The project may expose people or property to water related hazards such as flooding. According to the Riverside County Flood Control and Water Conservation District, the project site is in area that is subject to severe flood hazard from Murrieta Creek. Further, the site is located within the limits of the 100-year (Zone AH) floodplain/floodway as delineated on Panel No. 060742 0005B of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). The project is located within the darn inundation area identified in the City of Temecula General Plan Final Environmental Impact Report. Utilizing existing emergency response systems can mitigate impacts. This project as conditioned requires the developer to pay flood mitigation fees to the Riverside County Flood Control and Water Conservation District. Less than significant impact is anticipated as a result of this project because mitigation measures are in place for the site and general area of the site. 8.j. No Impact. The project site is not subject to inundation by sieche, tsunami, or mudflow, as these events are not known to happen in this region. No impacts are anticipated as a result of this project. 9. Land Use and Planning. Would the project: less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Phvsicallv divide an established community? X b. Conflict with applicable land use plan, policy, or X 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? c. Conflict with any applicable habitat conservation plan or X natural community conservation plan? Comments: 9.a. No Impact. The project is an industrial building that has been designed to accommodate manufacturing and warehousing uses within an industrial park containing similar uses. There is no established residential community on the site nor in the vicinity. Therefore, no impacts as a result of this project are anticipated. 9.b. No Impact. The project is consistent with the City's General Plan Land Use Designation of BP (Business Park) and the zoning designation of LI (Light Industrial), which call for the development of well designed business and employment centers. Typical uses include light manufacturing, storage, R:ID P\2002102-0252 Milgard Expansionllnitial Study.doc 11 industrial supply and wholesale businesses. The proposed development plan meets the intent of these designations. Impacts from all General Plan Land Use Designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. These agencies were given the opportunity to comment on the project and their comments are made a part of the Conditions of Approval for the project. The project site has been previously graded and services have been extended to the area. As a result, the project is not anticipated to conflict with existing land uses. 9.c. Less Than Significant Impact. The project is located within the fee area for the Stephen's Kangaroo Rat (SKR) Long-Term Habitat Conservation Plan. All development within this fee area is required to pay a one-time mitigation fee. The SKR mitigation fee for this project has been previously paid as a condition of approval for Parcel Map 28657-1. As a consequence, a less than significant impact is anticipated. 10. MINERAL RESOURCES. Would the project: less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Supportina Information Sources Impact Incorporated Impact Impact a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local Qeneral plan, specific plan or other land use plan? Comments: 1 O.a.b. No Impact. The project will not result in the loss of available, known mineral resources or in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Ternecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, it has been determined that this area contains no deposits of significant economic value based upon available data in a report entitled Mineral Land Classification of the Temescal Vallev Area, Riverside County, California, Special Report 165, prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. No impacts are anticipated as a result of this project. 11. NOISE. Would the project result in: Less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other aQencies? b. Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels X in the project vicinity above levels existinq without the R:ID P\2002\02-0252 Milgard Expansionllnitial Study.doc 12 proiect? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the proiect? e. For a project located within an airport land use plan or, X 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? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the proiect area to excessive noise levels? Comments: 11.a.,d.Less Than Significant Impact. The project may expose people to severe noise levels during the development/construction phase (short term). Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered very annoying and can cause hearing damage from steady 8-hour exposure. This source of noise will be of short duration and not long-term. Construction hours are regulated by the City Development Code, to which the applicant shall comply. Therefore noise as a result of construction will not be considered significant. 11.b.,c.Less Than Significant Impact. The uses conducted by the project are not activities that would expose persons to or generate excessive groundborne vibration or groundborne noise levels. Processes such as assembling and warehousing are typical manufacturing uses and similar to existing uses in the Westside Business Park. While industrial development will create noise levels greater than the currently vacant land, long-term noise generated by this project would be within the limits of the General Plan and Development Code standards. No impacts are anticipated. 11.d. Less Than Significant Impact. The project may result in temporary or periodic increases in ambient noise levels during construction. As mentioned in response 11.a. construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered annoying. However, this source of noise from construction of the project will be of short duration and therefore would not be considered significant. Furthermore, construction activity will comply with City ordinances regulating the hours of activity. A less than significant impact would be anticipated. 11.e.f. No Impact. This project is not within two miles of a public airport or public use airport, therefore, employees working in the project area will not be exposed to excessive noise levels generated by an airport. Consequently no impact is anticipated as a result of this project. 12. POPULATION AND HOUSING. Would the project: less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and Supportina Information Sources Impact Incorporated Impact Impact a. Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? R:ID P\2002102-0252 Milgard ExpansionUnilial Study.doc 13 Displace substantial numbers of people, necessitating the construction of re lacement housin elsewhere? Comments: 12.a. Less Than Significant Impact. The project will not induce substantial growth in the area either directly or indirectly. The project is consistent with the General Plan Land Use designation of BP (Business Park) and Zoning Designation of LI (Light Industrial). The proposed industrial development could cause some people to relocate to, or within the Temecula area. However, it will not induce substantial growth beyond what is projected in the City's General Plan. 12.b.c. No Impact. The project will not displace substantial numbers of people or existing housing, as the site is developed with an industrial use within the Light Industrial (L1) zone. Additionally, the project site is located within an existing industrial area, which does not permit residential development. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. 13. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Would the project result in substantial adverse physical X impacts associates 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: b. Fire protection? X c. Police protection? X d. Schools? X e. Parks? X f. Other public facilities? X Comments: 13.a.,b.,c.,e. Less Than Significant Impact. The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some services. However, the project will contribute its fair share through City Development Impact Fees to the maintenance or provision of services from these entities. Less than significant impacts are anticipated. 13.d. Less Than Significant Impact. The project will have a less than significant impact upon, or result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City. The cumulative effect from the project will be mitigated through the payment of applicable School Fees. Less than significant impacts are anticipated. 13.f. Less Than Significant Impact. The project will have a less than significant impact upon, or result in a need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this project. A condition of approval R:ID P\2002102-0252 Milgard Expansionllnitial Study.doc 14 has been placed on this project that will require the proponent to obtain 'Will Serve" letters from all of the public utilities agencies. Service is currently provided to the developed portion of the site so extending service to the expansion portion is probable, which would result in less than significant impacts as a result of the project. 14. RECREATION. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilitv would occur or be accelerated? b. Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a.b. No Impact. The project is an industrial project that is relatively small in scale. The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this project is unlikely. The project may cause some employees to relocate from existing facilities elsewhere in Southern California to the City of Temecula and it is worth noting that the applicant shall be required to pay Development Impact Fees, which contribute towards the provision of recreational facilities in the City. With the design of the project and the mitigation measures in place, impacts are anticipated to be less than significant as a result of this project. 15. TRANSPORTATION/TRAFFIC. Would the project: less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Supportina Information Sources Impact Incorporated Impact Impact a. Cause an increase in traffic, which is substantial in X 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 ratio on roads, or conqestion at intersections? b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion manaqement aaencv for desianated roads or hiqhwavs? c. Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.Q., farm eauiprnent)? e. Result in inadeauate emeraencv access? X f. Result in inadequate parkina capacity? X g. Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicvcle racks)? R:ID P\2002\02-0252 Milgard Expansionllnilial Study.doc 15 Comments: 15.a,b. Less Than Significant Impact. The proposed project is not anticipated to cause significant impacts to the existing traffic system within the City, largely because of its ancillary nature. The project at hand is an expansion of an existing project, which is consistent with the zoning and general plan designations. During the preparation of the General Plan and the General Plan EIR the impacts of this type of development were considered. Additionally, the City's Traffic Engineer reviewed the cumulative impacts during the approval process and has determined that the project's traffic impacts warrant no further study or mitigations. 15.c.d.No Impact. The proposed development of this property will not result in a change in air traffic patterns by increasing the traffic levels in the vicinity. The site is not within the French Valley Airport's flight overlay district. The design of the project will not pose a threat to the health, safety, and welfare of the people utilizing the roads in the vicinity of the project because there are no sharp curves or dangerous intersections proposed. No impacts are anticipated as a result of this project. 15.e. No Impact. The project will not result in inadequate emergency access or access to nearby uses. The project is an industrial building for manufacturing and warehousing use in an area developed with industrial uses. The project, as designed, complies with current City standards and has adequate emergency access. No impacts are anticipated as a result of this project. 15.1. No Impact. The proposed development complies with the City's Development Code parking requirements for industrial uses. Therefore, no significant impacts are anticipated as a result of this project. 15.g. No Impact. The project site is located on a road that has access to public transportation. The project as proposed does not conflict with adopted policies, plans, or programs supporting alternative transportation. Because the project does not propose to significantly increase its employee base, alternative transportation programs specifically designed for this project are not necessary. 16. UTILITIES AND SERVICE SYSTEMS: Would the project: less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues and Supportina Information Sources Impact Incorporated Impact Impact a. Exceed wastewater treatment requirements of the X applicable Reaional Water Quality Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment X 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? R:\D P\2002102-D252 Milgard Expansionllnitial Study.doc 16 f. Be served by a landfill with sufficient permitted capacity to accommodate the roo ect's solid waste dis osal needs? Comply with federal, state, and local statutes and re ulations related to solid waste? x g. x Comments: 16.a.,b., 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. However, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." 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. No Impact. The Drainage Study prepared for the underlying Tentative Parcel Map No. 28657 indicated that the amount of runoff from the project is not anticipated to be any greater than what was anticipated by construction of the site. Consequently, construction of new storm water drainage facilities or expansion of existing facilities is not anticipated. 16.d. Less Than Significant Impact. The project will not significantly impact existing water supplies nor require expanded water entitlements. The project will have an incremental effect upon existing systems. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. 40)." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. 16.f.g. Less Than Significant Impact. The project will not result in a need for new landfill capacity. 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. 17. MANDATORY FINDINGS OF SIGNIFICANCE. less Than Potentially Significant With less Than Significant Mitigation Significant No Issues and Supportinq Information Sources Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality X 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 history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively X 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 proiects, and the effects of probable future projects? c. Does the proiect have environmental effects, which will X R:ID P\2002102-0252 Milgard Expansionllnitial Study.doc 17 Comments: 17.a. No Impact. The project does not have the potential to degrade the quality of the environment on site or in the vicinity of the project. The site lies within an existing industrial area and has been zoned to accommodate industrial development. The project will not substantially reduce the habitat of fish or wildlife because the majority of the site is already developed with an existing industrial business. No historic resources are anticipated to be impacted because grading has already occurred on the site. 17.b. Less Than Significant Impact. Cumulative impact analysis was conducted for the project with regard to drainage, traffic, air quality, noise and service systems. In all aspects, the proposed development is consistent with the General Plan designation for the property, and as such, impacts generated by the proposed development are no greater than what is anticipated at build out of the City. 17.c. Less Than Significant Impact. The project was analyzed with regard to noise, hazards and geologic events. In all aspects, the project has been designed or conditioned to reduce impacts to a less than significant level. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA 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 Environment Impact Report were used as a referenced source in preparing this Initial Study. The Environmental Impact Report was prepared for the City's General Plan in July 1993. The proposed determination of this study was that the project did not have a significant effect on the environment, prompting the preparation of a Negative Declaration. 18.b. There were no earlier impacts, which affected this project. 18.c. As conditioned, this project is anticipated to impose less than significant impacts on the environment. As a result no mitigation measures have been incorporated as a part of this initial environmental study. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. 3. South Coast Air Quality Management District CEQA Air Quality Handbook. 4. The City of Temecula Development Code. R:ID P\2002102-0252 Milgard Expansionllnitial Study. doc 18 ITEM #6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August7,2002 Planning Application No. 01-0383 (Conditional Use Permit! Development Plan) Prepared by: Rick Rush, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Notice of Exemption for Planning Application No. 01-0383 pursuant to Section 15332 of the California Environmental Quality Act Guidelines. 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0383, A CONDITIONAL USE PERMITI DEVELOPMENT PLAN TO DESIGN AND CONSTRUCT A THIRTY-FIVE FOOT HIGH UNMANNED WIRELESS COMMUNICATION FACILITY DESIGNED AS A FLAGPOLE, AND THE INSTALLATION OF A ONE HUNDRED FORTY FOUR SQUARE FOOT EQUIPMENT SHELTER LOCATED AT THE MCDONALDS SITE AT 31853 HIGHWAY SEVENTY-NINE SOUTH AND KNOWN AS ASSESSORS PARCEL NO. 961-080-007 APPLICATION INFORMATION APPLICANT: Cingular Wireless REPRESENTATIVE: Compass Telecom PROPOSAL: To design, construct and operate a thirty-five foot high-unmanned wireless telecommunication facility designed as a flagpole and the installation of a one hundred forty four square foot equipment shelter LOCATION: Located on the south side of Highway 79 South and west of Redhawk Parkway at the existing McDonalds site at 31853 Highway 79 South EXISTING ZONING: Community Commercial (CC) R:IC U P\2001\01-0383 Cingular Wireless flagpolelStaff Report.doc 1 SURROUNDING ZONING: GENERAL PLAN: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS North: Professional Office (PO) South: Community Commercial (CC) East: Community Commercial (CC) West: Community Commercial (CC) Community Commercial (CC) McDonalds Restaurant North: Office Building South: Commercial East: Commercial West: Commercial Lot Area: 38,664 square feet (.83 Gross Acres) Mono-flag Height: 35 feet Equipment Shelter: 144 square feet Equipment Shelter Height: 8' 6" Existing Building Area: 4,133 square feet FAR: .11 BACKGROUND The application was submitted to the Planning Department on August 8, 2001. A Development Review Committee meeting was held on November 8, 2001. The applicant resubmitted revised plans on May 16, 2002. Analysis of the project was completed and the applicant was informed that the item would be scheduled for Planning Commission upon submitting the required exhibits. PROJECT DESCRIPTION The applicant is requesting a Conditional Use Permit/Development Plan to design, construct and operate a 35-foot high-unmanned wireless telecommunication facility designed as a flagpole and the installation of 144 square foot equipment shelter located on an .83-acre site. The proposed unmanned wireless telecommunication facility will be located atthe existing McDonalds on the south side of Highway 79 South. The intent of this facility is to provide cellular telephone coverage along Highway 79 South and the surrounding neighborhood for Cingular Wireless customers. The proposed site location was selected to provide specific coverage for the intersection of Highway 79 and Margarita Road/Redhawk Parkway. The project is located on Highway 79 South west of Margarita RoadlRedhawk Parkway. The project proposes a 35-foot high flagpole with 3 antennas mounted in the interior portion of the flagpole. The diameter of the proposed flagpole will be increased due to the mounting of the antennas within the R:\C U P\2001\01-0383 Cingular Wireless flagpole\Staff Report.doc 2 interior of the flagpole. The proposed flagpole will replace the existing 35-foot high flagpole located between the drive-through and the trash enclosure. The flagpole will be a painted dark brown to match the existing parking light pole. The equipment shelter will be located to the south of the existing trash enclosure. The exterior of the equipment shelter will be finished with stucco and painted to match the trash enclosure. The access door will also be painted to match the trash enclosure. The location of the equipment shelter will cause an existing planter and tree to be removed. To mitigate the removal of the planter, the applicant has proposed to add an additional 3- foot wide planter along the south side of the equipment shelter and relocate the removed tree to the existing planter to the south. In addition the applicant is proposing to replace four parking lot trees with 24" Box tress to match the existing trees. ANALYSIS Staff can make the required findings necessary to approve a thirty-five foot high-unmanned wireless telecommunication facility at the proposed location. The project as proposed is consistent with the Telecommunications Facility and Antenna Ordinance. The proposed flagpole has been designed to replace an existing flagpole and will not exceed the height of the existing flagpole. Since there is no increase in height, and a minimal increase in diameter staff has determined that the proposed flagpole is compatible with the surrounding environment. The proposed location of the flagpole is located outside of the fifteen-foot front yard setback. The design of the flagpole has been determined by staff to be a "stealth" design, which also allows the flagpole to blend into the surrounding environment. The internalization of the antennas in the flagpole makes them completely invisible from view from the public right of way. The location of the equipment shelter and the colors and materials utilized also serves to screen its view from the public right of way. The upward facing lighting proposed for the project does not meet the Mount Palomar Lighting Ordinance. It is the intent of the ordinance to restrict the permitted use of certain light fixtures emitting into the night sky undesirable light rays, which have a detrimental effect in the astronomical observation and research. The ordinance classifies this type of lighting as Class III (Decorative Lighting) and states that it should be shielded. It is the opinion of staff that the proposed flagpole lighting for the project does not meet the intent of the ordinance and will unnecessarily contribute to the amount of commercial lighting along Highway 79 South. Staff has conditioned the project to submit a revised site plan eliminated the ground mounted lighting as shown on the exterior elevations. Staff has determined that even with the removal of the landscape planter, the proposed project still exceeds the twenty percent minimum landscaping required in the Community Commercial zoning district. The replacement of the four parking lot trees adds to the overall quality of landscaping for project. ENVIRONMENTAL DETERMINATION Staff has reviewed the project for compliance with the California Environmental Quality Act. Based on staff's review, the proposed project is eligible for a CEQA exemption (Class 32-ln Fill Projects) pursuant to Section 15332 of the CEQA Guidelines based on the following reasons: . The site is .83 gross acres, which is less than the 5 acres required. . The proposed project is consistent the General Plan policies, as well as the Telecommunications Facility and Antenna Ordinance. . The site has been previously developed and has no value as habitat for endangered, rare, or threatened species. R:IC U P\2001\01-0383 Cingular Wireless flagpolelStaff Report.doc 3 . The approval of the project will not result in any adverse effects related to traffic, noise, air quality or water quality. . The site is currently served by all required utilities and public services. SUMMARY/CONCLUSIONS The project has been determined by staff to be consistent with all-applicable City ordinances, standards, guidelines, and policies. The project is compatible with surrounding developments in terms of design and quality, and staff is recommending approval. FINDINGS Conditional Use Permit (17.04.010E) 1. The proposed conditional use is consistent with the General Plan and the development code. Staff has reviewed the proposal and finds that the proposed conditional use permit is consistent with the City of Temecula General Plan and the applicable sections of the Development Code. The project as proposed meets the general requirements as outlined in the Telecommunications Facility and Antenna Ordinance. The antenna is located outside of all yard and street setbacks specified in the Community Commercial zoning district. The flagpole as proposed is replacing an existing flagpole of the same height and has been designed to blend in with the surrounding environment. The design of the support facility has been designed to blend in with the existing building and will not be highly visible from the public right of way. 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. As proposed the telecommunication facility is designed as flagpole with the antennas mounted on the interior portion of the flagpole. The proposed flagpole is thirty-five feet high and is replacing an existing thirty-five foot flagpole. This design and height is consistent with the existing built environment and will not adversely affect the adjacent buildings. 3. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, 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. Planning staff has reviewed the requirements of the perfom7ance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections ofthe Development Code. As a result, staff has determined that the proposed conditional use meets the zoning requirements for projects located within the Community Commercial zoning district. 4. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and welfare are safeguarded. The project as designed is inaccessible R:IC U P\2001\01.0383 Cingular Wireless flagpolelStaff Report.doc 4 and will not be create any concerns for the overall welfare of the community. 5. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Development Plan (17.05.010F) 1. 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 design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wild life, or habitat on the project site, and the project will not affect any fish, wildlife, or habitat off-site. The site is surrounded by development and is an in-fill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of T emecula General Plan, as well as the development standards outlined the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed thirty-five foot high-unmanned wireless telecommunication facility designed as a flagpole. Attachments- 1. PC Resolution - Blue Page 6 Exhibit A: Conditions of Approval for PA01-0383 (Conditional Use Permit) - Blue Page 10 2. Exhibits for PA01-0383 (Conditional Use Permit) - Blue Page 15 A. Vicinity Map B. Zoning Map C. General Plan Map D. Site Plan E. Elevations F. Landscape Plan R:IC U P\2001\01-0383 CingularWireless flagpolelStaff Report.doc 5 ATTACHMENT NO.1 PC RESOLUTION NO. 2002- APPROVING PA01-0383 CONDITIONAL USE PERMIT R:IC U P\2001\01-0383 Cingular Wireless flagpole\Staff Report.doc 6 PC RESOLUTION NO. 2002-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0383, A CONDITIONAL USE PERMIT/ DEVELOPMENT PLAN TO DESIGN AND CONSTRUCT A THIRTY-FIVE FOOT HIGH UNMANNED WIRELESS COMMUNICATION FACILITY DESIGNED AS A FLAGPOLE AND THE INSTALLATION OF A ONE HUNDRED FORTY FOUR SQUARE FOOT EQUIPMENT SHELTER LOCATED AT THE MCDONALDS SITE AT 31853 HIGHWAY SEVENTY-NINE SOUTH AND KNOWN AS ASSESSORS PARCEL NO. 961-080-007 WHEREAS, Marc Meyers, representing Compass Telecom, filed Planning Application No. 01-0383, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 01-0383 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. 01-0383 on August 7,2002, 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; WH EREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. 01-0383 subject to the conditions after finding that the project proposed in Planning Application No. 01-0383 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving Planning Application No. 01-0383 (Conditional Use Permit/Development Plan) hereby makes the following findings as required by Section 17.04.01O.E and Section 17.05.01O.F of the Temecula Municipal Code: Conditional Use Permit (17.04.010E) A. Staff has reviewed the proposal and finds that the proposed conditional use permit is consistent with the City of Temecula General Plan and the applicable sections of the Development Code. The project as proposed meets the general requirements as outlined in the Telecommunications Facility and Antenna Ordinance. The antenna is located outside of all yard and street setbacks specified in the Community Commercial zoning district. The flagpole as proposed is replacing an existing flagpole of the same height and has been designed to blend in with the surrounding environment. The design of the support facility has been designed to blend in with the existing building and will not be highly visible from the public right of way. B. As proposed the telecommunication facility is designed as flagpole with the antennas mounted on the interior portion of the flagpole. The proposed flagpole is thirty-five feet high and is R:IC U P\2001\Ol-0383 Cingular Wireless flagpolelStaff Report.doc 7 replacing an existing thirty-five foot flagpole. This design and height is consistent with the existing built environment and will not adversely affect the adjacent buildings. C. Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the proposed conditional use meets the zoning requirements for projects located within the Community Commercial zoning district. D. Provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and welfare are safeguarded. The project as designed is inaccessible and will not be create any concerns for the overall welfare of the community. E. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Development Plan (17.05.01 OF) F. The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wild life, or habitat on the project site, and the project will not affect any fish, wildlife, or habitat off-site. The site is surrounded by development and is an in-fill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. G. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards outlined the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed thirty-five foot high-unmanned wireless telecommunication facility designed as a flagpole. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 01-0196 was made per the California Environmental Quality Act Guidelines Section 15332 (In- Fill Development Projects, Class 32). This project is an in-fill development and meets the following criteria: . The site is .83 gross acres, which is less than the 5 acres required. . The proposed project is consistent the General Plan policies, as well as the Telecommunications Facility and Antenna Ordinance. . The site has been previously developed and has no value as habitat for endangered, rare, or threatened species. . The approval of the project will not result in any adverse effects related to traffic, noise, air quality or water quality. . The site is currently served by all required utilities and public services. Section 4. Conditions. That the City of Temecula Pianning Commission hereby conditionally approves Planning Application No. 01-0383 (Conditional Use Permit) a request to design, construct and operate a thirty-five foot high-unmanned wireless telecommunication facility designed as a flagpole and the installation of a one hundred forty four square foot equipment shelter located at the Rancho Baptist Church site located on the south side of Highway Seventy-Nine South and west of Redhawk Parkway and known as Assessors Parcel No. 961-080-007. R:IC U P\2001\Ol-0383 Cingular Wireless flagpolelStaff Report.doc 8 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of August 2002. Dennis Chiniaeff, Chairperson I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01-002 was duly and regularly ado~ted by the Planning commission of the City of Temecula at a regular meeting thereof held on the 7' day of August, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: o PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: None o o None o None Debbie Ubnoske, Secretary R:IC U P\2001\01-D383 Cingular Wireiess flagpole\Staff Report.doc 9 EXHIBIT A CONDITIONS OF APPROVAL PA01-0383 CONDITIONAL USE PERMIT/DEVELOPMENT PLAN R:IC U P\2001101 -0383 Cingula, Wireless flagpolelStaff Report.doc 10 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No: 01-0383 (Conditional Use Permit/Development Plan) Project Description: A Conditional Use Permit/Development Plan to design, construct and operate a thirty-five foot high-unmanned wireless telecommunication facility designed as a flagpole and the installation of a one hundred forty four square foot equipment shelter located at the McDonalds site at 31853 Highway 79 South DIF Category: Exempt Assessor's Parcel No: 961-080-007 Approval Date: August 7, 2002 Expiration Date: August 7, 2004 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division 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). General Requirements 2. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions R:IC U P\2001\01-0383 Cingular Wireless flagpolelStaff Report.doc 11 of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. 3. All conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The development of the premises shall substantially conform to the approved Exhibits D (Site Plan), E (Elevations), F (Landscaping) contained on file with the Community Development Department - Planning Division. 8. The colors and materials for the project shall substantially conform to the colors and materials on the existing buildings located at 31853 Highway 79 South. Prior to the Issuance of Grading Permits 9. 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. 10. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. Prior to the Issuance of Building Permits 11. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 12. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "F", 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 cover page shall identify the total square footage of the landscaped area for the site. The plans shall show temporary irrigation and seeding for the Phase 1 B area. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). R:IC U P\2001\01.0383 CingularWireless flagpolelStaff Report.doc 12 b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). 13. A maintenance/facility removal agreement, or enforceable provisions in a signed lease the will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant shall be submitted to the Planning Director. The agreement shall be in accordance with section 17.40.210 of the ordinance and comply with all provisions set forth in this section. BUILDING AND SAFETY DEPARTMENT 14. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 15. 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 streetlights 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. 16. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 17. Obtain all building plans and permit approvals prior to commencement of any construction work. 18. Obtain street addressing for all proposed buildings prior to submittal for plan review. 19. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 20. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 21. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 22. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 23. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 24. Show all building setbacks. R:IC U P\2001101-0383 Cingular Wireless flagpolelStaff Report.doc 13 25. 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. 0-90-04, specifically Section G (1) o/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 Sunday or Government Holidays FIRE DEPARTMENT 26. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 27. Fire Department vehicle access roads shall maintain an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 28. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 29. 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) 30. During building construction, all locations where structures are to be built or altered shall maintain 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) 31. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. 32. 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 firefighting personnel. (CFC 902.4) 33. Provide a 2A: 1 OBC fire extinguisher inside each building or temporary structure on the site. 34. 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) 35. 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 R:IC U PI2001\01-0383 Cingular Wireless flagpolelSlaff Report.doc 14 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) TEMECULA COMMUNITY SERVICES DISTRICT 36. 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. 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 Printed Name Applicant Signature R:IC U PI2001\01-0383 Cingular Wireless flagpolelSlaff Report.doc 15 ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August7,2002 Planning Application No. 01-0572 (Conditional Use Permit! Development Plan) Prepared by: Matthew Harris, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Notice of Exemption for Planning Application No. 01-0572 pursuant to Section 15332 of the California Environmental Quality Act Guidelines. 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0572, A CONDITIONAL USE PERMIT/ DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A TWENTY-SIX FOOT HIGH, FOURTEEN FOOT WIDE UNMANNED WIRELESS COMMUNICATION FACILITY HOUSING SIX ANTENNAS AND ASSOCIATED EQUIPMENT LOCATED ON THE CHAPARRAL HIGH SCHOOL CAMPUS AT 27215 NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NO. 911-760-007 APPLICATION INFORMATION APPLICANT: Cingular Wireless REPRESENTATIVE: Compass Telecorn PROPOSAL: To design, construct and operate a twenty-six foot high, fourteen- foot wide unmanned wireless telecommunication facility housing six antennas and associated equipment. LOCATION: 27215 Nicolas Road (Chaparral High School Campus) EXISTING ZONING: Public Institutional (PI) SURROUNDING ZONING: North: Planned Development Overlay-3 (PDO) South: Community Commercial (CC) East: Roripaugh Estates Specific Plan (SP-1) West: Harveston Specific Plan (SP-13) GENERAL PLAN: Business Park (BP) R:\C U P\2001\01-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 1 EXISTING LAND USE: Chaparral High School Campus SURROUNDING LAND USES: North: Senior Housing Complex South: Commercial East: Commercial/Residential West: Residential PROJECT STATISTICS Structure Floor Area: 196 square feet Structure Height: 26 feet BACKGROUND The application was submitted to the Planning Department on November 19, 2001. Staff requested additional application materials on December 19, 2001. The applicant's representative submitted the requested materials on May 15, 2002. Staff requested clarifications and revisions to the materials on June 5, 2002. The requested revisions were provided on June 19, 2002. Analysis of the project was completed and the applicant was informed that the item would be scheduled for Planning Commission. PROJECT DESCRIPTION The applicant is requesting a Conditional Use Permit/Development Plan to design, construct and operate a twenty-six foot high, fourteen foot wide unmanned wireless telecommunication facility housing six antennas and associated equipment. The facility is proposed to be located at the southwest corner of Nicolas Road and Winchester Road on the Chaparral High School Campus. The intent of this facility is to provide cellular telephone coverage along Highway 79 North and the surrounding neighborhood for Cingular Wireless customers. The proposed site location was selected to provide specific coverage to an area that is constrained by topography. Currently this is an area where Cingular Wireless customers drop calls due to the lack of coverage. The six proposed antennas and associated telecommunications equipment will be fully housed within the. structure and thus will be completely screened from public view. The interior of the structure will be accessed via a three-foot wide door. Given the location and high visibility of the facility from both Nicolas and Winchester Roads, the applicant is also proposing the facility serve as a monument sign for Chaparral High School. The proposed monument sign will replace the high school's existing freestanding pylon sign located along the school's Winchester Road frontage (see Exhibit G for photo of existing pylon sign). The exterior of the facility will be finished with stucco and painted to match the existing buildings on the school campus. Facility elevations indicate that the words "Chaparral High School" will be painted on the stucco at the top of the structure on the north, south and east sides. A multi-line electronic marquee sign will also be incorporated into the north, south and east sides of the structure that will be used to advertise upcoming events at the high school. In addition, the school's mascot logo will be painted on the stucco in the middle of each of these elevations. Floodlights are proposed at the base of the structure so as to illuminate the mascot logos. ANALYSIS R:\C U P\2001\01-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 2 Facility Desiqn An elevation has not been provided for the west side of the facility. This side of the facility will be visible to eastbound traffic on Nicolas Road as well as the high school parking lot. While the electronic marquee sign would not be necessary on this elevation, staff recommends that the "Chaparral High School" sign and school motto logo also be incorporated so as to enhance the aesthetics of this elevation. This has been made a recommended condition of approval. In an effort to further enhance all four elevations of the facility, staff also recommends that a three inch deep box be incorporated into each side of the structure and that the school mascot logo be located in the middle of the box and project out three inches so as to be flush with the wall plane of the structure. This treatment would serve to provide some additional relief and formalize the facility. Landscapina The finished pad grade of the facility will be six feet below the adjacent grade of Nicolas and Winchester Roads. Therefore, the overall facility will rise twenty feet above these adjacent street grades. To further soften the facility and enhance its aesthetics, staff recommends that landscaping be introduced a minimum twelve feet back from the footprint of the facility. The City's landscape architect consultant recommends the conceptual landscape plan be modified to show large evergreen shrubs (i.e. Ligustrum Japonicum texanum, Xylosma congestum) placed continuously around the perimeter of the base of the facility. It is further recommended the shrubs be a minimum 15 gallons in size so as to provide immediate screening. Liahtina The ground lighting proposed for the project does not meet the Mount Palomar Lighting Ordinance. It is the intent of the ordinance to restrict the permitted use of certain light fixtures emitting into the night sky undesirable light rays, which have a detrimental effect on astronomical observation and research. The ordinance classifies this type of lighting as Class III (Decorative Lighting) and states that it should be shielded. It is the opinion of staff that the proposed lighting for the project does not meet the intent of the ordinance and is not supported by staff. It appears the ground lighting is only intended to illuminate the school mascot logo. As an alternative, staff recommends that an ornamental sconce light be placed at the top of the recommended inset box above the logo thereby providing illumination to the logo in a downward direction rather than upward. Staff has conditioned the project to submit a revised lighting plan that conforms with the Mount Palomar Lighting Ordinance. Transportation Corridor Both sides of Winchester Road in the vicinity of the project site have been designated as a Transit Corridor. The corridor, which is an established easement located 25 feet beyond the Winchester road right-of-way line, is intended to provide for future mass-transit facilities along this State Highway. The proposed telecommunication facility will be located within this existing Corridor. Staff is unaware of any specific facilities planned to be constructed within the Corridor in the foreseeable future. However, Corridor standards require that property owners constructing structures within the boundary of the Corridor enter into a License Agreement for Encroachment. The Agreement requires the property owner to remove the structure/facility upon being noticed by the City. This has been made a recommended condition of approval. ENVIRONMENTAL DETERMINATION Staff has reviewed the project for compliance with the California Environmental Quality Act. Based R:\C U P\2001\Ol-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 3 on staff's review, the proposed project is eligible for a CEQA exemption (Class 32- In Fill Projects) pursuant to Section 15332 of the CEQA Guidelines based on the following reasons: . The proposed project is consistent the General Plan policies, as well as the Telecommunications Facility and Antenna Ordinance. . The site has been previously developed and has no value as habitat for endangered, rare, or threatened species. . The approval of the project will not result in any adverse effects related to traffic, noise, air quality or water quality. . The site is currently served by all required utilities and public services. SUMMARYICONCLUSIONS Staff believes the required findings necessary to approve a twenty-six foot high-unmanned wireless telecommunication facility in the Public Institutional zoning district can be made. The project, as proposed, is consistent with the Telecommunications Facility and Antenna Ordinance and complies with all applicable development standards of the Public Institutional zoning district. Staff believes the height of the proposed telecommunication facility is compatible with the surrounding environment. The internalization of the antennas in the facility structure makes them completely invisible from view from the public right of way. The design of the facility, including colors, materials and landscaping serves to achieve consistency with surrounding structures and land uses. The proposed Chaparral High School monument sign is non-regulated given that the City's Development Code does not specify sign standards within the Public Institutional zoning district. FINDINGS Conditional Use Permit (17.04.010E) 1. The proposed conditional use is consistent with the General Plan and the development code. Staff has reviewed the proposal and finds that the proposed conditional use permit is consistent with the City of Temecula General Plan and the applicable sections of the Development Code. The project as proposed meets the general requirements as outlined in the Telecommunications Facility and Antenna Ordinance. The facility shall be located outside of all yard and street setbacks specified in the Public Institutional zoning district. The facility, as proposed, has been designed to blend in with the surrounding environment. 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. As proposed, the telecommunication facility is designed so as to completely screen the antennas and associated equipment. The proposed facility is twenty-six feet high. This design and height is consistent with the existing built environment and will not adversely affect the adjacent buildings. 3. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning R:\C U P\2001\01-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 4 Commission or Council in order to integrate the use with other uses in the neighborhood. Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the proposed conditional use meets the zoning requirements for projects located within the Public Institutional zoning district. 4. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and welfare are safeguarded. The project as designed is inaccessible and will not create any concerns for the overall welfare of the community. 5. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Development Plan (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 of the city. The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wild life, or habitat on the project site, and the project will not affect any fish, wildlife, or habitat off-site. The site is surrounded by development and is an in-fill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposal is consistent with the land use designation and policies reflected for the Public Institutional Facilities (PI) development in the City of T emecula General Plan, as well as the development standards outlined the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed twenty-six foot high-unmanned wireless telecommunication facility. Attachments 1. PC Resolution - Blue Page 6 Exhibit A: Conditions of Approval for PA01-0572 (Conditional Use Permit) - Blue Page 10 2. Exhibits for PA01-0572 (Conditional Use Permit) - Blue Page 15 A. Vicinity Map B. Zoning Map C. General Plan Map D. Site Plan E. Elevations F. Landscape Plan G. Photo of Existing Chaparral High School Pylon Sign R:\C U P\2001\01.0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 5 ATTACHMENT NO.1 PC RESOLUTION NO. 2002- APPROVING PA01-0572 CONDITIONAL USE PERMIT R:\C U P\2001\01.0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 6 PC RESOLUTION NO. 2002-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0572, A CONDITIONAL USE PERMIT I DEVELOPMENT PLAN TO DESIGN, CONSTRUCT AND OPERATE A TWENTY-SIX FOOT HIGH, FOURTEEN FOOT WIDE, UNMANNED WIRELESS COMMUNICATION FACILITY HOUSING SIX ANTENNAS AND ASSOCIATED EQUIPMENT LOCATED ON THE CHAPARRAL HIGH SCHOOL CAMPUS AT 27215 NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NO. 911-760-007 WHEREAS, Marc Meyers, representing Compass Telecom, filed Planning Application No. 01-0572, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 01-0572 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. 01-0572 on August 7,2002, 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. 01-0572 subject to the conditions after finding that the project proposed in Planning Application No. 01-0572 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OFTHE CITY OFTEMECULADOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving Planning Application No. 01-0572 (Conditional Use Permit/Development Plan) hereby makes the following findings as required by Section 17.04.01 O.E and Section 17.05.01 O.F of the Temecula Municipal Code: Conditional Use Permit (17.04.010E) A. The proposed conditional use is consistent with the General Plan and the development code. Staff has reviewed the proposal and finds that the proposed conditional use permit is consistent with the City of Temecula General Plan and the applicable sections of the Development Code. The project as proposed meets the general requirements as outlined in the Telecommunications Facility and Antenna Ordinance. The facility shall be located outside of al/ yard and street setbacks specified in the Public Institutional zoning district. The facility, as proposed, has been designed to blend in with the surrounding environment. R:\C U P\2001\01-0572 Cingufar Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 7 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. As proposed, the telecommunication facility is designed so as to completely screen the antennas and associated equipment. The proposed facility is twenty-six feet high. This design and height is consistent with the existing built environment and will not adversely affect the adjacent buildings. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, 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. Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the proposed conditional use meets the zoning requirements for projects located within the Public Institutional zoning district. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and welfare are safeguarded. The project as designed is inaccessible and will not create any concerns for the overall welfare of the community. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Development Plan (17.05.01 OF) F. 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 design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wild life, or habitat on the project site, and the project will not affect any fish, wildlife, or habitat off-site. The site is surrounded by development and is an in-fill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. G. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposal is consistent with the land use designation and policies reflected for the Public Institutional Facilities (PI) development in the City of Temecula General Plan, as well as the development standards outlined the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed twenty-six foot high-unmanned wireless telecommunication facility. R:\C U P\2001\01-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 8 Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 01-0572 was made per the California Environmental Quality Act Guidelines Section 15332 (In- Fill Development Projects, Class 32). This project is an in-fill development and meets the following criteria: . The proposed project is consistent the General Plan policies, as well as the Telecommunications Facility and Antenna Ordinance. . The site has been previously developed and has no value as habitat for endangered, rare, or threatened species. . The approval of the project will not result in any adverse effects related to traffic, noise, air quality or water quality. . The site is currently served by all required utilities and public services. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 01-0572 (Conditional Use Permit) a request to design, construct and operate a twenty-six foot high-unmanned wireless telecommunication facility located on the southwest corner of Winchester Road and Nicolas Road and known as Assessors Parcel No. 911-760-007. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of August 2002. Dennis Chiniaeff, Chairperson 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 PC Resolution No. 2002-028 was duly and regularly adopted by the Planning commission of the City of Temecula at a regular meeting thereof held on the yth day of August, 2002, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: Guerriero, Mathewson, Olhasso, Telesio, and Chairman Chiniaeff None None None PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\C U P\2001\Ol.0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 9 EXHIBIT A CONDITIONS OF APPROVAL PA01-0572 CONDITIONAL USE PERMIT/DEVELOPMENT PLAN R:\C U P\2001\01-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Statf Report.doc 10 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No: 01-0572 (Conditional Use Permit!Development Plan) Project Description: A Conditional Use Permit!Development Plan to design, construct and operate a twenty-six foot high-unmanned wireless telecommunication facility housing six antennas and associated equipment on the Chaparral High School campus located at 27215 Nicolas Road. DIF Category: Exempt Assessor's Parcel No: 961-080-007 Approval Date: August 7, 2002 Expiration Date: August 7, 2004 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division 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). General Requirements 2. The permitteelapplicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, andlor any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 etseq., including but not by the way of limitations Section21152 and 21167). The City shall promptly notify the permitteelapplicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly R:\C U P\2001\01-G572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 11 notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. 3. All conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The development of the premises shall substantially conform to the approved Exhibits D (Site Plan), E (Elevations), F (Landscaping) contained on file with the Community Development Department - Planning Division. 8. The colors and materials for the project shall substantially conform to the colors and materials on the existing Chaparral High School Campus. 9. Additional mascot logo relief, i.e. insets and projections, shall be incorporated into all four elevations of the facility. The modifications shall be shown on the construction drawings. 10. The "Chaparral High School" sign and school mascot logo shall be incorporated into all four elevations of the facility. The improvements shall be shown on the construction drawings. 11. The location of the proposed telecommunications facility shall achieve a 20 ft. front yard setback (Nicolas Road) and 15 ft street side yard setback (Winchester Road) in accordance with Section 17.12.040 of the Development Code. Prior to the Issuance of Grading Permits 12. 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. 13. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. Prior to the Issuance of Building Permits 14. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. R:\C U P\2001\01-QS72 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 12 15. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted and approved by the Community Development Department - Planning Division. These plans shall conform substantially with the approved Exhibit "F", 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 cover page shall identify the total square footage of the landscaped area for the site. The plans shall show temporary irrigation and seeding for the Phase 1 B area. 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. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). 16. Landscaping construction plans shall show the continuous placement of large evergreen shrubs around the perimeter of the base of the facility structure. Minimum 15-gallon size shrubs shall be utilized so as to achieve immediate screening. 17. A maintenancelfacility removal agreement shall be signed by the applicant and submitted to the Planning Director. The agreement shall be in accordance with section 17.40.210 of the Telecommunications Facility and Antenna ordinance and shall comply with all provisions set forth in this section. 18. A License Agreement for Encroachment shall be signed by the applicant and submitted to the Planning Director. The agreement shall be in accordance with all provisions associated with the existing Transportation Corridor along Winchester Road. BUILDING AND SAFETY DEPARTMENT 19. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 20. Submit at time of plan review, complete exterior site lighting plans for the facility showing compliance with Ordinance No. 655 for the regulation of light pollution. All 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. 21. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. 23. Obtain Street addressing for all proposed buildings prior to submittal for plan review. R:\C U P\2001\01.0572 CingularWireless Telecommunications structure at Chaparral High School\Staff Report.doc 13 24. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 25. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 26. Provide electrical plan including load calculations and panel schedule and mechanical plan for plan review. 27. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 28. Show all building setbacks. 29. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, 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 Sunday or Government Holidays FIRE DEPARTMENT 30. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 31. Fire Department vehicle access roads shall maintain an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 32. During building construction, all locations where structures are to be built or altered shall maintain 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) 33. 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 firefighting personnel. (CFC 902.4) 34. Provide a 2A: 1 OBC fire extinguisher inside each building or temporary structure on the site. 35. 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) 36. 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 R:\C U P\2001\01-QS72 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 14 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) 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 Printed Name Applicant Signature R:\C U P\2001\01-0572 Cingular Wireless Telecommunications structure at Chaparral High School\Staff Report.doc 15