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HomeMy WebLinkAbout07_004 DH Resolution . DH RESOLUTION NO. 07-004 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0356, A DEVELOPMENT PLAN FOR A 3,259 SQUARE FOOT PEDESTRIAN BRIDGE FROM THE NORTHEAST CORNER OF MOTOR CAR PARKWAY OVER YNEZ ROAD, KNOWN AS ASSESSOR PARCEL NO. 921-680-023 AND 921- 720-015 Section 1. Abbott Cardiovascular Systems, Inc. filed Planning Application No. PA06- 0356, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. On October 22, 2002, the City Council of the City of Temecula adopted and certified a Mitigated Negative Declaration and a Development Agreement (PA02-0217). Section 3. Planning Application No. PA06-0356 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 4. The Planning Director, at a regular meeting, considered Planning Application No. PA06-0356 on April 19,2007 and on April 26, 2007, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 5. At the conclusion of the Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0356 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA06- 0356 conformed to the City of Temecula General Plan and Development Code (Subdivision, Development Agreement). Section 6. Findinqs. The Planning Director, in approving Planning Application No. PA06-0356 hereby makes the following findings as required by Section (17.05.010.F) of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City; The proposal is consistent with the land use designation and policies reflected for Industrial Park (IP) development in the City of Temecula General Plan. The proposed project is for the construction of a pedestrian bridge as part of the expansion of the Abbott industrial facilities. The site is properly planned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the bridge, including the site, circulation, and other associated site improvements, is intended to protect the health and safety of those working in and G:\Planning\2006\PA06-0356 Abbott Pedestrian Bridge ON'lanning\Final Reso.doc 1 around the site. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed project has been reviewed utilizing performance standards of the existing Development Agreement between the City and the Applicant. The proposed project meets the performance standards in regards to site plan and architectural design. Section 7. Environmental Findinqs. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan (PA06-0356): A. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Director has considered the proposed Development Plan. The Planning Director has also reviewed and considered the Mitigated Negative Declaration for the Development Agreement adopted by the City Council as Ordinance No. 02-10 on October 22, 2002, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Director finds that the proposed Development Plan does not require the preparation of a subsequent Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Director also finds that the proposed Development Plan does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Development Plan will have one or more significant effects not previously discussed. All potential environmental impacts associated with the proposed Development Plan are adequately addressed by the prior Mitigated Negative Declaration, and the mitigation measures contained in the Mitigation Monitoring Program will reduce those impacts to a level that is less than significant. A Notice of Determination pursuant to Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) is therefore the appropriate type of CEQA documentation for the Development Plan, and no additional environmental documentation is required. Section 8. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA06-0356, a Development Plan to construct a 3,628 square foot pedestrian bridge, as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2006\PA06-0356 Abbott Pedestrian Bridge DP\Planning\Final Reso.doc 2 PASSED, APPROVED AND ADOPTED by the City of Temecula Director y of April, 2007. Patrick Richardson, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-004 as duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 26th day of April, 2007. '- G:\Planning\2006\PA06-0356 Abbott Pedestrian Bridge DP\Planning\Final Reso.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0356 Abbott Pedestrian Bridge DP\Planning\Final Reso.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0356 Project Description: A Development Plan application to construct a 3,628 square foot pedestrian bridge from the northeast corner of Motor Car Parkway over Ynez Road. The bridge will provide a pedestrian connection from the new parking structure and future east campus facilities to the existing Abbott facilities on the west side of Ynez Road Assessor's Parcel No. 921-680-023 and 921-720-015 MSHCP Category: DIF Category: TUMF Category: Per the Development Agreement Per the Development Agreement Per the Development Agreement Approval Date: Expiration Date: April 26, 2007 April 26, 2012 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Eight Hundred and Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the previously approved Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicanVdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. G:IPlanning\2006IPA06-D356 Abbott Pedestrian Bridge DPIPlanninglFinal COA.doc 1 GENERAL REQUIREMENTS G:\Planning\2006IPA06-0356 Abbott Pedestrian Bridge DPIPlanninglAnal COA.doc 2 Planning Department 2. The applicant shall sign both copies of the final Conditions of Approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. Notwithstanding the forgoing, the permittee may in its discretion install security measures that it deems necessary in order to restrict access to authorized personnel. If a security measure would otherwise require City review and approval, permittee shall apply for and obtain such review and approval prior to installation. 5. This approval shall be used within five 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 five-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage. (Sign program may be required) 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material 25 mm Polycarbonate Panels Concrete Bents Color GE Lexan Thermoclear Natural Concrete G:\Planning\2006\PA06-Q356 Abbo<< Pedestrian Bridge DPIPlanninglFinal COA.doc 3 Structural Steel Elevator Tower Durnar XL Pewter To Match Dunn Edwards Lunar Stone 10. The bridge materials shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the bridge is not being maintained, the Planning Director shall have the authority to require the property owner to bring the bridge into conformance with the approved plan. The continued maintenance of all bridge materials shall be the responsibility of the developer or any successors in interest. 11. 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. 12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Public Works Department 13. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 14. 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. 15. 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. 16. The Applicant shall comply with the Development Agreement between the City of T emecula and Advanced Cardiovascular Systems, Inc. dated October 22, 2002. Building and Safety Department 17. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 18. Submit at time of plan review, complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. G:IPlanning\2006IPA06-0356 Abbott Pedestrian Bridge DPIPlanninglFlnal COA.doc 4 19. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 20. Obtain all building plans and permit approvals prior to commencement of any construction work. 21. Show all building setbacks. 22. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 23. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one. quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays 24. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 25. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 26. Please be advised of the following shell building/complete building policy in the City of Temecula when preparing plans for submittals. It is our recommendation that buildings with a known tenant or occupant be submitted as a complete building. Please consider the Building and Safety Department policy that follows these conditions in determining the course of your design work and subsequent submittal. 27. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department 28. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. G:IPlanning\2006IPA06-0356 Abbott Pedestrian Bridge DPIPlanninglFinal COA.doc 5 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2006lPA06-0356 Abbott Pedestrian Bridge DPIPlanninglFinal COA.doc 6 Planning Department 29. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 30. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. 31. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." Public Works Department 32. 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. 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. Illumination of the center column shall be shown on the electrical plans. 35. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works 36. 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. G:IPlanning\2006IPA06-0356 Abbott Pedestrian Bridge DPIPlanning\Final COA.doc 7 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlannlng\2006\PA06-Q356 Abbott Pedeslrian Bridge DPIPlannlnglFinal COA.doc 8 Planning Department 37. The applicant shall submit a photometric plan to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. 38. Building Construction Plans shall include details of the bridge materials and colors that match the style of the building and parking structure subject to the approval of the Planning Director. Public Works Department 39. The air space vacation documentation shall be approved and recorded. 40. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Relocation of all utilities associated with this project. 41. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Building and Safety Department 42. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Community Services Department 43. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. G:IPlanning\2006IPA06-Q356 Abbott Pedestrian Bridge DPIPlanninglFinal COA.doc 9 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\2006IPA06-Q356 Abbott Pedestrian Bridge DPIPianninglFinal COA.doc 10 Planning Department 44. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways subject to review and approval of the Director of Planning. 45. All primary site improvements shall be installed prior to occupancy or any use allowed by this permit. 46. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 47. A professional lighting analysis shall be prepared by a lighting engineer and a recommendation shall be provided and accepted by a Registered Traffic Engineer stating the professional opinion that the contrast between the signal indications and the illumination created by the bridge backlighting is sufficient. 48. Illumination of the center column shall be installed and operational. 49. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Department of Public Works 50. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 51. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. G:IPlanning\2006IPA06-Q356 Abbott Pedestrian Bridge OPIPlanninglFinal COA.doc 11 OUTSIDE AGENCIES G:\Planning\2006IPA06.0356 Abbott Pedestrian Bridge DPIPlanninglFinal COA.doc 12 52. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 2,2007, a copy of which is attached. 53. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 27,2007, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Date Applicant's Signature Applicant's Printed Name G:\Planning\2006IPA06.0356 Abbott Pedastrian Bridge OPIPlanninglFinal COA.doc 13 b. o CGJNTY OF RIVERSIDE . HEAL.1 SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH January 2, 2007 ""l U.rit . i,. .. .,. r. P, Jj<l,j \) ,J '''''lib' .It ',;7 ijl L ,-,~.. City.ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dana Schuma RE: Development Plan No. PA06-0356 By _..".... ... .._....__ f;t'b.~;'i ill ,;j,_"s.partment Dear Ms. Schuma: Department of Environmental Health has reviewed the development plan to construct a pedestrian bridge across Ynez at the comer of Motor Car Parkway and has no objections. EHS Local Enforcement' Agency. PO. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Enidneerinq . Po. Box 1206. -Riverside. CA 92502-1206 . 190919S's-R9RO . FAX /909\ %S-fNn.~ . 40Rn I pmnn Strppt ?nd Flnnr RiiIPr<:irh> rA q?IiOl l'r--, . ,<:":-, r-::~ ii -- '-: ~"-":"' .~",~ @ Rancho Water Board of Directors Ben R. Drake President Stephen J. Corona Sr. Vice President Ralph R Daily Lisa D. Herman John E. Hoacfand Michael R. McMillan WilUam E. Plummer Officers: Brian J. Brady General Manager Phillip L Forbes Assistant General Manager I Chief Financial Officer Eo P. "Bob- Lemons Director of Engineering PelTY R. Lou.ck Director of Planning Jeff D. Armstrong Controller Kelli E. Garcia District Secretary C. Michael Cowett Best Best &: Krieger LLP General Counsel r ' . l, , ' ,-" , ' , I I_,.~",~ December 27,2006 Bv_.-.,..,.~,.. ff.ll~i' i"'" :. ::,,;,C\! ,,,,2;,t Dana Schuma, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: PROPOSED PEDESTRIAN BRIDGE PARCELS NO.1 AND NO.2 OF PARCEL MAP NO. 23354 APN 921-680-014 AND APN 921-680-002 CITY PROJECT NO. P A06-0356 [ADVANCED CARDIOVASCULAR SYSTEMS, INC.] Dear Ms. Schuma: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). RCWD owns and operates three (3) cement mortar lined and coated steel water transmission pipelines within Ynez road, which are 12 inches, 20 inches, and 48 inches in diameter. It appears that the center support for the proposed bridge may conflict with one (1) or more of these water pipelines. The bridge plans must show these pipelines in plan view. If there is a conflict, a design must be developed to resolve it. Plans must be submitted to RCWD for review and approval. If you should have any questions, please call meat this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT C"~~ Development Engineering Manager cc: Laurie Williams, Engineering Services Supervisor 06\CW:at134\FEG Rancho California Water District