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HomeMy WebLinkAbout082907 PC Agenda .. I!a 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 (951) 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 29, 2007 - 6:00 P.M. ******** Next in Order: ResolutiolJ No. 07-29 CALL TO ORDER Flag Salute: Commissioner Harter RollCall: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be. enacted by'one roll call vote. There will be no discussion ofthese items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 1, 2007 R:\PLANCOMMlAgendas\2007\08-29-07.doc COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 PlanninQ Application Nos. PA06-0192 and PA06-0193. a Conditional Use Permit and Multi- Familv Residential Development Plan. submitted bv Sandra Parmlev. of BattaQlia. Inc. to convert 200 apartment units to condominiums, located on the southwest corner of Rancho California Road and MarQarita Road. Cheryl Kitzerow/Matt Peters. Associate Planner. 3 PlanninQ Application No. PA06-0329. a Development Plan. submitted bv Elias Alfata, to construct an 11.595 SQuare foot one-story office buildinQ. located on the east side of MarQarita Road. approximatelv 300 feet north of De Portola Road. Katie Le Comte. Assistant Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, September 5, 2007, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California: R:\PLANCOMMlAgendas\2007\08-29-07.doc 2 ITEM #1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION AUGUST 1, 2007 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, August 1, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Chairman Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners: Carey, Guerriero, Harter, Telesio, and Chairman Chiniaeff. Absent: None. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of July 18, 2007. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Telesio seconded the motion and voice vote reflected approval with the exception of Chairman Chiniaeff and Comrnissioner Harter who both abstained. COMMISSION BUSINESS 2 Plannino Application No. PA007-0130. a Findina of Public Convenience or Necessitv. submitted bv Michael Brewer of Alcoholic Beveraoe Consultino Services. to authorize a wine tastino facility in coniunction with the retail sales of beer and wine for the Temecula Valley Cheese Company, located at 42075 5th Street Assistant Planner LeComte provided a brief staff report (of record). R:\MinutesPCI080107 Mr. Michael Brewer, representing the Temecu/a Valley Cheese Company, noted that he would be available for any questions. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Telesio seconded the motion and voice vote reflected unanimous approval. PUBLIC HEARING ITEMS 3 Plannina Application No. PA03-0306. a Maior Modification. submitted bv Kenneth Kaplan/Front & Montezuma. LLC. for the renovation of an existino 25.000 souare foot commercial buildino and a Minor Exception for a 13 percent parkino reouirement reduction from 70 to 61 spaces. located at 27901 Jefferson Avenue at the southwest corner of Jefferson Avenue and Via Montezuma By way of PowerPoint Presentation, Associate Planner Schuma provided a staff report (of written material), highlighting on the following: . Project Description . Location . Site Plan . Existing Building . Elevations . Landscaping . Environmental Determination. In response to Chairman Chiniaeffs queries, Associate Planner Schuma noted that the applicant would own two of the parcels that staff is presenting tonight. At this time, the public hearing was opened. Mr. Michael Cargile, representing Montezuma, L.L.C., advised that the applicant sold the third parcel to the adjoining property owner retaining a right to the drainage easement across the rear of the sold property; that the applicant is working with staff on the .fiItration system to meet necessary state and county requirements as it relates to filtration of any surface water drainage from the property; and that the applicant will be working with staff to address any current and future drainage issues. Mr. Cargile also noted that there will be a grass swale that will act as a partial filter for any water runoff; and relayed that construction will begin at the end of 2007. For Commissioner Telesio, Deputy Director of Public Works York advised that Public Works. Condition of Approval No. 54 would require the developer to provide a drainage study which would also include any sand filters. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected unanimous approval. R:\MinutesPCI080107 2 PC RESOLUTION NO. 07-025 A RESOLUTION OF THE P~kNNING COMMISSION OF THE CITY OF TEMECULA APPRO~G PLANNING APPLICATION NOS. PA06-o306 AND PA07-0073, A MAJOR MODIFICATION TO RENOVATE THE EXTERIOR OF AN EXISTING 25,000 SQUARE FOOT COMMERCIAL BUILDING LOCATED AT 27901 JEFFERSON AVENUE, AND A MINOR EXCEPTION FOR A 13 PERCENT PARKING REQUIREMENT REDUCTION FROM 70 SPACES TO 61 SPACES (APN 921-050-003) 4 Plannina Application No. PA06-0313. a Development Plan, submitted bv Kenneth Kaplan/Front & Montezuma. LLC. for the construction of a 20.820 sauare foot industrial buildina. located on the south side of Via Montezuma west of Jefferson Avenue Associate Planner Schuma provided a PowerPoint presentation (of record), noting the following: . Location . Vacant Site . Elevations . Landscaping . Environmental Determination. Deputy Director of Public Works York advised that Public Works Condition of Approval No. 57 would include a sand filter. At this time, the public hearing was opened. Thanking Associate Planner Schuma for her efforts with regard to the two projects, Mr. Cargile, representing the applicant, noted that all drainage issues will be addressed by the developer. Director of Planning Ubnoske thanked the applicant for their efforts with regard to this project. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 07-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNiNG APPLICATION NO. PA06-0313, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A 20,820 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE SOUTH SIDE OF VIA MONTEZUMA, WEST OF JEFFERSON AVENUE (APN 921-050- 004 R:\MinutesPC\080107 3 5 Plannina Application No. PA07-0058 an Extension of Time for a Development Plan and Conditional Use Permit. submitted bv Mel Malkoff of Malkoff & Associates, for the construction and operation of St. Thomas of Canterburv Episcopal Church with preschool includina 30.473 total buildina sauare footaae on 3.75 acres. located at 44651 Avenida de Missiones Junior Planner Lowrey provided the Planning Commission with a staff report (of record), noting that no changes have been made since the previously approved application. At this time, the public hearing was opened. Mr. Mel Malkoff, representing Malkoff and Associates, would be hopeful to begin construction September 2007; and confirmed that the applicant would work with the city with regard to signage and right-of-way for the future Avenida de Missiones Bridge. As a point of clarification, Deputy Director of Public Works York noted that $150,000 has been funded in the Capital Improvement Program (CIP) for the Avenida de Missiones Bridge, noting that the bridge project will come forward sometime in the future. For the Planning Commission, Mr. Malkoff reiterated that the applicant is willing to work with staff with regard to any right-of-way issues that may arise in the future. MOTION: Commissioner Telesio moved to approve staff recomrnendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 07-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0058, A REQUEST FOR THE FIRST ONE-YEAR EXTENSION OF TIME (PA04-0394) FOR' A PREVIOUSLY APPROVED DEVELOPMENT PLAN CONDITIONAL USE PERMIT (PA04-0605) FOR THE CONSTRUCTION AND OPERATION OF ST. THOMAS OF CONSTRUCTION AND OPERATION OF ST. THOMAS OF CANTERBURY EPISCOPAL. CHURCH WITH PRE-SCHOOL INCLUDING APPROXIMATELY 30,473' TOTAL SQUARE FOOTAGE WHICH INCLUDES A SANCTUARY, PARISH HALL, MEETING ROOMS AND OFFICES ON 3.75 ACRES ZONED PROFESSIONAL OFFICE, GENERALLY LOCATED APPROXIMATELY 300 FEET SOUTH OF HIGHWAY 79 SOUTH AT 44651 AVENIDA DE MISSIONES (APN 961-290-003 AND 961-290-007) COMMISSIONERS' REPORTS A. Commissioner Carey expressed concern with homeless people loitering, consuming alcoholic beverages, and begging for money at the Wienerschinitzel/Shell Station on the lower 79 south. R:\MinutesPCI080107 4 B. Commissioner Telesio expressed his concern with city streets not being repaired by the developers who have been installing underground utilities. Deputy Director of Public Works York ensured Commissioner Telesio that any roads that have been dug up by developers will be repaired by the developer. PLANNING DIRECTOR'S REPORT Assistant City Manager Johnson advised the Commission that the pedestrian bridge (near Abbott) will be open in November 2007 and renderings will be provided at a future meeting for the Planning Commission to review. Commissioner Telesio relayed that after subcommittees are held he would request that information (minutes) with regard to the meeting be provided in the Planning Commission packet for the commission to review. ADJOURNMENT At 6:40 pm, Vice-Chairman Telesio formally adjourned to Auaust 15. 2007 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Debbie Ubnoske Director of Planning Dennis Chiniaeff Chairman R:\MinutesPCI080107 5 ITEM #2 DATE OF MEETING: PREPARED BY: PROJECT DESCRIPTION: RECOMMENDATION: CEQA: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 29, 2007 Cheryl Kitzerow/Matt Peters TITLE Associate Planners Planning Application No. PA06-0193, a Conditional Use Permit and Multi-Family Residential Development Plan to convert 200 apartment units to condominiums located at 30660 Milky Way Drive (Morning Ridge Apartments), and Planning Application No. PA06-0192, a one-lot Tentative Tract Map (TIM 34907) [8J Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial [8J Categorically Exempt (Section) 15301 (Class) Class 1 Existing Facilities o Notice of Determination (Section) o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\Pianning\2006lPA06-0192 Morning Ridge Condo Cony TTM\PlanninglPC STAFF REPORT.doc 1 PROJECT DATA SUMMARY Name of Applicant: Sandra Parmley Date of Completion: June 29, 2006 Mandatory Action Deadline Date: August 29, 2007 General Plan Designation: H, High Density Residential Zoning Designation: H, High Residential (13-20 du/ac) Site/Surrounding Land Use: Site: Existing Multi-Family Residential units and associated amenities North: South: East: West: Community Commercial, shopping center across Rancho California Road Low Medium Residential, existing single-family homes SP-3, Margarita Village Specific Plan, U.S. Post Office across Margarita Road Low Medium Residential, existing single-family homes Lot Area: 16.75 acres Total Floor Area/Ratio: N/A Landscape Area/Coverage: 435,837 square feet (60 %) Parking Required/Provided: 382 spaces required/429 spaces provided BACKGROUND SUMMARY Applications for a Development Plan, Conditional Use Permit and a Tentative Tract Map for Condominium Purposes were submitted on June 29, 2006. A DRC letter was mailed to the applicant on August 30, 2006 identifying staff concerns regarding private open space and storage, site improvements and amenities, lighting and CC&Rs. The applicant submitted revised plans on January 29,2007, May 3,2007 and .June 26, 2007. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. G:IPlanning\2006IPA06.0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 2 ANALYSIS The existing 200-unit apartment complex was constructed in 1989. The project consists of 25 two-story units, two cabana/laundry buildings totaling 460 square feet each, an additional 236 square foot laundry building and a 1,685 square foot fitness/leasing building. The structures are wood-frame with stucco exteriors, wood trim and railings, and concrete "S" tile roof material. The unit mix consists of 48 one-bedroom, one-bath units; and 152 two-bedroom, two-bath units ranging in size from 628 square feet to 900 square feet. Existing amenities on the site include three pools, three spas, and a tennis court. Proposed amenities include a fitness par course, barbeque facilities at the pools and par course, children's play structure and a volleyball court. All units will include washer and dryer units to be provided by the applicant. The 24-foot wide driveways meet the minimum access requirements of the Fire Department. The existing development currently meets all development standards of the "H" zone, including setbacks, maximum building height, and parking. A total of 218,724 square feet (30%) of landscape/open space is required in the "H" zone anil 435,837 square feet (60%) is currently provided. The Subdivision Ordinance requires each unit provide 150 cubic feet of storage. This requirement will be met on the porches/balconies of each unit with the proposed relocation of the washer/dryer units from the balcony to the interior of the unit, as well as the replacement of the water heaters with tankless units. Each unit also includes private usable open space (porches or balconies) which range in size from 67 square feet to 72 square feet. All of the 200 units do not meet the Development Code requirement for 150 square feet of private open space per unit. In order to compensate for this, staff has required the provision of additional on-site amenities as described above. With the additional amenities, staff does not believe this is an issue of concern since the proposal involves an as-built condition and the requirementfor additional private open space is not a health and safety issue. As constructed and with the proposed amenities, the project meets the intent of the Development Code with regard to open space and providing for a positive quality of life. The General Plan land use designation on the subject site is High Density Residential, which allows up to 20 dwelling units per acre. The project density of 12 du/acre (200 existing units on 16.75 acres) is less than the maximum density permitted under the "H" designation. The applicant is requesting to convert the project to condominiums to allow the sale of individual units. No additional units are proposed. The Housing Element of the General Plan does not contain specific goals or policies specifically related to condominium conversions, but the Housing Element identifies goals regarding the provision of a diversity of housing opportunities. This project could contribute to first-time homebuyers' goals and programs. The proposed condominium conversion would contribute toward the enhancement of purchasing opportunities for first-time homebuyers and is not expected to significantly affect the availability of rental stock in the City. A Building and Site Evaluation was prepared by Building Analytics dated May 26, 2006. Although the development is approximately 18 years old, the Building and Site Evaluation indicates that the property is in overall good condition and has been adequately maintained. A Pest Report was prepared on May 9, 2006. The report identified dry wood termite damage, fungus damage, and excessive moisture/water damage in several locations. Staff has included a Condition of. Approval (Development Plan COA No.8) that all of the recommendations listed in the report be completed prior to the sale of the first unit. G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 3 The applicant has submitted a Statement of Repairs and Improvements dated July 25, 2007 (included as Attachment 5). Completion of each of these items has been included as a Condition of Approval (Tentative Tract Map COA No. 19). The completion of each of these upgrades would provide the new homeowners with well-maintained, attractive surroundings that would be similar to that found in other new, condominium developments. Section 16.21 (Common Interest Development Conversions) of the Subdivision Ordinance and the Subdivision Map Act require that all existing tenants of the apartment complex be given written notification of the intent to convert the units to condominiums. The applicant provided proof of certified mail that all existing and new tenants have been notified of the intent to convert the units to condominiums. The Subdivision Map Act requires that tenants be given an exclusive right to purchase his or her unit. The offer shall be at the same terrns initially offered to the general public. This would ensure that as few tenants as possible would be involuntarily displaced. This requirement has been incorporated as a Condition of Approval (Tentative Tract Map COA No. 28). The Municipal Code requires the applicant to submit a draft Homeowner's Association Budget and anticipated sales price for each unit. The Homeowner's Association Budget was prepared by Vigen Onany & Associates, Inc., dated June 14, 2006. The report anticipates a monthly fee of $291.00 per unit. The applicant estimates sale prices for the units to range frorn $225,000 to $285,000 based on the current market. Per Section 16.21.080(A)(1), the Code Enforcement Division performed an inspection of the property to determine conformance with the Development Code and Municipal Code. While there are no active Code Enforcement violations on the subject site, there are several items noted during the Code Enforcement inspection that were recommended property improvements in order for the site to meet all requirements of the Development Code. These items include deteriorating asphalt, trash enclosure lattice, stairwell railings and perimeter wrought iron fencing. These items are included in the applicant's Statement of Repairs and will be completed prior to Final Map recordation (Tentative Tract Map COA No. 34). The project has been fairly well maintained in the past, and staff feels that based on the proposed improvements, repairs and upgrades, the size of the project, and the fact that the conversion meets the requirements of the Subdivision Map Act and the Development Code, the project is well suited to be converted to individual condominiums. Staff supports the proposed conversion of the units to condominiums, since the development meets all current development standards of the "H" zone and requirements of the Subdivision Ordinance, the Homeowner's Association would have 200 members which would help to ensure financial viability of the project, and repairs and improvements would be made to the development and each unit which would improve their desirability and durability. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 18, 2007 and mailed to the property owners within the required 600-foot radius. In addition, each tenant was mailed a public hearing notice and copy of the staff report. G:\Planning\2006IPA06-0192 Morning Ridge Condo Cony TTMIPlanninglPC STAFF REPORT.doc 4 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. (Section 15301, Class 1 Existing Facilities). CONCLUSION/RECOMMENDA TION Staff has determined thilt the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve Development PlanlConditional Use Permit PA06-0193 and Tentative Tract Map No. 34907 PA06-0192, based upon the findings and with the attached Conditions of Approval. FINDINGS Development Plan (Code 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 High Density (H) Residential development in the City of Temecula General Plan. The existing residential aparlment complex would be converled to ownership condominium units under this proposal. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code. 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 the City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Conditional Use Permit (Code Section 17.040.010E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. The proposal for converling 200 existing residential units to condominium units is consistent with the land use designation and policies reflected for the High Density Residential (H) land use designation within in the City of Temecula's General Plan, as well as the development standards for the High Density Residential (H) zone of the City G:IPianning\2006IPA06-0192 Morning Ridge Condo Con;' TTMIPlanninglPC STAFF REPORT.doc 5 of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed for-sale residential condominium use. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed condominium use against the adjacent land uses and has delermined that the proposed use will be consistent with the surrounding uses. The project will converl existing aparlments into for sale residential condominiums. Adjacent uses include single family residences which is compatible. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, arid 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. Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements with the exception of private open space. Each unit also includes private usable open space (porches or balconies) which range in size from 67 square feet to 72 square feet. All of the 200 units do not meet the Development Code requirement for 150 square feet of private open space per unit. In order to compensate for this, staff has required the provision of additional on-site amenities as described above: With the additional amenities, staff does not believe this is an issue of concern since the proposal involves an as-built condition and the requirement for additional private open space is not a health and safety issue. As constructed and with the proposed amenities, the project meets the intent of the Development Code with regard to open space and providing for a positive quality of life. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Staff has reviewed the proposed condominium use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Deparlment in an emergency situation. Tentative Tract Map (Code Section 16.09.140) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, Subdivision Ordinance and the City of Temecula Municipal Code. G:IPlanning\2006IPA06-Q192 Mornin9 Ridge Condo Cony TTMIPlanninglPC STAFF REPORT.doc 6 The proposed subdivision is a Tentative Tract Map for residential condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single lot with individual owners of each unit. 2. The Tentative Map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conservation nor is the land or surrounding land used for agricultural purposes. 3. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Tract Map. The site is developed at a density of 12 dwelling units per acre where the maximum density is 20 units per acre. The project site will function as a single lot, which allows for, required access, circulation and improvements, however the individual residential condominium units will be individually owned. 4. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project site is developed within an urban area and no wildlife or habitat are found on or adjacent to the project site. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. . The design of the subdivision and the type of improvements are not likely to cause serious public health problems because development will be inspected by City Staff prior to occupancy to ensure all improvements are constructed in a manner consistent with City of TemecuJa standards. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. G:IPlanning\2006IPA06-0192 Morning Ridge Condo Cony TTMIPlanninglPC STAFF REPORT.doc 7 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the allernate easements which are substantially equivalent to those previously acquired by the public will be provid&d because required off-site dedications and improvements have been provided or will be acquired as Conditions of Approval. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Condominium conversions are not required to dedicate parkland or fees/requirements (Quimby), therefore the project is consistent with the City's Parkland dedication requirements. Common Interest Development Conversion (Code Section 16.21.140) 1. All provisions of the Chapter are met. The proposed condominium conversion complies with all requirements of Chapter 16.21 of the Temecula Subdivision Ordinance. All required information has been submitted by the applicant and all other requirements have been included in the project plans or Conditions of Approval. 2. The proposed conversion is consistent with the goals, objectives, policies, generallar.d uses and programs specified in the Temecula General Plan including the Housing Element, and with any applicable Specific Plan. The proposed conversion is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. While the Housing Element of the General Plan does not contain specific goals or policies specifically related to condominium conversions, it identifies goals regarding the provision of a diversity of housing opportunities. This project could contribute to first-time homebuyers' goals and programs. The proposed condominium conversion would contribute toward the enhancement of purchasing opportunities for first-time home buyers and is not expected to significantly affect the availability of rental stock in the City. 3. The proposed conversion will. conform to the Temecula Municipal Code in effect at the time of Tentative Map and Development Plan approval, except as otherwise provided in this Chapter. G:IPlanning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 8 The proposed condominium conversion conforms to the Temecula Municipal Code and complies with all requirements of Chapter 16.21 of the Temecula Subdivision Ordinance and is subject to all requirements in effect on the approval date of the Tentative Map and Development Plan. 4. The overall design, physical condition and amenities of the condominium conversion are consistent with those associated with condominiurn developments throughout the City and such elements achieve a high degree of appearance, quality and safety. As proposed and with the implementation of Conditions of Approval, the project design, physical condition and amenities are consistent with those associated with condominium developments throughout the City. The project has been fairly well maintained in the past, and with the proposed improvements, repairs and upgrades, the size of the project, and the fact that the conversion meets the requirements of the Subdivision Map Act and the Development Code, the project is well suited to be converted to individual condominiums. 5. The proposed project will not convert, during the current calendar year, more than five percent of the potentially convertible rental units in Temecula for the current calendar year except as otherwise provided in Chapter 16.21 of the Municipal Code. The proposed project involves the conversion of 200 apartment units (rentals). This conversion is the only approved to date during the current calendar year (2007). The 200 units represent 0.04 percent of the potentially convertible rental units in Temecula (based on 2007 DOF estimate of 5,399 existing multifamily rental units). 6. There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion. Staff has not received any correspondence from the public or residents of the subject property to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion. 7. There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve th'e conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled. Staffhas not received any correspondence from the public or residents of the subject property to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled. ATTACHMENTS 1. Vicinity Map - Blue Page 11 2. Plan Reductions - Blue Page 12 G:IPlanning\2006IPA06-0192 Morning Ridge Condo Cony TTMIPlanninglPC STAFF REPORT.doc 9 3. PC Resolution 07-_ - Blue Page 13 Exhibit A - Draft Conditions of Approval (DP/CUP) 4. PC Resolution 07-_ - Blue Page 14 Exhibit A - Draft Conditions of Approval (TTM) 5. Statement of Repairs - Blue Page 15 6. Building and Site Evaluation Useful Life Analysis - Blue Page 16 7. Notice of Public Hearing - Blue Page 17 G:\Planning\2006\PA06-0192 Morning Ridge Con'do Cony TTM\Planning\PC STAFF REPORT.doc 10 ATTACHMENT NO.1 VICINITY MAP G:IPlanning\2006IPA06-Q192 Morning Ridge Condo Cony TTMIPlanninglPC STAFF REPORT.doc 11 , c ,;; , ,r '" ~ ,'i! '" c d !,} .0/ .,. LONG VALLEY DR ~ o " ~ w r ~ " o z 0"" ~\..\!>- 0,<0 ~"\I'- ~~. 0: 'I" ". /Q~. ., J1?"/ ^ / ,,~'Of)., \,// ')(~ ,/0't',... "" // '\',-,/ /: //' ~', ' tZ \,/ '~~'-' /,~" /' , .' <0 / ,..-' '/ //"~""", ",0, \,/ /';.~' , -'" .' \ ~ ~L 0: o 140pY' 260 ,--.._t:::ilK -, . , ~ f.Y O~ " 6' .,. ^tUMBER OR ci' " ,ff. !I' Ii: ~ fiOll YBERRY IN t; W W " ~ <. 'W ~ I~ON BARKeT 0< '1t(/e~ 0" 'N\<,ON RO Reo RIVER CIR MILKy WAy , OiT RANCHO C41...IFORNIA. 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" o z ~ ~ ATTACHMENT NO.3 PC RESOLUTION NO. 07-_ (DP/CUP) G:IPlanning\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 13 PC RESOLUTION NO, 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0193, A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO CONVERT 200 APARTMENT UNITS TO CONDOMINIUMS (MORNING RIDGE APARTMENTS) ASSOCIATED WITH PLANNING APPLICATION NO.PA06-0192, A TENTATIVE TRACT MAP TO CREATE A ONE-LOT RESIDENTIAL CONDOMINIUM, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD (APN 944-220-003) Section 1. Procedural Findinqs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 29, 2006, Sandra Parmley, filed Planning Application No. PA 06- 0193, Development Plan and Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 29, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Applicatiorl No. PA06-0193 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan (Code Section 17.05.010F) A. . The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of Sate law and other ordinances of the City; The proposal is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. The existing residential apartment complex would be converted to ownership condominium units under this. proposal. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code. I G:\Planning\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc B. 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 the City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Developrnent Code; The proposal for converting 200 existing residential units to condominium units is consistent with the land use designation and policies reflected for the High Density Residential (H) land use designation within in the City of Temecula's General Plan, as well as the development standards for the High Density Residential (H) zone of the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed for-sale residential condominium use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed condominium use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The project will convert existing apartments into for sale residential condominiums. Adjacent uses include single family residences which is compatible. C. The site for a proposed conditional use is adequate in size and shape to accommo<;late the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements with the exception of private open space. Each unit also includes private usable open space (porChes or balconies) which range .in size from 67 square feet to 72 square feet. All of the 200 units do not meet the Development 2 G:\Planning\2006\PA06-0193 Morning Ridge Condo Conv Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc Code requirement for 150 square feet of private open space per unit. In order to compensate for this, staff. has required the provision of additional on-site amenities as described above. With the additional amenities, staff does not believe this is an issue of concern since the proposal involves an as-built condition and the requirement for additional private open space is not a health and safety issue. As constructed and with the proposed amenities, the project meets the intent of the Development Code with regard to open space and providing for a positive quality of life. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; Staff has reviewed the proposed condominium use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Deparlment in an emergency situation. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15301 Class 1, Existing Facilities). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No, PA06-0193, a Conditional Use Permit and Multi- Family Residential Development Plan to convert 200 apartment units to condominiums, located at the southwest corner of Rancho California Road and Margarita Road (Morning Ridge Apartments) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 G:\Planning\2006\PA06-0193 Morning,Ridge Condo Cony Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc Section 5. PASSED, APPROVED AND ADOPTED by the City .of Temecula Planning Commission this 29th day of August 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CAliFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 29th day of August 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary 4 G:\Planning\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL 5 G:\Planning\2006\PAO~OI93 Morning Ridge Condo Conv Multi Family Res D~v\Planning\,PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No,: PA06-0193 Project Description: A Conditional Use Permit and Multi-Family Residential Development Plan application to convert 200 apartment units to condominiums located at 30660 Milky Way Drive and associated with a one-lot Tentative Tract Map (TIM 34907) under Planning Application No, PA06-0192 Assessor's Parcel No, 944-220-003 MSHCP Category: DIF Category: Exempt Residential Attached (for any new construction) TUMF Category: Not applicable (no additional residential units) Approval Date: August29,2007 Expiration Date: August 29, 2009 . WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 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. / G:IPlanning\2006IPA06.Q193 Moming Ridge Condo Cony Multi Family Res DevlPlanninglDraft COAs.doc 1 GENERAL REQUIREMENTS G:\Planning\2006\PA06-Q193 Morning Ridge CondoConv Multi Family Res Dev\Planning\Draft COAs.doc 2 Planning Department 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 project. 5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within 30 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. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 8. Prior to the opening of the sales office, the applicant shall provide documentation' that all recommendations in the Pest Report dated May 9, 2006 have been completed. 9. This approval is contingent upon the approval and recordation of Final Map for Tract No. 34907 (PA06-0192). 10. The par course shall be modified to have a circular configuration (loop design). 11. The developer shall provide each purchaser with a copy of all Planning Department application submittals (physical elements report, pest report, soils report, statement of repairs, Declaration of CC&R's, and Department of Real Estate Budget) prior to said purchaser executing any purchase agreement or other contract to purchase a unit, and the developer shall give the purchaser sufficient time to review said information. Copies of said documents shall be made available at all times at the sales office and notice indicating availability of such reports shall be posted on-site. Copies of reports shall be provided to the Horneowners' Association upon its formation. G:\Planning\2006\PA06...Q193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\Draft COAs.doc 3 12. Prior to the opening of the sales office, the subdivider shall submit the following information to the Planning Department: a. Name, address and phone number of Homeowners' Association b. Actual sales price of units c. Actual Homeowners' Association fee d. Number of prior tenants who intend to purchase units e. Number of units purchased with intent to be used as rentals 13. Developer shall provide suitable alternative housing to tenant households at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable. The final determination of habitability and suitability shall be made by the City of Temecula Department of Building and Safety. 14. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. 15. 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. 16. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 17, In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 18. All of the foregoing conditions shall be complied with prior to any use allowed by this permit. Building and Safety Department 19. 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 G:\Planning\2006\PAOS-D193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\Draft COAs.doc 4 California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. (For any proposed work as applicable to conversion ). 20. Subrnit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. (For any proposed work as applicable to conversion). . 21. Prior to the approval of the final map, a physical inspection of the project site, including each individual unit, shall be made by the City Building and Safety Department and Planning Department. Such inspection shall be made to ensure compliance with all applicable Conditions of Approval as specified in the Tentative Map and Conditional Use Permit approval, and shall include any work deemed to have been performed without a permit. All such corrections shall be made prior to the approval of the final or parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project: a. Health and Safetv: Each bathroom in each living unit shall be provided with ground fault circuit interrupters. b. Smoke Detectors: Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards as adopted by the City. c. Maintenance of Fire Protection Systems: All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times. d. Shock Mountina of Mechanical Eouipment: All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief Building Official. e. Noise Standards: The structure shall Gonform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. For any proposed work as applicable to conversion. 23. Show all building setbacks. 24. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. G:\Planning\2006\PA06.0193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\Oraft CQAs.doc 5 . 25. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 ,1998). (For any proposed work as applicable to conversion). 26. At Plan Review Submittal, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. (For any proposed work as applicable to conversion). 27. At Plan Review Submittal, provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. (For any proposed work as applicable to conversion). Fire Prevention 28. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 29. The buildings will be required to be sprinklered. The fire sprinkler riser and fire alarm control panel need to be located in the same room. There needs to be 18-inches of clearance on both sides and the front of the fire sprinkler risers. Please show sprinkler riser room on plans. 30. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A) and Temecula Municipal Code 15.16.020). 31. 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). 33. The Applicant shall comply with the Public Art Ordinance. 34. All parkways, landscaping, recreational facilities, fencing and on site lighting shall be maintained by a maintenance association. 35. The CC&R's shall be reviewed and approved by TCSD. G:IPlanning\20061PA06-o193 Morning Ridge Condo Conv Multi Family Res DevlPlanninglDraft COAs.doc 6 PRIOR TO BUILDING PERMIT ISSUANCE G:\Planning\2006\PA06-0193 Morning Ridge Condo Conv Multi Family Res Dev\Planning\Draft COAs.doc 7 Fire Prevention 36. Prior to building permit, 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). Building and Safety Department 37. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 38. Prior to Beginning Construction, a pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department 39. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee rnay haul construction and demolition debris. G:\Planning\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\Draft COAs.doc 8 PRIOR TO CERTIFICATE OF OCCUPANCY G:\Planhing\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\Oraft COAs.doc 9 Fire Prevention 40. 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). 41. 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. Multi-family residential shall have a minimum twelve (12) inches numbers on the building. 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). 42. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 43. 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). 44. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC 902.4). 45. 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. Community Services Department 46. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. 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\2006\PA06-0193 Morning Ridge Condo Cohv Multi Family Res Dev\Planning\Draft COAs.doc 10 ATTACHMENT NO.4 PC RESOLUTION NO. 07-_ (TTM) G:IPlanning\2006IPA06-Q192 Mornin9 Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 14 PC RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA A~PROVING PLANNING APPLICATION NO, PA06-0192, A TENTATIVE TRACT MAP TO CREATE A ONE-LOT RESIDENTIAL CONDOMINIUM ASSOCIATED WITH PLANNING APPLICATION NO. PA06-0193, A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO CONVERT 200 APARTMENT UNITS TO CONDOMINIUMS (MORNING RIDGE APARTMENTS), GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD (APN 944-220-003) Section 1. Procedural Findinqs. The Planning Commission of the City of Temecula does hereby find, deterrnine and declare' that: A. On June 29, 2006, Sandra Parmley, filed Planning Application No. PA 06- 0192, Tentative Tract Map, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 29, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0192 subject to and based upon the findings set forth hereunder. E. Ail legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinqs. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Tract MaD (Code Section 16.09,140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, Subdivision Ordinance and the City of Temecula Municipal Code; The proposed subdivision is a Tentative Tract Map for residential condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single lot with individual owners of each unit. I . G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc B. The Tentative Map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conservation nor is the land or surrounding land used for agricultural purposes. C. The site is physically suitable for the type and proposed density of. development proposed by the Tentative Map; The site is physically suitable for the type and proposed density of development proposed by the Tentative Tract Map. The site is developed at a density of 12 dwelling units per acre where the maximum density is 20 units per acre. The project site will function as a single lot, which allows for, required access, circulation and improvements, however the individual residential condominium units will be individually owned. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project site is developed within an urban area and no wildlife or habitat are found on or adjacent to the project site. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The design of the subdivision and the type of improvements are not likely to cause serious public health problems because development will be inspected by City staff prior to occupancy to ensure all improvements are constructed in a manner consistent with City of Temecula standards, F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision p;nvides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. 2 G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc G. The design of the subdivision and the type of irnprovernents will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided because required off-site dedications and improvements have been provided or will be acquired as Conditions of Approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); Condominium conversions are not required to dedicate parkland or fees/requirements (Quimby), therefore the project is consistent with the City's Parkland dedication requirements. Common Interest Development Conversion (Code Section 16.21.140) A. All provisions of the Chapter are met; The proposed condominium conversion complies with all requirements of Chapter 16.21 of the Temecula Subdivision Ordinance. All required information has been submitted by the applicant aOO all other requirements have been included in the project plans or Conditions of Approval. B. The proposed conversion is consistent with the goals, objectives, policies, general land uses and programs specified in the Temecula General Plan including the Housing Element, and with any applicable Specific Plan; The proposed conversion is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. While the Housing Element of the General Plan does not contain specific goals or policies specifically related to condominium conversions, it identifies goals regarding the provision of a diversity of housing opportunities. This project could contribute to first-time homebuyers' goals and programs. The proposed condominium conversion would contribute toward the enhancemel7t of purchasing opportunities for firsHime homebuyers and is not expected to significantly affect the availability of rental stock in the City. C. The proposed conversion will conform to the Temecula Municipal Code in effect at the time of Tentative Map and Development Plan approval, except as otherWise provided in this chapter; J G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TIM\Planning\PC RESOLUTION EXEMPT FROM CEQAdoc The proposed condominium conversion conforms to the Temecula Municipal Code and complies with all requirements of Chapter 16.21 of the Temecula Subdivision Ordinance and is subject to all requirements in effect on the approval date of the tentative map and development plan. D. The overall design, physical condition and amenities of the condorniniurn conversion are consistent with those associated with condominium developments throughout the City and such elements achieve a high degree of appearance, quality and safety; As proposed and with the implementatio1'1 of Conditions of Approval, the project design, physical condition and amenities are consistent with those associated with condominium developments throughout the City. The project has been fairly well maintained in the past, and with the proposed improvements, repairs and upgrades, the size of the project, and the fact that the conversion meets the requirements of the Subdivision Map Act and the Development Code, the project is well suited to be converted to individual condominiums. E. The proposed project will not convert, during the current calendar year, more than five percent of the potentially convertible rental units in Temecula for the current calendar year except as otherwise provided in Chapter 16.21 of the Municipal Code; The proposed project involves the conversion of 200 apartment units (rentals). This conversion is the only approved to date during the current calendar year (2007). The 200 units represent 0.04 percent of the potentially convertible rental units in Temecula (based on 2007 DOF estimate of 5,399 existing multifamily rental units), F. There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion; Staff has not received any correspondence ftom the public or residents of the subject property to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion. G. There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled; Staff has not received any correspondence from the public or residents of the subject property to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled, 4 O:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTM\Planning\PC RESOLUTION EXEMPT FROM CEQAdoc Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15301 Class 1, Existing Facilities). Section 4. Conditions. The Planning Commission of the City of Ternecula approves Planning Application No. PA06-0192, a Tentative Tract Map to create a one- lot residential condominium, located at the southwest corner of Rancho California Road and Margarita Road (Morning Ridge Apartments) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 5 G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv1TM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 29th day of August 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CAliFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07- was duly and regularly adopted by the Planning Commission of the City of Ternecula at a regular meeting thereof held on the 29th day of August 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary 6 G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL 7 G:\PJanning\2006\PA06-0192 Morning Ridge Condo Conv TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0192 Project Description: A one-lot Tentative Tract Map (TTM 34907) for condominium purposes to convert 200 apartment units to condominiums located at 30660 Milky Way Drive and associated with a Conditional Use Permit and Multi- Family Residential Development Plan under Planning Application No, PA06-0193 Assessor's Parcel No, 944-220-003 MSHCP Category: Exempt DIF Category: Residential Attached TUMF Category: Not applicable (no new residential units proposed) Approval Date: August 29, 2007 Expiration Date: August 29, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Division 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 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. G:IPlannin9\2006IPA06-0192 Mornin9 Ridge Condo Conv TTMIPlanninglDraft COA-TENT MAP.doc 1 GENERAL REQUIREMENTS G:IPlanning\2006\PA06-Q192 Morning Ridge Condo Conv TTM\PlanninglDraft COA-TENT MAP.doc 2 Planning Department 3. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modifiedby the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 4. 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. 5. If Subdivision phasing is proposed, a phasina plan shall be submitted to and approved by the Planning Director. 6. A Homeowners' Association may not be terminated without prior City approval. 7. This approval is contingent on the approval of Planning Application No. PA06-0193 and related Conditions of Approval. Public Works Department 8. It is understood that the Developer correctly shows on the Tentative Map all existing and proposed easements, traveled ways, improvernent constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 9. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of way. 10. 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. 11. All improvement plans, grading plans, landscape and irrigation 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. G:IPlanning\2006IPA06-0192 Morning Ridge Condo Cony TTMIPlanninglDraft COA- TENT MAP.doc 3 Fire Prevention 12. Final fire and life safety conditions will be addressed when building plans are reviewed by the. Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 13. The buildings will be required to be sprinklered. The fire sprinkler riser and fire alarm control panel need to be located in the same room. There needs to be 18 inches of clearance on both sides and the front of the fire sprinkler risers. Please show sprinkler riser room on plans. 14. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A) and Temecula Municipal Code 15.16.020. 15. 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). Building and Safety Department 16. 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. (For any proposed work as applicable to conversion). 17. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. (For any proposed work as applicable to conversion ). 18. Obtain all building plans and permit approvals prior to commencement of any construction work. (For any proposed work as applicable to conversion). 19. Show all building setbacks. 20. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systerns when a house rneter is not specificaily proposed. G:IPlanning\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanninglOraft COA-TENT MAP.doc 4 . 21. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 ,1998). (For any proposed work as applicable to conversion). 22. At Plan Review Submittal, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. (For any proposed work as applicable to conversion). 23. At Plan Review Submittal, provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. (For any proposed work as applicable to conversion). 24. A pre-construction meeting is required with the building inspector prior to the start of the building construction. G:IPlanning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglDraft COA-TENT MAP.doc 5 PRIOR TO RECORDATION OF THE FINAL MAP G:\Planning\2006IPA06-0192 Morning Ridge Condo Cony TTM\PlanninglOraft COA-TENT MAP.doc 6 Planning Department 25. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within 30 rniles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute ofTechnology, Palomar Observatory recommendations, Ordinance No. 655. c. A copy of the recorded Covenants, Conditions, and Restrictions (CC&R's): i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of rnaintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials aeem necessary to protect the interests of the City and it's residents. iv. The CC&R's and Articles of Incorporation of the Property Owners' Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&R's shall include a plan for equitable sharing of gas and water utilities. viii. The CC&R's shall provide that the association may not be terminated without prior City approval. ix. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after rnaking due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any rnaintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. x. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. G:IPlanning\2006IPA06-0192 Mornin9 Ridge Condo Cony TTMIPianninglOraft COA-TENT MAP.doc 7 xi. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. 26. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 27. Developer shall provide the Planning Department with a copy of Warranty Insurance covering equipment and appliances pursuant to Section 16.21.080 (B) (10) of the Temecula Subdivision Ordinance. 28. Developer shall provide all present tenants with. notice of an exclusive right to contact for the purchase of his or her respective unit and upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted to the Planning Department. 29. Developer shall provide satisfactory evidence to the Planning Department that a long term reserve fund for replacement and repair has been established in the name of the Homeowners' Association. Such fund shall equal at least two times the estirnated monthly homeowner's assessment for each dwelling unit, or an amount otherwise required by law. 30. Each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion. Evidence of receipt by each tenant shall be submitted to the Planning Department. 31. Developer shall provide copy of Public Report submitted to Department of Real Estate to the Planning Department for our files. 32. Each tenant shall receive ten days written notice that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request from the Planning Department. Evidence of receipt by each tenant shall be submitted to the Planning Department. . 33. All buildings, fences, patio enclosures, carports, sidewalks, driveways, and landscaped areas shall be in adequate condition consistent with a newly constructed project. The developer shall contact the Planning Department for inspection. The developer shall provide the Homeowners' Association andlor purchaser a one year warranty on all physical improvements required by this condition. G:\Planning\2006IPA06-0192 Morning Ridge Condo Cony TTMIPlanninglDraft COA-TENT MAP.doc 8 34. . All repairs and improvements listed in applicant's Statement of Repairs and Improvements dated July 25,2007 (attached) and Remaining Useful Life Analysis (attached) (included in the staff report as Attachment 5 and Attachment 6) shall be completed to the satisfaction of the Planning and Building Departments. 35. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. 36. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of SO inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 37. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 38. Developer shall contact Planning Department to schedule physical inspection of project site, including each individual unit. 39. All of the foregoing conditions shall be complied with prior to any use allowed by this permit. Public Works Department Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 40. 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. City of Temecula Fire Prevention Bureau d. Planning Department e. Department of Public Works f. Community Services District g. Southern California Edison Company h. Southern California Gas Company G:IPlanning\2006IPA06-0192 Morning Ridge Condo Cony TTMIPlanninglOraft COA-TENT MAP.doc 9 41. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 42. Relinquish and waive right of access to and from-Milky Way Drive on the Final Map with the exception of three opening(s) as delineated on the approved Tentative Tract Map. 43. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 44. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 45. Any delinquent property taxes shall be paid. 46. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 47. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 48. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 49. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, andlor security systems shall be pre-wired in the residence. 50. A 24-foot easement shall be dedicatl;!d for public utilities and emergency vehicle access for all private streets and drives. 51. Private drainage easernents for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTM\Planning\Draft CQA- TENT MAP.doc 10 52. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 53. A 12-foot strip of land along the frontage of Rancho California Road shall be dedicated to the City of T emecula for future bike lane or lane per the up-dated General Plan adopted on April 12, 2005 by City Council. Building and Safety Department 54. Prior to the approval of the final map, a physical inspection of the project site, including each individual unit, shall be made by the City building and safety departrnent and Planning Department. Such inspection shall be made to ensure compliance with all applicable conditions of approval as specified in the tentative map and conditional use permit approval, and shall include any work deemed to have been performed without a permit. All such corrections shall be made prior to the approval of the final or parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project. a. Health and Safetv: Each bathroom in each living unit shall be provided with ground fault circuit interrupters. b. Smoke Detectors: Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards as adopted by the City. c. Maintenance of Fire Protection Systems: All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times. d. Shock Mountina of Mechanical Eouipment: All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner appr':lVed by the Chief Building Official. e. Noise Standards: The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. 55. Obtain street addressing for all proposed conversion of buildings prior to recording of Map. G:IPlanning\2006\PA06-0192 Morning Ridge Condo Cony TTMIPlanninglDraft COA-TENT MAP.doc 11 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2006\PA06-Q192 Morning Ridge Condo Conv TTM\Planning\Draft COA-TENT MAP.doc 12 Public Works Department 56. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works c. Community Services District d. Fire Prevention Bureau 57. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 58. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to 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 preliminary pavement sections. 59. Construction phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 60. 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. 61. 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. 62. 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. 63. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 64. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. G:\Planning\2006\PA06-D192 Morning Ridge Condo Conv TTM\Plannin9lDraft COA-TENT MAP.doc 13 ~, PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Plannin9\2006\PA06-0192 Morning Ridge Condo Cony TTM\PlanninglDraft COA-TENT MAP.doc 14 Public Works Department 65. Final Map shall be approved and recorded. 66. The Developer shall vacate and dedicate the abutters rights of access along Milky Way Drive pursuant to the new location of the driveway. 67. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 6S. Grading of the sUbject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 69. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 70. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.0S of the Temecula Municipal Code and all Resolutions implementing Chapter 15.0S. Fire Prevention 71. Prior to building permit, 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). Building and Safety Department 72. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTM\Planning\Draft COA-TENT MAP.doc 15 PRIOR TO CERTIFICATE OF OCCUPANCY G:IPlanning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglDraft COA-TENT MAP.doc 16 Public Works Department 73. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 74. 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 75. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 76. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 77. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. Fire Prevention 78. 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). 79. 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. Multi-family residential shall have a rninimum twelve (12) inches numbers on the building. 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). 80. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or rnobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 81. 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). 82. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Departrnent building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC 902.4). G:IPlanning\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanning\Draft COA-TENT MAP.doc 17 83. 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. G:IPlanning\20061PA06-0192 Morning Ridge Condo Conv TTMIPlanninglDraft COA-TENT MAP.doc 18 OUTSIDE AGENCIES G:\Plannin9\2006IPA06-0192 Morning Ridge Condo Conv TTM\Planning\Draft COA-TENT MAP.doc 19 84. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmitlal dated July 18, 2006, a copy of which is attached. 85. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 12,2006, a copy of which is attached. 86. The applicant shall comply with the recommendations set forth in the Southern California Gas Company's transmittal dated July 6. 2006, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:IPlannin9\2006IPA06-0192 Mornin9 Ridge Condo Conv TTMIPlannin910raft COA-TENT MAP.doc 20 o COuNTY OF RIVERSIDE . HEALl'! SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH July 18, 2006 ~l~:~~U1~~l~@ By Planning Department City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Dale West: RE: TRACT MAP NO. 34907, lots 1, 2, 3 and 4 of tract 12189 as per map med in book 135, pages 17, 18, and 19 of maps, records of Riverside County, California. As amended by that certificate of correction recorded March 27, 1987 as instrument No. 84636 or official records of Riverside County, California. (ILOl) To Whom It May Concern: 1. The Department of Environmental Health has reviewed Tract Map No. 34907 and recommends: a A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Pennanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certuy that the design of the water system in Tract Map No. 34907 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distn'bution system will be adequate to provide water service to such ''Tract Map". This certification does not constitute a guarantee that it will supply water to such Parcel Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the Countv Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the finaI map. This Department has no written verification of water service from Rancho California Water District. Local Enforcement Agency. PO. Box 1280, Riverside. CA 92502-1280 . (909)955-8982 -FAX (909) 781-9653 . 4080 Lemon Street 9th Floor, Riverside, CA 9250i ~nd lise and Water Engineering..o - PO! Box 1206, Riverside. CA 92502-1206 . (909) 955-8980 .' FAX (909),955"8903 . 4080 Lemon Street 2nd Floor, Riverside, CA 92501 Page Two Attn: Dale West July 18, 2006 2, This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers ofthe District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Pennanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office, The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size ofthe sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "I certifY that the design of the sewer system in Tract Map No, 34907 is in accordance with the sewer system expansion plans of the Eastern Municipal water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. This Department has no written verification of sewer service from Eastern Municipal Water District. 3. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map, Sincerely, ~~ Supervising Environmental Health Specialist @ Rancho Water Board of Directors BeD R. Drake ~dent Stephen J. Corona Sr. Vice President Ralph H. Dally Lisa D. Herman John E. Hoagland Michael R. McMillan William E. Plummer 00;""" Brian J. Brady General Manager Phillip L Forbes Assistant General Manager f Chief Financial Officer E. P. "Bob- Lemons Director of Engineering Perry R. Louck Director of Planning JeffD. Armstrong C<lntroller KeDi E. Garcia District Sectetary C. Michael Cowett Best Best & Kriegel" LLP Ge=al """""" June 12,2006 Case Planner County of Riverside Department of Environmental Health 38740 Sky Canyon Drive Murrieta, CA 92563 SUBJECT: WATER AVAILABILITY MORNING RIDGE APARTMENTS CONDOMINIUM CONVERSION; LOTS NO.1, NO.2, NO.3, AND NO. 4.0F TRACT NO. 12189 APN 944-220-001, APN 944-220-002, APN 944-220-003, AND APN 944-220-004 [MORNING RIDGE, LLC] To Whom It May Concern: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements, Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This project is converting to a residential condominium development, with individual building owners and an Owner's Association maintaining the common property and private sewer, water, fire protection, and landscape irrigation facilities. RCWD will require that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private facilities, as a condition of approval for the project. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ,", ,,; GM,'!:;.?!:lor Acting Development Engineering Manager ce: Laurie Williams, Engineering Services Supervisor O6IMM:lm2I6IFEG 'nanebo-C~omi:';Water iiWrlcl 42135WinchesterRoad-. PostOfficeB0Jt9017. Temecula;Califomia92589-9017. (951)2'96-6900. FAX(9Sil296-6860 r~L~~~~~~ --- ~ BY Planning oep Southem California Gas Company' A ~ Sempra Energy" company July 6, 2006 City of Temecula Attn: Dale West P,O. Box 9033 Ternecula, CA 92589-9033 Re: PA06-0192 - Morning Ridge Condo TIM Rancho California Rd & Margarita Rd (30660 Milky Way Drive) - Temecula Southern California Gas Company-Transmission Department (The Gas Company) has received your request for pipeline locations within the general area of your proposed project. The Gas Company operates and maintains (16, 24, 30) - inch high pressure natural gas lines (1027,1028, 6900) within the limits of your construction project. Attached are copies of our pipeline Atlas sheets (RCO 8647) which show the location of our pipelines. While we cannot guarantee the accuracy of these maps they are included to assist you in your planning and design. Design parameters for The Gas Company shall include: . Consideration be given to the safety of our pipeline during the design and construction stages, . No mechanical equipment will be permitted to operate within three horizontal feet of the pipeline, and any closer work must be done by hand, . A representative of The Gas Company must observe the excavation arourid or near our facilities to insure protection and to record pertinent data necessary for our operations. Upon request, at least two (2) working days prior to the start of construction, we will locate and mark our active underground facilities for the contractor at no cost. Please call Underground Service Alert (USA) at (800) 422-4133. Arrangements for someone to stand-by and observe can be made by calling (951) 845-0712 two working days prior to the start of construction, We would appreciate it if you would place a note on your plans to that effect. Soutttem Caifomia Gas Company 9400Oakda!eAo;enue 0ults>wI1h. ~ 91313 Mailing Address.. P. O. Box 1300 0ults>wI1h. ~ 91313-1300 ML9314 tel 818-7014546 fax 818-701-3441 City of T emecula Page 2 Re: PA064l192 - Morning Ridge Condo TIM Rancho California Rd & Margarita Rd (30660 Milky Way Drive) - Temecula We will also require "final" grading plans and construction profiles prior to the start of construction. Within the limits of your proposed construction, if you have not already done so, please contact the East Distribution Region of The Gas Company for information on their pipelines. You can contact them at (909) 335-7725 and they will furnish you with any information you may require, Future correspondence pertaining to this project should be mailed to: THE GAS COMPANY 251-A East First St Beaumont, CA 92223-2903 Attn: Tim Pearce, Mail Location 8080 If a conflict is identified and can only be resolved by the relocation of our facilities, please be advised that the projected timetable for the completion of this relocation is one year. This includes planning, design, material procurement, cathodic protection, permits, environmental issues and construction. Please refer to our Document Control Plan File # 150-06-1027, 1028, 6900 and any correspondence directed to this office, in connection with this project. If you have further questions or require additional assistance, please contact Tim Pearce at (951) 845-0709. Sincerely, lsalynt~ Pipeline~~i~g Assistant Transmission Department ce: TPearce PA06 0192 MomingRidgeCondo RanchoCalifRdMaf!}arita Temecula.doc ATTACHMENT NO.5 STATEMENT OF REPAIRS G:IPianning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 15 <\ MORNING RIDGE LLC Via Federal Express 8595 1031 2331 1D)~(g~ u W~~ IIl1 JUL 2 ~ 20U7 1.0 July 25, 2007 City of Temecula 43200 Business Park Drive Temecula, CA. 92589-9033 By Planning Department Re: Proposed Condominium Conversion - Morning Ridge Aparbnents Statement of Repairs and Improvements Completed and Planned Attn: Planning Deparbnent We have repaired/improved the property since April 2005 as follows: 1. Repaired and replaced decks at a cost of approximately $132,000 - to be completed July 2006. 2. Created a gym in the clubhouse facility out of one of the four (4) laundry rooms and installed new gym equipment at a cost of $10,000 - completed May 2006. 3. Repaired the site drainage at a cost of $10,000 - completed May 2006. 4. Installed new rain gutters to improve drainage at a cost of $10,000 - completed May 2006, 5. The wood fence located at the eastern and southern property lines has been repaired and/or replaced at a cost of $10,000 - completed May 2007. We plan to make the following repairs/improvements upon approval to proceed with the condominium conversion: 1. Add wheel stops in parking stalls to conform to code. 2. . Add six (6) motorcycle parking stalls to conform to code. . 3. Add two (2) additional uncovered parking stalls. 4. All units not purchased by existing residents will be renovated with new carpet, repainted, operable appliances, and window coverings, as necessary . 5. All components with a remaining useful life of less than seven (7) years shall be refurbished and restored consistent with the Development Code and citywide design guidelines. (SfLo. ~~ ('lv. lP \ 0(- S\-t.l.(f ~e{>Or t) 3366 Via Lido. Newport Beach, California 92663 Tel (949) 723-8900 . Fax (949) 723-8910 ~ City of Temecula July 25, 2007 Page Two 6. All recommendations in the Termite Report will be completed and re- inspected. A re-inspection report will be submitted to the City to confirm repairs have been completed prior to final map recordation. 7. Handrails will be installed at exterior stairs with more than four risers throughout the complex. 8. The 1 inch threshold at the Leasing Office main entrance will be replaced with a '/z inch maximum threshold. 9. Fenced pool equipment areas will be secured to prevent entry and access to equipment and poolchemicals. 10. The leaking utility transformers will either be replaced or repaired by the electrical company, 11, All potholes and/ or deteriorating asphalt will be repaired. 12. Any loose or deteriorating main stairwell railings will be repaired. 13. Any trash enclosure lattice coverings that are leaning or are broken will be repaired or replaced as needed. 14. The damaged exterior wrought iron fencing along Rancho California Road and Margarita Road will be repaired or replaced as needed. 15, The deteriorating areas of the wrought iron fences located at the three pool sites will be repaired or replaced as needed. 16. All broken or braced light bollards will be refurbished, restored, or replaced as needed to meet City standards. 17. All wood elements throughout the complex (support posts for mailboxes, pool trellises, trash enclosure trellises, etc.) will be repaired, restored, or replaced as needed. 18. The damaged pool plaster will be re-plastered, 19. The lower portion of the gas and electric utility closet doors located on the exterior of each building will be repaired. 20. A landscape plan will be implemented to improve the irrigation and the quality of the landscaping throughout the complex. 21. The tennis court will be resurfaced and the fence and windscreens repaired. 22. The parking lot will have a new slurry-seal and all parking stalls including the handicapped stalls will be re-striped. 23. The damaged block wall located across from Buildings #16 and #17 will be repaired. Best regards, R!!RJ.~ Manager sp I condo-momingridge-087 ATTACHMENT NO, 6 BUILDING AND SITE EVALUATION USEFUL LIFE ANALYSIS G:IPlanning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 16 Morning Ridge COMPONENTS THAT REQUIRE RESERVE FUNDING COM..l'VlON llESER VE {:OMPONENT .PATh, -uterior.Paint - Stucco :Extaior Pajot- Wood Trim :Balconies &. Ded::',i Wood Flooring- Clubhouse, Pool Hou.<;c 1& Pool House 2. "Interior Paint ~ Eommon- Areas- Wrought Iron Fence Wood' Fence Concrete Block Wall. Paint! StuCco ]alconies, Decks &. Stairs Wood Railing :ROOF <:oocretelClay Tile Metal Sheet - Carport Spaces .t Mail Box Structure Roof Oubbouse. Pool House 1 & Pool House 2 OTHER C01YIPONENTS . 'Thier- Heal:CLS. Common.Areas 4.325 3.844 ~ 1 481 3,844 Exterior/BuildinglOutdoorLights 41.650 8,330 IS -5 2,7n n,161 :I1lc>ior/C3IpOrtUEJo" 4,850 1.617 8 3 606 . 3,U31 ' Strc:e' Ugh" 105,775 8,815 20 12 5,289 42.310 . !lwing/Cooling/HVAC.CommiJn 3.175 2,%3 15 1 212 2.%3 ConCrete Drives I W.lk,,:ays 144.525 11.117 30 13 4,818 81,898 .A!.phaIt Drives I Sb-cets I Open Parking Spaces 81.625 65.300 5 .,~ 16.325 65,300 1'001 Re-pl'3la . 13,475 11.352 12 ,'I 1.123 12.:];2 . I'oolHeater 5.fil5 5,202 12 ,,~ 473 5,202 . 1'o?i F>1tet 2,S2S 2,273 10 " . 253 2.273 :SpaRe-plaster 3,175 2,858 10 "of 318 2,858 . :SpaHcatcr .4,115 3.758 10 ii 418 3.7~8 . '''' FOra. 2,525 2,273 10 ,I 253 2,273 . I'oo.VSpa Pumps: 3.850 3,208 6 '2 642 3,208 1'rash. Enclosure WaD 3,175 397 25 8 127 2,159 Concrete Block Wall 4,250 53J 2S 8 170 2.;890 'Wrougb.t Iron Fencc: 2.1,450 1,950 15 11 1,430 5,720 "lVotd-Fence'-. 9;750 4,875 10 2 975 7;800 '!emo;sCourtRonoe 3.000 1,000 20 "3 150. .0'2,'50" SIUI1p Pumpsflo;.1otors 750 6&8 12 1 63 688 1lilldS""pil1g----~--..-'l93;515'" ., "64;5:>s...._..,.......,...tO......... 3" 19,358 135,503 Entr.UlceI lobby.TIle 950 831 8 J 119 831 Jteaeation Room-Tile 1,125 1;509 8 'I 216 1.509 I.am1dIyRoom-Tile 1,450 1,269 8 if 181 1,269 Gym lExen:ise Room . Qupet . 450 386 7 ;1 64 386 Common Hallways -rue 250 219 8 J 31 2J9 Common RestrooJIlS - Tik 650 569 8 j 81 St.i9 . Golf Out 8,600 7.$25 8 ..i 1,015 7,~25 StmageRoorn. Con=,< 150 58 30 13 25 425 Balconies & Deck's Wood Flooring . 8J,I25 8.113 10 10 8 113 0 ~ ["11IDiture- Clubhouse {Pool Area 12.675 10,140 5 r 2,535 10.140 E<Juipment. Gym 5,825 416 14 14 416 0 Q) 7enni, Court 2,625 2,100 5 I 52S 2,100 E\JolResttoom. Tile 750 656 8 1 94 656 Pool Slum.... - Tile 625 547 8 I 78 541 Slaits - Coo=te 24.015 1,852 30 13 803 13,643 Enlry'Monumcnl 10,650 1,183 15 9 710 4,260 NJillBox 15.200 1.689 15, ".~ _._.J.01}. ... 6.080........ '.- C_ Componen'...3i,950.... -21.956 ..... . .. "'-if' 1 3.994 27,956 Rain Gutter 23,075 2,308 1010 2.30& 0 @ . LauodryRoomWashers&Dryen 25,350 2.1.729 7 1 3,621 21,729 t:' s.Iconies. De,ks & SUUs Wood Railiug 42,600 4.260 10 10 4.260 0 \ 1) TOTAL lA40.25q ~ J.Jll.2U illJ.J!l Items marked #1 will be replaced or renovated by the developer / owner before the close of the first escrow. A yerage C06tof RenlaC!ernent 91.950 6,(25 9,625 2,000 4,650. 13,325 11,100 2,100 52.200 200,100 92,100 1.425 3,12S $ Annual E.<lirnaled Remaining Accelerated Useful Useful R&Ol'erV I,ire YRS r,ifeYnS 30,650 5.104 8,422 1,714 3,720 10.660 10.238 1,800 10.440 7 6 8 7 5 5 8 7 5 14,293 10.300 . tlO 287 30 15 30 30 Prepared by. \';gcn On.any and" Associ<i1.c;:i., ~1(;. (818) 95,-3195 9 :) Annual Resen'e Re<mired ;; :1 .1 .1 i I .1 t 5 13,136 1,021 1,203 286 930 2,665 1,463 300 10.440 Ideal Accumulated Reserves 52,543 5.104 8,422 t.1l4 3,120 10,660 10,238 1,800 o (f' ~ 106.720 n080 808 2.111 --:-",,;:,-:--,=-,~ _~'!i.O-<,'j-;"'~~~'O;""~,._.=-'_~-.~~=~-.-"'""-~.;,....".~~ ~"=~~.~~""_"'_:..,..~_;.::;:..-;., .<:..... _:~:...;-~.:.:..:_.;.::s~;;.,,:,,.;,,;__''''"...~,_ _ _.~Iti7=.="""', 14 9 13 13 6.670 6.180 48 124 ATTACHMENT NO.7 NOTICE OF PUBLIC HEARING G:IPlanning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglPC STAFF REPORT.doc 17 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application Nos. PA06-0192 and PA06-0193 Sandra Parmley, Battaglia, Inc. Generally located at the southwest corner of Rancho California Road and Margarita Road; addressed as 30660 Milky Way Drive A Conditional Use Permit and Multi-Family Residential Development Plan application to convert 200 apartment units to condominiums. An associated one-lot Tentative Tract Map (TIM 34907) is also requested In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA; Section 15301, Class 1, 'Existing Facilities Cheryl Kitzerow/Matt Peters, Associate Planner City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: August 29, 2007 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing, The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. Case No: Applicant: Location: Proposal: Environmental: Case Planner: Place of Hearing: ~'!;' 1 r--/ ./: .1'L.lJ..Jj~,-,- <----~. ::l ";;.: ,.1 ..', --:-_. J,! l:" ':::"'1 "- ;:;.J_,~ I ,1'-'-__1' 'r-~..;l;~:I' .. . - I I Ii' ~~, r,~'l~ -..-___i 1 I l~JI , . " . ". "...,.,.'-'-....1 J. 'Ii ,/ - L..... i , '..L..f_L.;' il /~-r-'-_ ICtll)(;..III.o...-___ _.1 i!Z'i( "~17-'r-'. -- .. I -~ "'- _.l 1 /"<.Jr'Ol?u- ". --~--'.:;f w. 1 \ .. i ,! 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"~ I '..U:">i..\ '~;<__.t,) C.'.~l y.- -- - " , I Project Site ~- J -- G:\Planning\2006\PA06-0192 Morning Ridge Condo ConvTIM\Planning\NOPH.PCl.doc ITEM #3 DATE OF MEETING: PREPARED BY: PROJECT DESCRIPTION: RECOMMENDATION: CEQA: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August29,2007 Katie Le Comte TITLE: Assistant Planner Planning Application No. PA06-0329, a Development Plan to construct an 11,595 square foot one-story office building on .92 acre (Parcel 2 of Parcel Map 31711), generally located on the east side of Margarita Road approximately 300 feet north of De Portola Road (APN: 959-050-013) ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial ~ Categorically Exempt (Section) (Class) 15332 32 In-Fill Development o Notice of Determination (Section) o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:IPlanning\2006IPA06-0329 Temecula Prof Bldg II Comm Dev PlanlPlanninglPC STAFF REPORT.doc 1 PROJECT DATA SUMMARY Name of Applicant: Mr. Elias Alfata representing Alfa Design Date of Completion: November 1,2006 Mandatory Action Deadline Date: September 5, 2007 General Plan Designation: Professional Office Zoning Designation: Professional Office Site/Surrounding Land Use: Site: Vacant North: South: East: West: Professional Office (PO)/ Temecula Prdfessional Building I Professional Office (PO)/ Vacant Medium Density Residential (LM)/ Single family residences Very Low Density Residential (VL)/ Custom single family residences Low Lot Area: .92 gross acres/.92 net acre Total Floor Area/Ratio: .29 proposed/.50 allowed Landscape Area/Coverage: 29.5% (11,765 square feet) proposed/ 25% required Parking Required/Provided: 33 spaces required/35 spaces + 2 motorcycle spaces + one loading space provided BACKGROUND SUMMARY A Development Plan application for Temecula Professional Building II was submitted on November 1, 2006. A DRC meeting was held with staff and the applicant on December 7, 2006. At this meeting staff discussed development code requirements, building architecture and design recommendations. It was at this meeting that the applicant had requested to utilize a similar building footprint as the Temecula Professional Building I project, which is located directly to the north of the proposed project site. Staff had determined that this request would be acceptable if the applicant incorporated variation in the physical appearance of the building through the use of varying colors, materials and architectural enhancements. It was also. requested that additional amenities be added to the site. The applicant has compiled with staffs request by proposing a different, but complementary color scheme than what has been approved for Temecula Professional Building I. The applicant has also proposed the addition of stone veneer as an architectural enhancement, as well as a different roof color to achieve additional variation between the two buildings. Additionally, a trellis structure with climbing vines has been added to the proposed project, to provide shade for the outdoor employee seating area and to enhance the building elevations. The outdoor seating area will also be enhanced by the installation of decorative stamped concrete. G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglPC STAFF REPORT.doe 2 Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed project is a request to construct an 11,595 square foot office building on a .92 gross acre site. The building will be located east of Margarita Road, and approximately 300 feet north of De Portola Road. Site Plan The proposed project is consistent with the General Plan, which allows for low-rise, single and multi-tenant offices situated in a garden landscape arrangement, as consistent with the Professional Office land use designation. The proposed project also meets all provisions within the Development Code and is consistent with all of the development standards for projects located within the Professional Office (PO) Zoning District. The proposed building will be setback approximately 25 feet from Margarita Road, approximately 10.5 feet from the north and south property line, and approximately 100 feet from the rear property line. Included in this 100-foot rear setback is an approximately 30-foot wide landscape area which acts as a buffer between the proposed project and the existing single family homes that are located directly to the east of the project site. The proposed lot coverage for the project is below the allowable lot coverage as defined by the Development Code. It is proposed at 30%, and the Development Code allows for up to 50% lot coverage in the Professional Office Zoning District. Twenty-nine percent of the project site will be landscaped, which exceeds the minimum Development Code requirement of 25%, for projects within the Professional Office zoning district. The tree and shrub placement will effectively soften the building elevations and will provide accenting and screening as needed. Furthermore, the project includes an outdoor employee break area as an additional amenity and site enhancement. This outdoor employee seating area includes decorative stamped concrete paving and a wooden trellis shade structure that will be softened with Boston Ivy. Furthermore, staff has determined that 33 parking spaces are required and 35 parking spaces and two motorcycle spaces will be provided. Additionally, Development Code Section 17.24.060 requires that buildings that are greater than 10,000 must provide a loading space, which has been provided at the rear of the proposed building where it will be adequately screened and make the least aesthetic impact on the project and surrounding properties. Architecture The proposed building elevations and architecture for the project is consistent with the previsions contained within the Development Code and Design Guidelines. The architectural style of the building combines distinctive elements of Mediterranean Revival architecture with a Spanish Colonial influence. The elevations are characterized by smooth stucco wall surfaces, well balanced symmetrical architectural features, a low-pitched terra cotta tiled roof and an elegant arched cDlonnade. The building's featured detailing is executed with ledger stone complete with two carefully placed keystone elements which ornately enhance the falf8de. The exposed wood rafter-tails accentuate the building's tower elements and give the building its distinctive Spanish Colonial character. G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglPC STAFF REPORT.doc 3 Staff has worked with the applicant to accomplish variation from the neighboring Temecula Professional Building I, through the incorporation of varying paint colors, building materials and architectural enhancements. The proposed single-story office building features a smooth stucco finish in varying colors which have been carefully selected to accentuate the breaks in wall planes and the building's articulation. The column features and arched colonnade breaks up the massing which gives the building a sense of proportion. Rhythmic window openings provide breaks in the wall planes, and the window trim frames the window openings. Roof line variation is achieved through the use of balanced tower elements accented by exposed rafter tails. Additionally, the concrete roofing material, which differs from the Temecula Professional Building I, is proposed as "Malibu" blend which incorporates shades of terracotta, grey, and light tan. The storefront windows and doors will be beige anodized aluminum with clear glazing. Circulation Access to the site will be provided through two vehicular access points; one point providing vehicular ingress and egress from Margarita Road, and the another providing vehicular ingress and egress from De Portola Road. Pedestrian access may also be taken from both of these access points. A reciprocal access and use agreement has been recorded for the subject property and the two adjoining parcels, which requires that parking, access and circulation will be shared between all three buildings on-site, and that all common areas will be maintained by the business maintenance association. The Public Works Department has analyzed this project and has determined that the circulation is adequate and that the projected traffic impacts are consistent with the traffic volumes projected for the site by the General Plan EIR. The Fire Prevention Bureau has also reviewed the project and has determined that the access and circulation is adequate to provide emergency services when necessary. Both Public Works and Fire Prevention have provided Conditions of Approval for this project. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 18, 2007, and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Section 15332, Class 32 In-fill Development Project). Class 32 consists of projects characterized as in-fill development meeting the conditions described below: 1. The project is consistent with the applicable general plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The project is consistent with the Professional Office Land Use Designation. The General Plan Professional Office designation includes primarily low-rise single or multi- tenant office developments situated in a landscaped garden setting, which is consistent with the proposal for Temecula Professional Building II. The project is consistent with G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglPC STAFF REPORT. doc 4 all applicable General Plan policies, including the target FAR, and with all applicable zoning designation regulations and standards contained within the Development Code. The project meets all of the Development Standards for projects within the Professional Office zoning district, as the project meets all applicable requirements for lot coverage, building setbacks, FAR, landscape requirements and parking requirements for projects in the Professional Office zone. 2. The proposed project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses: The proposed project for the Temecula Professional Building occurs within City limits on Lot 2 of Parcel Map 31711. The prajectsite is 1.02 gross acres. The parking lot paving is existing onsite, and extends across the neighboring parcels. Additionally, the site is surrounded by urban uses which consist of existing single family homes to the east, an office building that is currently being constructed to the north, and existing commercial uses to the south. 3. The project site has no value for endangered, rare or threatened species. The project site is not known to have value as habitat for endangered, . rare or threatened species. The paving for the parking lot is existing, however, a Burrowing Owl Assessment was done and it was concluded that the site does not support suitable nesting or foraging habitats for the Burrowing Owl, and no owls or their sign (feathers, pellets, nest material, excrement or tracks) were observed on-site. 4. The approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The approval of this project is not anticipated to result in any significant effects relating to traffic, noise, air quality or water quality because the project is consistent with the General Plan, and any potentially significant environmental impacts have been analyzed and mitigation measures have been adopted as consistent with the findings contained within the General Plan Environmental Impact Report for the City of Temecula. 5. The site'can be adequately served by all r~uired utilities and public services. The project site for Temecula Professional Building can be served by all required utilities and public services. The project has been reviewed by Rancho Water, as well as Riverside County Department of Environmental Health. Both of these agencies have indicated that water service and sanitary sewer services would be available contingent upon all required financial agreements. The appropriate utility services have been provided to all surrounding development and the site has been adequately . designed to ensure that all public services can access the site for all necessary services. G:\Planning\2006IPA06-Q329 Temeeula Prof Bldg II Comm Oev PlanlPlanninglPC STAFF REPORT.doe 5 CONCLUSION/RECOMMENDA TION Staff has determined that the proposed project, as conditioned is consistent with the City's General Plan, Development Code, and all applicable ordinances standards, guidelines and policies. Therefore, staff recommends that the Planning Director adopt a Resolution approving the Development Plan subject to the attached Conditions of -Approval. FINDINGS Development Plan (Development Code Section 17.05.010.F) 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 proposed use is consistent with the goals and policies contained within the General Plan. According to the Land Use Element of the General Plan, the Professional Oifice Land Use Designation allows for low-rise, multi-tenant office buildings situated in a landscaped garden setting. This project is a single-story professional office building complete with sufficient landscaping and outdoor amenities as consistent with the objectives contained the General Plan. The proposed project is also consistent with the development code standards and all zoning requirements for the Professional Office (PO) zoning district. The project meets all applicable design standards contained within the Development Code and City-Wide Design Guidelines, and the design of the project meets the intent of the Community Design Element of the General Plan. The site is properly planned and zoned, 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), and all applicable fire and building codes. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare. The overall design of this project, including the site design, building elevations, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that tt:e development will be constructed and function in a manner which will protect the public health, safety and general welfare. G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PianlPlanninglPC STAFF REPORT.doe 6 ATTACHMENTS 1. Vicinity Map - Blue Page 8 2. Plan Reductions - Blue Page 9 3. PC Resolution 07-_ - Blue Page 10 Exhibit A - Conditions of Approval 4. Notice of Public Hearing - Blue Page 11 G;IPlanning\2006IPA06-Q329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglPC STAFF REPORT.doe 7 ATTACHMENT NO.1 VICINITY MAP G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PianlPlanninglPC STAFF REPORT.doe 8 l I .-- -~ ~- -~~- / ~/ .-/~ ~ ..----/ ----;-- ~ 680 510 Feet ATTACHMENT NO.2 PLAN REDUCTIONS G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglPC STAFF REPORT.doc 9 In! 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'II !. " in l! i i:lli ill! i! 1 lil!!!!'II!!llll!!ll!l: ! 11'll.' "'!'lll!l:' , · II I ,'Ii II ii j, il'.1 ill ! " "! ,,11,1'.,1,11'11 "I"! ,} I I" ,!" ", 'I" ~!! Ii H h , , !! !, i II illii I ~ .. ~ .. ~"'" "' .. ~ .. oj" .. .' j'~ {j, ';~ ill q I II; ." II! iii . ~~ Ht II; il . 1'''1' Illll. U!i Ih':j ~I"+ .!' Ii:, ~ 1"11 !l 1;111I, iil!1 q jI!!! * ~ I" , Ii!U ~ lI. ~ ~ li! dt ~ I 1 i I i I. 1'.I'i"!. . I: II !l!!!!!!11! 1 II 'I " d'lll' I I! ! i ll!illld :1 I, 1111 IIP!!II!! IliI IIIII,! lllldlllllhll ! 10 1100000 o@ee~@0[;1. DO !!I QVO?:l V 11?:lV0?:lVH ATTACHMENT NO.3 PC RESOLUTION NO. 07-_ G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg Ii Comm Dev PlanlPlanninglPC STAFF REPORT,doc 10 PC RESOLUTION NO. 07- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0329, A DEVELOPMENT PLAN TO CONSTRUCT AN 11,595 SQUARE FOOT ONE-STORY OFFICE BUILDING ON .92 ACRE (PARCEL 2 OF PARCEL MAP 31711), GENERALLY LOCATED ON THE EAST SIDE OF MARGARITA ROAD APPROXIMATELY 300 FEET NORTH OF DE PORTOLA ROAD (APN: 959-050- 013) Section 1. Procedural FindinQs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 1, 2006, Alias Alfata, representing Alfa Design filed Planning Application No. PA06-0329, a Development Plan, in a manner in accord with the City of T emecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 29, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0329 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further FindinQs. The Planning Commission, in approving the Application hereby finds, determines and declares that Development Plan (Development Code Section 17.05.010F) A. Th,e proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinance of the City; The proposed use is consistent with the goals and policies contained withir. the General Plan. According to the Land Use Element of the General Plan, the Professional Office Land Use Designation allows for low-rise, multi-tenant office buildings situated in a landscaped garden setting. This project is a single-story professional office building complete with sufficient landscaping and outdoor amenities as consistent with the objectives contained the General Plan. The proposed project is also consistent with the development code standards and all G:\Planning\2006\P A06-0329 Temecula Prof Bldg Jl Comm Dev Plan\Planning\PC RESOLUTION NO.doc I zoning requirements for the Professional Office (PO) zoning district. The project meets all applicable design standards contained within the Development Code and City-Wide Design Guidelines, and the design of the project meets the intent of the Community Design Element of the General Plan. The site is properly planned and zoned, 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), and all applicable 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 this project, including the site design, building elevations, , parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner which will protect the public health, safety and general welfare. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15332, Class 32 In-fill Development). A. The project is consistent with the applicable general plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations; The project is consistent with the Professional Office Land Use Designation. The General Plan Professional Office designation includes primarily low-rise single or multi-tenant office developments situated in a landscaped garden setting, which is consistent with the proposal for Temecula Professional Building 1/. The project is consistent with all applicable General Plan policies, including the target FAR, and with all applicable zoning designation regulations and standards contained within the Development Code. The project meets all of the Development Standards for projects within the Professional Office zoning district, as the project meets all applicable requirements for lot coverage, building setbacks, FAR, landscape requirements and parking requirements for projects in the Professional Office zone. B. The proposed project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; The proposed project for the Temecula Professional Building occurs within City limits on Lot 2 of Parcel Map 31711., The project site is 1.02 gross acres. The G:\Planning\2006\PA06-032? Temecula ProfBldg II Comm Dev Plan\Planning\PC RESOLUTION NO.doc 2 parking lot paving is existing onsite, and extends across the neighboring parcels. Additionally, the site is surrounded by urban uses which consist of existing single family homes to the east, an office building that is currently being constructed to the north, and existing commercial uses to the south. C. The project site has no value for endangered, rare or threatened species; The project site is not known to have value as habitat for endangered, rare or threatened species. The paving for the parking lot is existing, however, a Burrowing Owl Assessment was done and it was concluded that the site does not support suitable nesting or foraging habitats for the Burrowing Owl, and no owls or their sign (feathers, pellets, nest material, excrement or tracks) were observed on-site. D. The approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; The approval of this project is not anticipated to result in any significant effects relating to traffic, noise, air quality or water quality because the project is consistent with the General Plan, and any potentially significant environmental impacts have been analyzed and mitigation measures have been adopted as consistent with the findings contained within the General Plan Environmental Impact Report for the City of Temecula. E. The site can be adequately served by all required utilities and public services; The project site for Temecula Professional Building can be served by all required utilities and public services. The project has been reviewed by Rancho Water, as well as Riverside County Department of Environmental Health. Both of these agencies have indicated that water service and sanitary sewer services would be available contingent upon all required financial agreements. The appropriate utility services have been provided to all surrounding development and the site has been adequately designed to ensure that all public services can access the site for all necessary services. Section 4. Conditions. The Planning Commission of the City of Temecllla approves Planning Application No. PA06-0329, a Development Plan to construct an , 11,595 square foot one-story office building on .92 acre (Parcel 2 of Parcel Map 31711), generally located on the east Margarita Road approximately 300 feet north of De Portola Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2006\PA06-0329 Temecula ProfBldg II Corom Dev Plan\Planning\PC RESOLUTION NO.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 29th day of August 2007. Dennis Chiniaeff, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 29th day of August 2007, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0329 Temecula Prof Bldg II Corom Dev Plan\Planning\PC RESOLUTION NO.doc 4 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0329 Temecula ProfBldg II Comm Dev Plan\Planning\PC RESOLUTION NO.doc 5 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0329 Project Description: Planning Application No. PA06-0329, a Development Plan to construct an 11,595 square foot one-story office building on .92 acre (Parcel 2 of Parcel Map 31711), generally located on the eastside of Margarita Road approximately 300 feet north of De Portola Road Assessor's Parcel No. 959-050-013 MSHCP Category: Commercial DIF Category: Office TUMF Category: Service CommerciallOffice Approval Date: Expiration Date: August 29, 2007 August 29, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicanUdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:\Planning\2006\PA06.0329 Temecula Prof Bldg II Comm Dev Plan\Planning\DRAFT COAs.doc , 1 GENERAL REQUIREMENTS G:IPianning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 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 def€Jn"e. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. . 5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within 30 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 comprehensive Sign Program shall be reviewed and approved by the Director of Planning, and a separate building permit shall be required for all signage. 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 requiled by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Color Smooth exterior plaster finish (main body) Smooth exterior plaster finish (accent) Smooth exterior plaster finish (accent) "Sand White" 30VY 58/082 "Timothy Straw" 50VY 53/235 "Pacific Pines" 90YY35/169 or "Enchanted Forest" 90VY 22/200 G:\Planning\2006IPA06-0329 Temeeula Prof Bldg II Comm Oev PlanlPlanninglDRAFT COAs.doc 3 Smooth exterior planter finish (accent) Lower-band plaster finish Window trim and columns Fascia Concrete tile roof Windows and doors "Stonington Beige" 30YY 44/114 "Pearl Essence" 43YY 81/051 "King's Canyon Grey" 40YY 33/118 "Pearl Essence" 43YY 81/051 "Malibu" 2680 by Eagle Tile Beige anodized finish-clear glazing 1 O. The applicant shall paint a 3-foot x 3-foot section of the building with "Pacific Pines" and a 3- foot x 3-foot section of the building with "Enchanted Forest" for Planning Department inspection, prior to commencing the painting of the building. The Director of Planning shall determine which paint color is acceptable before the entire building is painted. 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. 13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 14. All utility doors shall be painted to match the building. Public Works Department 15. 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. 16. 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. 17. All 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. 18. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of th.e project to prevent non-permitted runoftfrom discharging oftsite or entering any storm drain system or receiving water. G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg 11 Comm Dev PlanlPlannin91DRAFT COAs,doe 4 19. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered Civil Engineer and include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. Building and Safety Department 20, 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. 21. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 22. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 23. Obtain street addressing for all proposed buildings prior to. submittal for plan review. 24. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 25. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 26. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 27. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 28. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. ' 29. 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. ' 30. Obtain all building plans and permit approvals prior to commencement of any construction work. 31. Show all building setbacks. G:\Planning\2006\PA06..Q329 Temecula Prof Bldg II Comm Dev Plan\Planning\DRAFT COAs.doc 5 32. Developments with multi-tenant buildings or shell buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. 33. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 , 1998). 34. Provide disabled access from the public way to the main entrance of the building. 35. Provide van accessible parking located as close as possible to the main entry. 36. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 37. Sign age shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City ofTemecula Ordinance No. 94- 21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 38. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 39. 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 4,000 GPM at 20 PSI residual operating pressure for 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 I II-A and Temecula Municipal Code 15.16.020). 40. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A combination of on~site and oft-site (6" x 4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 21 0 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). 41. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 8704.2 and 902.2.2). G:IPlanning\2006IPA06-0329 Temeeuia Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 6 Community Services Department 42. 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. 43. The Applicant shall comply with the Public Art Ordinance. 44. All common areas including parkways, landscaping, fencing and on site lighting shall be maintained by the business maintenance association. 45. The developer shall construct a 6-foot wide Class I trail located on the north side of De Portola outside of the right-of-way, as shown on Parcel Map 31711. G:IPlanning\2006IPA06-Q329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs,doe 7 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 8 Planning Department 46. 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. 47. 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. 48. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavationlconstruction of the site, archaeologicallcultural 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 hislher sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult andlor 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 archaeologicallcultural 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 49. 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. 50. 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. 51. 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. 52. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plim 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. 53. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. G:IPlanningI2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 9 54, The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WOlD) issued by the State Water Resources Control Board (SWRCB), Storm water Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 55. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 56. 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. 57. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 58. 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. 59. 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. 60. 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. Fire Prevention 61. 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). 62. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020). 63. Prior to building construction and combustible materials being brought on site, all locations where structures are to be built shall have approved Fire Department vehicle access roads. Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW with a minimum AC thickness of 4-inches (CFC 8704.2 and 902.2.2.2). G:IPlanning\2006IPA06-0329 Temecula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 10 64. 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). 65. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC 902.2.2.6 Ord. 99-14). 66. Prior to building construction, dead end road ways 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). G:IPlanning\2006IPA06-0329 Temeeula Prof Bidg II Comm Dev PlanlPlanninglDRAFT COAs,doe 11 PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 12 Planning Department 67. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 68. All downspouts shall be internalized. 69. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. A note on the plans stating that 'Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. The locations of all existing trees that will be saved consistent with the tentative map. i. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed 'plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. j. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe 13 70. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion, Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 71. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, and hardscape) to match the style of the building subject to the approval of the Planning Director. 72. Building plans shall indicate that all roof hatches shall be painted "International Orange." 73. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Public Works Department 74. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 75. 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. 76. 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. 77. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 78. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. , 79. Please be advised that a pre-construction meeting is required with the building inspector prior to the start of the building construction. G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPianninglDRAFT COAs,doe 14 Fire Prevention 80. Prior to issuance of building permits, the developer shall furnish three copies of the water system plans directly to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. Fire department connection (FDC) and post indicator valve (PIV) shall be placed within 40-feet of a public hydrant on the address side of the building. The FDC/PIV are currently being shown on the driveway entrance into the facility. They need to be re-Iocated to the other side of the driveway and be on the driveway side of the building (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). 81. Prior to building permit and combustible materials being brought on site, all locations where structures are to be built shall have approved Fire Department vehicle access roads. Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW with a minimum AC thickness of 4-inches ( CFC sec 902). 82. Prior to issuance of building permit fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 83. Prior to issuance of building permit fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The fire alarm system is required to have a dedicated circuit from the main house panel. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. Community Services Department 84. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 85. The multi-use trail plans shall be reviewed and approved by TCSD. G:\Planning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs,doe 15 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\2006IPA06-Q329 Temeeula Prof Bldg II Comm Dev PianlPlanninglDRAFT COAs,doe 16 Planning Department 86. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening as reviewed and approved by the Director of Planning. 87. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 88. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 89. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street , parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 90. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. . , 91. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 92. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 93. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for , immediate implementation. G:\Planning\2006\PA06-0329 Temecula Prof Bldg II Comm Dev Plan\Planning\DRAFT CQAs.doc 17 94. 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 95. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Fire Prevention 96. 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). 97. 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 h3gible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters andlor 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). 98. 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 (CFC Article 10, CBC Chapter 9). 99. 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). 100. 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). 101. 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). 102. 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. G:\Planning\2006IPA06-Q329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs.doe , 18 103. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground andlor 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). 104. 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. 105. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI ArclnfolArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 106. 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). Community Services Department 107. The trail shall be completed per plans approved by TCSD. G:IPlanning\2006IPA06-Q329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs,doe 19 OUTSIDE AGENCIES G:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPlanninglDRAFT COAs,doe 20 108. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated November 17, 2006, a copy of which is attached. 109. The applicant shall comply with the recommendations set forth in the Department of Environmental Health transmittal dated November 13, 2006, a copy of which is attached. 110, The applicant shall comply with the recommendations set forth in the Southern California Gas Company transmittal dated December 27, 2006, 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:IPlanning\2006IPA06-0329 Temeeula Prof Bldg II Comm Dev PlanlPianninglDRAFT COAs.doe 21 @ Rancho later BoardofDirecton; Ben R. Drake President Stephen J. Corona Sr. Vice President Ralph H. Daily Lisa D. Herman John E. Hoagland Michael R. McMillan William E. Plummet; Officers: Brian J. Brady Geneml Manager Phillip L Forbes Assistant General Manager I Chief Financial Officer E. P. "Bob~ LemobS Director of Engineering Perry R. Louek Director of Planning Jeff D. Armstrong Controller ReUi E. Garcia District Secretary C. Michael Cowett Best Best & Krieger LLP General Counsel November 17,2006 ;> 'i'W@. "1'",,., ~ 't...jlt~ It:J ,.. ij1.. ~ ~ 17 nl/[re:: -', '" .. li 2, l' I b ' hu/;? 2 2ane ID.I oy Uu tJ ~ '- ,....'''1{Jl{JDe~ Katie Lecomte, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TEMECULA PROFESSIONAL BUILDING PARCEL NO.2 OF PARCEL MAP NO. 31711 APN 959-050-013 P A06-0329 [TORI PITRUZZELLOj Dear Ms. Lecomte: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the ,completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. The project should be conditioned to use recycled water for landscape irrigation. Requirements for the use of recycled water are available from RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT b!::::: Development Engineering Manager' cc: Laurie Williams, Engineering Services Supervisor 06ICW:atl 03\FEG Rancho California Water District 42135 Winchester Road . Pru;tOffi"", R.n, 0017 . T..m....."I.. ('..Ilrn~;~ 0')"'110 on..., _ tn.:",.,..." """'" _ "'." '^"" ^^.. ..n,.... County of Riverside HEALTH SERVICES AGENCY DEPARTMENT OF ENVmONMENTAL HEALTH City of T emecula Planning Department TO: ATTN: KATIE LECOMTE FROM: (jII Greg Dellenbach, REHS RE: Plot Plan No. PA06-0329 DATE: November 13, 2006 ELIAS ALFATA APN 959-050-013 1. The Department of Environmental Health has received and reviewed the Case Number: PA06-0329 and have no objections_ Sanitary sewer and water services may be available in this area. 2. PRIOR TO PLAN CHECK SUBMITTAL, "will-serve" letters from the water and sewering agencies will be required. 3. Food Plan check will be required for any vending facilities. Contact Ian Dalgetty at 951.358-5172 for details. GD:gd (951) 955-8980 in) fnlfF-in~:-""7~! ! j;1 - . W J k' J Li Nav 1 6 2006 '~I U! ~y J Southern Califomil Gas Company' A ~ Sempra Energy. company /t'.~} jF~ {t:G .~ ,,~_ ,."';"'.;0. ',1.,..,/:;;, ,'I t,,:1.' ~~ ff i "'~ C":::: <J l/ t;;,;';.::., l/11 ~fJ n , , JAN 0 Q 2"~'~ ['J!' i By u uul ~! ~ ~~- , "''';;lmgDe~ December 27, 2006 SooIhem CaIifomia Gas Company City of T emecula Attn: Dana Schuma P,O. Box 9033 Temecula, CA 92589-9033 9400 OokddeAlmUe Ow/sworlh. C4 9JJ/J MaiJingAddt=: p.a/kJJ;23fX1 Ow/sworlh. C4 913/3-2JQ1J ML93U Subject: 12/27/06 Various Projects PA06-o240 - Cingular Monopine 41520 Margarita Rd - Temecula td 8/8-70/4546 jiD: 8/8-70/-344/ PA06-0275 - Dalton I( TPM 41925 Fifth Street PA06-o329- Temecula Professional Bldg lIS of Margarita & De Portola Southern California Gas Company, Transmission Department, has no facilities within your proposed improvement. However, our Distribution department may have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (951) 335-7725. Sincerely, 1;;,jQa; Pipeline Plannin Assistant Transmission Department ATTACHMENT NO.4 NOTICE OF PUBLIC HEARING G:\Planning\2006\PA06..Q329 Temecula Prof Bldg II Comm Dev Plan\PJanning\PC STAFF REPORT.doc 11 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Location: Environmental: Planning Application No. PA06-0329 Mr. Elias Alfata Generally located on the east side of Margarita Road approximately 300 feet north of De Portola Road (APN: 959-050-013) A Development Plan to construct an 11,595 square foot, one-story office bUilding on .92 acres In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA Section 15332, Class 32 In-fill Development Katie Le Comte, Assistant Planner Proposal: Case Planner: Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: August 29, 2007 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. -,....----- \" ... 'I .-.- ,--------- , / "\., .......... , ......, " "-,. '''\., " "-.- >"" , -, '","" "'"'" ", , ", '" "- '" ~"::>----- '",- , '''\.,''', "'-, '; ;:: , r-- '., " , j . ~ ,.,,"\. "'>1\ t "//1 ~""''?, >- / I _------------- \ I .-.-- , ,,/ r--- "\ 'I" J -' ! J -JJ JJ' I - - ,- -- -:-J-- €J:J __--::cE F!!': G:\Planning\2006\PA06-0329 Temecula Prof Bldg II Comm Dev Plan\Planning\NOPH-PC,doc I