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HomeMy WebLinkAbout07_010 DH Resolution DH RESOLUTION NO. 07-010 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0177, AN EXTENSION OF TIME FOR CASSATT ACADEMY PRE-SCHOOL (PA05-0060 A CONDITIONAL USE PERMIT TO OPERATE A PRE- SCHOOL AND A DEVELOPMENT PLAN TO CONSTRUCT AN ADMINISTRATIVE BUILDING AND THREE MODULAR CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES) LOCATED AT 39960 CALLE GIRASOL Section 1. Procedural Findinqs. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. Mrs. Mary Burnham filed' Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, and Development Code. B. Planning Application No. PA05-0060 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. Following consideration of the entire record of information received at the public hearing, and due consideration of the proposed Project, the Planning Commission adopted Resolutions 2005-24 and 2005-31 denying the Conditional Use Permit and Development Plan for Planning Application No. PA05-0060, Cassatt Academy Pre-school, finding that the Project will introduce a commercial use in an area that is predominantly rural-density, single family residences; the use of modular classrooms and administration office is not consistent with the architectural character of rural custom homes in the area; and the site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainfall. D. On June 14, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. E. On June 14, 2005, the City Council of the City of Temecula approved an appeal to the Planning Commission denial of the project and approved PA05-0060, a Conditional Use Permit application for Cassatt Academy to operate a Pre-school with a maximum capacity of 96 students between the hours of 6:30 am to 6:00 pm Monday through Friday (no regular hours of operation at night or on weekends), and construct four modular buildings, including' an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. G:\Planning\2007\PA07-0177 Cassatt Academy E01\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc I F. On June 12,2007, Faith Evarts filed Planning Application No. PA07-0177, An Extension of Time Application in a manner in accord with the City of Temecula General Plan and Development Code. G. Planning Application No. PA07-0177 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. H. The Planning Director, at a regular meeting, considered the Planning Application No. PA07-0177 and environmental review on August 30, 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. I. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0177 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0177 conformed to the City of Temecula's General Plan and Development Code (Subdivision, Development Agreement). Section 2. Further Findinqs. The Planning Director, in approving the Planning Application No. PA07-0177 hereby finds, determines and declares that: Conditional Use Permit per Section 17.04.01 O.E of the Temecula Municipal Code A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal is consistent with the land use designations and standards identified in the City of Temecula General Plan and Development Code. The site is properly planned and zoned, and found to be physically suitable for the type of proposed use. As conditioned, the project is also consistent with other requirements of state law and local ordinances, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; As conditioned, the proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures. The buildings and site have been designed to blend in with the surrounding development, and therefore will not adversely affect the adjacent uses, structures, or buildings. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and G:\Planning\2007\PA07-0177 Cassatt Academy E01\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 2 required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site is adequate in size and shape to accommodate the proposed pre-school including setbacks, fences, circulation, access, parking, landscaping, and other development standards prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use for a pre-school has been reviewed by the Fire Department, Building Department, and Public Works Department and will not be detrimental to the health, safety, and general welfare of the community because the proposed project meets all code requirements; all public improvements will be made; and the pre-school is providing a service that is needed by the community and it has been design and conditioned to minimize any adverse impacts. Development Plan per Section 17.05.010.F of the Temecula Municipal Code A. The proposed use is in conformance with the General Plan for Temecula and with all the applicable requirements of State law and other ordinances of the City; The proposed use has been reviewed and conditioned, and is in conformance with the General Plan and Development Code, and with all requirements of State law. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare; The overall development of the land is designed for the protection of the public health, safety, and general welfare because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned by the Fire Department, and Building Department to comply with the uniform building and fire codes. Section 3. Environmental Findinos. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time application: A. 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). This project is less than five acres in size and occurs within the City limits. A biology report, including a focused field survey for the presence of burrowing owls was completed for the Cassatt Academy property. This report concluded that the site has no value as habitat for endangered, rare, or threatened species. This project has been conditioned that all necessary permits associated with on-site septic systems, blue line stream and the stream's associated G:\Planning\2007\PA07.0177 Cassatt Academy EOT\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 3 floodplain shall be acquired prior to issuance of a grading permit by the City of Temecula. A Phase I archaeological survey was also completed for the site. This report concluded that no impacts to cultural resources will result from this project. Approval of the project as conditioned will not result in any significant effects relating to traffic, noise, air quality, or water quality. The site can be adequately served by all required public utilities and public services. Section 4. Conditions. The Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0177, an Extension of Time for Cassatt Academy Pre-School (PA05-0060 a Conditional Use Permit to operate a pre-school and a Development Plan to construct an administrative building and three modular classroom buildings totaling 6,048 square feet on 2.39 acres) located at 39960 Calle Girasol subject to the Conditions of Approval set forth on Exhibits A and B, attached hereto, and incorporated herein by this reference. Section 5. the City of ec PASSED, APPROVED AND ADOPTED by the Planning Director of this 30th day of August, 2007. Patrick Richardson, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-010 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 30th day of August, 2007. G:\Planning\2007\PA07-0177 Cassatt Academy E01\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 4 EXHIBIT A FINAL CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) G:\Planning\2007\PA07-0177 Cassatt Academy E01\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 5 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0177 (Extension of Time for PAOS-0060) Project Description: A Conditional Use Permit for Cassatt Academy to operate a pre-school with a maximum capacity of 96 students, and construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue Approval Date: August 30, 2007 Expiration Date: August 30, 2008 PLANNING DEPARTMENT Within 48 Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Reauirements 2. 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. G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\Final COAs.doc 1 3. This approval shall be used within one year 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 one-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The Director of Planning may, upon an application being filed within 30 days prior to expiration and for good cause, grant two more, one-year extensions of time, one year at a time. 5. 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. 6. The applicant shall comply with their Statement of Operations received April 20, 2005 and contained on file with the Planning Department, unless superseded by these Conditions of Approval. 7. All parking must be contained on site. 8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 10. If at any time during excavationlconstruction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult 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 determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\Final COAs.doc 2 EXHIBIT B FINAL CONDITIONS OF APPROVAL (DEVELOPMENT PLAN) G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 6 EXHIBIT B CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0177 (Extension of Time for PA05-0060) Project Description: A Development Plan for Cassatt Academy Pre-School to construct four modular buildings, including an administration building and three classroom buildings totaling 6,048 square feet on 2.39 acres at the northeast corner of Calle Girasol and Aussie Avenue. DIF: Service Commercial TUMF: Service MSHCP: Commercial Approval Date: Expiration Date: August 30, 2007 August 30, 2008 PLANNING DEPARTMENT Within 48 Hours of the Approval of this Project 1. The applicant 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 21108(b) and California Code of Regulations Section 15062. If within said 48-hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. 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 G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\Final COAs.doc 3 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. 3. This approval shall be used within one year 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 one-year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. 4. The Director of Planning may, upon an application being filed within 30 days prior to expiration and for good cause, grant two more, one-year extensions of time, one year at a time. 5. 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. 6. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 7. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 8. The development of the premises shall substantially conform to the approved Site Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Plan, and the Color and Material Board contained on file with the Planning Department, or as amended by the conditions herein. 9. Revised elevations and fence plans, including landscaping, shall be submitted to the Planning Department and will be approved to the satisfaction of the Director of Planning. 10. All parking must be contained on site. 11. The Landscaping Plan shall be amended as follows: a. Existing healthy trees shall be sayed where grading andlor construction is not to occur as directed by the Planning Director. Landscape construction plans shall show these existing trees and shall identify them by scientific name and the tree caliper. Perimeter fencing shall be relocated as appropriate to allow existing trees to remain. b. All shrubs shall be installed from a minimum five-gallon size container. Sub shrubs (i.e. Agapanthus, Hemerocallis) may be planted from one-gallon containers. c. Limonium perezii is not zoned for the Temecula area. A substitute shall be provided as approved by the Planning Director. d. Code requires parking areas to be screened. Additional shrub plantings shall be installed along both Calle Girasol and Aussie Avenue as approved by the Planning Director to provide for this requirement. e. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\Final COAs.doc 4 Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. f. Street trees shall be provided at the rate of one per 45' of street frontage on Aussie Avenue. Trees shall be of the same species. g. Areas designated as rock mulch shall be substituted with shrubs and ground covers as approved by the Planning Director. h. The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines. All traffic sight lines shall be shown on the landscape construction plans. i. Code requires a minimum 5' width planting area at the ends of all parking rows. The planter length is to be equal to the adjoining parking space. The planter is to contain a minimum of one tree, shrubs and ground covers. Plans shall be revised to provide for these requirements. j. Code requires a minimum of one broad canopy type tree per 4 parking spaces. The trees shall be in close proximity to the parking spaces they are to shade. Plans shall be revised as appropriate to provide for this requirement. k. Shrubs and ground covers shall be planted below trees within the parking finger islands as approved by the Planning Director. I. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. m. The applicant is advised that the City of Temecula has adopted an efficient water use plan. Landscape plans will be required to meet all requirements. n. Additional shrubs shall be installed along the northwest property line to the west of the administration building as approved by the Planning Director. 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. The condition of approval speCified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. G:\Planning\2007\PA07-0177 Cassatt Academy EOT\PlanninglFinal COAs.doc 5 Color Schedule Siding Roofing Field Color Trim Color Window Trim Color Hardi Plank Select Cedar Mill Owens Corning Fundamental Series Autumn Brown Olympic Paint Heavy Cream C14-2 Olympic Paint Bordeaux C35-6 Olympic Paint Stony Creek D13-4 14. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 15. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevations. Prior to the Issuance of Gradinq Permits 16. The applicant shall provide evidence that all permits associated with the blue line stream and its associated floodplain have been secured from including, but not limited to, Riverside County Environmental Health, Army Corps of Engineers, Department of Fish and Game, and US Fish and Wildlife. 17. The applicant shall provide confirmation from Riverside County Environmental Health that the percolation tests will allow for septic systems, and the systems have been properly placed and meet all setback requirements. 18. The applicant shall have the project reviewed by Riverside County for conformance with the Airport Land Use Compatibility Plan at a properly noticed public hearing. A copy of the conditions shall be forwarded to the City. The applicant shall be required to apply to the City to modify this approval if Riverside County applies conditions that are inconsistent with these conditions of approval. 19. 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. 20. 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. 21. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at hislher sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to G:IPlanning\2007IPA07-0177 Cassatt Academy EOTlPlanninglFinal COAs.doc 6 inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." Prior to the Issuance of Buildino Permits 22. A separate building permit shall be required for all signage. 23. The applicant shall submit a detailed plan for the employee area. This area shall include decorative furniture and hardscape to match the style of the building subject to the approval of the Director of Planning. 24. The applicant shall submit a detailed plan for the foot bridge, playground equipment, and garden planters subject to the approval of the Director of Planning. 25. The applicant shall provide an alternative fencing material to the chain link fencing identified on the Site Plan. The new fencing shall meet state licensing requirements. 26. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 27. Three copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially 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 cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). e. Submit an agronomic soils report with Construction Landscape Plans. f. 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. G:IPlanning12007\PA07-0177 Cassatt Academy EOTIPlanninglFinal COAs.doc 7 Prior to the Issuance of OccuDancv Permits 28. 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 wall are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 29. 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. 30. 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 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. 31. 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." 32. 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. 33. 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. 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\Final COAs.doc 8 PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency.. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 35. 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. 36. 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. 37. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Gradinq Permit 38. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. 39. 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. 40. 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. 41. 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. 42. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 43. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze G:\Planning\2007IPA07-0177 Cassatt Academy EOnPianninglFinal COAs.doc 9 and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 44. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 45. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works 46. 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. 47. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 48. 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. 49. 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. 50. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. G:IPlanning\2007IPA07-0177 Cassatt Academy EOT\PlanninglFinal COAs.doc 10 51. A drainage channel and/or flood protection wall will be required to protect the structures by diverting sheet runoff to streets, or to a storm drain. Prior to Issuance of a Buildino Permit 52. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. c. Improvement plans shall extend 300 feet beyond the project boundaries. d. Minimum centerline radii shall be in accordance with City of Temecula's Standard No. 113. e. All street and driveway centerline intersections shall be at 90 degrees. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. 53. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Calle Girasol (Collector Road Standards - 66' R1W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, AC berm, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Aussie Avenue (Local Road Standards - 60' R1W) to include dedication of half-width street right-of-way plus twelve feet, installation of half-width street improvements plus twelve feet, paving, AC berm. drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 54. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 55. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, AC berm, drive approaches, signing and striping as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 56. 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. G:\Planning\2007\PA07-0177 Cassatt Academy EOT\Planning\Final COAs.doc 11 57. 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. 58. 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. Prior to Issuance of a Certificate of Occupancv 59. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance frorn the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 60. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 61. 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. BUILDING AND SAFETY DEPARTMENT 62. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 63. 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. 64. 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. 65. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 66. Obtain all building plans and permit approvals prior to commencement of any construction work. 67. Obtain street addressing for all proposed buildings prior to submittal for plan review. G:IPlanning\2007\PA07-0177 Cassatt Academy EOTlPlanninglFinal COAs.doc 12 68. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 69. Provide disabled access from the public way to the main entrance of the building. 70. Provide van accessible parking located as close as possible to the main entry. 71. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 72. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 73. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 74. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable 75. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 76. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 77. Show all building setbacks. 78. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Ternecula 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 79. 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 2001 (CBC). California Fire Code 2001 (CFC), NFPA 72 and related codes which are in force at the time of building plan submittal. 80. 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 1750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of NIA GPM for a total fire flow of 1750 GPM with a 2 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 G:IPlanning\2007\PA07-0177 Cassatt Academy EOT\PlanninglFinal COAs.doc 13 Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). 81. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix IIl-B, Table A-IlI-B-1. A minimum of 2 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250' feet from any point on the street or Fire Department access road(s) frontage to a hydrant. Please show locations of proposed and existing fire hydrants on final plan submittal. Also show related property lines on plans' for reference. 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). 82. 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 tbe facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site or public fire hydrants are required (CFC 903.2). 83. 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). 84. 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). 85. Prior to building construction, all locations where structures are to be built shall have approved Fire Department vehicle access road. Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet ( CFC sec 902). 86. 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 8704.2 and 902.2.2.2). 87. Please show engineering detail of proposed culvert on final plan submittal as an elevated all weather surface capable of supporting 80,000 GVW. 88. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent ,(CFC 902.2.2.6 Ord. 99-14). 89. 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). 90. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow G:IPlanningI2007IPA07-0177 Cassatt Academy EOTlPlanninglFinal COAs.doc 14 standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). 91. 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). 92. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters 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). 93. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for occupancy or use, the developer shall install a State Fire Marshal approved fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted under separate permit to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). '94. 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). 95. 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). 96. 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. This may be provided with Final plan submittal. COMMUNITY SERVICES DEPARTMENT General Conditions 97. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 98. 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. 99. The Applicant shall comply with the Public Art Ordinance. 100. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. G:IPlanning\2007\PA07-0177 Cassatt Academy E01\PlanninglFinai COAs.doc 15 Prior to issuance of Buildina Permits 101. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 102. Prior to the first building permit or installation of street lighting which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2007\PA07-0177 Cassatt Academy.EOT\Planning\Final COAs.doc 16