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HomeMy WebLinkAbout08_004 PC Resolution . PC RESOLUTION NO. 08-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND A CONDITIONAL USE PERMIT FOR A HELlPAD FOR A SITE LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (HIGHWAY 79 SOUTH), APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0202)" Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. ("UHS") filed Planning Application Numbers PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\CUP Resolution (Ol-09-2008).DOC . F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-04, recommending approval of the Conditional Use Permit and Development Plan for the Project (PA04-0463). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report, at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NUMBERS PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571 )." L. On January 24, 2006, the City Council considered the Conditional Use Permit and Development Plan for the Project (PA04-0463) 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 of or opposition to this matter. G:\Planning\2007IPAD7-0198 Temecula Regional Hospital GPA. SEIRIPlanning\Planning CommissionlDraft ResolutionslPCICUP Resolution (Ol-D9-2008l.DOC 2 . M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Resolution No. 06-07, approving the Conditional Use Permit and Development Plan for the Project (PA04-0463). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: 1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5,2007 through December 5,2007. S. On January 9, 2008, the Planning Commission considered Planning Application Numbers PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan) and PA07-0201 (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080- 007 through 959-080-010 ("Project"), 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 of or opposition to this matter. G:\Planning\2007\PA07-0l98 Temecula Regional Hospital GPA. SEIRIPlanning\Planning CommissionlDraft ResolutionslPCICUP Resolution (Ol-09-Z008).DOC 3 . T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve a Conditional Use Permit for a 320-bed hospital facility and a Conditional Use Permit for a helipad (collectively the "Conditional Use Permits") (PA07-0202), subject to and based upon the findings set forth hereunder. V. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Findinas for Conditional Use Permit for Hospital Facilitv. The Planning Commission, in recommending approval of the Conditional Use Permit for a 320-bed hospital facility (PA07-0202), as required by Section 17.04.010 of the Temecula Municipal Code, hereby finds, determines and declares that: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1);" "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development (Goal 2);" and "a City which is compatible and coordinated regional land use patterns (Goal 8)." The proposed Project provides a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a State highway. The Project has been designed to mitigate various potentially significant impacts via an EIR, Mitigation Monitoring Program, and Conditions of Approval in which circulation, noise, light and glare, biological impacts and air quality has been reviewed and conditioned so the Project can co-exist with the surrounding rural residential area. The Project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid-rise structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, 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 as designed and G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\CUP Resolution (Ol-09-2008).DOC 4 . conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. An Initial Study and an EIR was prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biology to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the Project site towards residential areas by eliminating left turn options and focusing the primary access points along the State highway. Additional landscaping and berming are included in the Conditions of Approval to screen the height and reduce noise. The tallest buildings were relocated closer to the State highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the Project site to utilize commercial and the State highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than Y. mile from the Project site. The Project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320-bed hospital on a 35.31-acre site. The Project has been reviewed and it is determined that the Project is in compliance with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The Project also provides amenities such as a multi-use trail between the Project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features 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 Permit is for a 320-bed hospital. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed Project will actually contribute to the long- term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permits, the California Office of Statewide Health and Planning Development (OSHPOD) and/or the City of Temecula G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\PJanning Commission\Draft Resolutions\PC\CUP Resolution (Ol-09-2008).DOC 5 - Building Department and Fire Department will review the construction plans for compliance with applicable building and fire codes. Section 3. Further Findinas. The Planning Commission, in recommending approval of the Conditional Use Permit for a helipad (PA07-0202), as required by Section 17.04.010 of the Temecula Municipal Code, hereby finds, determines and declares that: A. The helipad is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. B. The helipad shall not be used until the Applicant applies for and obtains a Special Use Helipad Permit for an Emergency Medical Services Landing Site, as provided for in the California Code of Regulations, Title 21, Section 3527, Airport and Heliport Definitions. This permit allows, over any 12-month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event. C. Noise exposure from helicopter flights will be minimized to the extent practicable because helicopter pilots responding to calls for patient transport shall be informed of the preferred approach and departure heading of 1350 southeast, which avoids flying over residential areas. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve the Conditional Use Permit to establish a 320-bed hospital facility and the Conditional Use Permit for a helipad for a site located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080- 004 and 959-080-007 through 959-080-010 as set forth in Application Number PA07- 0202, subject to the specific Conditions of Approval set forth in Exhibit A draft City Council Resolution, attached hereto, and incorporated herein by this reference as though set forth in full. G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\CUP Resolution (Ol-09-2008).DOC 6 . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 9th day of January 2008. ATTEST: 'iJrJh/k . 14~ '-yh-- Debbie Ubnoske, Secretary ;~- , -, ..~, , . , LS'EACj:'~': '. ~:.. ..--. ,........... ,,-: '..,,: ~''''\..~..~ :.~ ;. ';-:' e--~:. -;. _..~&- - . - ~ '....., ' -=""" ~>TJ\TE OF CALlF9R~IA ) COlJNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-04 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 9th day of January 2008, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 1 PLANNING COMMISSIONERS: Chiniaeff 'fWAl?kO ~ Y- Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0198 Temecufa Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\CUP Resolution (Ol-09-2008).DOC 7 - EXHIBIT A DRAFT CITY COUNCIL RESOLUTION G:\Planning\2007\PA07-o198 Temecula Regional Hospital GPA, SEIR\Planning\Planning CommissionlDraft Resolutions\PCICUP Resolution (01-09-2008).DOC 8 - RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND A CONDITIONAL USE PERMIT FOR A HELlPAD FOR A SITE LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (HIGHWAY 79 SOUTH), APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0202) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. ("UHS") filed Planning Application Numbers PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. - F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-04, recommending approval of the Conditional Use Permit and Development Plan for the Project (PA04-0463). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report, at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NUMBERS PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571 )." L. On January 24, 2006, the City Council considered the Conditional Use Permit and Development Plan for the Project (PA04-0463) 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 of or opposition to this matter. - M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Resolution No. 06-07, approving the Conditional Use Permit and Development Plan for the Project (PA04-0463). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5, 2007 through December 5, 2007. S. On January 9, 2008, the Planning Commission considered Planning Application Numbers PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan), PA07-0201 (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080- 007 through 959-080-010 ("Project"), 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 of or opposition to this matter. - T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 08-05, recommending approval of a Conditional Use Permit for a 320-bed hospital facility and a Conditional Use Permit for a helipad (collectively the "Conditional Use Permits") (PA07-0202). V. On January 22, 2008, the City Council rescinded and invalidated its approvals of Planning Application Numbers PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010. W. On January 22, 2008, the City Council considered the Conditional Use Permits (PA07-0202) 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 of or opposition to this matter. X. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 08- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NUMBERS PA07-0198 (GENERAL PLAN AMENDMENT), PA07-0199 (ZONE CHANGE), PA07-0202 (CONDITIONAL USE PERMITS), PA07-0200 (DEVELOPMENT PLAN) and PA07-0201 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959- 080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571 )." The new Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Y. All legal preconditions to the adoption of this Resolution have occurred. - Section 2. Findinas for Conditional Use Permit for Hospital Facilitv. The City Council hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code for a conditional use permit for the 320-bed hospital facility: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1 );" "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development (Goal 2);" and "a City which is compatible and coordinated regional land use patterns (Goal 8)." The proposed Project provides a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed Project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a State highway. The Project has been designed to mitigate various potentially significant impacts via an EIR, Mitigation Monitoring Program, and Conditions of Approval in which circulation, noise, light and glare, biological impacts and air quality has been reviewed and conditioned so the project can co-exist with the surrounding rural residential area. The Project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid-rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, 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 as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. An Initial Study and an EIR was prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biology to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the State highway. Additional landscaping and berming are included in the Conditions of Approval to screen the height and reduce noise. The tallest buildings were relocated closer to the State highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and - leaving the project site to utilize commercial and the State highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than Y. mile from the Project site. The Project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320-bed hospital on a 35.31-acre site. The Project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides amenities such as a multi-use trail between the Project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features 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 Permit is for a 320-bed hospital. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed Project will actually contribute to the long- term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permits, the California Office of Statewide Health and Planning Development (OSHPOD) and/or the City of Temecula Building Department and Fire Department will review the construction plans for compliance with applicable building and fire codes. Section 3. Findinas for Conditional Use Permit for Helipad. The City Council hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code for a conditional use permit for a helipad: A. The helipad is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.1 0.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. - B. The helipad shall not be used until the Applicant applies for and obtains a Special Use Helipad Permit for an Emergency Medical Services Landing Site, as provided for in the California Code of Regulations, Title 21, Section 3527, Airport and Heliport Definitions. This permit allows, over any 12-month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event. C. Noise exposure from helicopter flights will be minimized to the extent practicable because helicopter pilots responding to calls for patient transport shall be informed of the preferred approach and departure heading of 1350 southeast, which avoids flying over residential areas. Section 4. Conditional Approval. The City Council of the City of Temecula hereby approves the Conditional Use Permit to establish a 320-bed hospital facility and the Conditional Use Permit for a helipad for a site located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 as set forth in Application No. PA07-0202 subject to the specific Conditions of Approval set forth in Exhibit A and Exhibit B, attached hereto, and incorporated herein by this reference as though set forth in full. - Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of January, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 22nd day of January, 2008 by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: ABSTAIN: Susan W. Jones, MMC City Clerk - . EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: PaDD G:IPlanningI2007IPA07-0202 Temecula Regional Hospitai CUPIPlanningICOA-CUP.doc 1 - ACCEPTANCE OF CONDITIONS OF APPROVAL I, (print name) understand that Planning Application No. PA07-0202 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in CC Resolution No. 08-_ and understand them. . Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. SIGNA TURE DATE G:IPlanning\2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 2 - EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL (HOSPITAL) !,Ianning Application No.: PA07-0202 Project Description: A Conditional Use Permit establishing a 320-bed hospital facility approximately 408,160 square feet within a related Development Plan (PA04-0463) located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 MSHCP Category: DIF Category: Commercial Office TUMF Category: Service Commercial/Office Approval Date: Determined by City Council Action Expiration Date: Determined by City Council Action 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 Two Thousand Six Hundred Seventy Dollars and seventy-five cents ($2,670.75) which includes the Two Thousand Six Hundred Six Dollars and seventy-five cents ($2,606.75) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:IPlanningI2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 3 - GENERAL REQUIREMENTS G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 4 - 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 applicant shall comply with the Mitigation Monitoring Program for Planning Application Numbers PA07-0198, PA07-0199, PA07-0200, PA07-0201 and PA07-0202. 5. The applicant shall comply with their Statement of Operations dated June 30, 2004, on file with the Planning Department, unless superseded by these Conditions of Approval. 6. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 7. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permi!. 9. 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. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the conditional use permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 11. A separate building permit shall be required for all signage (Sign Program may be required). G:\Planning\2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 5 - 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. The applicant shall paint a three-foot x three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 14. 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. 15. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 16. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 17. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning prior to issuance of a building permit. 18. The applicant shall pursue agreements with all emergency service providers stating that emergency vehicles shall turn off sirens no less than one quarter of a mile from the project site. 19. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 20. The applicant shall obtain the approval of the Aviation Division of Caltrans and the Federal Aviation Administration, if required, to operate the proposed helipad. All construction and operational requirements of Caltrans and the Federal Aviation Administration shall be complied with. The applicant shall provide a copy of these agencies approval documents to the Planning Director within 30 days of their approval action.1 Fire Prevention 21. The Fire Prevention Bureau is required to set a minimum fire fiow for residential land division 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 with a 4-hour duration. The required fire fiow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). 22. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. Super fire hydrants (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 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The G:\Planning\2007\PA07 -0202 Temecula Regional Hospital CUP\Planning\COA-CUP .doc 6 . required fire flow shall be available from any adjacent hydrant(s) in the system (CFC 903.2, 903.4.2, and Appendix III-B). 23. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case by case basis when they maintain the required travel widths and radii. 24. 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). This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. Police Department 25. All exterior lighting surrounding the project site should be energy-saving and minimized after 11 :00 PM to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. 26. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 27. All doors, windows,locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 28. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 29. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant buildings located within the center should have their own alarm system. 30. All roof hatches shall be painted "International Orange." 31. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. G:\Planning\2007\PA07-0202 Temecula Regional Hospital GUP\Planning\COA-CUP.doc 7 - PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 8 - Planning Department 32. 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. 33. 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. 34. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 35. Prior to the issuance of grading permits, the developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 36. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 37. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 38. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and ground breaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 39. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 40. All sacred sites are to be avoided and preserved. G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 9 - Fire Prevention 41. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial (CFC 902.2.2.3, CFC 902.2.2.4). 42. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. 43. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 44. 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). 45. 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:IPlanningI2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 10 - PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2007IPA07.0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 11 - Planning Department 46. 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. 47. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning prior to issuance of a building permit. 48. All downspouts shall be internalized. 49. 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 (2) 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 applicanUowner shall contact the Planning Department to schedule inspections. G:IPianning\2007\PA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 12 - 50. 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. 51. 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. 52. Building plans shall indicate that all roof hatches shall be painted "International Orange." 53. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Fire Prevention 54. Prior to building permit or building construction, 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 (CFC 8704.2 and 902.2.2.2). 55. 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 for all private water systems pertaining to the fire service loop. 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. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 241-4.1). 56. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones (CFC Appendix II-A). G:IPlanningI2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 13 - PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\2007IPA07-0202 Temecula Regionai Hospital CUPIPlanningICOA-CUP.doc 14 - Planning Department 57. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 58. All required landscape planting and irrigation shall be 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. 59. 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. 60. Each parking space reseNed 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." 61. . 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. 62. 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. 63. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 64. Prior to Occupancy and 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 G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 15 - shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet ( CFC see 902). 65. 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). 66. Prior to issuance of Occupancy all manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4). 67. 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 Arclnfo/ArcView 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. G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 16 - EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL (HELlPAD) Planning Application No.: PA07-0202 Project Description: A Conditional Use Permit establishing a helipad within a related Development Plan (PA04-0463) located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road Assessor's Parcel No. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 MSHCP Category: DIF Category: TUMF Category: Commercial Office Service Commercial/Office Approval Date: Determined by City Council Action Expiration Date: Determined by City Council Action 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 Two Thousand Six Hundred Seventy Dollars and seventy-five cents ($2,670.75) which includes the Two Thousand Six Hundred Six Dollars and seventy-five cents ($2,606.75) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. 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 review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:IPlanningI2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 19 - GENERAL REQUIREMENTS G:IPlanning\2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 20 - 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 applicant shall comply with the Mitigation Monitoring Program for Planning Application Numbers PA07-0198, PA07-0199, PA07-0200, PA07-0201 and PA07-0202. 5. The applicant shall comply with their Statement of Operations dated June 30, 2004, on file with the Planning Department, unless superseded by these Conditions of Approval. 6. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 7. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permi!. 9. 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. 10. if commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the conditional use permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 11. A separate building permit shall be required for all sign age (Sign Program may be required). G:\Planning\2007\PA07.0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 21 - 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 14. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning prior to issuance of a building permit. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 16. The flight path for all helicopter traffic arriving and departing the project site shall be limited to the Highway 79 South corridor and commercial areas, unless it is determined unsafe due to weather conditions. Flights over residential areas shall be avoided to the greatest extent possible. PRIOR TO SUBMITTING HOSPITAL PLANS TO THE CALIFORNIA OFFICE OF STATEWIDE HEALTH AND PLANNING DEVELOPMENT (OSHPOD) 17. The applicant shall obtain the approval of the Aviation Division ofCaltrans and the Federal Aviation Administration, if required, to operate the proposed helipad. All construction and operational requirements shall comply with Caltrans and the Federal Aviation Administration. shall be complied with. The applicant shall provide a copy of these agencies approval documents to the Planning Director within 30 days of their approval action.\ Fire Prevention 18. 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. Police Department 19. All exterior lighting surrounding the project site should be energy-saving and minimized after 11 :00 p.m. to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. 20. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one-foot candle of light at ground level, evenly dispersed. 21. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 22. Any graffiti painted or marked upon the buildings shall be removed or painted over within 24 hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. G:IPlanning\2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 22 . 23. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant buildings located within the center should have their own alarm system. 24. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. G:IPlanningI2007\PA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 23 - PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2007\PA07-0202 Temecufa Regional Hospital CUP\Planning\COA-CUP.doc 24 - Planning Department 25. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement oftransformer(s) and double detector check prior to final agreement with the utility companies. 26. 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. 27. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 28. Prior to the issuance of grading permits, the developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 29. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 30. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 31. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 32. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 33. All sacred sites are to be avoided and preserved. G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 25 - PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 26 - Planning Department 34. 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. 35. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning prior to issuance of a building permit. 36. 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. 37. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group G:IPlanningI2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA-CUP.doc 27 - 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 confiicts with trees. Fire Prevention 38. Prior to building permit or building construction, 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 (CFC 8704.2 and 902.2.2.2). 39. 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 for all private water systems pertaining to the fire service loop. 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. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). 40. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones (CFC Appendix II-A). G:\Planning\2007\PA07-0202 TemecuJa Regional Hospital CUP\Planning\COA.CUP,doc 28 - PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\PJanning\2007\PA07-0202 Temecura Regional Hospital CUP\Planning\COA-CUP.doc 29 - Planning Department 41. 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 mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment is visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing appropriate screening reviewed and approved by the Director of Planning. 42. 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. 43. 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. 44. 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." 45. 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. 46. 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. 47. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 48. Prior to Occupancy and 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 see 902). G:\Planning\2007\PA07-0202 Temecula Regional Hospital CUP\Planning\COA-CUP.doc 30 . 49. 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). 50. Prior to issuance of Occupancy all manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4). 51. 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 Arclnfo/ArcView 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. G:IPlanning\2007IPA07-0202 Temecula Regional Hospital CUPIPlanningICOA.CUP.doc 31