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HomeMy WebLinkAbout030508 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE March 5, 2008 - 6:00 P.M. Next in Order: Resolution No. 2008-12 CALL TO ORDER Flag Salute: Roll Call: PUBLIC COMMENTS Commissioner Guerriero Carey, Chiniaeff, Guerriero, Harter, and Telesio A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary rior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. COMMISSION BUSINESS CONSENT CALENDAR R:IPLANCOMM W gendas\2008\030508. doc PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the projects) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. New Items 2 Damko. Associate Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, March 19, 2008, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:IPLANCOMMV\gendas\2008\030508.doc rviaiuarna rtuau .7U1[e l VL. Haile Le l;Ofrlre ASSIStant Planner ITEM #1 STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: March PREPARED BY: Dana Schuma TITLE: Associate Planner PROJECT Planning Application Nos. PA07-0324 and PA07-0323, a DESCRIPTION: Conditional Use Permit to allow for a specialty market (Fresh & Easy) with the incidental sale of beer and wine, and a Major Modification to allow for minor site plan adjustments and a building redesign within Redhawk Pavilion to develop a 16,010 square foot building for Fresh & Easy market, located at 44060 Margarita Road RECOMMENDATION: ®Approve with Conditions ^ Deny ^ Continue for Redesign ^ Continue to: ^ Recommend Approval with Conditions ^ Recommend Denial CEQA: ^ Categorically Exempt (Section) (Class) ® Notice of Determination (Section) ^ Negative Declaration 15162 ^ Mitigated Negative Declaration with Monitoring Plan ^ EIR G:\Planning120071PA07-0323 Fresh & Easy Major MOD\Planning\PC Staff Report.doc t PROJECT DATA SUMMARY Name of Applicant: Date of Completion: Mandatory Action Deadline Date: General Plan Designation: Zoning Designation: Site/Surrounding Land Use: The Bergman Company November 15. 2007 March 5. 2008 Neighborhood Commercial (NC) Paloma Del Sol Specific Plan No. 4 (SP-4) Site: Two Retail Commercial Buildings North: Existing office building South: Existing retail commercial center East: Vacant West: Vacant -future office development Lot Area: Total Floor Area/Ratio 2.64 gross acres/114,963 SF Proposed Structure for the Site Building 1: 16,010 square feet Approved Structures for the Site Building 2: 4,686 square feet Building 3: 7,472 square feet Total FAR for Site Center Total: 28,168 square feet 0.25 FAR Landscape Area/Coverage: 29,388 square feet/26 percent Parking Required/Provided: 94 required/126 provided BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. Applications fora Conditional Use Permit and a Major Modification were submitted on November 15, 2007. A DRC meeting was held on December 13, 2007, to discuss site, landscaping, architecture, and other departmental issues. The applicant submitted revised plans on January 16, 2008. The site plan and building elevations were slightly modified to address staff comments. G:1Planning12007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Slaff Report.doc 2 ANALYSIS Conditional Use Permit The 2.64 acre site is zoned Paloma del Sol Specific Plan (SP-4). The Specific Plan Zoning Ordinance allows for food markets in the Neighborhood Commercial land use designation of Planning Area 36. However, the Temecula Development Code does not permit for retail grocery stores within Neighborhood Commercial zoning districts. Since there is a discrepancy between the two documents and the proposed Fresh & Easy use is considered to be a retail market that specializes in a specific class of food and related products, it was determined that the use would be conditionally permitted as a specialty market. Additionally, Section 17.10.020.6.2 of the Development Code states, "Grocery stores... may offer the incidental sale of alcoholic beverage in conjunction with an otherwise allowable use as a permitted use, unless such uses are otherwise conditionally permitted by another provision of this Title." Since specialty markets are conditionally permitted in Neighborhood Commercial zoning districts, the incidental sale of beer and wine is also a conditionally permitted use. The proposed sale of beer and wine requires aType-20 license from the Department of Alcoholic Beverage Control (ABC). The applicant provided a "Statement of Operations' (attached) for staffs review in determining the appropriateness of the proposed market use. The market use to be approved with this request will operate between the hours of 7 a.m. and 12 a.m., seven days a week. The surrounding properties have very similar use types as the proposed conditional use. To the south of the site is an existing commercial center with an Albertsons grocery store and the vacant site to the east is zoned for future community commercial development. The proposed project will provide a small neighborhood market in a safe and convenient location for surrounding residents. The proposed use is located in Census Tract 432.22. Staff has discussed the conditional use with ABC and has determined that the Census Tract is not over-concentrated. Currently, only two licenses exist within Census Tract 432.22. Of the two existing licenses, there is one Type- 47license authorizing on-site alcohol sales at a general eating place and one Type-20 license authorizing off-site beer and wine sales. Staff identified no major concerns in reviewing the proposed conditional use. The proposed use is not located within 500 feet of any schools, churches, or public parks. The use does not jeopardize or adversely affect the character of the area as it will allow the market to be competitive with other similar businesses selling beer and wine. Therefore, the proposed use, a specialty market with incidental sale of beer and wine, is consistent with the General Plan, as well as with the Neighborhood Commercial zoning designation of the Paloma del Sol Specific Plan and the Development Code. Major Modification The originally approved Development Plan (Redhawk Pavilion, PA06-0046) included three retail buildings totaling 29,498 square feet. The modification proposes to redesign a portion of the approved commercial site to accommodate a new 16,010 square foot building for Fresh & Easy market. The proposed building will replace the originally approved two-story, multi-tenant retail building (building one). No changes are proposed for the other approved buildings G:\Planning12007\PA07-0323 Fresh & Easy Major MOD\Planning\PC StaR Report.doc 3 (buildings two and three), and both are currently under construction consistent with the approved Development Plan. The proposed modification will result in 28,168 square feet of building area, 1,330 square feet less than originally approved for the site. The target Floor Area Ratio (FAR) for Neighborhood Commercial (NC) development is 0.25 and the proposed project FAR is 0.25. The proposed Fresh & Easy building (building one) will be 35 feet in height and consist of two units: a 14,580 square foot unit for Fresh & Easy and a 1,430 square foot unit for a future subtenant. The project modification is consistent with the FAR and building height standards for the zoning district. Architecture The originally approved commercial buildings for Redhawk Pavilion featured an architectural style which incorporates eclectic Spanish features including low profile mission concrete the roofs, prominent arches, accenting columns and decorative wrought iron. The stucco exteriors consist of two primary wall colors, one accent color, one trim color, stone veneer along the base, and precast columns with painted trim. No exterior changes are proposed as a part of the Major Modification proposal for buildings two and three. As part of the Major Modification request to redesign building one, new architectural elevations have been proposed to accommodate the newly configured building footprint. The proposed building elevations incorporate some of the originally approved Spanish features as well as some of the unique architectural features associated with Fresh & Easy markets. Consistent with the other approved buildings within the commercial development, the Fresh & Easy building incorporates low profile mission concrete tiles, precast columns, arched recesses, stone veneer base, and decorative wrought iron. The building exterior will be painted the same colors as the other buildings on the site; however, an additional three accent colors will be added to the palette to help provide various breaks in the wall planes and enhance the parapet design. The entryway of the building has been emphasized with an asymmetrical roof pitch, wrought iron canopies, and large expanse of windows. The architectural design of the Fresh & Easy building complete with Spanish elements is consistent with the Design Guidelines and architectural standards required by the Paloma del Sol Specific Plan. Landscaping A total of 26 percent of the site will be landscaped. A portion of the originally approved landscape plan has been modified to accommodate the new use. The proposed landscape plantings have been coordinated with the originally approved plantings. The modified landscaping plan will be complimentary to the new building design as well as the overall commercial center. A mix of trees, shrubs and ground cover will be installed to frame and soften the proposed building, delivery truck loading dock, and associated parking. Landscaping will be installed in planter areas adjacent to the building, in new parking areas, and around outdoor plaza areas. G:\Planning\20071PA07-0323 Fresh & Easy Major MOD\Planning\PC Staff Report.doc 4 The Plaza Area (PA) that was originally approved on the south side of building one was affected by the building redesign and footprint shift. This area has been relocated to the west side of building three so patrons may still enjoy outdoor seating within the commercial center. The outdoor area will be enhanced with decorative paving and landscaping. Additionally, the project still includes, in compliance with the Paloma del Sol Specific, two pedestrian connections located on the south and east areas of the site, which provide access to the PA 1 and PA 38 adjacent to the site. The landscape changes resulting from the proposed modification are consistent and meet the intent of the Paloma del Sol Specific Plan landscape standards and the Development Code standards. Access. Circulation, and Parkino The on-site circulation will be slightly modified as a part of the Major Modification. The redesign proposes a minor change in the building layout. The building length will be shortened and the building width expanded, resulting in a pad shift to the south and west. As a result, the site parking lot will be reconfigured to add two rows of parking on the north side of building one. The parking spaces approved to the west and south of building one will be eliminated. The parking spaces on the east side of the site will remain. Access to the site is not impacted by the modification. The site has two points of access, one provided via an entrance off of De Portola Road and the second provided via an entrance off of Margarita Road. The project also has a shared access drive with the property adjacent to the south. This shared driveway will serve as an ingress point for Fresh & Easy delivery trucks. A reciprocal access agreement has been recorded between the property owners to allow for this circulation. The Department of Public Works has analyzed the proposed traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City of Temecula General Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. A total of 148 parking spaces were originally approved far the commercial center. The modification reduces the total site parking to 126 spaces. Originally, the center included 7,000 square feet of restaurant space, which required parking to be provided at a ratio of one space per 100 square feet of building area. The modification to building one has eliminated that parking requirement since the restaurant space is being replaced by a specialty market. The parking requirement for the commercial site is one per 300 square feet of building area. With 28,168 square feet of building area, the site requires 94 spaces to be provided. Therefore, staff has determined the parking is sufficient for the site and the modification will not create a parking shortage. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 23, 2008 and mailed to the property owners within the required 600-foot radius. G\Planning\2007\PA07-0323 Fresh 8 Easy Major MOD1PIanninglPC Stag Report.doc 5 ENVIRONMENTAL DETERMINATION The proposed project has been determined to be consistent with the previously approved EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). The proposed Major Modification will result in minor site plan adjustments, but will not intensify the development and therefore will not result in effects that were not discussed in the previously adopted EIR for the Paloma del Sol Specific Plan. The EIR certified for the Paloma del Sol Specific Plan properly addressed all of the environmental issues encompassed within the Major Modification. There have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, and no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan and Development Code, as well as the Rancho Pueblo Planned Development Overlay (PDO-6). The project is consistent with all applicable ordinances, standards, guidelines, and policies. Staff recommends approval of the Major Modification subject to the attached Conditions of Approval. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the general plan and the development code. The proposed use is conditionally permitted in the Neighborhood Commercial zoning designation contained in the City's Development Code and consistent with the General Plan and Paloma del Sol Specific Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and Fire and Building Codes. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD1PIanning\PC Staff Report.doc 6 The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures because it will provide additional convenience for the community, and allow the business to be competitive with other similar markets selling beer and wine in the vicinity of the site. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and will be a complimentary addition to the area in that it will provide a safe and convenient neighborhood market for surrounding residents. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, 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 proposed conditional use is consistent with the Paloma del Sol Specific Plan and with the Development Code and the project meets all of the applicable requirements for commercial development. The site is adequate in size and shape to accommodate the proposed use without adversely affecting fhe yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate fhe use with other uses on the site and in the neighborhood. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the use will function in a manner consistent with the public health, safety and welfare. Development Plan (Development Code Section 17.05.010 The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City. The proposed use is consistent with the General Plan and the Paloma del Sol Specific Plan land use designation, and with the development standards and zoning requirements for project to be constructed within a Neighborhood Commercial zoning district. The project meets all applicable design standards required by the Paloma del Sol Specific Plan and Citywide Design Guidelines. The site is properly planned and zoned, and as conditioned, is physically suitable for fhe type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and all applicable fire and building codes. The overall development of the land is designed for the protection of the public health, safety and general welfare. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Staff Report.doc 7 The overall design of this project, including the site design, building elevations, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner which will protect the public health, safety and general welfare. ATTACHMENTS 1. Vicinity Map -Blue Page 9 2. Plan Reductions -Blue Page 10 3. PC Resolution OS-_-Blue Page 11 Exhibit A -Draft Conditions of Approval 4. PC Resolution OS-_ -Blue Page 12 Exhibit A -Draft Conditions of Approval 5. Statement of Operations -Blue Page 13 6. Statement of Justification -Blue Page 14 7. Notice of Public Hearing -Blue Page 15 G:\Planning12007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Staff Report.doc 8 ATTACHMENT NO. 7 VICINITY MAP G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\PlanninglPC Staff Report.doc 9 OORIE CAROENASy Y P O CORTE AVPLOS O O ~"c 9BRAl 9r r a v f N G P A OgCCE NOVELNP - _ ~ _ ~ . ~ ;m a _ m f 9 N R Sy 9,pT CORTE PLGETE Os ~~ ~ GP 9e9NA V1P F~0~ 9 WP ~ .. MON~V ... LEENPV`N . ~(6 ~iy ~/'y/A%p0 CP `EGP .\ - C'u11NO CALIARI L/q T9F i. .m:. ~' ~UO~ Q . O' '. .. f m OR ~S ,W - Q' ~ GORTEUTNEHMER .. -~ '{~+ q GNryT!) .O ~ ~ ~~. - - C~CFRFO a c'Q. 0.4, ` Qpt~EeP ~ ~ VNBNP~NO~ . L . ~': ENO. C'" 0 9 0Gpt di 09~j: ` 9 REjA ~ ~yf. cay~eP - ~Fi UL9 A~ 0 CO 9Q ~O U Q O Q T yp O Oa- OP GP _ G~ ~Q oORtO~' ~ ~ PA07-0323 CAMPq~VU~ ~ , m- _ A m ~. N O N~ UPBtOLO O O 2 r~ 2 O A t~EPTNERWY O Gy A GW,IE UOSPMRES np OFp O!m < o w ~i ~ A d < C Z G O n p; S p 9 m ~O VIA SANTA INES V1PRt0 TEMEGU~RO NA P y0 f ENVP\`O - RFO GPfCO ti9 OJ~~ P ~R ~rPe 02 V~S~P y02 RO ~ P~ LOMP UNOA 0 195 390 ]80 ~,1~0 1560 Feet ATTACHMENT NO. 2 PLAN REDUCTIONS G:\Planning\2007\PA07-0323 Fresh 8 Easy Major MOD\Planning\PC Staff Report.doc 70 ~- s a~~~ ~~s~ N5 e 9SP 4 ~i 0 Q 2 a ti R Q Q Q ~gg g d3 F ~~ s s's ~I~~~~I I~ ssis "~" ~gg.;i t ~ oq~g~ !~ !@ :I2. 9~ I E a g~~6€~sp~sy~4p~4p6~ ~~~~~~Q ~- sg~~~ R•~~ ~g! ~3~c kf€1€~ ~~~9~'E ~I~~ tl~~ ~3€E Y~ 4 p~g ~b ! ~a gg4 i5 c' ~ 9~ i 9 ~' S8 gg ~, ~ g ~! e5 ~& ~ ~ ~~ ~ q~q ~ ~ O[~~ ~ 56599 Q jg pS~d &F(F({{ E5E5 dd EygYpg ~ i $ ~ 2e deg e ~ ~ ~ 9~ ~i~F 3 ~~ Iii€~~~~~I~~ dE~E~~~ ~~€~g ~E~ e ~~ Q s Z" 3 p E ~ ~ ~ op ~U N `m ~ _ ~m m ~o~ U N avow p'701aOd 30 I 9 a Y6>~vID'"`w w~'.~'m°~""4 ®swHrne aunre xaevmae ~~~~ -~~ e~~ ,1" `4r 4~A ~ns~.~w~u.um ~.m sorn1 aono amw m.~vimai aarwmuw uor NOfNVd JIMYFi®J ~ i>~ I 3 ~ _ a o a ` 3MttL~311FIJW 3dYJSONVI dflOkfJ 4'Fl~YVH"IV ~.,.,, ~ NOfMVd JIMMi®kl i~ cua E'ti ~ ~ x i J a zo ' rm, ° e€~ E ~~~~ ~ gag F~pp"~~ ~qG ~~ £F~ ~~ Ea ~B~ a~ B ~ll~ seaaXt :AlA_~ e rreeECr kA9d8tl6$ 3 ~F~$~"R~, F~q3 $j ~~$g~~ $ ~$~5c~~' s ~ "~a ® ® 5 x ~R~° Y ~ k~ qS @5~ F ea~ ~ 6 ~. r x Y ~' 0 JI a Z g~ ¢; Q Z~ ~ e W! a~ e t F y ( 1 } i# ^ 6 ~~ ? & ~ ~Q ~ ' ~~ ue : a - a 5 e" ~ ~ A a fi o • ~ p3 9 k p~p ~ 2 6 ~ k yg@g ~A qgpg [[ A a ~~ R ~ Z ~~ $] Y 5q~ Cd 77 y5 tl¢ ~ ~FC2 y ~ ~~ § ~ $ §~ . Q RR 9 ~ 6rt; ; S S8 3i " 3 f ~ s ~ 1 ~~ ~~ ~ £ gp ~~ appa ~ ypy ~ $a$a 35 9 C ~ S F S O Y C '~ ~ ~~ 'y3~ B ~ Y € 5gq~ p~ C O Otl S6 ~€ 'e ~ $€ ~ ~i 4A ~~ ~~ go ~ ~ ® ~ e ~~ [f a 8 f v9 g¢6 e p~ i f Q 9 avod raiaod 3a ~' §€ ~~ # ~6 ® ~_ ~ ~~ ~ ,~ ~~ s g4 ~' 0 F a HS321: s ~~ ~~~ 0 F a 0 i 9 Yg sb ~~~ p `1#p 5 'iK 7$5 €s§~ ~° y ~~ ~ apes ~ }I ~3 ?' ga~z ~ ~? ;' ~yg~a 3~ ~g ~r x I gee y}~~C'J ]• QY K 0 ~ W Y II m .yy J J V Q a U Y N !- tl p 6b~ ~ s b8~ ~ ~ ~_; 'ate Y 3s '$ v~u" z9 .] ~i ._-- • - -_.--.-.__.._i..___ - _B 3-S J-.6 9-.E r.., ~~ 0 Qp ~. U s ~ ~ ~ ~~ ~~ ~~ ;' im °3 tg 3~} I~E gi is ~eaa ~ §? ~[~ ~zS ~a' ~P g~ ~g R~ o °~c 3 w ~ mQ ' S: ;' s ~' s ~ ~I~ Y PC RESOLUTION NO. 08- CONDITIONAL USE PERMIT G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Slaff Report.doc ii PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0324, A CONDITIONAL USE PERMIT TO ALLOW FOR A SPECIALTY MARKET (FRESH & EASY) WITH THE INCIDENTAL SALE OF BEER AND WINE IN A NEIGHBORHOOD COMMERCIAL ZONE LOCATED AT 44060 MARGARITA ROAD WITHIN REDHAWK PAVILION (APN 959-050-006) Section 1. Procedural Findinqs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 7, 2006, the Planning Commission approved Planning Application No. PA06-0046, a Development Plan fora 29,498 square foot commercial center. Redhawk Pavilion. B. On November 15, 2007, MCA Architects filed Planning Application No. PA07-0324, a Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 5, 2008, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0324 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinqs. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed use is conditionally permitted in the Neighborhood Commercial zoning designation contained in the City's Development Code and consistent with the General Plan and Paloma Del Sol Specific Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\PC Reso.doc proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures because it will provide additional convenience for the community, and allow the business to be competitive with other similar markets selling beer and wine in the vicinity of the site. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and will be a complimentary addition to the area in that it will provide a safe and convenient neighborhood market for surrounding residents. 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 proposed conditional use is consistent with the Paloma del Sol Specific Plan and with the Development Code, and the project meets all of the applicable requirements for commercial development. The site is adequate in size and shape to accommodate the proposed use without adversely affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the use will function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: A. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Commission has considered the proposed Conditional Use Permit for Redhawk Pavilion. The Planning Commission has also reviewed the Final G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\PC Reso.doc 2 Environmental Impact Report ("FEIR") for the Paloma del Sol Specific Plan, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Conditional Use Permit does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. B. Specifically, the Planning Commission also finds that the proposed Conditional Use Permit does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Conditional Use Permit will have one or more significant effects not previously discussed in the FEIR. The FEIR previously analyzed and mitigated the potential environmental impacts for commercial development on this project site. The intensification of the commercial development on- site and land uses are consistent with what was previously approved and analyzed in the FEIR. All potential environmental impacts associated with the proposed Conditonal Use Permit are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. A Notice of Determination pursuant to Section 15162 of the CEQA Guidelines is therefore the appropriate type of CEQA documentation for the Conditional Use Permit, and no additional environmental documentation is required. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0324, a Conditional Use Permit to allow for a specialty market with the incidental sale of beer and wine, located at 44060 Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\PC Reso.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5`h day of March 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5cn day of March 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\PC Reso.doc 4 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Schuma G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\PlanninglDraft COA.doc 1 ~~ OF T E117Ectr c~ lq 8 /'~° i~ ACCEPTANCE OF CONDITIONS OF APPROVAL I, (print name) understand that Planning Application No. PA07-0324 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 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. SIGNATURE DATE G:1Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\Draft COA.doc 2 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0324 Project Description: A Conditional Use Permit to allow for a specialty market (Fresh Sr Easy) with the incidental sale of beer and wine in a Neighborhood Commercial zone located at 44060 Margarita Road within Redhawk Pavilion Assessor's Parcel No. 959-050-006 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: March 5, 2008 Expiration Date: March 5, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 ofSixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicanUdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 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. GENERAL REQUIREMENTS 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 G:\Planning\20071PA07-0324 Fresh & Easy MCUP\Planning\Draft COA.doc 3 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 their Statement of Operations dated October 31, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. _ 8. 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. 9. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least 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. 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be between 7 a.m. and 12 a.m., 7 days a week. 13. A separate building permit shall be required for all signage. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\Draf[ COA.doc 4 Police Department 15. Applicant is a new business, applying for a Type 20 (Off Sale Beer & Wine) -Specialty Market) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. 16. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). a. Identification will be verified utilizing one of the following: 1) A valid California driver's license 2) A valid California identification card 3) A valid military identification card (active/reserve/retired/dependent) 4) A valid driver's license from any of the fifty States or Territories of the United States 5) A valid U.S. Passport 6) A valid government issued identification card issued by a Federal, State, County or City (municipal) agency b. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements. (25660 Business and Profession Code): 1) Name of person 2) Date of birth 3) Physical description 4) Photograph 5) Currently valid (not expired) 17. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695- 2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/management is hired. All alcohol training is provided free of charge by the Temecula Police Department. A second option is to have all employees and management attend the mandatory L.E.A.D. training provided by Alcoholic Beverage Control. Contact ABC Riverside (951 782-4400) for scheduled training classes. 18. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). G:\Planning12007\PA07-0324 Fresh & Easy MCUP\Planning\Draft COA.doc 5 19. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off-sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. (Section 25601 B&P; 316 PC). 20. Law Enforcement Problem: Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot. (Sections 24200(a) B&P). 21. Stores (license Types 20 and 21) must post one or more customer warning signs in the store (see form ABC 299 for wording). (Section 25612.5©(7) Business & Profession Code). 22. All on and off sale licensees must post warning signs reading, "Warning: Drinking spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects." (Sections 12601(b) (1) (D) (1) and 12601(b) (4) (E). CCR). G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\Draft COA.doc 6 PC RESOLUTION NO. 08- MAJOR MODIFICATION G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Staff Reporl.doc 12 PC RESOLUTION NO. OS- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0323, A MAJOR MODIFICATION TO ALLOW FOR MINOR SITE PLAN ADJUSTMENTS AND A BUILDING REDESIGN WITHIN REDHAWK PAVILION TO DEVELOP A 16,010 SQUARE FOOT BUILDING FOR FRESH & EASY MARKET LOCATED AT 44060 MARGARITA ROAD (APN 959-050-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 7, 2006, the Planning Commission approved Planning Application No. PA06-0046, a Development Plan fora 29,498 square foot commercial center, Redhawk Pavilion. B. On November 15, 2007, The Bergman Company filed Planning Application No. PA07-0323, a Major Modification, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 5, 2008, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0323 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan (Development Code Section 17.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinance of the City; The proposed use is consistent with the General Plan and the Paloma del Sol Specific Plan land use designation, and with the development standards and zoning requirements for project to be constructed within a Neighborhood Commercial zoning district. The project meets all applicable design standards G.~Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Reso Major Mod.doc required by the Paloma del Sol Specific Plan and Citywide Design Guidelines. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmenta! Quality Act (CEQA), and all applicable fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety and general welfare; The overall design of this project, including the site design, building elevations, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner which will protect the public health, safety and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification: A. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Commission has considered the proposed Major Modification for Redhawk Pavilion. The Planning Commission has also reviewed the Final Environmental Impact Report ("FEIR") for the Paloma del Sol Specific Plan, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Major Modification does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. B. Specifically, the Planning Commission also finds that the proposed Major Modification does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Major Modification will have one or more significant effects not previously discussed in the FEIR. The FEIR previously analyzed and mitigated the potential environmental impacts for commercial development on this project site. The intensification of the commercial development on-site, the total building square footage, and land uses are consistent with what was previously approved and analyzed in the FEIR. All potential environmental impacts associated with the proposed Major Modification are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. A Notice of Determination pursuant to Section 15162 of the CEQA Guidelines is therefore the appropriate type of CEQA documentation for the Major Modification, and no additional environmental documentation is required. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Reso Major Mod.doc 2 Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0323, a Major Modification to allow for minor site plan adjustments and a building redesign within Redhawk Pavilion to develop a 16,010 square foot building for Fresh & Easy market, located at 44060 Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 51h day of March 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5"' day of March 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0327 Fresh & Easy Major MOD\Planning\PC Reso Major Mod.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Schuma G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\PlanninglDraft COAs.doc 7 OF TE]-7F..~ ACCEPTANCE OF CONDITIONS OF APPROVAL understand that Planning Application No. PA07-0323 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 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. SIGNATURE DATE G'\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Draft COAs.doc 2 ~° 1989 ~O~~NS ~ NEW OQ4~~. EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0323 Project Description: A Major Modification to allow for minor site adjustments and a building redesign within Redhawk Pavilion to develop a 16,010 square foot building for Fresh & Easy market located at 44060 Margarita Road Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: 959-050-006 Commercial Retail Commercial Retail Commercial March 5, 2008 March 5, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Nine Hundred Forty Dollars and Seventy-Five Cents ($1,940.75) which includes the One Thousand Eight Hundred Seventy Six Dollar and Seventy-Five Cent ($1,876.75) 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 previously approved Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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)]. 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. GENERAL REQUIREMENTS Planning Department 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 G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\DraR COAs.doc 3 selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. 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. 10. The applicant shall paint athree-foot xthree-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 11. 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. 12. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs' prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Condition of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Draft COAs.doc 4 Material Color Smooth Stucco Exterior Omega No. 420 -Floral White HC 30 -Philadelphia Cream DEA 152 -Deep Crimson DEC 6250 - Fairbank Green DEC 766 -Steavreno Beige Precast Columns and Trim GP-30, Pebble, by CDI Corbels and Parapet Corbels painted w/DEA 152 -Deep Crimson; Parapet painted w/ DEC 766 -Steavreno Beige Stone Veneer 12" X 12" Rajah Slate -Wildfire Concrete Tile Roof Camino Real -Mission Carmel, SMC8807b Windows and Doors Clear Anodized Storefront System Hollow Metal Doors painted with Frazee Paint No. 8661 W -Light Almond Wrought Iron Grills and Canopy RAL Colors No. 6003 Exterior Light Fixtures Black by ANP Lighting Tables/Chairs/Trash Recepticals Cantena Chairs-Black by Landscape Forms 30" Fiberglass Table -Eggshell top, Black Support by Landscape Forms Radical 30 Gallon w/ sand pan -Black Decorative Round Planters Carlsbad, OR-CB3024P -Copper P6-T Bike Racks Echo 5 space rack by Site Scapes 13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 14. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. 15. The Applicant shall comply with all underlying Conditions of Approval for Redhawk Pavilion (Planning Application No. PA06-0046) as approved on June 12, 2006. Public Works Department 16. 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. 17. 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. G:\Planning\2007\PA07-0323 Fresh 8 Easy Major MOD1PIanning\Drak COAS.doc 5 18. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 19. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 20. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered Civil Engineer and include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. 21. The Applicant shall comply with all underlying Conditions of Approval for Redhawk Pavilion (Planning Application No. PA06-0046) as approved on June 12, 2006. Building and Safety Department 22. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 23. The City of Temecula adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF) 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. 24. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 25. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 26. Obtain all building plans and permit approvals prior to commencement of any construction work. 27. Show all building setbacks. 28. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\PlanninglDraft COAS.doc 6 29. Provide an approved automatic fire sprinkler system. 30. All buildings and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 31. Provide disabled access from the public way to the main entrance of the building. 32. Provide van accessible parking located as close as possible to the main entry. 33. Commercial and Industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 34. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21,specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention Bureau 35. 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. 36. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure fora 4-hour duration. The Fire Flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). 37. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to 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 an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). 38. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 503.4). G:1Planning\2007\PA07-0323 Fresh & Easy Major MOD1PIanninglDrafl COAS.doc 7 Community Services Department 39. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction and demolition debris. 40. The Applicant shall comply with the Public Art Ordinance. 41. All landscaping including parkways, fencing and on site lighting shall be maintained by the property owner. PRIOR TO ISSUANCE OF GRADING PERMITS Planning Department 42. 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. 43. 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. 44. 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 owner 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." 45. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre-grading meeting with Public Works. 46. The following shall be included in the Notes Section of the Grading Plan: No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Draft COAs.doc 8 be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: from March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist. Public Works Department 47. 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. 48. 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. 49. 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. 50. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 51. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 52. As deemed necessary by the Director of Public Works, the Developer shall receive written clearance from the following: a. Planning Department b. Department of Public Works 53. 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. 54. The Developer shall obtain any necessary letters of approval for offsite work performed on Parcel 7 of Parcel Map No. 28384 as directed by the Department of Public Works. 55. The Developer shall provide a recorded reciprocal ingress/egress easement over Parcel 7 of Parcel Map No. 28384. G:1Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Draft COAs.doc 9 Fire Prevention Bureau 56. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required (CFC 508.5). 57. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW (CFC 503.2.3 and City Ordinance 15.16.020 Section E). 58. 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 503.2, 503.4 and City Ordinance 15.16.020 Section E). 59. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC 503.2.7 and City Ordinance 15.16.020 Section E). 60. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 503.2.5 and City Ordinance 15.16.020 Section E). PRIOR TO ISSUANCE OF BUILDING PERMIT Planning Department 61. 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. 62. All downspouts shall be internalized. 63. 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." G:1Planning12007\PA07-0323 Fresh & Easy Major MOD\Planning\Drafl COAs.doc 10 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). Total cost estimate of plantings and irrigation (in accordance with approved plan). The locations of all existing trees that will be saved consistent with the Tentative Map. 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. 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. 64. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide athree-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. 65. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative outdoor furniture, and hardscape) to match the style of the building subject to the approval of the Planning Director. 66. Building plans shall indicate that all roof hatches shall be painted "International Orange." 67. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Public Works Department 68. 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: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Draft COAs.doc 17 69. 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. Sewer and domestic water systems 70. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 71. 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. 72. 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. 73. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 74. Prior to submitting for plan review, obtain street addressing for all proposed buildings prior to submittal for plan review. 75. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Section 1207, of the 2007 edition of the California Building Code. 76. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. 77. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 78. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 79. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 80. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Fire Prevention Bureau 81. 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 G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Drak COAs.doc 12 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. 82. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum ofAC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW (CFC 503.2.3 and City Ordinance 15.16.020 Section E). 83. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 84. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. Community Services Department 85. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 86. 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 the covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 87. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. t38. 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. G:\Planning\20071PA07-0323 Fresh 8 Easy Major MOD\Planning\Draft COAs.doc 13 89. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 90. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 91. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 92. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 93. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 94. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 95. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director Public Works. Building and Safety Department 96. Apre-construction meeting is required with the building inspector prior to the start of the building construction. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Drak COAS.doc 74 Fire Prevention Bureau 97. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020 Section E). 98. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12- inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC 505.1 and City Ordinance 15.16.020 Section E). 99. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC 506). 100. 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 (CFC 503.3). 101. Buildings housing high-piled combustible stock shall comply with the provisions of California Fire Code Chapter 23 and all applicable National Fire Protection Association standards. The storage ofhigh-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads (CFC Chapter 23 and City Ordinance 15.16.020 Section J). 102. The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapter 28 though 44, Appendix Chapter 1 and City Ordinance 15.16.020). 103. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. OUTSIDE AGENCIES 104. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 30, 2008, a copy of which is attached. G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\Draft COAS.doc 15 ,._ a..~___te, CvtJNTY 4F BIVEF~5IpE ~ COMi~iUNITY HEALTH ;~ ~~ City of Temecula Planning Department c/o Dana Schuma PO BOX 9033 Temecula, CA 92589-9033 30 January 2008 RE: PA07-0323 E r~~ ~ ,_, ~i ~~ ; '' AGENCY 1, ~l.~H The Department of Environmental Health (DEH) has received and reviewed the PA07- 0323 for a major modification to the approved Development Plan for Redhawk Pavilion for the operation of a Presh & Easy Market, under the applicant: The Bergman Company. The planning application statement for this project is to propose to reconfigure a portion of the site and redesign Building 1 to accommodate a new 15,743 sq. ft. building for the Fresh & Easy Market (Related to PA07-0324). The pavilion is located at the 44060 Margarita Road (APN 959-OSO-006) Temecula. Water and sewer availability for the market use can. be found along Margarita Road. However, food facility of the market shall require food plan check compliance by the County of Riverside DEH. Please call Bonnie Dierking, Supervising RES at 951.461.0284 within 24 hours of the City's receipt fax of these conditions. If you have any questions, please do not hesitate to call me at 951.600.6180 Sincerely, .Gregor Dellenbach, REHS EHS080170 Eocat Enforceme~rt Agency • P,Q. B¢; 1260, ftwerside, CA 92502-1280 • {9g1) 955-6982 • PAX i4a1) 7$1-95,53 • 9ilkS4 Lemou Sh-cai, 91h ;lace Riverside. CA 925Q1 Land Use and Water Engtneedng • PU. Eat }206. Rivcnside. CA 92542-12Qu • (951} 955-&9811 • FAX {f151) A;5-S903 • 40130 loirer S?reet, tad Ff~ar_ ftiver5lde_ CA 92501 ATTACHMENT NO. 5 STATEMENT OF OPERATIONS G:\Planning\2007\PA07-0323 Fresh & Easy Major MOD\Planning\PC Staff Report.doc 13 October 31, 2007 City of Temecula 43200 Business Pazk Dr. Temecula, Ca. 92589 To Whom It May Concern: RE: Statement of Operations Mazgarita & De Portola -Minot CUP -Section C Hours and days of operations: Monday -Sunday. 7:00 AM to midnight. 2. Number of employees: 21 employees in total (50% full timel50% part time); There are no scheduled shifts. Fresh & Easy Neighborhood Market will coordinate times that work well for both employees and the market. Number of required pazking: Per city code the required minimum number of parking stalls is 48 spaces for the Fresh and Easy Neighborhood Market. The total number of required space for the center is 103 spaces. The total number of spaces provided in the center is 132. 4. Average daily peak trips generated: The average number of daily peak trips generated is 40 per 1,000 square feet. 5. Type of equipment or processes used: The proposed Fresh and Easy Neighborhood market will use automated and manual check stands, refrigerator cases, electric fork lifts, cardboard bailer, and evaporative condensers. Normal grocery processes and procedures will be used to maximize the efficiency of the store while minimizing the impact to the environment and neighborhood. 6. Description of hazazdous materials (existing and new): There are no known existing hazardous materials on the site. As a neighborhood market, only normal cleaning agents will be used beyond the self contained Freon in the refrigeration systems. All refrigeration systems used will conform to all safety guidelines and standards. 7. Other descriptions that effectively describe the proposed use: Neighborhood Grocery 13745 Seminole Dr., Chino, CA 91701 4300 Edison Ave., Chino, CA 91701-5411 909.548.4061, Fax: 909.548.4271 909.548.5425, Fax: 909.627.5425 ATTACHMENT NO. 6 STATEMENT OF JUSTIFICATION G:\Planning\2007\PA07-0323 Fresh 8 Easy Major MOD\Planning\PC Staff Report.doc 14 i Design Consulting Development Conswction October 31, 2007 City of Temecula 43200 Business Pazk Dr. Temecula, Ca. 92589 To Whom It May Concern: 12E: Letter of Justification Margarita & De Portola -Minor CUP -Section E I. Is the site suitable and adequate for the proposed use? -Yes, the site is suitable and adequate for the proposed use. Previously, the site was approved June 7, 2006 under Planning Application PA06-0046 with a Zoning Designation of SP-4 Community Commercial, a Zoning Designation listed Neighborhood Commercial, and a use description of Mixed Use/Commercial. The site and location are both suitable for the proposed use pending approval by the City of Temecula. Approval is contingent on a Minor Conditional Use Permit which is required for a specialty store <25,000 square feet and for the sale of alcoholic beverages. 2. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system? No, the proposed use would not have an adverse effect on traffic circulation or the planned capacity of the street system. At the time of the original site zoning, a complete Traf£c Study was provided and approved (a copy of which should be on file with the City of Temecula -Planning). As the usage has not changed, there will be no change in traffic circulation. In addition, the Gross Leasable Area has been reduced from 28,498 square feet to 27,907 square feet; and the number of parking spaces required reduced to 103 spaces with 132 provided. 3. Would the proposed use have a substantial adverse impact on the general welfaze of persons residing in the community? No, the proposed use will not have a substantial adverse impact on the general welfare of the community. In fact, by providing a new, safe, and convenient location to make grocery purchases, public health, safety, and welfare will be advanced. 4. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? 13745 Seminole Dr., Chino, CA 9 UOl 4300 Edison Ave., Chino, CA 91701-541 Q 909.548.4061, Far: 909.548.4271 909.548.5425, Fax: 909.627.5425 Yes, the design of the project is compatible with the existing and proposed development with the district. All aspects of color and design reflect the design theme reviewed and approved by planning during the original submittal (Planning Application PA06-0046). Thank you for your attention to this matter. Sincerely, ~ `yam Ron May Project Manger The Bergman Companies 13745 Seminole Dr., Chino, CA 91701 4300 Edison Ave., Chino, CA 91701-541 Q 909.548.4061, Far: 909.548.4271 909.S48.S42S, Far: 909.627.S42S ATTACHMENT NO. 7 NOTICE OF PUBLIC HEARING G:1Planning\20071PA07-0323 Fresh & Easy Major MOD1PIanning\PC Staff Report.doc 15 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Planning Application Numbers PA07-0324 and PA07-0323 Applicant: The Bergman Company Location: 44060 Margarita Road Proposal: A Conditional Use Permit to allow for a specialty market (Fresh & Easy) with the incidental sale of beer and wine, and a Major Modification to allow for minor site plan adjustments and a building redesign within Redhawk Pavilion to develop a 16,010 square foot building for Fresh & Easy market located at 44060 Margarita Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA Section 15162, subsequent EIR's and Negative Declarations Case Planner: Dana Schuma, Associate Planner Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: March 5, 2008 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. f ; -, ~' .;, a rr; t~,r u~ ~.-- ~v; ~(~ Sri . , t.. ; Ul ... , ~ ~ :. fy~' f r r i k , ~ L ~ t .\ ,~,; ll ~ , .+. `* i 1 S `y ,_ - ,~ ~~ arm / }~. , ~ti, _ ~,~ t~ max, _ ;, ~` Y r ,i ! ' ~ ~^ ~ k ~ < ~ ~ ~ ~ ~ / +'~ i .r , t ~ 6 ~^ ~ , ` ~ L rY :.i t: 1 ~ «` / ~ ry ~#t ~ ~ I . t ~ - { i .%'S i ~ l +~ . ,VNa~ , - t t \y- - r''\ ' r..' ~ t a ...~ . ' ~ f L ~ .. yvr 1 ~ t ~ \ ~ i~ J - ~~ G:\Planning120W\PA07-0323 Fresh & Easy Major MOD\Planning\NOPH-PC.doc ITEM #2 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: PREPARED BY: March 5, 2008 Katie Le Comte TITLE: Assistant Planner PROJECT Planning Application No. PA07-0289, a Minor Conditional Use DESCRIPTION: Permit to authorize Max FPS Gaming to have an indoor Local Area Network (LAN center) Internet and video gaming facility within an existing 1,400 square foot suite located at 41493 Margarita Road, Suite 102 in the Bel Villaggio shopping center RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301 Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Brad and Jo-Ellen Johnson General Plan Designation: Professional Office (PO) Zoning Designation: Temecula Regional Center - (SP-7) Existing Conditions: Site: Existing Shopping Center -Bel Villaggio North: Temecula Regional Center (SP-7); Existing restaurant uses South: Temecula Regional Center (SP-7); Margarita Road East: Temecula Regional Center (SP-7); Existing restauranUretail/office uses West: Temecula Regional Center (SP-7); Existing retail/restauranUoffice uses Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 591 Existing 1,400 square feeU200 =seven spaces required G'\Planning12007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 7 BACKGROUND SUMMARY The applicant is requesting a Minor Conditional Use Permit to operate a computer network and Internet gaming facility, also known as a LAN Center. Max FPS will have 20 computer stations and 3 X-Box consoles which are connected to the Internet by a Local Area Network (LAN) connection. Customers will lease time on state-of-the-art computers available in the facility to play video games. The computers are specifically built for the needs of the gamer and possess rapid speed connections, large memories and graphic cards which will enhance the patrons' video gaming experience. The applicant has also indicated that the computers may also be leased for professional computer training and educational purposes as requested. It has been determined that this use is similar to a traditional video game arcade and shall be subject to any and all requirements for arcades. Section 17.10 of the Development Code allows for arcades in this zone, subject to a Conditional Use Permit. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. PROJECT DESCRIPTION The applicant has indicated that the facility will be a family-run business to be open seven days a week. The project has been conditioned to ensure that at least one adult employee/supervisor shall be on the premises during all hours of operations. Staff has consulted with the City of Temecula Police Department and they concur with having one adult supervisor present at all times. They have not requested security to be on the premises at this time; however, they did include a condition which would require two officers on-site if repeated calls for service occur at this location. The hours of operation will be Monday through Saturday from 11 a.m. to 12 a.m., and Sundays from 11 a.m. to 10 p.m. Initially the applicant requested extended hours of operation, as well as over-night gaming tournaments; however, staff has requested, and the applicant has concurred, that a Temporary Use Permit shall be submitted and reviewed on a case-by case basis to allow for extended hours during summer and holidays and for gaming tournaments. The project has been conditioned to require that a Temporary Use Permit be submitted and approved by the Planning Department if extended hours are requested beyond the hours listed above. The applicant has provided staff with a written set of Max FPS Gaming Policies, or rules and regulations of the establishments. Each customer is required to follow all policies and will be provided with a copy of the rules and regulations upon entering the facility. The project has been conditioned to require that the applicants/owners ensure that all patrons read and sign the Policies of Max FPS Gaming. Management shall ensure that all patrons comply with all rules and regulations. The applicants have also provided staff with a copy of the Parental Consent Form. All minors will be required to provide a written statement from their parent or legal guardian stating which Entertainment Software Review Board (ESRB) rating system is best for his or her child. The ESRB rating system will also be posted inside the establishment. The applicant has indicated that the computers will have a security system which locks a child's computer access to a game that a parent has not authorized due to mature themes. Additionally, the applicant has indicated that Internet access to detrimental viewing/adult themes is blocked by security software installed on the computers. Staff has also added a Condition of Approval to the permit which prohibits the viewing of adult material within the facility. G:1Planning\2007\PA07-0289 Maz FPS Gaming CUP\Planning\STAFF REPORT.doc 2 Staff has consulted with the City of Temecula Crime Prevention Bureau and they have reviewed the project and provided Conditions of Approval. Additionally, to ensure that all patrons are aware of the 10 p.m. curfew that has been established by Temecula Municipal Code Section 9.12.020, a flyer shall be posted on the door of the establishment indicating that the 10 p.m. curfew will be strictly enforced. ANALYSIS Use Development Code Section 17.10, Supplemental Development Standards for Arcades, indicates that the Planning Commission has the discretion to apply operational conditions as deemed necessary and appropriate to make the findings of approval, including, but not limited to the following: • Hours of operation • Inside and outside security measures • Noise attenuation • Bicycle facilities • Need for adult supervision • Interior waiting areas During the review of this project staffs primary concerns included the potential violation of curfew for minors, the viewing of adult material, loitering, and the extended hours of operations and request for overnight gaming tournaments. Staff has discussed the concerns of curfew violations with the City of Temecula Police Department. During these discussions, Police indicated that they have had similar concerns with the established curfew ordinance and the Hours of Operations for Edwards Cinema and the Promenade Mall, which are both in close proximity to Max FPS Gaming. The Police Department has indicated that as a Condition of Approval for this project, and consistent with what they have in place for the Mall and Edwards Cinema, that a flyer indicating that a 10PM curfew will be strictly enforced, shall be posted at the front entrance of the facility. Staff has also discussed the concern of minors playing video games that have adult themes without parental consent and the concern with minors viewing adult oriented material. The applicant has provided staff with a list of Policies for Max FPS Gaming which indicates that patrons shall not be permitted to view inappropriate or illegal websites. Additionally, to ensure compliance with this policy, they have indicated that security software shall be installed on the computers to block any kind of detrimental Internet access. Additionally, the applicant has indicated that all minors shall have their parent or guardian sign a parental consent form that indicates which game rating level is authorized. A password will be assigned to ensure that garners will not have access to games they are not authorized to play as consistent with the consent form signed by their parent or legal guardian. As a Condition of Approval, viewing of adult material is not permitted within the facility. Staff has discussed the issue of loitering with the applicant, and has required that an interior waiting area for no less than five persons be provided. Additionally, the applicant has agreed to post "No Loitering' signs on the premises, as required by the Conditions of Approval for this permit. The Policies of Max FPS also require that patrons wait in the interior lounge area for the G:\Planning\20071PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 3 next available gaming console. Conditions of Approval have been added to this project to address staffs concern with loitering. In relation to of the permitted hours of operations, the applicant has agreed to file a Temporary Use Permit for any request to extend the hours of operation for any reason, including holidays, summer hours and gaming tournaments. The submittal of a Temporary Use Permit will be reviewed on a case-by-case basis. The submittal of a Temporary Use Permit for extended hours has been made a Condition of Approval for this project. Noise is not anticipated to be a concern since each gamer/patron will have their own computer and headset to use, and as consistent with the Polices of Max FPS Gaming, all patrons that are waiting for a console of computer will be required to wait in the lounge area for the next available station. Parking Per the Parking Requirements outlined in the Temecula Regional Center Specific Plan (SP-7), all retail uses including community retail and neighborhood commercial centers, such as Bel Villaggio require one space for every 200 square feet of gross leaseable floor area. Currently 591 parking spaces exist within the Bel Villaggio shopping center. The addition of Max FPS Gaming in the shopping center does not increase the number of required parking spaces because all retail uses (including restaurants) are required to be parked at the same parking ratio. Previously, when the Development Plan for Bel Villaggio was approved the 1,400 square foot suite was parked at 1/200 which required seven parking spaces. These seven parking spaces have been accounted for in the 591 spaces that currently exist on-site. Additionally, due to the nature of the business and the demographic anticipated to utilize the facility, it is probable that most of the patrons will come collectively in groups and most likely be dropped off by a parent and/or legal guardian. Therefore, the conditional use is not anticipated to create a parking shortage within the existing shopping center. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 23, 2008 and mailed to the property owners within the required 600-foot radius. As required by Development Code Section 17.10.020.C, the Notice of Public Hearing was mailed on February 21, 2008 to all businesses within the required 300-foot radius of the proposed arcade establishment. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1; Existing Facilities). It has been determined that the proposed project is exempt from further environmental review as this project qualifies for a Class 1 CEQA exemption. The 1,400 square foot suite, in which Max FPS Gaming wilt occupy, was built as a part of a shopping center that was previously reviewed and approved by the City of Temecula Planning Commission. The proposed Conditional Use, an Internet and video gaming facility, which will be located inside the existing suite, does not include any new construction or physical expansion of the existing structure. As G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 4 indicated in the CEQA Guidelines, the key consideration in determining whether or not a project qualifies for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. The suite was always anticipated to accommodate a retail land use and the Internet and video gaming use that will be authorized by the Conditional Use Permit to operate in this location is consistent with what was previously anticipated in this shopping center. No significant environmental impacts are anticipated since the project involves no physical expansion of an existing suite, and the land use is consistent with the previously analyzed retail land uses for this shopping center. FINDINGS Development Code Section 17. 04.010 E. -Conditional Use Permits The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is consistent with the General Plan and the Development Code. Development Code Section 17.10, Supplemental Development Standards for Arcades (which has been determined to be similar to Internet and video gaming facilities), indicates that the Planning Commission has the discretion to apply operational conditions as deemed necessary and appropriate to make the findings of approval. The approval of this project is subject to a number of operational conditions, which include restrictions on the allowable hours of operations, the requirement of bicycle racks on the site, the need for adult supervision, a provision which requires that an interior waiting area be provided and utilized to ensure that the patrons do not loiter in and around the business, and the posting of signage which informs minors of the established curfew in Temecula. As conditioned, the project is consistent with all of the goals and policies of the General Plan, and meets all applicable Development Code standards for a conditionally permitted use. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or other structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. Max FPS gaming will be located within an existing shopping center, Bel Villaggio, and will be surrounded by existing commercial, office and restaurant uses. Max FPS Gaming is a commercial/retail use and is compatible with all of the surrounding commercial uses located in the shopping center. The establishment is not anticipated to adversely affect any of the adjacent commercial uses. The project has been conditioned appropriately to ensure compatibility and consistency with the surrounding uses. The Conditions of Approval include limitations on the hours of operations, the prohibition of loitering around the facility, the requirement of adult supervision, parental consent for minors being present on the premises, and compliance with all curfew laws and ordinances. The permittee will be required to be in compliance with the conditions of approval at all times, which will ensure minimal impact to the surrounding uses, businesses and tenants in the shopping center. 3. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other Development Codes and required by the Planning Commission or City Council in order to integrate the use with the other uses in the neighborhood. G:\Planning\2007\PA07-0289 Max FPS Gaming CUP1PIanning\STAFF REPORT.doc 5 The site for the proposed conditional use is an existing 1,400 square foot suite located within the existing Bel Villaggio shopping center. The existing site has been developed and constructed to accommodate all required yards, walls, and fences. No physical changes or modifications to the existing site are proposed as a part of this project. It has been determined that the existing parking and loading facilities are adequate to support this use and are consistent with the off-street parking requirement contained within the Temecula regional Center Specific Plan (SP-7). All buffer areas and landscaping currently exists, and meets all applicable Development Code requirements. No modifications are being made the landscaping as a part of this project. The use, as conditioned, will be fully integrated into the shopping center and will be compatible with the surrounding commercial uses. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been analyzed and reviewed to ensure That the project will not adversely affects the public health, safety and general welfare of the citizens of Temecula. The project has been appropriately conditioned to ensure that the health, safety and welfare of the community will be protected and promoted, and that the conditional use will be complementary to the existing uses within the Bel Villaggio shopping center and other surrounding uses. ATTACHMENTS Vicinity Map -Blue Page 7 2. Plan Reductions -Blue Page 8 3. PC Resolution 08-_ -Blue Page 9 Exhibit A -Draft Conditions of Approval 4. Statement of Operations -Blue Page 10 5. Policies of Max FPS Gaming -Blue Page 11 6. Member/Parental Consent Form -Blue Page 12 7. Statement of Justifications -Blue Page 13 8. Curfew Flyer 14 9. Correspondence from Property Manager 15 10 Notice of Public Hearing -Blue Page 16 G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 6 ATTACHMENT NO. 1 VICINITY MAP G:\Planning\200TPA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 7 j ProjectSite Feet ATTACHMENT NO. 2 PLAN REDUCTIONS G:\Planning12007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 8 4~3 9€~ ~2G EI~i9q ~ti Z 3~ii !s 1. f a= ~~ 3 ~ ~~, Y ~ ¢t i7i 333 ~'~~e ii 9 f 2 8 ~ 33 ~3 .: y 33li :~ ii7a 3 ~# ~Y :z ~~ ##1 -33i .d.3 9 ~I3{ :4:gt3 q 3F a ? l ~; j9ii b _._ 1Li a3{ C 1 ;+~ : p :, ~~ ~~~ ~.~_ ~ ! H 3n Y°' tr.: .n..°°.~~ s 3 r C C _ d J ,• ~ to 4 C9 u _ -311NO Qh'k7U3A0 I I! III 1 i ~ II t 1 I I' I I ~1 ' ~ I I ~s I e1: I i !3 a0 I 1 1 i ~ ~ / ~~~ ~~ \y /` / I I \~X`\ // n / ~% ,~~= ,, // ^G i /y~/ ~ ~ y \ / .~il ~~i~ 1 ~~ik ~ ~~ ~~ 4' i / I I ~ ~ ~ I i I ~~ II a ~i~~ 6 ;k ~s ;. 1 ~~. .~~~ U ;~~, Q~=j ~ ~ ~~ i a / t ~ OdO.. /~ ! ~ ~ ~~ / G ~' ~~ . /G x ~ x o ,,o ~~~; = ~> ~ '.4 / ~~'. Xf._ t~ ~ ~ ~~ ~~ G ') ~yy<< F) z y J 5 Z > ~ J ~ W m p~ V r N f'- --•-~ t' ---~ , i -T ~ t1 ~. '°°~'~°' ~~ N _~, -- <' ~+ ~- va I r ? Q < _~ } rte-- -- '~ C < ~ , n i ~ ~ V z ¢ ~ ~ V ~` ~ ~ .o ~ ~ ~ ~~ t ~ ~~ Z .. x ~~h'~- i f `~- }- ~ r x°~ fJ ~~t x .z.. ,.r,..r1 _--,-... _..._._ _T Y'- ~,~ _ G .~- =-~~~ ~: ~' ~ ~.f N ~ ~~ ~ e 1 I ~ 3` ' LI f ``i- :, ~ , ,r ~~ ~ ..~ x o ~ o ~ ~~ ~: ; ~ _ .,~: ~, ~ ~, , , ~~, .i. v ~1 ~ i ~ , . ~ o ,Q ~.. ~ ~ ~,~ _~ ~ ~_ ~ J ; \ F"" V. ~ r ----. ~_3 _% I C` .~ a. ~ `~' T _ (~ ~' ATTACHMENT NO. 3 PC RESOLUTION NO. 08- G:\Planning120071PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 9 PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0289, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE MAX FPS GAMING TO HAVE AN INDOOR LOCAL AREA NETWORK (LAN CENTER) INTERNET AND VIDEO GAMING FACILITY WITHIN AN EXISTING 1,400 SQUARE FOOT SUITE LOCATED AT 41493 MARGARITA ROAD, SUITE 102 IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921- 830-010) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 16, 2007 Mr. Brad Johnson, filed Planning Application No. PA07-0289, a Minor Conditional Use Permit in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 5, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0289 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Code Section 17. 04.010 E. -Conditional Use Permits A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed conditional use is consistent with the General Plan and the Development Code. Development Code Section 17.10, Supplemental Development Standards for Arcades (which has been determined to be similar to Internet and video gaming facilities), indicates that the Planning Commission has the discretion to apply operational conditions as deemed necessary and appropriate to make the findings of approval. The approval of this project is G:\Planning120071PA07-0289 Max FPS Gaming CUP\Planning\PC RESOLUTION NO.doc subject to a number of operational conditions, which include restrictions on the allowable hours of operations, the requirement of bicycle racks on the site, the need for adult supervision, a provision which requires that an interior waiting area be provided and utilized to ensure that the patrons do not loiter in and around the business, and the posting of signage which informs minors of the established curfew in Temecula. As conditioned, the project is consistent with all of the goals and policies of the General Plan, and meets all applicable Development Code standards for a conditionally permitted use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or other structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. Max FPS gaming will be located within an existing shopping center, Bel Villaggio, and will be surrounded by existing commercial, office and restaurant uses. Max FPS Gaming is a commercial/retail use and is compatible with all of the surrounding commercial uses located in the shopping center. The establishment is not anticipated to adversely affect any of the adjacent commercial uses. The project has been conditioned appropriately to ensure compatibility and consistency with the surrounding uses. The Conditions of Approval include limitations on the hours of operations, the prohibition of loitering around the facility, the requirement of adult supervision, parental consent for minors being present on the premises, and compliance with all curfew laws and ordinances. The permittee will be required to be in compliance with the Conditions of Approval at all times, which will ensure minimal impacfto the surrounding uses, businesses and tenants in the shopping center. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other Development Codes and required by the Planning Commission or City Council in order to integrate the use with the other uses in the neighborhood; The site for the proposed conditional use is an existing 1,400 square foot suite located within the existing Bel Villaggio shopping center. The existing site has been developed and constructed to accommodate all required yards, walls, and fences. No physical changes or modifications to the existing site are proposed as a part of this project. It has been determined that the existing parking and loading facilities are adequate to support this use and are consistent with the off- street parking requirement contained within the Temecula regional Center Specific Plan (SP-7). All buffer areas and landscaping currently exists, and meets all applicable Development Code requirements. No modifications are being made the landscaping as a part of this project. The use, as conditioned, will be fully integrated into the shopping center and will be compatible with the surrounding commercial uses. G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\PC RESOLUTION NO.doc 2 D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been analyzed and reviewed to ensure that the project will not adversely affects the public health, safety and general welfare of the citizens of Temecula. The project has been appropriately conditioned to ensure that the health, safety and welfare of the community will be protected and promoted, and that the conditional use will be complementary to the existing uses within the Bel Villaggio shopping center and other surrounding uses. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit 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 15301, Class 1 Existing Facilities); It has been determined that the proposed project is exempt from further environmental review as this project qualifies for a Class 1 CEQA exemption. The 1,400 square foot suite, in which Max FPS Gaming will occupy, was built as apart of a shopping center that was previously reviewed and approved by the City of Temecula Planning Commission. The proposed conditional use, an Internet and video gaming facility, which will be located inside the existing suite, does not include any new construction or physical expansion of the existing structure. As indicated in the CEQA Guidelines; the key consideration in determining whether or not a project qualifies for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. The suite was always anticipated to accommodate a retail land use and the Internet and video gaming use that will be authorized by the Conditional Use Permit to operate in this location is consistent with what was previously anticipated in this shopping center. No significant environmental impacts are anticipated since the project involves no physical expansion of an existing suite, and the land use is consistent with the previously analyzed retail land uses for this shopping center. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0289, a Minor Conditional Use Permit to authorize Max FPS Gaming to have an indoor Local Area Network (LAN center) Internet and video gaming facility within an existing 1,400 square foot suite located at 41493 Margarita Road, Suite 102 in the Bel Villaggio shopping center, subject to the. Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\200TPA07-0289 Max FPS Gaming CUP\Planning\PC RESOLUTION NO.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5'h day of March 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5'h day of March 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\PC RESOLUTION NO.doc 4 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Le Comte G:\Planning\2007\PA07-0289 Max FPS Gaming CUP1PIanning\Drak COA's.doc 7 `i OF T EMEcG cti~ t ACCEPTANCE OF CONDITIONS OE APPROVAL I, Brad Johnson, understand that Planning Application No. PA07-0289 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC 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. SIGNATURE DATE G:\Planning\2007\PA07-0289 Maz FPS Gaming CUP\Planning\Draft COA's.doc 2 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0289 Project Description: A Minor Conditional Use Permit to authorize Max FPS Gaming to have an indoor Local Area Network (LAN center) Internet and video gaming facility within an existing 1,400 square foot suite located at 41493 Margarita Road (Suite 102) in the Bel Villaggio shopping center Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: 921-830-010 Commercial Retail Commercial Retail Commercial March 5, 2008 March 5, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount ofSixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicanUdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 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. GENERAL REQUIREMENTS 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 G:\Planning12007\PA07-0289 Max FPS Gaming CUP\Planning\DraR COA's.doc 3 instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within thetwo-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage. The development of the premises shall substantially conform to the approved floor plan contained on file with the Planning Department. 9. The applicant shall comply with their Statement of Operations on file with the Planning Department, unless superseded by these Conditions of Approval. 10. The applicant shall ensure compliance with the written Policies of Max FPS Gaming on file with the Planning Department, unless superseded by these Conditions of Approval. 11. The regular hours of operations shall be as follows: Monday -Saturday 11 a.m. to 12 a.m. Sunday 11 a.m. to 10 p.m. 12. A Temporary Use Permit shall be submitted and reviewed on a case-by-case basis if the applicant is requesting extended hours of operations for summer, holidays and special events such as gaming tournaments. 13. The applicant shall post at least three "No Loitering" signs throughout the project site subject to the approval of the Director of Planning. 14. At least one adult employee shall be present during all hours of operation to ensure security and supervision at the facility. 15. The applicant shall maintain an interior waiting area for no less then five customers. 16. The rear doors shall be used for emergency purposes only, and shall not be used by customers for entrance/exit privileges. G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\Draf[ COA's.doc 4 17. The applicant shall furnish one bicycle rack (four spaces total) on the project site, subject to the approval of the Director of Planning. 18. The permittee shall ensure that all patrons are provided with a copy of the policies of Max FPS Gaming and that each patron reads and signs the document. 19. Management and all employees of the establishment shall ensure that all patrons comply with all Max FPS Gaming Policies, rules and regulations. Copies of these signed documents shall be kept on file at the establishment. 20. The permittee shall post in a conspicuous location the policies of Max FPS Gaming. 21. The permittee shall ensure that access to detrimental viewing/adult themed material shall be blocked by security software that shall be installed on all of the computers in the facility. 22. The viewing of adult material is strictly prohibited within the facility. 23. The permittee shall ensure that each patron fills out a member information card and all minor shall have their parent and/or legal guardian sign the parental consent form indicating which Entertaiment Software Review Board (ESRB) rating is authorized. This information shall be kept on file at the establishment. 24. The applicant shall post in a conspicuous location the Entertainment Software Review Board (ESRB) rating for computer and video games. 25. The permittee shall post at the entrance of the business the 10 p.m. curfew notice (attached) and inform parents/legal guardians of the Temecula Municipal Code Section 9.12.020. 26. The applicanUpermittee shall ensure that each patron wears a headset while using the computers, as consistent with the Statement of Operations. Building and Safety Department 27. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 28. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 29. Obtain all building plans and permit approvals prior to commencement of any construction work. 30. Provide an approved automatic fire sprinkler system. 31. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 32. Provide disabled access from the public way to the main entrance of the building. G:\Planning\2007\PA07-0289 Maz FPS Gaming CUP\Planning\Dratt COA's.doc 5 33. Provide van accessible parking located as close as possible to the main entry. 34. Show path of accessibility from parking to furthest point of improvement. 35. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 36. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21,specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. 37. At Plan Review Submittal: a. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Fire Prevention Bureau 38. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 39. During remodeling and/or addition construction "all fire and life safety systems" will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). Police Department 40. After review of this Minor Conditional Use Permit request, there are no requirements for extra police officers to be assigned at this time. 41. The sales and /or use of any alcoholic beverages are prohibited in accordance with City Ordinance 97-07,(9.14.010 series TMC). 42. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. 43. Applicant will ensure both pedestrian and vehicle traffic is not impeded. Sidewalks and roadways throughout this area will be kept clear for movement of pedestrian foot and vehicle traffic. 44. For public safety, applicant will ensure sufficient lighting is provided for customers during hours of darkness. G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\PlanninglDraft COA's.doc 6 45. Applicant will ensure juveniles are not exposed to any display of adult materials and ensure this type of adult entertainment is not present on site per City Municipal Code 9.04.020 (Display of adult materials harmful to minors) TMC. 46. Applicant will familiarize employees with City Municipal Code 9.12.020 (Curfew Established) TMC Curfew for minors. Applicant should have in plain view a sign stating the curfew law, so that every patron will be knowledgeable about the law. 47. Employee training regarding retail theft, credit card prevention, business security survey and any other related crime prevention training procedures are available through Crime Prevention Unit. 48. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestion, public disturbance orwhere the need for police presence is required. 49. The Temecula Police Department reserves the right to stop, cancel or temporarily delay all or portions of any activities, when police or public safety becomes a major issue. 50. If at any given time the Temecula Police Department has repeated calls for service at the location listed in the conditions, the Temecula Police Department will require a minimum of two officers on-site at the hourly rate of pay $63.09 (hourly rate is subject to change). PRIOR TO ISSUANCE OF BUILDING PERMIT Planning Department 51. The applicant shall show the location of the bike racks to be installed on the building plan check submittal subject to the approval of the Director of Planning. Building and Safety Department 52. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 53. Prior to beginning construction, apre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention Bureau 54. Prior to issuance of building permit fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval if any additional walls are proposed for the tenant improvement. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 55. Prior to issuance of building permit fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. If there is a notification device in the suite already then a tenant improvement alarm permit will not be required. If there is no device in the suite then a tenant improvement permit will be required for the alarm system. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\Drafl COA's.doc 7 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 56. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention Bureau 57. 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 buildings shall have a minimum 12 inches numbers with suite numbers a minimum of six inches in size. All suites shall gave a minimum of six-inch high letters and/or numbers on both the front and rear doors. (CFC 901.4.4) OUTSIDE AGENCIES 58. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated November 1, 2007, a copy of which is attached. G:1Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\Draft COA's.doc 8 CO, QTY OF RIVERSIDE DEPARTMENT City of Temecula Planning Department c% Katie Lecomte PO BOX 9033 Temecula, CA 92589-9033 Ol November 2007 RE: PA07-0289 0 1~~~1 ~ ~~ F"~~dflfll<1~gAdKfM@11t The Department of Environmental Health (DEH) has received and reviewed the PA07- 0289 for the minor Conditional Use Permit to authorize Max FPS Gaming to have an indoor video gaming facility (LAN Center). The gaming facility proposes to have 34 gaming computers and 6 X-Box consoles. The proposed hours of operation aze Mon- Thur 11 am -12 am; Fri & Sat 11 am -tam & Sundays 11 am to 10 am. This project will be under the applicant: MAX FPS Gaming (Bradley D. Johnson) The development plan application for 1,400 square foot suite at 41493 Mazgarita Road, Suite 102 in the Bel Villagio shopping center (APN 953-583-037) shall be connected to a potable water line and sanitary sewer from the closest purveyor. A water and sewer availability letter shall be required by the City of Temecula at time of building plan submittal to the City. Any food vending (Items such as soft drinks, water, energy drinks and snacks: candy bazs and chips) or restaurant use of the building shall require food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 sin ~ p\eASe hotc ~`r -1-~t ,` C r}•~ S (,o,.~d i-hon s~ tM A u Fixj Gregor Dellenbach, REHS q,,,^„~ 'S Y2dtS~ S•)uu{Cment o~ ENVIRONMENTAL HEALTH U PCra-t~ov~3 }leaf ~Fhtrc t••~'~ 11 bt EHS0703433 3 x-box C.enSOICS and 20 G~mpuicrS . ~olali'h~a~. th•t V1an+f S o•F o~PXa17 on S 1~1 a vc. Is-c.e h . IY-onda~_ Sa-lti+rd~ II w.m. - m~dn~g4cf • Sur~doty ltc~.m. -1~ Icy p.m, V ~~/~~~ Local Enforcement Agency • P0. Box 1280. Riverside, CA 92502-1280 • 1951) 955-8982 • FAX (951) 781-9653 • 4080 Lemon Street, 9th Floor. Riverside, CA 92501 Land Use and Water Engineering • RO. Box 1206, Riverside. CA 92502-1206 • (951) 955-8980 • FAX (951) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside. CA 92501 ATTACHMENT NO. 4 STATEMENT OF OPERATIONS G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 10 Statement of Operations Mission: Max FPS Gaming LLC will be Southern California's premier LAN Center. Many people are unfamiliar with the term "LAN Center", however, LAN Centers aze a creeping mazket that aze about to explode. In the 1950's many of the young teenagers went to the Drive-In. Many of the young teenagers were found at the local pharmacies getting their ice cream sodas. Tn my day, the roller skating rink was a place for gathering to have fun with friends- Of course, I could have gone out and roller skated on the driveway or the sidewalk, but it was the interaction of something I loved to do and the ability to do it with my friends. Today, kids aze still the same. They want to do something they love and they want to do it with their friends. This is the essence of a LAN Center. I was introduced to the LAN Center by my own children who would love to visit the establishment. My wife and I were quite taken back by the fact that the LAN Center was so quite and serene. Each child had on a headset, and each child had their own space and computer. No noise could be heard. We would visit the center frequently (mostly on weekends) and while the children were playing, we actually found that we could go to the restaurant next door and have a nice dinner together. We atl fell in love with the concept and we decided that as a family unit we would open our own LAN Center. We opened out fast store in Union, Kentucky.(Enclosed photos) Much hazd work, determination and funds had gone into the project. We spent three years visiting LAN Centers in California, Ohio, Indiana, Kentucky, Pennsylvania, New Jersey and Mexico. We wanted to provide a recreational facility where garners of all ages would come to have fun. We believed to accomplish this mission, it would be imperative to have a safe, enjoyable and entertaining environment. Max FPS Gaming would support and encourage social interaction, friendly competition, sportsmanship, and continued technological education for adults and children. This was our mission. ~XECUTION: Max FPS will be located on Mazgarita Road in the Bel Villaggio Italian Village in Temecula, California. This location was chosen for several reasons. The Bel Villaggio Village is a new upscale retail shopping center located adjacent to the Promenade Mall in Temecula that divides the towns of Temecula and Mumeta, California. Merchants such as Harry's Pacific Grill, La Carreta Mexican Restaurant, The Original Pancake House, Oggi's, Starbucks and The Macaroni Grill draw lazge numbers of patrons. Pazents can dine out, shop, visit the eye doctor, go to the bank, and know that their child is having a wonderfiil time and that their child is in the same spot that they left them three hours earlier. Not only is this beneficial to the pazents, but we believe that the neighboring businesses will benefit as well. Besides the movie theatre, there really isn't much for the children to do while they aze at the mall, or more generally, there really isn't a lot for the children to do in the town of Temecula. Within a twenty mile radius the estimated population is 598,669.(Boazd of Realtors) Our business will keep the kids off the streets, teach them necessary typing and computer skills, engage them in friendly competition and sportsmanship, all the while having fun. Max FPS will be a family run business. (Five family members) We truly want this business to be a "hands on business." Each of us has put endless hours, dedication, and hazd work into this project. We feel that the family will be more responsible, more committed and more concerned than an employee that has no vested interest. However, staffing will be reviewed and revised according to demand, and if additional help is needed we will not hesitate to hire additional staff. By having one existing store, we feel that we can generally estimate when staff needs to be increased (e.g. Summer) and when staff needs to be decreased. The LAN Center will be open seven days a week. Our hours of operation will be Monday to Thursday 11 a.m. to 12 am., Friday and Saturday 11 a.m. to 12 a.m. and Sunday 11 a.m. to 10 p.m. During the summer and on holidays we understand that we would need to apply for a Temporary Use Pemut in order to extend our hours. We will comply with this policy. Our peak hours will be from 7 p.m. to 8 p.m., busiest nights to be expected aze Friday and Saturday. Occasionally, we would like to have events such as gaming tournaments, which could require extended hours, but at such time we will apply for a Temporary Use Permit from the City. The average daily peak trips generated should be about 8. Since the customers usually come collectively, ( in groups of two or three), parking is at lower rate than most of the other merchants, also the length of stay of the patron in the LAN Center results in less traffic and little turn over. The number of parking spaces required would be a minimum of two, and a maximum of 15. However, the landlord of the Bel Villaggio, assured us that there is ample pazking. The LAN Center will operate by the customer leasing time on our computers. We presently have 20 computers and 3 Xbox games. Our state-of-the-art gaming computers were built specifically for the needs of the gamer. They possess rapid speed, lazge memories, and graphic cazds that for most people aze too costly, or impractical to have in their homes. Each computer will be propelled by a dual T(1) line or by a Fiber-Optic line, which ever is available in the immediate area. The advantage of such a powerful connection is that the consumer will feel as if he or she was an actual participant in the storyline of the game, and the high-tech video cazds will compliment this environment by supplying a surreal, 3-D like experience. Each patron will be given a list of rules and regulations upon entering the premises. Minor children will provide a written statement from their parent or legal guazdian stating which ESRB (Entertainment Software Review Boazd) rating system is best for his/her own child. The ESRB rating system will be posted also. Security measures will be in place so that a ] 0 yeaz old child could not access games that have mature themes. I bought a program that locks the child's computer from admission to these games. Once the child has access to the computer, he or she can play intereet games by him/herself or by playing against the other children in the facility. Internet access to detrimental viewing is also blocked by our softwaze. All patrons will be seated and playing. The establishment will have tournaments in which prizes will be awazded. A commercial embroidery machine will be on premises that will supply hats, bags, and shirts as prizes. I will rent the facility for birthday parties, company sponsored team events, Christmas parties, etc._. The computers can also be leased to establishments wanting to provide computer training, educational training, military training, or even for professional training. (e.g. nurses) Patrons can simply come in and have a cup of coffee and have intemet access, download or print documents. We will offer video games for sale. This way our customer can "try out" the game for purchase, or simply purchase the game. We will also sell refreshments. Items such as soft drinks, water, energy drinks and snacks. (candy bars, chips) In addition, hats and shirts with the company logo will be available. There will be no hazardous material present anywhere. I believe that my work history and my many years of managerial experience will further enhance this project. I have been employed for nearly 30 years in the casino industry, as a casino executive. I opened Argosy Casino in Lawrenceburg, IN as the Casino Manager and was employed as such for six years. I have worked for Caesar's Hotel and Casino and the Sand's Hotel and Casino in Atlantic City, Puerto Rico and Aruba as a Casino Shift Manager and then promoted to the position of Director of Operations, for 20 years. More recently I was employed at Pechanga Hotel and Casino in Temecula, CA, as a Casino Shift Manager. There has been LAN Centers that have been run poorly in the past. However, I believe that with policies and procedures in place and the will to create an entertaining and safe environment our LAN Center will be a success. We strive to make our LAN Center a safe, secure recreational facility where parents have an alternative while dining, Christmas shopping or getting that day long spa treatment and the kids have an altemative to the streets. ATTACHMENT NO. 5 POLICIES OF MAX FPS GAMING G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 11 Policies of Max FPS Gaming LLC It is our goal at Max FPS to provide a recreational facility where garners of all ages come to have fun. We believe to accomplish this mission, it is imperative to have a safe, enjoyable and entertaining environment. Max FPS supports and encourages social interaction, friendly competition, sportsmanship, and continued technology education for adults and children. We aze dedicated to our mission statement and we therefore; have created policies and procedures to ensure the safest and most pleasurable gaming experience for all. Please read and then sign that you will be in compliance with all. 1. You will honor all copyright laws and ordinances pertaining to computer usage. 2. No loitering inside or in the pazking lot. Only players waiting for stations will be allowed on premises. Players will wait in the lounge area for the next available station 3. No tampering with the computers, computer hazdware, or computer softwaze. 4. If you have a problem with your computer you will notify management. 5. No hacking. If we fmd anyone attempting to hack into any computers, switches, or any other equipment, you will be banned from the property. 6. No outside food and beverage, No gum allowed 7. No cheating. (this includes unauthorized scripts, configurations, or any other cheating devices). 8. No smoking. 9. No alcohol or drugs. If management feels that you aze under the influence of drugs or alcohol, you will be asked to leave. It is the management's discretion. 10. No pornography or viewing of inappropriate, illegal, or immoral websites. 11. No gambling of any kind. 12. Put trash in the trash cans. 13. No defacing of any property of Max FPS. This includes writing on the walls, desks, equipment, signs, and bathrooms. All areas prior to commencement of play will be checked for vandalism, as well as the end of play. Any damage done, expect a bill for full restoration of property. 14. Notify management of a spill. We will not yell at you. We just need to get the spill up as quick as possible. 15. Patrons must show identification. I.D. is needed for proof of membership and password change. 16. Accounts can't be shared with any other person, including family members. Any person that violates this rule. will be suspended, or terminated, at the discretion of management. Not every one is allowed the same level of game access. 17. No fighting. Verbally or physically. 18. Max FPS is not responsible for lost or stolen items. (cell phones, headphones etc) 19. Max FPS reserves the right to change prices according to the economy, cost of goods and services. However, if you have purchased a membership, your membership fee will be guaranteed good for one yeaz from date of purchase. The membership fee only guarantees the patron the lowest hourly rate. 20. Each patron will be required to fill out a member information card, and minors will need their parents or legal guardians permission and signature. ATTACHMENT NO. 6 MEMBER/PARENTAL CONSENT FORM G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 12 Parental Consent Form Max FPS supports the Entertainment Softwaze Review Boazd's (EBBW) rating for computer games. The Entertainrent Softwaze Review Board (www.esrb.com) has established a rating system, similaz to the movie rating system that categorizes games by suggested age group, maturity and content. Max FPS will make every effort to enforce these guidelines, unless we receive written direction otherwise, from you the pazent or legal guazdian. Our Account Management System will ask for the age of all patrons to regulate the access to different ESRB rated games. In some cases, games rated "M" for mature audiences tend to be the most popular games. These games are recommended for ages 17 and above. These games may be graphic in nature, may have suggestive sexual themes, and may have violent scenes. However; these games do not contain explicit sexual content. No "A" (adult) rated games are present at Max FPS. It is up to you, the parent or legal guardian, to allow your minor access to ESRB Rating Symbols. VERYONE Titles rated E (Everyone) have content that may be suitable for ages 6 and older. Titles in this category may contain minimal cartoon, fantasy or mild violence and/or infrequent use of mild language. VERYONE 10+ Titles rated E10+ (Everyone 10 and older) have content that may be suitable for ages 10 and older. Titles in this category may contain more cartoon, fantasy or mild violence, mild language and/or minimal suggestive themes. TEEN Titles rated T (Teen) have content that may be suitable for ages 13 and older. Titles in this category may contain violence, suggestive themes, crude humor, minimal blood, simulated gambling, and/or infrequent use of strong language. TUBE Titles rated M (Mature) have content that may be suitable for persons ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content and/or strong language. Max FPS Member Information/Parental Consent Member ID Date Last Name First Name Amount Paid Birthday Street City State Home Phone Cell Phone Zip E-Mail Address By signing below, I certify that I have read the policies and procedures of Max FPS Gaming LLC and that I give the above named minor permission to play "E" rated video games. Print Parent or Legal Guazdian Name Signature Parent /L,egal Guazdian Authorized Rating Level (Optional) By signing below, I certify that I am the legal parent or guardian of the above named child and I grant permission for my child to access content up to and including the highest rating I have indicated below. I understand that this rating is higher than what is normally suggested by the ESRB and I accept full responsibility for my decision. I release Max FPS Gaming LLC, its' directors, members, employees, and sponsors from any liability resulting from my child's access to these games or other content within the rating level I have authorized. TEEN initial if your child is younger than 13 and you approve them to be able to play Teen rated games. MATURE initial if your child is younger than 17 and you approve them to be able to play Mature rated games. ATTACHMENT NO. 7 STATEMENT OF JUSTIFICATIONS G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 13 Statement of Justification 1. The site is suitable and adequate for the proposed use. Not only is the site suitable and adequate, but there is a need for more recreational facilities for the younger adults. This is was addressed by our town council eazlier this yeaz when a water pazk was applying for permits, and the council agreed that there was little for children to do and more recreational facilities were needed. Pazking should not be impacted by our business, nor should be traffic: The landlord was extremely excited by our endeavor and felt that it was needed and that our business could be an asset to the Bel Villaggio Center. 2. The proposed use and design would not have a substantial effect on traffic circulation and on the planned capacity of the street system. The space is 1400 sq. ft, unlike an entity such as Costco. The LAN Center should not exceed the data specifications that aze already in existence for the other operating businesses in the Bel Villaggio Retail Center. The LAN Center, on the contrary, will produce results lower than the data specifications, due to our tazget patrons either coming to our facility in groups, walking, or pazents dropping their children off. 3. The proposed use would not have a substantial adverse impact on the general welfaze of persons residing in the community. The proposed use would have a beneficial use to the surrounding community by providing a well planned and executed recreational facility for children, young adults and garners of all ages. The business community would benefit as well since the majority of the established businesses aze restaurants and the adults can dine while their children aze occupied and happy. 4. The design of the project is compatible with the existing and proposed development within the district and its sunroundings. I feel that the LAN Center will compliment and work in unison with the other businesses and its surroundings. ATTACHMENT NO. 8 CURFEW FLYER G:\Planning\2007\PA07-0289 Maz FPS Gaming CUP\Planning\STAFF REPORT.doc 14 10 P.M. CURFEW The City of Temecula and the Temecula Police Department want to ensure the safety of all juveniles in the city. To further this effort the City has established a 10 P.M. curfew which the Temecula Police Department strictly enforces. After 10 P.M. any person under 18 years of age and who is in a public area must be accompanied by a legal guardian who is over 18. Max FPS Gaming encourages our minor customers to be picked up by 10 P.M. or be accompanied by a parent and/or legal guardian. Temecula Municipal Code --- 9.12.020 Curfew established. Every minor who is present in or upon any public or private street, road, drive, alley or trail; any public or community park or recreation area; any public ground, place or building; or any vacant lot or abandoned or vacant building between the hours often p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C of this section. (Ord. 97-16 § 2(A): Ord. 94-20 § 2 (part)) ATTACHMENT NO. 9 CORRESPONDENCE FROM PROPERTY MANAGER G:1Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 15 .~ ~. ~ a ~+.. '~ ~~ ~" ~ October 3, 2007 City of Temecula Permit Department RE: Max Gaming CUP To Whom It May Concern: Please accept this correspondence as acknowledgement of a fully executed lease between WGA Bel Villaggio, L.P. and Max FPS Gaming who will occupy 41493 Margarita Road, Suite 102, Temecula, CA. We are in full support of the premises being used for the operation of a gaming entertainment facility with the incidental retail sale of computer and video games and approve their application for a Minor Conditional use permit. Sincerely, United Development Group Agen[ for Owne~ sy: Rachel Nowacky, Asset Manager 9252 Chesapeake ~hiue ~ ~acn Rego, CA 92123 (858) 244-0900 ~ Fax (858) 244-8441 ATTACHMENT NO. 10 NOTICE OF PUBLIC HEARING G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\STAFF REPORT.doc 16 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Planning Application No. PA07-0289 Applicant: Mr. Bradley D. Johnson representing Max FPS Gaming Location: 41493 Margarita Road, Suite 102 Proposal: A Minor Conditional Use Perrnit to authorize Max FPS Gaming to have an indoor Local Area Network (LAN center) Internet and video gaming facilitywithin an existing 1,400 square foot suite in the Bel Villaggio shopping center Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing facilities) Case Planner: Katie Le Comte, Assistant Planner Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: March 5, 2008 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or priorto, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. Project Site 4~ ~/ ~_ ~ \ ~~l ~~ ,.~ G:\Planning\2007\PA07-0289 Max FPS Gaming CUP\Planning\NOPH-PC.doc ITEM #3 .STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: March PREPARED BY: Christine Damko TITLE: Associate Planner PROJECT Planning Application Number PA07-0229, a Development Plan to DESCRIPTION: construct 274 apartment units within sixteen buildings on 13.7 acres located on the southwest corner of First Street and Pujol Street RECOMMENDATION: ®Approve with Conditions ^ Deny ^ Continue for Redesign ^ Continue to: ^ Recommend Approval with Conditions ^ Recommend Denial CEQA: ^ Categorically Exempt (Section) (Class) ^ Notice of Determination (Section) ^ Negative Declaration ® Mitigated Negative Declaration with Monitoring Plan ^ EIR G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\PlanninglPC STAFF REPORT.doc 1 PROJECT DATA SUMMARY Name of Applicant: Dell Toelkes representing DMC Temecula Villa, L.P. Date of Completion: August 9, 20D7 Mandatory Action Deadline Date: March 5, 2008 General Plan Designation: High Density Residential (H) Zoning Designation: High Density Residential (H) Site/Surrounding Land Use: Site: Vacant North: South East: Habitat Way (a five-unit, single-family residential project sponsored by Habitat for Humanity) Creekside Apartments A construction equipment storage yard, a social work center, the Temecula Community Center, and the Boys and Girls Club of Southwest Riverside County facilities West: VacanUundeveloped grassland and hillside scrubland Lot Area: 13.7 acres Total Floor Area/Ratio: N/A Landscape Area: 189,839 square feeU32 percent of site Parking Required/Provided: 548 required/572 provided BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The project was initially submitted as aPre-Application on September 25, 2006. Staff and the applicant worked together on re-designing the site plan layout and architectural designs. The Pre-Application process was completed on April 24, 2007. On August 24, 2007, the applicant formally submitted. Additional site plan and architectural enhancements were needed, and staff and applicant worked together to make the required changes. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\PC STAFF REPORT.tloc 2 ANALYSIS Site Plan The project conforms to the development regulations of the High Density Residential zoning district. The building setbacks meet the minimum requirements of the City's Development Code. The proposed project offers three vehicular entrances/exits to the site. The main entrance is centrally located within the site and is accessed via Pujol Street. A landscaped island provides additional enhancement and differentiates itself from the other entrances. The second entrance is located toward the southern portion of the site and is accessed via Pujol Street, while the third entrance is located on the northern side of the site and is accessed via First Street. The project layout is focused on creating a walkable community by providing pedestrian pathways that interconnect throughout the entire site. These pedestrian pathways connect to two tot lot playgrounds/social areas located on the north and south sides of the site and to the main recreation area which is centrally located in the middle of the development. The main recreation area has amenities such as: a pool with cabanas, patio area with overhead trellis and permanent stucco/stone seating, a clubhouse which includes meeting rooms, Internet cafe, mail room, small kitchen area, and technology and exercise rooms. A separate storage building is also located in this area for residents to house additional belongings in their own individual storage unit. The project proposes two different types of apartment styles ranging in size from one to three bedrooms, 747 square feet to 1,640 square feet. The first type consists of an attached townhome style with stacked garages for each unit. The two-story townhomes are located along Pujol Street to create pedestrian energy. Porches and balconies also facing Pujol Street help add to the pedestrian friendly atmosphere. The second type of apartment style is a three story apartment building, where each unit has access from shared hallways. Porches and balconies are not only a private open space requirement for each unit, but provides an opportunity for visual enhancements on all sides of the building. Together, both styles of apartments provide for a varied and pedestrian energetic community that is surrounded by walkable pathways, social common areas, and landscaped open space. Architecture The proposed development architecture is consistent with the Development Code and Design Guidelines. The architectural style proposes a Californian Tuscan inspired architectural concept with three different interpretations of the style which include Mission, Tuscan, and Spanish. The project proposes four sided architecture, decorative lighting specific to the building type on all four sides, upgraded garage doors, upgraded front doors, and decorative chimney caps specific to the building style. Staff believes that with the attached Conditions of Approval, the project meets and exceeds the intent of the Development Code and Design Guidelines. The proposed elevations achieve an overarching design to create a street scene with strong character as well as function, and visual variety. The various materials and features proposed include the following for each architectural style: Mission: Smooth sand finish stucco, concrete "S" roof tiles, wood trellis feature over porches/balconies in rear and front elevation, stone strategically placed to accent main G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\PC STAFF REPORT.doc 3 entrances and prominent windows, window shutters on all elevation sides, stucco covered trim accents, architecturally enhanced balconies, rafter tails, window mullions and stucco covered foam trim surroundings windows. Tuscan: Cultured stone veneer on enhanced angles of an elevation, decorative wrought iron medallions on all elevations, rounded windows in prominent locations, concrete "S" tiles, smooth stucco in a sand finish, and foam stucco window trim with window mullions. Spanish: Rounded main entry door ways and rounded windows in prominent locations, decorative wrought iron details, decorative vents, stucco design enhancements over main elements of the building which include doorways and windows, smooth sand finish stucco, concrete "S" tiles, foam stucco trim surrounding windows along with window mullions. The project also proposes detached garages, carports, a storage building, and a recreation building. All structures are architecturally compatible with the apartments units. The carports and detached garages propose concrete "S" the roofs, decorative lighting, and varied upgraded garage doors. The storage building also carries the same characteristics such as decorative lighting, concrete "S" the roof tiles, and includes a large trellis area for additional enhancement and shade. The recreation building carries a Tuscan theme and has similar enhancements as the Tuscan apartment units described above. Landscaping The landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Plant materials include, Pink Flowering Locus, London Plane Tree, Chinese Flame Tree, African Sumac, and Chinese Evergreen Elm. These species are all consistent with the requirements of the Development Code. Tree and shrub placement will serve to effectively screen and soften building elevations and enhance the apartment complex community character. The project proposes landscaping covering 32 percent of the site, which exceeds the minimum requirement of 20 percent as cited in the Development Code. Access and Circulation The Department of Public Works has analyzed the proposed traffic impact of the project and determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Access to the proposed apartment community will be provided by three access points. The main entrance is centrally located in the site and is accessed via Pujol Street. The second entrance is located toward the southern portion of the site and is accessed via Pujol Street, while the third entrance is located on the northern side of the site and is accessed via First Street. The proposed project provides 572 parking spaces, while the parking requirement for this size of use is 548. G:\Planning\2007\PA07-0229 Pujol Street Apis Multi Family\PlanninglPC STAFF REPORT.doc 4 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 09, 2008 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION Staff finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect because the conditions and mitigation measures required for the project have been made by or agreed upon the project proponent. A Mitigated Negative Declaration will be prepared in pursuant with CEQA Section 15070. CONCLUSION/RECOMMENDATION Staff has determined that this project is consistent with the General Plan, Development Code, and Design Guidelines and therefore recommends approval based on the following findings and subject to the attached Conditions of Approval. FINDINGS Development Plan (Code Section 17.05.010F) The proposed use is in conformance with the General Plan for Temecula and with applicable requirements of State law and the ordinances of the City. The proposed project is located within the High Density Residential (H) land use area of the General Plan. The proposed project is a development application, which will not change the current zoning of the property. The project, as conditioned is consistent with the City's General Plan and Zoning Code and is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. 2. The overall development of the land is designed for the protection of the public health, safety am and general safety. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policy guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\PC STAFF REPORT.doc 5 ATTACHMENTS 1. Vicinity Map -Blue Page 2. Plan Reductions -Blue Page 8 3. PC Resolution 08-_ -Blue Page 9 Exhibit A -Draft Conditions of Approval 4. Initial Study -Blue Page 10 5. Mitigation Monitoring Plan -Blue Page 11 6. Notice of Public Hearing -Blue Page 12 G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\PC STAFF REPORT.doc 6 ATTACHMENT NO. 1 VICINITY MAP G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\PC STAFF REPORT.doc 7 SANTIAGO RO a"~ x`4`5 3 s 'Se 0 0 0 z T 0 ?~ o as no ono sio seo 180 360 720 1,080 Feet - // This map was made by H~a Cih of Temecula Geogaphic Infamatbn SYStem. The map rs derived hen base data produced by Ne Riverside Canty Assessa's DepaNnenl arM Ne Trenspalation ant Lar10 Managemerrt Agax:y M Riverside ^+ t ~~ ,~ Canty. TM Cily of TemeaW aswmes no warranty a legal respdnsipility fa Ne intormation contained on Nis map. 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O8- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0229, A DEVELOPMENT PLAN TO CONSTRUCT 274 APARTMENT UNITS LOCATED WITHIN SIXTEEN BUILDINGS ON 13.7 ACRES LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND PUJOL STREET (ASSESSOR'S PARCEL NUMBERS 922- 260-002 THRU 013; 922-260-015 THRU 026) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 9, 2007, Dell Toelkes representing DMC Temecula Villas, L.P. filed Planning Application No. PA07-0229, a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 5, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0229 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; The proposed project is located within the High Density Residential (H) land use area of the General Plan. The proposed project is a development application, which will not change the current zoning of the property. The project, as conditioned is consistent with the City's General Plan and Zoning Code and is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. G:\Planning\2007\PA07-0229 Pujol Slree[ Ap[s Multi Family\Planning\PC RESOLUTION NO.doc B. The overall development of the land is designed for the protection of the public health and general safety; The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on February 13, 2008 and expired on March 3, 2008. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the March 5, 2008 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in this Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0229, Temecula Villas subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0229 Pujol Strcct Apts Mul[i Family\Planning\PC RESOLUTION NO.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of March 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of March 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary Q\Planning\2007\PA07-0229 Pujol Stree[ Apts Multi Family\Planning\PC RESOLUTION NO.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Damko G:\Planning12007\PA07-0229 Pujol Street Apts Multi Family\PlanninglMASTER COA.doc 1 ~~ ~g TEMEcG C~ ~~ ~® ACCEPTANCE OF CONDITIONS OF APPROVAL (print name) understand that Planning Application No. PA07-0229 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 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. SIGNATURE DATE G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 2 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0229 Project Description: A Development Plan to construct 274 apartment units located within 16 buildings on 13.7 acres located on the southwest corner of First Street and Pujol Street Assessor's Parcel No. 922-260-002 thru 013; 922-260-015 thru 026 MSHCP Category: Greater than 14.1 DU DIF Category: Residential-Attached TUMF Category: Multi-Family Approval Date: March 5, 2008 Expiration Date: March 5, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Nine Hundred Forty Dollars and Seventy-Five Cents ($1,940.75) which includes the One Thousand Eight Hundred Seventy Six Dollar and Seventy-Five Cent ($1,876.75) 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 Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the 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:\Planning\20071PA07-0229 Pujol Street Apts Multi FamilylPlanning\MASTER COA.doc 3 GENERAL REQUIREMENTS 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 following shall be submitted to and approved by the Planning Department: a. A copy of the Covenants, Conditions, and Restrictions (CC&Rs): i. CC&Rs shall be reviewed and approved by the Planning Director. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. The CC&Rs shall be prepared at the developer's sole cost and expense. iii. The CC&Rs shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. iv. The CC&Rs and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&Rs shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&Rs shall provide that the association may not be terminated without prior City approval. viii. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. G:\Planning12007\PA07-0229 Pujol Street Apts Multi FamilylPlanninglMASTER COA.doc 4 ix. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. x. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Departments prior to the issuance of building permits. xi. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. xii. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA _1. The Conditions of Approval of [Tentative Tract]/[Parcel] Map No._ requires the City to review and approve the CC&Rs for the Parcel. _2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. _3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or federal, state, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director of Planning of the City of Temecula. xiii. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 5 CONSENT OF CITY OF TEMECULA The Conditions of Approval for [Tentative Tract]/[Parcel] Map No. require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the conditions of approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Debbie Ubnoske Director of Planning Approved as to Form: Peter M. Thorson City Attorney 5. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 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 thetwo-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi FamilylPlanning\MASTER COA.doc 6 9. 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. 10. 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. 11. The project shall comply with the City's Smoking Ordinance. Details of smoking and non- smoking units shall be provided on building construction plans. Public Works Department 12. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 13. 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. 14. 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. 15. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 16. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered Civil Engineer and include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. 17. All onsite drainage facilities shall be privately maintained. Building and Safety Department 18. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 19. The City of Temecula adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF) on March 21, 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. G:1Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 7 20. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 21. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. 23. Show all building setbacks. 24. Developments with multi-tenant buildings or shell buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single-user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 25. Provide an approved automatic fire sprinkler system. 26. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 27. Commercial and Industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 28. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21,specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention Bureau 29. 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. 30. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide , a water system capable of delivering 4,00 GPM at 20 PSI residual operating pressure for a four-hour duration. The Fire Flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). G:1Planning\2007\PA07-0229 Pujol Slreet Apts Multi Family\Planning\MASTER COA.doc 8 31. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to 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 required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). 32. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 503.4). Community Services Department 33. 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. 34. The Applicant shall comply with the Public Art Ordinance. 35. All parkways, including the right-of-way, entry way median, landscaping, walls, recreational facilities, fencing and on site lighting shall be maintained by the property owner or maintenance association. 36. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 37. All costs associated with the relocation of any existing street lights shall be paid for by the developer. PRIOR TO ISSUANCE OF GRADING PERMITS Planning Department 38. 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. 39. 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." G:\Planning\20071PA07-0229 Pujol Street Apts Multi Family\PlanninglMASTER COA.doc 9 40. 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. 41. 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. 42. All sacred sites are to be avoided and preserved. 43. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre-grading meeting with Public Works. 44. The following shall be included in the Notes Section of the Grading Plan: No grubbingJclearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 3O-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist. Public Works Department 45. 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. 46. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 47. All existing onsite easements that do not support the project shall be vacated and/or relocated. 48. 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. 49. 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. G:\Planning12007\PA07-0229 Pujol Street Apts Multi FamilylPlanning\MASTER COA.doc 10 50. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director 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. 51. 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 shalt provide recommendations to mitigate the impact of ground shaking and liquefaction. 52. 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 and identify impacts to downstream properties and provide specific recommendations toprotect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to construct required improvements, shall be provided by the Developer. a. Pujol Street drainage facilities i) Southerly proposed storm drain facility (1) Permission to construct the extension of the storm drain facility to Murrieta Creek shall be obtained from the property owner. (2) A drainage and maintenance easement shall be acquired from the property owner and recorded. ii) Existing 30" CMP on Pujol Street (1) Shall be abandoned in place and filled with concrete with bulkhead at both ends and flush with creek side slopes. (2) The proposed onsite drainage system shall convey runoff to the proposed storm drain facilities located at the southerly property boundary. b. First Street Drainage facility i) Analyze adequacy of the existing storm drain facility discharging into Murrieta Creek and construct required storm drain improvements. c. Developer shall provide a recorded document accepting offsite drainage 53. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 54. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. G:\Planning\20071PA07-0229 Pujol Street Apts Multi FamilylPlanning\MASTER COA.doc 11 55. As deemed necessary by the Director of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 56. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 57. 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. 58. 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. 59. 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. Fire Prevention Bureau 60. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required (CFC 508.5). 61. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be 45 feet (CFC 503.2.4 and 503.2.5 along with the City Ordinance 15.16.020 Section E). 62. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW (CFC 503.2.3 and City Ordinance 15.16.020 Section E). 63. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet six inches (CFC 503.2, 503.4 and City Ordinance 15.16.020 Section E). 64. The gradient for a fire apparatus access roads shall not exceed fifteen percent (CFC 503.2.7 and City Ordinance 15.16.020 Section E). 61Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 12 65. Prior to building construction, dead end road ways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC 503.2.5 and City Ordinance 15.16.020 Section E). PRIOR TO ISSUANCE OF BUILDING PERMIT Planning Department 66. 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. 67. 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. 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. i. Specifications shall indicate that a minimum of three 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. A third inspection is to check the overall health and maintenance of the landscaping. The applicant/owner shall contact the Planning Department to schedule inspections. j. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. G:1Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 13 68. 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. 69. Building Construction Plans shall include detailed outdoor areas (including but not limited to) trellises, decorative furniture, fountains, hardscape to match the style of the building subject to the approval of the Planning Director. Public Works Department 70. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director 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 overA.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City Standard Nos. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. Minimum centerline radii shall be in accordance with City of Temecula's Standard No. 113. g. All reverse curves shall include a 100 foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. i. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. j. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 71. 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 Public Works: a. Improve Pujol Street (66' R/VV per Std. No. 103A) to include: i) Installation of street improvements per City standards ii) Provide a streetlight improvement plan b. Improve First Street (78' R/1N per Std. No. 103) to include: i) Dedication of half-width street right-of-way plus six feet ii) Installation of full-width street improvements paving, curb, gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 14 iii) Installation of an interim turnaround at the westerly terminus of First Street (1) Design shall be approved by Public Works and Fire iv) Portions of the constructed improvements northerly of the First Street centerline between Pujol Street to Calle Cerrillo may be eligible for reimbursement (1) Reimbursement requires an executed agreement and an audit of expenses with the City of Temecula for street improvements 72. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalk, drive approaches, street lights, signing, and striping b. Storm drain facilities c. Sewer and domestic water systems d. Underground all proposed and exiting utilities 73. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 74. 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. 75. 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. 76. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 77. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 78. Obtain street addressing for all proposed buildings prior to submittal for plan review. 79. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Section 1207, of the 2007 edition of the California Building Code. 80. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi FamilylPlanning\MASTER COA.doc 15 81. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 82. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 83. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Fire Prevention Bureau 84. 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. 85. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW (CFC 503.2.3 and City Ordinance 15.16.020 Section E). 86. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 87. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. Community Services Department 88. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 89. The developer shall satisfy the City's park land dedication (Quimby) requirement through the payment of in-lieu fees equivalent to 1.51 acres of park land, based upon the City's then current land evaluation. Said requirement includes a 30% credit for private recreational opportunities provided on-site and a credit for the 96 residential units demolished on this parcel. The in-lieu fee shall be pro-rated at a per dwelling unit cost prior to the issuance of each residential building permit. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 16 90. Prior to the first building permit or installation of street lights on Pujol and First Streets, whichever 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. 91. The CC&Rs shall be reviewed and approved by Community Services. PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 92. 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. 93. Pertormance 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. 94. 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. 95. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 96. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 97. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 98. Corner property line cut off shall be required per Riverside County Standard No. 805. 99. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 100. 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 Public Works. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 17 Building and Safety Department 101. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 102. Apre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention Bureau 103. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020 Section E). 104. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12 inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC 505.1 and City Ordinance 15.16.020 Section E). 105. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 106. 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 fire riser sprinkler room (CFC 506). 107. 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 506). 108. 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 (CFC 503.3). 109. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact Fire Prevention for approval. 110. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI 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\PA07-0229 Pujol Street Apts Multi Family\Planning\MASTER COA.doc 78 OUTSIDE AGENCIES 1 i 1. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 23, 2007, a copy of which is attached. 112. The applicant shall comply with the recommendations set forth in the Western Riverside Regional Conservation Authority letter date February 2, 2007. G:1Planning120071PA07-0229 Pujol Street Apts Multi Family\PlanninglMASTER COA.doc 19 ~ CvuNTY OF RIVERSIDE • HEAL:: ~ SERVICES AGENCY ~ DEPARTMENT OF ENVIRONMENTAL HEALTH August 23, 2007 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 RE: Condominium Development Plan f I~f i;uG 2 7 2007 ~~-! B .~.. y PfanltirlgDe,~alrment To Whom It May Concern: Department of Environmental Heahh has reviewed the development plan to construct a condominium complex at the intersection of First Street and Calle Cerillo the site plan does not indicate if either water and sewer services exist, we assume that these services are available. 1. PRIOR TO THE ISSUANCE OF BUII.DING PERMITS THE FOLLOWING SHOULD BE REQUH2ED: a) "Will-serve" letters from the appropriate water district. . b) Swimming pools must be submitted to the Department of Environmental Health pool plan section at 951-461-0284. Sincerely, C~~~inez, Su • g EHS (951)955-8980 NOTE: Any cutrcnt additioml requirem®ts not covered can be applicable at time of Building Plan review for 6tm1 DeparNtent of Eavvoamcatal Health clearance. .ocal Enforcement Agency •.PO. Box 1280. Riverside, CA 92502-1280 (909) 955-8982 FAX (909) 781-9653 • 4080 Lemon Street 9th Floor. Riverside. CA 92501 and Use and- Water Engineering • PO: Box 1206. Riverside.. ~CA 92502-1206 • (909) 955-8980 • FAX (909) 955-8903 • 4080 lemon Street, 2nd Floor, Riverside, CA 92501 Western Riverside County Regional Conservation Authority BOARD OF DIRECTORS Chairman Belly Seyarto Cityof Murrieta Vice Chairman JeH Stone County of Riverside Marion Ashley County of Riverside Robin Iuwe City of Hemet William Batey City ofMoteno Valley Dom Be[ro Cityof Riverside Bob Buster Couaty of Riverside ferry Dressel City of Beaumont Frank Hall City of Norco Joha Macl»sic City of Bamring Eugene Montanez City of Corona Shema Moqeet City of Calimesa Robert Sc)riffner City of Iake Elsinore Dale Stubblefield City of San Jacinto Joha TavagBone County of Riverside Chuck Washington City of Temecula Roy Wilson County of Riverside Mazk Yarbrough City of Perris John 78itz City of Can}ron lake R7CECUTTVE STAFF Tom Mullen Executive Director Joseph RirLards Deputy Executive Director February 2, 2007 Mr. Steve Brown P.0. Box 9033 Temecula, Califomia 92589 Dear Mr Brown: Please find the following JPR attached: JPR 07-01-17-01, the Local Identifiers are APNs 922-260-001 and 027. The JPR file attached indudes the following: • RCA JPR Review Form • Figure A, Vicinity Map with MSHCP Schematic Cores and Linkages • Figure B, Criteria Area Cells with MSHCP Vegetation and Project Location • Figure C, Criteria Area Cells with Aerial Photograph and Proposed Project • Regional Map Thank you, ~~ Emily Lyons ' Western Riverside County Regional Conservation Authority ~: Doreen Stadtlander Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, Califomia 92009 Leslie MatyVair Califomia Dept. of Fsh and Game 3602 Inland Empire Blvd. #C22O Ontario, Califomia 91764 go8o Lemon Street, rz~^ Floor, Riverside, California, 9z5or • P.O. Box r6o5, Riverside, California 9z5o2-r6o5 Phone: (954 955-9700 • Fax: (951) 955-SSy3 • w~ww.wrc-rca.org RCA Joint Project Review (JPR) JPR #: 07-01-17-01 Date: 01/29/07 Project Information Permittee: City of Temecula Case Information: PR06-0020 Temecula Villas Apartments Site Acreage: 13.9 acres Portion of Site Proposed for MSHCP Conservation Area: 0 acre Criteria Consistency Review Consistency Conclusion: The project is consistent with both the Criteria and Other Plan requirements Data: Applicable Core/Linkage: Pronosed Constrained Linkage 13 and Proposed Linkage 10 Area Plan: Southwest Area APN Sub-Unit Cell Group Cells 922-260-001 szz-zsao27 SU 1-Murrieta Creek Independent 7264 and 7tss Comments: a. Proposed Constrained Linkage 13 consists of Murrieta Creek, located in the southwestern region of the Plan Area. This Constrained Linkage connects Existing Core F (Santa Rosa Plateau Ecological Reserve) in the north to Proposed Linkage 10 in the south. This Linkage is constrained along most of its length by existing urban Development and agricultural use and the planned land use surrounding the Linkage consists of city (Murrieta and Temecula). Therefore, care must be taken to maintain high quality riparian Habitat within the Linkage and along the edges for species such as yellow warbler, yellow-breasted chat, and least Bell's vireo, which have key populations located in or along the creek. Maintenance of existing floodplain processes and water quality along the creek is also important to western pond turtle and - arroyo chub in this area. Proposed Linkage 10 consists of an upland connection in the southwest region of the Plan Area extending from Existing Core F (Santa Rosa Plateau Ecological Reserve) in the north to Existing Core G (Santa Margarita Ecological Reserve) in the south. Private lands compose the entirety of the Linkage, which consists of upland Habitat complementary to the riparian Linkage provided between these two Cores by Proposed Constrained Linkage 13 (Murrieta Creek). This Linkage, which is only somewhat constrained by existing urban Development, provides for movement between these two Cores for species such as bobcat and mountain lion. Although the Linkage is somewhat lengthy at 5.5 miles, it is also nearly a mile wide and thus provides Live-In Habitat for many species. Surrounding planned land uses are approximately evenly divided between Rural Mountainous and city (Murrieta, Temecula). In 1 of 4 RCA Joint Project Review (JPR) JPR #: 07-01-17-O1 Date: 01/29/07 areas of the Linkage bordering Cities, treatment of edge conditions will be necessary to maintain the proper Habitat and movement functions of the Linkage. b. The dimensional data provided for the Proposed Linkage 10 indicates a width ranging from 3,000 to 4,500 feet in the proposed project area. Proposed Constrained Linkage 13 indicates an approximate width of 750 feet in the vicinity of the project area. c. Conservation within Cell 7264 will contribute to assembly of Proposed Constrained Linkage 13 and Proposed Linkage 10. Conservation within Cell 7264 will focus on riparian scrub, woodland, forest, grassland and coastal sage scrub habitat along Murrieta Creek and on additional chaparral, grassland and coastal sage scrub habitat within the Cell. Conservation within this Cell will range from 70%-80% ofthe Cell focusing in the western portion and eastern edge of the Cell. Conservation within Cell 7166 will contribute to assembly of Proposed Constrained Linkage 13 and Proposed Linkage 10. Conservation within this Cell will focus on riparian scrub, woodland, forest and grassland habitat along Murrieta Creek and on additional chaparral habitat within the Cell. Areas conserved within this Cell will be connected to riparian scrub, woodland and forest habitat proposed for conservation in Cell #7079 to the north, to chaparral, grassland, riparian scrub, woodland and forest habitat proposed for conservation in Cell #7264 to the south and to chaparral habitat proposed for conservation in Cell #7164 to the west. Conservation within this Cell will range from 35%-45% of the Cell focusing in the southwestern portion of the Cell. d. The project consists of redevelopment of an existing high density multi-family residential site called "Temecula Villas" into a new, high-density class"A" Rental apartment community. The new project proposes 274 units. The Applicant has not provided for any land to be dedicated as MSHCP Conservation Area. However, the configuration and size of the proposed conservation area is consistent with the Reserve Assembly objectives for this area because the project is located in the north central portion of Cell # 7264 and MSHCP Conservation is intended to focus on the western and eastern edges of the cell. Additionally, the project site is located in the south central portion of Cell #7166 and MSHCP Conservation is intended to focus on the southwestern corner of the cell. Therefore, it is not anticipated that implementation of the project with the proposed dedication would conflict with Reserve Assembly in this area. Other Plan Requirements Data: Section 6.1.2 - Riparian/Riverine/Vernal Pool Mapping Provided: Yes. Information was provided. Section 6.1.3 -Narrow Endemic Plant Species Surveys Provided: 2of4 RCA Joint Project Review (JPR) JPR #: 07-01-17-O1 Date: 01/29/07 No The project site is not located within a Narrow Endemic Plant Species Survey Area. Section 6.3.2 -Additional Species Surveys Provided: Yes A habitat survey was completed for burrowing owl. Additional species surveys aze not required. Section 6.1.4 -Guidelines Pertaining to Urban/Wildland Interface: See "d" below. Project design features are included in the application materials. Comments: a. According to MSHCP Compliance Report and Burrowing Owl Habitat Assessment for Temecula Villas by Paul A. Principe of Principe and Associates, "areas meeting the definition of Riparian/Riverine Areas were not located on the project site. Other kinds of aquatic features such as vernal pools and seasonal depressions are not present onsite". The project demonstrates compliance with Section 6.1.2 of the MSHCP. b. Habitat assessment and Phase I burrow survey were provided for burrowing owl. According to MSHCP Compliance Report and Burrowing Owl Habitat Assessment for Temecula Villas by Paul A. Principe of Principe and Associates, the site did not contain suitable habitat for burrowing owl, due to active occupancy of all suitable burrows on the site by ground squirrels, and no burrowing owls were observed. A preconstruction survey should be conducted within 30 days prior to ground disturbance at the site. Follow-up surveys will be conducted during the breeding season for burrowing owl. No other surveys were required. The project demonstrates compliance with Section 6.3.2 of the MSHCP. c. To preserve the integrity of area dedicated as MSHCP Conservation Areas, which is proposed to occur adjacent to development, the guidelines contained in Section 6.1.4 related to controlling adverse effects for development adjacent to the MSHCP Conservation Area should be considered by the Permittee in their actions relative to the project. Specifically, the Permittee should include as project conditions of approval the following measures: i. Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into the MSHCP Conservation Area. The greatest risk is to riparian habitats north of the project site. ii. Land uses proposed in proximity [o the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure, which are potentially toxic or may adversely affect wildlife species, habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and run-off. iii. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project rl~ 5 'A 3of4 RCA Joint Project Review (JPR) JPR #: 07-01-17-01 Date: Ol /29/07 designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. In this ,fi''~ instance, focused habitat occurs in close proximity to the west, south, and southeast; shielding should focus on these areas. iv. Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules,regulations and guidelines related to land use noise standards. v. Consider the invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas, species considered in the planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography and other features. vi. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping into the MSHCP Conservation Areas. Such barriers may include native landscaping, rocks boulders, fencing, walls, signage, and/or appropriate mechanisms. vii. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP Conservation Area. BW 4of4 ATTACHMENT NO. 4 INITIAL STUDY G:1Planning120071PA07-0229 Pujol Street Apts Multi Family\Planning\PC STAFF REPORT.doc 10 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Temecula Villas, Plannin A lication No. PA07-0229 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Christine Damko, Associate Planner 951 694-6400 Project Location The subject site is located at the southwest intersection of Pujol Street and First Street within the Cit of Temecula. Project Sponsor's Name and Address DMC Temecula Villa, L.P. c/o Dell Toelkes 6363 Woodway, Suite 1000 Houston, TX 77057 General Plan Desi nation Hi h Densit Residential H Zonin Hi h Densi Residential H Description of Project The project proposes to construct 274 apartment units within 16 buildings located on 13.7 acres. The project also proposes an associated clubhouse, storage rooms, detached garages, carports, and tot lots. Surrounding Land Uses and Setting The western portion of the site is primarily comprised of gently sloping terrain, with its high point on the west side of the site. The east side of the site was developed with apartments, parking, driveways, hardscape and landscape type improvements, which has been demolished within the past year. The western undeveloped and eastern developed portions of the site are separated a cut slope that is approximately five feet in vertical height. Land uses surrounding the site include Habitat Way (a five-unit single-family residential project sponsored by Habitat for Humanity) located to the north; Creekside Apartments to the south; a construction equipment storage yard, asocial work center, the Temecula Community Center, and the Boys and Girls Club of Southwest Riverside County facilities to the east; and, vacanU undevelo ed rassland and hillside scrubland to the west. Other public agencies whose approval None at this time. is re wired G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources A riculture Resources Noise X Air Qualit Po ulation and Housin Biolo ical Resources Public Services X Cultural Resources Recreation X Geolo and Soils Trans ortation/Traffic Hazards and Hazardous Materials Utilities and Service S stems H drolo and Water Qualit Mandato Findin s of Si nificance Land Use and Plannin None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be re ared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the ro'ect ro onent. A MITIGATED NEGATIVE DECLARATION will be re ared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. I find that the proposed project MAY have a "potentially significant impact° or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is re uired, but it must anal ze onl the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are im osed u on the ro osed ro'ect, nothin further is re uired. 1 Si na re a/n~~- Date Christine Damko Printed Name City of Temecula For G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY- 2005.doc 0 180 360 720 1 080 Feet !--~ e", , " This map was matle by Ne City of Temewla GeographC Informaticn System. ~~ The map is tlerivetl from base tlata protlucetl by Ne Riversitle County Assessors \ ~! Department aM Ne Transportation and Land Management Agenry M Riverside ~ tp~ CourRy. The City of Temewla assumes no wartanty or legal responsibility far Ne inlortnalion contained on Nis map. Oata arA infortnaUOn represented on Nis map are subject to uptlate antl modtlication. The Geographic Information SYstem and oNer sources should be gaeried for Ne most anent infonnalion. This map is not fw reprint or resale. 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AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Signifcant Mitigation Significant No Issues and Su ortin Information Sources Im act Inco orated Im act Im act a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, and historic buildings within a state scenic hi hwa ? c. Substantially degrade the existing visual character or X ualit of the site and its surroundin s? d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Comments: 1.a. No Impact: The proposed project is on vacant land. No scenic vistas have been identified per the City's General Plan. Therefore, no scenic vistas will be adversely impacted from development of the proposed project. 1.b. No Impact: No major rock outcroppings or historic buildings exist on the project site. The project site is not located on a scenic highway. 1.c. No Impact: The proposed project site is currently vacant and is within an urbanizing area of the City. The site originally housed 96 apartment units. The apartment units and associated parking lot and landscaping have been removed. There are proposed single family homes to the north of the project, an existing City community center to the east, and vacant land to the west and south. The proposed site plan and grading plan will result in the integration of the existing topography. Additionally, the site is zoned for high density residential units, therefore no impacts are anticipated. 1.d. Less than Significant Impact: This project will be constructed in accordance with zoning development standards including maximum height, landscape buffers, and the Mount Palomar Lighting Ordinance. The City of Temecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. G\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Potentially Significant Unless Less Than Signifcant Mitigation Signifcant No Issues antl Su nin Information Sources Im act Incor raletl Im ct Im act a. Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a ricultural use? b. Conflict with existing zoning for agricultural use, or a X Williamson Act contract? c. Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-a ricultural use? Comments: 2.a. No Impact: According to Figure 5.2-1 labeled "Agricultural Resources" in the Agricultural Resource, Section OS-30 of the General Plan, the project is not located in an area of prime farmland, farmland of statewide importance, unique farmland, or farmland of local importance. The site is located adjacent to single family homes, a City recreation center, and apartments. There are no other immediate properties in the vicinity of the project which have been allocated for farmland use. The subject site is not currently being used for agricultural purposes, and the City's General Plan Land Use Element has designated the site for High Density Residential uses. 2.b.c. No Impact: The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve substantial changes to the existing environment, which would result in the conversion of farmland to non- agricultural uses. G:\Planning12007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Su ortin Information Sources Im acl Inco orated Im act Im acl a. Conflict with or obstruct implementation of the applicable X air ualit Ian? b. Violate any air quality standard or contribute substantially X to an existin or ro'ected air ualit violation? c. Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed uantitative thresholds for ozone recursors ? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of eo le? Comments: An Air Quality Impact Analysis including the UREBMIS model was conducted by Urban Crossroads on November 30, 2006 for the proposed project. The analysis evaluated the potential air quality impacts associated with the development (i.e. construction and operations). The analysis also considered the potential for localized Carbon Monoxide (CO) "hotspots" resulting from traffic volumes and congestion near the project site. Lastly, emissions reduction measures were identified to reduce the potential for significant air quality impacts due to construction or ongoing operations activity of the project. The analysis concluded that the project will not result in a significant impact for short-term construction activity after the implementation of mitigation measures. For long-term activity, the project will also not have a significant air quality impact. The proposed project does not conflict with or obstruct implementation of the applicable air quality management plan. The project is not expected to create objectionable odors affecting a substantial number of people. Lastly, the project generated traffic does not create a CO hotspot. Below lists the recommended air quality mitigation measures for the project: Adhere to best management practices which include the application of water on disturbed soil three times per day, covering haul vehicles, replanting disturbed areas as soon as practical and restricting vehicle speeds on unpaved roads to 15 mph or less, to control fugitive dust. 2. During construction activities, construction equipment shall be properly maintained to ensure proper timing and tuning of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction activity. 3. During construction activities, contractor shall ensure that all equipment on-site will not idle for more than five minutes. 4. Where feasible contractor shall utilize Zero-VOC paints (assumes no more than 150 gram/liter of VOC) G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 5„ 3.a. Less than Significant Impact: The proposed project will not conflict or obstruct the implementation of the Air Quality Management Plan for the South Coast Air Basin. Furthermore, the project will comply with the provisions of the Plan. As a result, no adverse impacts are forecast and no mitigation is required. 3.b.c. Less than Significant Impact: Land uses such as those proposed for the project impact air quality predominately through emissions associated with vehicular travel. Trip generation rates and characteristics were available from the Temecula Villas Traffic Impact Analysis prepared by Urban Crrossroads, Inc. The URBEMIS 2022v.8.7.0 model was used to forecast emission levels for both construction and operational activity. Construction activities associated with the proposed project will result in emissions of CO, VOCs, NOx, SOx, PMZ,S, and PMtp. Construction related emissions are expected from construction equipment and construction activities such as rough grading, paving, building construction, architectural coatings, and construction workers commuting. The analysis concluded that the results of the localized emission during construction activity do not exceed localized thresholds for construction activity with implementation of the mitigation measures. With regards to hotspots, currently there are no significant impacts at intersections with the highest potential for CO hotspot information, no significant impacts are anticipated to occur at any other locations in the project vicinity as a result of the proposed project. Consequently, sensitive receptors would not be significantly affected by CO emissions generated by project related traffic. For long-term operational activity, the project will not have a significant air quality impact. Since the project is not expected to exceed the emissions thresholds set forth by SCAQMD it is assumed that the project and other cumulative developments will not result in a cumulatively significant impact during the long-term operational activity. 3.d. Less than Significant Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. The closest potentially sensitive receptors include adjacent residences and the City's recreation facility. When completed the project will not generate pollutant concentrations that will affect adjacent sensitive land uses because this is a residential project, which has little or no potential to generate long-term toxic emissions. Diesel emissions during the short-term construction activities are too low to pose an acute significant toxic air contaminant health hazard and they will not occur over the long-term. As a result, no significant impacts are expected with this project. 3.e. Less than Significant Impact: During construction the proposed project will contain operations that will produce odors associated with equipment and materials. The site is located within the vicinity of sensitive receptors; however, the odors associated with this type project are normally not considered so offensive as to cause sensitive receptors to complain. Diesel fuel combustion odors from construction equipment, operation equipment, and new asphalt paving fall into this category. Both based on the short-term of the emissions and the characteristics of these emissions, no significant odor impacts are forecast to result from implementing the proposed project. G'1Planning120071PA07-0229 Pujol Street Apts Multi FamilylPlanninglCEQA INITIAL STUDY - 2005.doc 6 4. BIOLOGICAL RESOURCES. Would the project? ~~ Potentially Potentially Significant Unless Less Than Significant Mitigation Signifcant No Issues and su ortin Information Sources Im act Inco rated Im ac[ Im acl a. Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru lion, or other means? d. Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or im ede the use of native wildlife nurse sites? e. Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? Comments: Riverside County adopted the Western Riverside County Multi-Species Habitat Conservation Plan (MSHCP) on June 17, 2003. The USFWS Biological Opinion in favor of adopting the MSHCP was released on June 22, 2004. The City of Temecula is a signatory to the MSHCP, and therefore, the project is required to comply with the MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures. Section 6.1.6 details the County and Cities Obligations and corresponds with Section 13.2 of the Biological Opinion issued by the US Fish and Wildlife Service (USFWS). The program requires the City to undertake the following steps that the City to insure compliance with the requirements of the MSHCP. Payment of local development mitigation fees and other relevant fees (Section 8.5); • Comply with the HANS processor equivalent process to satisfy local acquisition obligation; • Comply with the survey requirements (Section 6.3.2); Comply with the policies of the Riparian/Riverine Areas and Vernal Pools (Section 6.1.2); • Comply with the policies of the Protection of Narrow Endemic Plant Species (Section 6.1.3); • Comply with the policies of the Urban/Wildlands Interface (Section 6.1.4); and • Comply with the Best Management Practices (Section 7.0; Appendix C) G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 4.a. f. Less than Significant Impact: An MSHCP Compliance Report and Burrowing Owl Habitat Assessment completed by Principe and Associates on October 31, 2006. The Report determined that 2.42 acres of the parcels of land are located within Cell #7166 and 8.09 acres locates within Cell #7264 of an Independent Cell Group within the Murrieta Creek Sub Unit (SU1) of the Southwest Area Plan. The site is located within the south central portion of the Cell #7166 and was previously developed as an apartment complex. The project site has no relationship to the assembly of Proposed Constrained Linkage 13 (Murrieta Creek) and Proposed Linkage 10 (upland connection from Existing Core F (Santa Margarita Ecological Reserve in the south)). Riparian and/or upland vegetation and habitat are not present on the site. The southwestern portion of Cell #7166 is the only undeveloped portion of the Cell. Existing developments in the northeast, northwest and southwest portions of this Cell have been purposely omitted from MSHCP Conservation Criteria. The study was routed and reviewed by the Western Riverside County Regional Conservation Authority (RCA). The RCA concluded that the project is consistent with both the criteria and other MSHCP Plan requirements, and no additional studies are required. The RCA also concluded that: • The proposed project is within Criteria Cells 7264 and 7166 of the MSHCP Plan Area; however, based on the findings in the MSHCP Compliance Report and Burrowing Owl Habitat Assessment for this project, and the Regional Conservation Authority Joint Project Review for the above mentioned reports, no additional studies are required. • The conditions found on page 3-4 of the Regional Conservation Authority Joint Project Review report shall be complied with for this project. The proposed project will not have a substantial adverse effect, either directly or through habitat modifications on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, therefore less than significant impacts are expected. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 4.b-d. Less than Significant Impact: On October 31, 2006 regulatory specialists of Principe and Associates examined the project site to determine the limits of Army Corps of Engineers jurisdiction pursuant to Section 404 of the Clean Water Act, and DFG jurisdiction pursuant to Division 2.Chapter 6, Section 1600 of the Fish and Game Code. Natural watercourses are not present on the site. Therefore, the site does not coincide with U.S. Army Corps of Engineers and California Department of Fish and Game jurisdictional waters and streambeds. A small drainage ditch has developed through the western portion of the site at the downstream end of a culvert placed beneath a dirt access road constructed offsite to the west. It does not however qualify as jurisdictional. According to the habitat assessment, some random riparian vegetation does occur on the project site near the Temecula Creek. This portion of the site will be permanently preserved as open space. Since no Corps jurisdictional waters exist onsite and no impact will occur, no Corps Section 404 Permit is required for the project. In addition, a CDFG jurisdictional intermittent stream is located near the Temecula Creek. Since no CDFG jurisdictional waters exists on site and no impact will occur, no CDFG Section 1602 Agreement is required for this project. Therefore, development of the proposed project will not adversely impact such resources. Also, other kinds of aquatic features are not present on this site (i.e. vernal pools or swales, vernal pool-like ephemeral ponds, stock ponds or other human-modified depressions, etc.). Therefore, the biological functions and values of vernal pools do not exist on this site. The protection of associated amphibian, bird, fish, invertebrate-crustacean, and plant species is not then required. The project site has no indirect or direct relationships to existing wetland regulations. The MSHCP notes that the treatment of edge conditions is necessary to maintain the proper habitat and movement functions of the linkage. However, the configuration and size of the proposed conservation area is consistent with the Reserve Assembly objectives for this area because the project is locates in the north central portion of Cell # 7264 and MSHCP Conservation is intended to focus on the western and eastern edges of the cell. Additionally, the project site is located in the south central portion of Cell # 7166 and MSHCP Conservation is intended to focus on the southwestern corner of the cell. Therefore, the proposed project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, therefore less than significant impacts are expected. 4.e. Less than significant Impact: There are non-native tree species on the site that may require acquisition of a permit for removal. The developer is required to obtain such a permit and no mitigation is required to ensure that the permit will be obtained prior to removal of any trees on the property. G\Planning\2007\PA07-0229 Pujol Streel Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 9 5. CULTURAL RESOURCES. Would the project: Potentially Potentally Significant Unless Less Than Signifcant Mitigation Significant No Issues and Su ortin Information Sources Im act Inco orated Im act Im act a. Cause a substantial adverse change in the significance of X a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of X an archaeolo ical resource ursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or uni ue eolo is feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Comments: 5.a.-d. Potentially Significant unless Mitigation Incorporated: The City of Temecula General Plan identifies the project site as a potential sensitive archaeological resource area and area of high paleontological sensitivity (Figure 5-6 and 5-7, respectively). The applicant submitted a "Phase 1 Cultural Resources Assessment" for the project, dated November 2007, which reviewed and summarized previous cultural resources investigations for the project area. The assessment commenced with a review of maps, site records, and reports at the California Archaeological Inventory and California Historical Resources Information System/Eastern Information Center at the University of California, Riverside. Then a field survey was conducted. Because the site previously was developed with an existing apartment complex, which was demolished in late summer of 2007, virtually no native vegetation remains within the boundaries of the subject property. The subject property is situated within awell-studied area, with 20 cultural resource surveys having been conducted within aone-half mile radius. During the course, field surveys conducted for these studies, two archaeological sites of prehistoric origin and 39 sites were recorded. Reported cultural resources were limited to groundstone tools and debitage. The literature found no direct references to the subject property. Cultural resources of either prehistoric or historical origin were not observed within the site boundaries. However, Figure 5-7 of the City's General Plan includes the eastern portion of the site as a paleontological area of high sensitivity. Due to the potential for such resources to occur on the property, the following mitigation measures will be implemented: 1. If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources. If discovered resources merit long-term consideration, adequate funding will be provided to collect, curate and report these resources in accordance with standard archaeological management requirements. The Pechanga Band of Luiseno Indians shall be contacted to develop a management plan for any resources that may be unearthed, to afford the Band an opportunity to monitor ground-disturbing activities and to participate in the decisions regarding collection and curation of any such resources. Pechanga monitors shall be present during any grading of previously undisturbed areas, regardless of grading depth. The applicant shall enter into an agreement with the Pechanga Band of Luiseno Indians to this end prior to issuance of a grading permit. G:\Planning\20071PA07-0229 Pujol Street Apts Multi Family\PlanninglCEDA INITIAL STUDY - 2005.doc 10 2. Any import and spreading activities that result in excavation below the original ground surface shall be monitored by a qualified paleontological monitor. The monitor will have the authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the site. If significant resources are encountered, adequate funding will be provided by the developer to collect, curate and report on these resources and a final report of findings shall be prepared by the paleontologist for submission to the City of Temecula and any specimens will be deposited with the County Museum repository fossil collection. The report shall describe parcel geology/stratigraphy, summarize field and laboratory methods used, include a faunal list and an inventory of curated/catalogued fossil specimens, evaluate the scientific importance of the specimens and discuss the relationship of any newly recorded fossil site in the parcel to relevant fossil sites previously recorded from other areas. If resources are encountered, the report shall be submitted to the City within 60 days of the completion of the grading/monitoring of the site. 3. If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office will be contacted to manage such remains. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 11 6. GEOLOGY AND SOILS. Would the project: Potentially Potentially Signifcant Unless Less Than Significant Mitigation Signifcant No 155Ue5 and Su ortin Information Sources Im acl Into fated Im act Im act a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin i. The rupture of a known earthquake fault, as delineated X on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42. ii. Strop seismic round shakin ? X iii. Seismic-related round failure, includin li uefaction? X iv. Landslides? X b. Result in substantial soil erosion or the loss of to soil? X c. Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral s readin ,subsidence, li uefaction or colla se? d. Be located on expansive soil, as defined in Table 18-1-B X of the Uniform Building Code (1994), creating substantial risks to life or ro ert ? e. Have soils incapable of adequately supporting the use of X septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a.i-iii. Less than Significant Impacts: A Geotechnical Exploration Report completed by Professional Service Industries (PSI), Inc. dated August 29, 2007 was completed for the proposed project. Professional Service Industries conducted a review of the 2001 California Building Code Maps of Active Fault Near-Source Zones which determined that the nearest active fault is the Elsinore fault of the Temecula fault zone section, located approximately one-third to three miles from the site. The site is also located within CBC Seismic Zone 4. PSI's study determined that a maximum average earthquake recurrence interval of 1,500 years for the Elsinore fault zone is between 1655 and 1810 A.D. The site lies within a portion of the zone designated as the "potentially active" Willard fault zone that trends northwesterly toward Corona and southwesterly towards Julian. Two nearest fault strands within the Wildomar fault zone are located approximately 0.8 miles northeast and 1.1 miles north-northwest, respectively of the site. The site is not located within a currently established Alquist-Priolo earthquake study zone. A review of the City's Subsidence/Liquefaction Hazards in the General Plan (Figure 7-2) and the geotechnical report prepared by PSI indicate that the project site is located within a zone of potential subsidence or liquefaction. The report indicates that soils on the site are generally low in expansion potential. Groundwater was not encountered until the maximum depth of 51.5 feet. 6.a.iv. No Impact:: There is a low potential for earthquake induced landslides or rockfalls on the project site because the site is essentially flat and is not adjacent to a hill or ridge. As a result, no impacts or mitigation is required for landslides or rockfalls. G:\Planning12007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 12 6.b. Less than Significant Impact: The over-excavation and development of the project site will expose it to potential erosion and downstream sedimentation. The General Plan requires mitigation for projects to control erosion. Further, the state-wide NPDES program requires every project with ground disturbance greater than five acres to implement a Storm Water Pollution Prevention Plan (SWPPP) during project construction and operation. Best Management Practices (BMPs) are identified in the SWPPP to control erosion on a site and any sedimentation generated by disturbing the site for development.. Mitigation is required to control potential erosion and sedimentation. The following mitigation measure will be implemented: 1. The SWPPP prepared for this project will implement required BMPs . The required performance standard is to minimize erosion on the site in accordance with the County Drainage Area Management Plan (DAMP) and to contain 80% of eroded sediment on the project site. 6.c.d. Less than Significant Impact: Trash and undocumented fill occur on the site and are not considered suitable to provide structural support in their present condition. The PSI report indicates that undocumented fill and alluvium will be removed to a depth of at least three feet below existing or finished grade, whichever is deeper, to mitigate possible soil liquefaction and to reduce expected differential settlement to within generally acceptable levels. The City will require the following performance standard: 2. The Geotechnical survey for the site shall identify design management requirements to meet the following performance standard: Humans and structures shall be protected from hazards that would threaten human life and safety or the soundness of the structures for continuous habitation. 6.e. No Impact: The project site will be served by a sewer collection system owned by Eastern Municipal Water District. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY- 2005.doc 13 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Significanl Mitigation Significant No Issues antl Su rtin Information Sources Im act Incor o2ted Im act Im ct a. Create a significant hazard to the public or the X environment through the routine transportation, use, or dis osal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quartermile of an existin or ro osed school? d. Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workin in the ro'ect area? f. For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or workin in the ro'ect area? g. Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation Ian? h. Expose people or structures to a significant risk or loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a. Less than Significant Impact: The proposed project will use existing Pujol Street and First Street as the ingress and egress point. The proposed project does not propose the use or manufacture of hazardous materials or produce hazardous wastes to comply with existing Federal, State, and County Regulations. Therefore, there will be no significant hazard to the public or the environment from the routine transportation, use, or disposal of hazardous materials. 7.b. Less Than Significant Impact: The project proposes to construct apartments totaling 274 residential living areas. It is not anticipated that the project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, less than significant impacts are anticipated as a result of this project. 7.c. Less than Significant Impact: The proposed apartment development on the property does not include any activities or uses that would pose a potential health hazard to the local population. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 14 7.d. Less than Significant Impact: Review of available data (site appearance, USGS map, California Department of Toxic Substance Control's (DTSC) Hazardous Waste and Substances Site List (Cortese List), The Leaking Underground Storage Tank Information System (LUSTIS) and the US Environmental Protection Agency (EPA) Enviromapper indicates no past uses that may have involved hazardous materials. Based upon the available data and the historical land use, there is no evidence to support that hazardous wastes would be present on the site. Less than significant impacts are anticipated. 7.e.f. No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip according to Figure 5.9-4 in the Land Use Element of the General Plan. No impact upon airport uses will result from this proposal. 7.g. No Impact: The proposed project is not located in an area of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7.h. No Impact: The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. The project has been reviewed by the Fire Department and is consistent with life and safety regulations. No impact is anticipated as a result of this project. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 15 8. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Issues and Su ortin Information Sources Significant Im act Mitigation Incor orated Significant Im act No Impact a. Violate any water quality standards or waste discharge X requirements or otherwise substantially degrade water ualit ? b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which ermits have been ranted ? c. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in floodin on- or off-site? e. Create or contribute runoff water which would exceed the X capacity of existing or planned storm water drainage systems or provide substantial additional sources of olluted runoff? f. Require the preparation of a Water Quality Management X Plan? g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation ma ? h. Place within a 100-year flood hazard area structures which X would im ede or redirect flood flows? i. Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation b seiche, tsunami, or mudflow? X Comments: 8.a. Less than Significant Impact: The proposed project would permit development of 274 multi-family residential apartment units and associated infrastructure. This type of development typically generates domestic and/or municipal wastewater that does not require pretreatment or waste discharge requirements. No water quality standards are forecast to be violated by implementing the proposed project which will deliver its wastewater flows to the regional wastewater plant. Wastewater will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board- During construction and occupancy, BMPs will be implemented which will control storm water runoff pollution to a level of nonsignificance. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005-doc 16 8. b. Less than Significant Impact: Groundwater related problems are not expected to be encountered during site development. If shallow perched groundwater is encountered during construction, it can be managed with the use of sump pumps placed in the bottom of excavations which will be incorporated. The proposed project does not include any extraction of groundwater, so no adverse direct impact can result from implementing the proposed project. No significant impacts are anticipated. 8.c. Less than Significant Impact: Through the implementation of the project SWPPP, erosion and siltation issues are controlled to a less than significant impact level and this project will not result in substantial erosion or siltation on or off-site. Less than significant impacts are anticipated. 8.d.f. Less than Significant Impact: The proposed project would increase runoff as a result of increasing the impervious surface on the project site. The City imposes standard mitigation to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm-Sewer permit (MS4 permit) issued by the Regional Water Quality Control Board. 8.g.h. Less than Significant Impact: No buildings or structures will be located within the 100-year floodplain according to the City's General Plan as a result of implementing this project. No significant flood hazards are expected to occur from developing the project site as proposed. Less that significant impacts are anticipated. 8.i. Less than Significant Impact: The proposed project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. The subject property is not located within a dam inundation area per the City's General Plan. In addition, the City has implemented amulti-hazard functional plan pursuant to the California Emergency Services Act. The proposed project does not contain critical or essential facilities. Less than significant impacts are anticpated. 8.j. No Impact: Due to the project area's distance from the ocean and elevation, there is no potential for a tsunami. The project area is not located near a large surface water body therefore there is no potential for inundation by seiche or mudflow. No impacts are anticipated. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 17 9. LAND USE AND PLANNING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Su Odin Information Sources Significant Im act Mitigation Inco orated Significant Im act No Im act a. Ph sicall divide an established communit ? X b. Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or X natural community conservation plan? Comments: 9.a.b. Less than Significant Impact: The proposed development would not conflict with the General Plan designation or Zoning Ordinance. The proposed project would develop 274 apartment units on a site that housed 96 apartment units, and permits high density housing. The proposed development would not physically divide an established community. 9.c. Less than Significant Impact: The project will not conflict with any applicable conservation or natural community conservation plan. No jurisdictional drainage features or riparian/riverine habitat occur inside the project site. No vernal pools or fairy shrimp habitat were observed on the project site. Please refer to the Biological Section for a full discussion of this item and details of the mitigation measures required. G:\Planning\2007\PA07-0229 Pujol S[reet Apts Multi Family\Planning\CEQA INITIAL STUDY- 2005.doc 76 10. MINERAL RESOURCES. Would the project: Potentially Potentially Signifcant Unless Less Than Significant Mitgation Significant No Issues and Su nin Information Sources Im act Incur orated Im act Im act a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of alocally-important X mineral resource recovery site delineated on a local eneral Ian, s ecific plan or other land use plan? Comments: 10.a.b. No Impact: According to the California Geological Survey, no known mineral resources exist in Temecula. Development pursuant to the General Plan will not result in the loss of a known mineral resource. No impact is anticipated as a result of the proposed project. G:\Planning\2007\PA07-0229 Pujol Street Apls Multi Family\Planning\CEC1A INITIAL STUDY - 2005.doc 19 11. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Su onin Information Sources Im act Inco ratetl Im act Im act a. Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other a encies? b. Exposure of persons to or generation of excessive X roundborne vibration or roundborne noise levels? c. A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the ro'ect? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the ro'ect? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use- airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the ro'ect area to excessive noise levels? Comments: 11.a. Less than Significant Impact: The proposed project is not forecast to generate severe noise levels over the long-term. The project will create some noise levels over that currently emanating from the vacant land. However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Since this project does not involve any pile driving or other severe noise generating activities, this project is not forecast to generate severe noise levels that would impact the nearby residential noise receptors. In general, the trucks and earth-moving sources are noisiest with equipment noise ranging up to about 90 dBA at 50 feet from the source. Noise emissions tend to be more associated with periodic events under full load rather than continuous noise exposure. Spherically radiating point sources of noise emissions are atmospherically attenuated by a factor of 6 dB per doubling of distance, or about 20 dB in 500' of propagation. The loudest earth-moving noise sources will therefore sometimes be temporarily detectable above the local background beyond 1,000 feet from the noise source. An extensive noise impact envelope requires a clear line of sight from source to receiver. Any terrain, topography or structures between the source and receiver would limit line of sight. Construction noise impacts are therefore less than predicted under theoretical maximum input conditions. Construction noise sources are not strictly relatable to a noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours, and the nuisance factor accompanying such disturbance, usually leads to time limits on grading activity imposed as a condition on grading permits. The City of Temecula provides specific standards for preventing construction noise nuisance: 1. During construction, vehicle staging areas and placement shall be located as far as is practicable from existing residential dwellings. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.tloc 20 2. The property owner shall require that construction activities be limited to no more than the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction can occur outside of these hours or on Sunday or holidays except in the event of emergency. 3. The applicant shall establish a noise complaint response program and shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor site. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible. 4. The applicant will require that all construction equipment be operated with mandated noise control equipment (mufflers or silencers). Enforcement will be accomplished by random field inspections by applicant personnel during construction activities. Compliance with the above noise conditions of approval will ensure that construction noise impacts are controlled to a less than significant level. These measures are set as conditions on the project grading permits. Compliance with these criteria will preclude creation of a significant temporary noise impact during construction. 11.b. Less than Significant Impact: This project does not include any construction activities that would generate excessive groundborne vibration or groundborne noise. No potential exists for significant groundborne noise/vibration impacts associated with the proposed project. 11.c. Less than Significant Impact: This multi-family residential project does not contain onsite activities that would generate a substantial increase in noise levels. The site was previously developed with apartments and the current project meets all General Plan and zoning standards and densities. The proposed project will not have any significant impact to off-site noise levels along the project's adjacent roadways or other sensitive land uses in the area. 11.d. Less than Significant Impact with Mitigation: Temporary construction noise impacts vary because the noise strength of construction equipment ranges as a function of the equipment used and its activity level. Short-term construction noise impacts tend to occur in discreet phases dominated initially by earth-moving sources, then by foundation and parking area construction, and finally for finish construction. In general, earth-moving sources are noisiest with equipment noise ranging up to about 90 dBA at 50 feet from the source. Pile drivers, jack hammers and rock drills are also noisy, with the peak noise from a pile driver exceeding 100 dBA at 50 ft and jack hammers and rock drills exceeding 90 dBA. (For more specific information on construction equipment noise generation, please refer to the noise study in the technical appendices). Noise emissions tend to be more associated with periodic events under full load rather than continuous noise exposure. Short-term noise generation thus tends to be on the higher end of the ranges, while long-term exposure is at the quieter end of the noise spectrum. Spherically radiating point sources of noise emissions are atmospherically attenuated by a factor of 6 d6 per doubling of distance, or about 20 dB in 500' of propagation. The loudest earth-moving noise sources will therefore sometimes be temporarily detectable above the local background beyond 1,000 feet from the noise source. An extensive noise impact envelope requires a clear line of sight from source to receiver. Any terrain, topography or structures between the source and receiver would limit line of sight. Construction noise impacts are therefore Tess than predicted under theoretical maximum input conditions. G:1Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 21 Construction noise sources are not strictly relatable to a noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours, and the nuisance factor accompanying such disturbance, usually leads to time limits on grading activity imposed as a condition on grading permits. The City of Temecula provides specific standards for preventing construction noise nuisance: 5. During construction, vehicle staging areas shall be located as far as is practicable from existing residential dwellings. 6. The applicant shall require that construction activities be limited to no more than the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction can occur outside of these hours or on Sundays or holidays except in the event of emergency. 7. The applicant shall establish a noise complaint response program and shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor site. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible. 8. The applicant will require that all construction equipment be operated with mandated noise control equipment (mufflers or silencers). Enforcement will be accomplished by random field inspections by applicant personnel during construction activities. Compliance with the above time limits will ensure that construction noise impacts are controlled to a less than significant level. These time limits are set as conditions on the project grading permits. Compliance with these criteria will preclude creation of a significant temporary noise impact during construction. 11.e.f. No Impact: This project is not within two miles of a public airport or public or private use airport. According to Figure 5.10-4 of the French Valley Airport Future Noise Contours in the Noise Element of the General Plan, the project is not located in the noise impact area for the French Valley Airport. In addition, the project is not located in the French Valley Airport Land Use Compatibility Zone according to Figure 5.9-3 in the Land Use and Planning Element of the General Plan. Therefore, people working in the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\PlanninglCEQA INITIAL STUDY - 2005.doc 22 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Signifcant Unless Less Than Significant Mitigation Signifcant No Issues and Su ortin Information Sources Im act Inco rated Im ct Im act a. Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure ? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the X construction of re lacement housin elsewhere? Comments: 12.a. Less than Significant Impact: The proposed project is the construction and development of 274 residential apartment units on 13.7-acres for a total density of about 20 dwelling units per acre (du/acre). This density is consistent with the High Density (H) zone. In addition, these will be rental units, in which the City is in short supply of. Therefore, less than significant impacts are expected. 12.b.c. Less than Significant Impact: The project site is presently vacant land. The construction of 274 residential dwelling units is not considered an adverse impact under CEQA. No mitigation is required. G:\Planningl2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CE~A INITIAL STUDY - 2005.doc 23 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Potentially Significant Unless Less Than Signifcant Mitigation Significant No Issues and Su ortin Information Sources Im act Inca orated Im ad Im act a. Fire rotection? X b. Police rotection? X c. Schools? X d. Parks? X e. Other ublic facilities? X Comments: 13.a.-e. Less than Significant Impact: The proposed project is an infill development and all services are already available to the project site. The development of 274 residential apartment units will place a small increment of cumulative demand on the service systems (fire, police, schools, and parks). The proposed project will be required to pay development impact fees in addition to property taxes to cover other public facility or service demands. There is a mandatory requirement of the City to mitigate impact to public facilities. For park and recreation services, the City requires developers of residential projects greater than fifty dwelling units to dedicate land based upon five acres of usable parkland per one thousand residents or pay in lieu fees. The project includes playgrounds and recreational facilities. The City has the discretion to allow qualified recreational facilities to fulfill up to half of the Quimby acreage requirements. These fees are mandatory and no additional mitigation is required. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 24 14. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Signifcanl No Issues and Su ortin Information Sources Im act Incur rated Im act Im act a. Increase the use of existing neighborhood and regional X parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction X or expansion of recreational facilities which might have an adverse h sical effect on the environment? Comments: 14.a.-b. Less than Significant Impact: The proposed project includes recreation areas as part of the project including a swimming pool, club house, play areas, and common areas. As discussed in Section 11 Public Services, the City requires developers of residential projects greater than fifty dwelling units to dedicate land based upon five acres of usable parkland per one thousand residents or pay in lieu fees. The proposed project will be required to create or pay in lieu fees for parkland. Based on the inclusion of these recreational features as part of the proposed project, existing neighborhood park utilization is not forecast to increase significantly. The residents of the development are likely to increase demand for regional facilities, such as baseball diamonds, basketball courts, etc. However, these are managed facilities where the individual users are typically integrated into existing leagues and the cumulative demand for such facilities is not forecast to increase substantially from implementing the proposed project. Less than significant adverse impacts are expected from the result of this project. G:\Planning\20071PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 25 15. TRANSPORTATIONITRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Signifcant Mitigation Signifcant No Issues and Su rtin Information Sources Im act Incur orated Im act Im act a. Cause an increase in traffic which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or con estion at intersections ? b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion mans ement a enc for desi Hated roads or hi hwa s? c. Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safet risks? d. Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incom atible uses e. ., farm a ui ment ? e. Result in inade uate emer enc access? X f. Result in inade uate arkin ca acit ? X g. Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bic cle racks ? Comments: 15. a.-b. Less than Significant Impact: A Traffic Study Analysis completed by Urban Crossroads dated November 2006 was prepared for the project. The project proposes to develop 274 apartment units. There were 96 apartments existing onsite until they were recently demolished within the past year. The proposed project impact on the study area intersections is limited to the 178 additional units. To approximate the study area traffic conditions, project trips were added to the background growth (5°/a per year to account for approved concurrent cumulative development), which were then added to the existing traffic volumes to determine the 2008 with project traffic conditions. The total ambient growth rate is 10% for 2008. The proposed development is projected to generate approximately 1,196 trip ends per day with 91 vehicles per hour during the AM peak hour and 110 vehicles per hour during the PM peak hour. The Traffic Study Analysis concluded that the Level of Service (LOS) with and without the proposed development is projected to operate at a LOS "D" or better during peak hours. Therefore, less than significant impacts are anticipated for this project. 15.c. Less than Significant Impact: The proposed project would not result in a change in air traffic patterns, including an increase in traffic levels or change in location that results in substantial safety risks. The site is located more than ten miles from the nearest airport (French Valley Airport) and will not develop any physically intrusive structures, lighting, or uses that would affect the safety of air traffic patterns. The project will meet all City development code requirements therefore, less than significant impacts are expected. 15.d. Less than Significant Impact: The City of Temecula Public Works Department has reviewed the project and determined that the project will be conditioned to install and improve some of the surrounding streets. Implementation of these conditions will ensure that no residual traffic hazards result from the construction of the roadways in conjunction with the proposed project. Therefore, the development of the project will not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses and less than significant impacts are anticipated. G:\Planning\2007\PA07-0229 Pujol Slreet Apts Multi FamilylPlanning\CEQA INITIAL STUDY - 2005.doc 26 15.e. Less than Significant Impact: A review of the proposed Development Plan indicates that emergency access is provided to the proposed project by three entrances, of which two are located off of Pujol Street and the third is located off First Street. The proposed project will have no affect on emergency access to adjacent parcels. 15.f. Less than Significant Impact: The City's development code requires that one bedroom units are provided one covered and Yz uncovered space per unit. Two bedroom units are required to provide one covered and one uncovered space per unit. Three bedroom units are required to provide two covered, uncovered, and one guest space per every six units. The project will provide a total of 311 covered spaces, 255 uncovered spaces, and six guest spaces for a total of 572 parking spaces. The project not only meets but exceeds the City's parking requirements. No adverse parking capacity impacts are forecast to occur. No mitigation is required and less than significant impacts are expected. 15.g. No Impact: The City of Temecula mass transit is provided by the Riverside Transit Authority (RTA). The project will be required to be designed consistent with adopted policies, plans, or programs supporting this alternative transportation. No conflict or adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project. No impact is anticipated as a result of this project. G:\Planning\2007\PA07-0229 Pujol Streel Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 27 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Su rtin Information Sources Im act Incor orated Im act Im act a. Exceed wastewater treatment requirements of the X a licable Re Tonal Water Qualit Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or ex anded entitlements needed? e. Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to X accommodate the ro~ect's solid waste dis osal needs? g. Comply with federal, state, and local statutes and X re ulations related to solid waste? Comments: 16.a.-b. Less than Significant Impact: The proposed project will deliver wastewater to the Eastern Municipal Water District (EMWD) wastewater treatment plant in Temecula. EMWD is in the process of improving sewer capacity to be able to convey the expected peak flows at full development of the areas it services. Flows from the project would be conveyed to the Temecula Valley Plant, which is rated for processing 12.0 millions of gallons per day (MGD) and is in the process of designing an expansion to process 16.0 MGD. EMWD literature indicates that 235 gallons of wastewater are produced by a typical residential household. EMWD has a policy of Financial Participation Charges wherein new users buy into the existing infrastructure and pay for the additional infrastructure requirements. Through the payment of annexation fees, sewer connection fees, development impact fees (for water facilities) and meter installation fees, the impact of implementing the proposed project on sewage systems is forecast to be less than significant. Adequate capacity exists in each system for this project to be implemented without causing significant adverse impacts to these systems. Other than mandatory fees and installation of onsite and connecting utility infrastructure, no mitigation is required. 16.c. Less than Significant Impact: The proposed project would increase runoff as a result of increasing the impervious surface on the project site. The City imposes standard mitigation to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. Based upon the information presented above, the project will not result in the need for construction of new storm water drainage facilities other than those discussed above and analyzed as part of the project. No mitigation is required. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 28 16.d. Less than Significant Impact: Adequate water supplies have been identified by the Rancho California Water District to meet the current and immediate future demands in its service area, including the proposed project. This analysis and related findings are contained in the District's Urban Water Master Plan. Therefore, a less than significant impact is expected. 16.e. Less than Significant Impact: Adequate wastewater treatment capacity has been identified by the EMWD to meet the current and immediate future demands in its service area, including the proposed project. 16.f. No Impact: According to the General Plan and the County Solid Waste Management Plan adequate landfill disposal capacity exists within the regional landfills to meet current and future demands. Solid waste mitigation measures identified in the General Plan EIR must be implemented by all projects in the City to meet the City's source reduction requirements. 16.g. Less than Significant Impact: By participating in the City's source reduction and recycling element, the proposed project will comply with all statutes and regulations for management of solid waste. The proposed commercial and residential project does not pose any significant or unique management requirements. Regarding energy supplies to the project and region, the proposed project will generate demand for utility system capacity and have a potential to contribute to potentially significant cumulative demand impacts on energy. The City of Temecula's General Plan identified adequate capacity for energy systems. Since this document was adopted electric and natural gas utilities have been deregulated and short-term shortages in electricity and natural gas were experienced during 2001. Since 2001, new electrical generation and natural gas production came on line and began operating combined with the economic slow down decreased demand for these resources and resulted in surpluses. The City has adopted building codes that require implementation of energy conservation measures for new development. Implementation of these design and construction standards are considered adequate compliance with energy conservation goals and policies. The additional energy demand resulting from the project is considered a less than significant impact and consistent with forecast regional demand for electricity from the build-out of the City. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 29 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No 155ue5 and Su ortin Information Sources Im act Inco orated Im aCl Im act a. Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo or rehisto ? b. Does the project have impacts that are individually X limited, but cumulatively considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ro~ects, and the effects of robable future ro~ects ? c. Does the project have environmental effects which will X cause substantial adverse effects on human beings, either direct) or indirect) ? Comments: 17.a.-c. Less than Significant Impact: The proposed project is the construction and development of 274 residential apartment units on 13.7 acres. This project will provide essential rental housing for the City of Temecula if it is approved for development. Potential impacts include short-term construction effects and the long-term effects that result from converting a property from its existing disturbed, pastoral setting to a residential neighborhood. Most of the potential adverse impacts are either not significant without mitigation or they can be controlled to a less than significant impact with identified mitigation measures. With the identified mitigation required to be implemented, the proposed project is not forecast to cause any significant adverse environmental impacts to any of the environmental resource issues addressed in this Initial Study. The City of Temecula proposes to issue a Negative Declaration with mitigation as the appropriate environmental determination for this project to comply with the California Environmental Quality Act. The City will issue a Notice of Intent to Adopt a Negative Declaration and distribute this document for public review through the State Clearinghouse. Assuming potential project impacts remain less than significant after receipt of comments and development of responses, the City will consider adopting the Negative Declaration prior to issuance of any of the entitlements for this project to be developed on the project site. G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 30 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier anal ses used. Identi earlier anal ses and state where the are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b miti ation measures based on the earlier anal sis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project, _ 18.a. There were no earlier analyses used in preparing this Initial Study. 18.b. There were no impacts that were previously addressed by mitigation measures based on an earlier analysis. 18.c. See attached Mitigation Monitoring Program. SOURCES 1. City of Temecula General Plan (April 2005) 2. City of Temecula General Plan Final Environmental Impact Report (April 2005) 3. Air Quality Analysis Report prepared by Urban Crossroads on November 30, 2006 4. Traffic Impact Study prepared by Urban Crossroads on November 2006 5. MSHCP Consistency Analysis prepared by Principe and Associates on November 2, 2006 6. Hydrology Report prepared by Alan J. Potok representing TCB Inc. in July 2007 7. Geotechnical Feasibility Study prepared by EnGen Corporation on April 25, 2006 G:\Planning\2007\PA07-0229 Pujol Slreet Apts Multi Family\Planning\CEQA INITIAL STUDY - 2005.doc 37 ATTACHMENT NO. 5 MITIGATION MONITORING PLAN G:\Planning\2007\PA07-0229 Pujol Street Apts Mulii Family\Planning\PC STAFF REPORT.doc 11 Mitigation Monitoring Program Temecula Villas Planning Application No. PA07-0229 AIR QUALITY General Impact: The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people working in the nearby area. Mitigation Measures: Adhere to best management practices which include the application of water on disturbed soil three times per day, covering haul vehicles, replanting disturbed areas as soon as practical and restricting vehicle speeds on unpaved roads to 15 mph or less, to control fugitive dust. During construction activities, construction equipment shall be properly maintained to ensure proper timing and tuning of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction activity. During construction activities, contractor shall ensure that all equipment on-site will not idle for more than five minutes. Where feasible contractor shall utilize Zero-VOC paints (assumes no more than 150 gram/liter of VOC) Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Planning Department CULTURAL RESOURCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources. If discovered resources merit long-term consideration, adequate funding will be provided to collect, curate and report these resources in accordance with standard archaeological management requirements. The G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\PlanninglMitigation Monitoring Program.docl Pechanga Band of Luiseno Indians shall be contacted to develop a management plan for any resources that may be unearthed, to afford the Band an opportunity to monitor ground-disturbing activities and to participate in the decisions regarding collection and curation of any such resources. Specific Process: Mitigation Milestone: Responsible Monitoring Party: GEOLOGY AND SOILS If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office will be contacted to manage such remains. Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. Prior to issuance of a grading permit. Planning and Public Works Departments General Impact: Directly or indirectly exposing people or structures to potential substantial adverse effects relating to the geologic and soil conditions of the site. Mitigation Measure: The SWPPP prepared for this project will implement required BMPs . The required performance standard is to minimize erosion on the site in accordance with the County Drainage Area Management Plan (DAMP) and to contain 80% of eroded sediment on the project site. The Geotechnical survey for the site shall identify design management requirements to meet the following performance standard: Humans and structures shall be protected from hazards that would threaten human life and safety or the soundness of the structures for continuous habitation. Specific Process: Public Works staff will verify compliance with the above mitigation measure as part of the grading plan check review process. Mitigation Milestone: Responsible Monitoring Party: Prior to issuance of a grading permit. Public Works Department G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planning\Mitigation Monitoring Program.doc2 ATTACHMENT NO. 6 NOTICE OF PUBLIC HEARING G:\Planning\2007\PA07-0229 Pujol Street Apts Multi Family\Planninq\PC STAFF REPORT.doc 12 Notice of Public Hearing Case No: Applicant: Location: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. 07-0229, Temecula Villas Dell Toelkes representing DMC Temecula Villa, L.P. Southwest intersection of Pujol Street and First Street within the City of Temecula Proposal: The project proposes to construct 274 apartment units located within 16 buildings on 13.7 acres with an associated clubhouse, storage rooms, detached garages, carports, and tot lots Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan and as a result, a Mitigated Negative Declaration will be issued in compliance with CEQA Case Planner: Christine Damko, Associate Planner Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: March 5, 2008 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. C:\Planning\2007\PA07-0229 Pujol S[reet Apis Mul[i Family\Planning\NOPH-PC doc