HomeMy WebLinkAbout08_006 DH ResolutionDH RESOLUTION NO. 08-006
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0123 A DEVELOPMENT PLAN
TO CONSTRUCT A 5,660 SQUARE FOOT COMMERCIAL
BUILDING (RUBY TUESDAY RESTAURANT), LOCATED
IN THE CREEKSIDE CENTRE SHOPPING CENTER
GENERALLY LOCATED SOUTH OF OVERLAND DRIVE
AND WEST OF NICOLE LANE (APN 921-810-032)
Section 1. Procedural Findings. The Director of Planning of the City of
Temecula does hereby find, determine and declare that:
A. On April 24, 2007, Mr. Jeff Howie representing RT Restaurant So Cal,
LLC filed Planning Application No. PA07-0123, 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 Director of Planning, at a regular meeting, considered the Application
and environmental review on March 27, 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 Director's Hearing and after due consideration of
the testimony, the Director of Planning approved Planning Application No. PA07-0123
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0123 conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findings. The Director of Planning, in approving the
Planning Application No. PA07-0123 hereby makes the following findings as required by
Section 17.05.010.E (Development Plan) of the Temecula Municipal Code:
Development Code Section 17.05.010 (F) -Development Plans
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 use is a restaurant use which is consistent with the General Plan
land use designation of Community Commercial (CC). The City of Temecula
General Plan has listed restaurant uses as a typical use in the Community
Commercial designation. The project meets all of the Development Code design
and development requirements for the Community Commercial (CC) zoning
designation. The project meets all minimum parking requirements, landscape
requirements, setback requirements, and the architectural design of the building
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is consistent with the Citywide Design Guidelines. The project, as conditioned, is
consistent with all State laws and other requirements. The project is compatible
with all other surrounding uses and since the approval of the original
Development Plan for Creekside Centre a restaurant use has always been
anticipated to be constructed on the vacant pad on which Ruby Tuesday is
proposed to be located
B. The overall development of the land is designed for the protection of the
public health, safety and general welfare;
The Creekside Centre Development Plan was approved and constructed in a
manner to ensure the protection of the public health, safety and welfare. The
construction of a restaurant on the vacant pad located on the northernmost
portion of the project site was anticipated as a part of the original approval. 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 public health, safety, and welfare.
Section 3. Environmental Findings. The Director of Planning hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Plan application for Ruby Tuesday restaurant:
A. Pursuant to the California Environmental Quality Act ("CEQA"), the
Planning Director has considered the proposed Development Plan application for Ruby
Tuesday restaurant. The Planning Commission has previously reviewed and
considered the Negative Declaration prepared for the General Plan Amendment,
Specific Plan Amendment and Zone change for the parcels located on the south side of
Overland Drive and west of Nicole Lane, approved by the Council as Planning
Application Nos. PA01-0418, PA01-0509 and PA01-0510 on April 7, 2003, including the
impacts and mitigation measures identified therein, and the subsequent environmental
reviews required as mitigation measures identified therein. The Planning Commission
also previously reviewed and considered the addendum to a the previously adopted
Negative Declaration prepared for the Development Plan Creekside Centre shopping
center which consisted of two retail buildings totaling 26,470 square feet and two
restaurants totaling 10,000 square feet, generally located south of Overland Drive and
west of Nicole Lane, approved by Planning Commission as Planning Application No.
PA04-0525 on March 30, 2005, including the impacts and mitigation measures identified
therein, and the subsequent environmental reviews required as mitigation measures
identified therein. Based on that review, the Director of Planning finds that the proposed
Development Plan application does not require the preparation of a subsequent
Environmental Impact Report or Mitigated Negative Declaration as none of the
conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs.
15162) exist. Specifically, the Director of Planning also finds that the proposed
Development Plan does not involve significant new effects, does not change the
baseline environmental conditions, and does not represent new information of
substantial importance which shows that the Development Plan will have one or more
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significant effects not previously discussed in the Negative Declaration and in the
addendum to the previously adopted Negative Declaration. All potential environmental
impacts associated with the proposed Development Plan are adequately addressed by
the prior Negative Declaration and addendum to the previously approved Negative
Declaration, and the mitigation measures contained in the Mitigation Monitoring
Program will reduce those impacts to a level that is less than significant. A Notice of
Determination pursuant to Section 15162 of the CEQA Guidelines (14 Cal. Code Regs.
15162) is therefore the appropriate type of CEQA documentation for the Development
Plan application, and no additional environmental documentation or analysis is required.
Section 4. Conditions. The Director of Planning of the City of Temecula
hereby approves Planning Application No. PA07-0123, a Development Plan to construct
a 5,660 square foot commercial building (Ruby Tuesday restaurant), located in the
Creekside Centre shopping center generally located south of Overland Drive and west
of Nicole Lane 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 Director of Planning
of the City of Temecula this 27`h day of March 2008.
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that DH Resolution No. 08-006 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 27`h day of
March 2008. /~
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
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PERMITS PLUS
INITIALS:
PLANNER:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Jeff Howie, representing RT Restaurant So Cal, LLC understand that Planning
Application No. PA07-0123 has been approved with Conditions of Approval which are set
forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No.
08-006 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.
~/7 ~8
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0123
Project Description: A Development Plan to construct a 5,660 square foot
commercial building (Ruby Tuesday restaurant) located
in the Creekside Centre shopping center, generally
located south of Overland Drive and west of Nicole Lane
Assessor's Parcel No.
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
921-810-032
Commercial
Retail Commercial
Retail Commercial
March 27, 2008
March 27, 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 Mitigated or Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. If within said 48-
hourperiod 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
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
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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 furthercooperate
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.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
This approval shall be used within two years of the approval date; otherwise, it shall become
riull 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 building signage shall include an enhanced architectural background and/or an
enhanced lighting method that is complimentary to the building architecture and adds
interest to the signage, subject to the review and approval of the Director of Planning. The
installation of plain unenhanced internally illuminated channel letters shall not be permitted.
9. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
10. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction df 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.
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
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case the real party in interest may appeal, after payment of the regular cost of an appeal,
the decision to the Planning Commission for its decision.
Material Color
Stucco # 1 "Sandlewood" # 112 by Drivit
Stucco # 2 "Buckskin" #449 by Drivit
Cornice "Bright White" # 102 by Drivit
EI Dorado stone ledger Mountain Ledge "Buckskin"
Roof Black standing seam metal roof #02 Black by ATAS
Window framing Aluminum clad/wood painted "Ebony King" by
Benjamin Moore
Windows Clear glass
Fabric Awnings Jet Black by Sunbrella
Decorative Wrought iron "Ebony King" #2132-20 by Benjamin Moore
Ornamental Light Fixture Grande Manor by Sitescape
Gooseneck lighting Black RLM Shade by Sitescape
Wood Trellis Natural wood
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan. The trash enclosure shall be shown on the
construction drawings and include a wood trellis and incorporate the same colors, material
and EI Dorado stone as the main structure on-site.
14. All storm water treatments shall be screened to the satisfaction of the Director of Planning.
If revision are made to the conceptual WOMP and/or storm water treatment design that
result in changes to the conceptual landscape plans, the revisions will be shown on the
construction landscape plans, subject to the approval of the Director of Planning.
15. The aluma-wood shade structure shall be continuously maintained in a "like-new" condition
to the reasonable satisfaction of the Director of Planning. Any aesthetic flaws or
imperfections resulting directly of indirectly from weathering, vandalism, or any other
unforeseeable circumstance shall be remedied immediately.
16. Parking for the project shall be shared across the site, including parking spaces in all lots
that are a part of the project. If the project involves multiple lots, the applicant shall submit
to the Planning Department a copy of a recorded Reciprocal Use Agreement, which
provides for cross-lot access and parking across all lots.
17. If construction is phased, a construction staging area plan, or phasing plan for construction
equipment and trash shall be approved by the Director of Planning prior to issuance of a
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building permit. All related construction traffic shall be contained on-site during the
construction of this project (As amended at Director's Hearing on 3/27/08).
18. The development of the premises shall substantially conform to the approved plans
contained on file with the Planning Department for Planning Application No. PA07-0123.
19. Unless modified herein, the project shall be subject to the Conditions of Approval for
Planning Application No. PA04-0525 and PA07-0325.
Public Works Department
20. 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.
21. 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.
22. 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.
23. 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.
24. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
Building and Safety Department
25. 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.
26. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 forthe regulation of light pollution. All street-lights and otheroutdoor
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.
27. Obtain all building plans and permit approvals prior to the commencement of any
construction work.
28. Show all building setbacks.
29. Provide an approved automatic fire sprinkler system.
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30. All building 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. Show path of accessibility from parking to furthest point of improvement.
34. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
35. 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
36. 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), ahd related codes which are in
force at the time of building plan submittal.
37. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC 503.4).
38. 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).
Community Services Department
39. All existing planting and irrigation to be protected in place.
40. The applicant shall comply with the Public Art Ordinance.
41. The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
42. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
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43. All parkways, landscaping, fencing and on site lighting shall be maintained by the property
owner.
PRIOR TO ISSUANCE OF GRADING PERMITS
Planning Department
44. 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.
45. 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. The location of the double detector check valves shall be shown
on the grading plan.
46. 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 anarchaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
Public Works Department
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. 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
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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 make required
improvements, shall be provided by the Developer.
51. 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.
52. 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. -
53. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. Riverside County Flood Control and Water Conservation District
b. Planning Department
c. Department of Public Works
54. 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.
55. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
56. 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.
57. 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.
Fire Prevention Bureau
58. 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).
59. 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).
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60. 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).
61. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent (CFC
503.2.7 and City Ordinance 15.16.020 Section E).
PRIOR TO ISSUANCE OF BUILDING PERMIT
Planning Department
62. 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.
63. All downspouts shall be internalized.
64. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection".
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection".
e. One copy of the approved grading plan.
f. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
g. Total cost estimate of plantings and irrigation (in accordance with approved plan).
h. The locations of all existing trees that will be saved consistent with the tentative map
and previous Development Plan for Creekside Centre.
i. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
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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.
65. Per the original Conditions of Approval for PA04-0525, the approved landscape construction
drawings for Creekside Centre shall be revised to include enhanced landscaping, decorative
features and monumentation improvements at the southwest corner of Overland Drive and
Nicole Lane. The revisions shall be reviewed and approved by the Planning Director prior to
the issuance of building permits for the restaurant(s) located at the northeast corner of the
site.
66. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, and decorative hardscape/paving to match the style
of the building subject to the approval of the Planning Director.
67. Building plans shall indicate that all roof hatches shall be painted "International Orange".
68. 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
69. 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 overA.C.
paving.
b. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent td driveways to provide for minimum sight distance and visibility.
70. 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 Soif Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
71. 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.
72. 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
73. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
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74. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
75. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
76. Apre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
77. 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 or fire riser lines coming into the building. 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.
78. The fire sprinkler riser needs to be it's own separate room with exterior access. Risers shall
not be obstructed in any manner. The fire system riser is to be provided with eighteen (18)
inch clearance to each side and to the front of the system riser, access shall be provided by
means of a door with the minimum dimensions two (2) feet six (6) inches wide by six (6) feet
eight (8) inches tall from the exterior of the building directly to the riser as approved by the
Chief. The fire system riser room shall not share with any other equipment (i.e., mechanical,
electrical, etc.). The main fire alarm control panel shall also be placed in the riser room.
(Temecula City Ordinance 15.16.020 Section 510.2)
79. 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.
S0. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractorto the Fire Prevention Bureau.
The fire alarm system is required to have a dedicated circuit from the house panel.
Community Services Department
81. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
Planning Department
82. Per the original Conditions of Approval for PA04-0525, the enhanced landscaping,
decorative features and monumentation improvements at the southwest corner of Overland
Drive and Nicole Lane, and shall be fully installed prior to the issuance of final occupancy
for the restaurant(s).
G:1Planning\2007\PA07-0123 Ruby Tuesday's DP\Planning\FINAL COA's -DP.doc
12
83. 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.
84. 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.
85. 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.
86. 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 maybe
reclaimed by telephoning (951) 696-3000."
87. 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.
88. 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.
89. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
90. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
G:1Planning\2007\PA07-0123 Ruby Tuesday's DP\Planning\PINAL COA's -DP.doc
13
91. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
92. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention Bureau
93. Hydrant locations shall be identified by the installation of reflective markers (blue dots)(City
Ordinance 15.16.020 Section E).
94. 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 buildings shall have a minimum of twelve (12) inch numbers with suite numbers
being a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch
high letters and/or numbers on both the front and rear doors (CFC 505.1 and City
Ordinance 15.16.020 Section E).
95. 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).
96. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs (CFC 503.3).
97. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval.
OUTSIDE AGENCIES
98. Flood protection shall be provided in accordance with the Riverside County Flood Control
District's transmittal dated May 14, 2007, a copy of which is attached. The fee is made
payable to the Riverside County Flood Control Water District by either a cashier's check or
money order, prior to the issuance of a grading permit (unless deferred to a later date by the
District), based upon the prevailing area drainage plan fee.
99. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated April 27, 2007, a copy of which is
attached.
G:1Planning\2007\P,A07-0123 Ruby Tuesday's DP\Planning\FINAL COA's -DP.doc
14
100. The.applicant shall comply with the recommendations set forth in the Southern California
Gas Company transmittal dated July 5, 2007, a copy of which is attached.
101. The applicant shall comply with the recommendations set forth in the Eastern Information
Center transmittal dated May 3, 2007, a copy of which is attached.
G:\Planning\2007\PA07-0123 Ruby Tuesday's DP\Planning\FINAL COA's -DP.doc
15
WARREIyD. WILLIAMS
ieneral Manager-Chief Engineer
y`o`~04Wr rlooen
.' °~'
P
i ~
ti
~'~'rrnnoN~,S
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Planningg Department
Post OTfice Box 9033
Temecula, Califomia 92589-9033
Attention: ~'T'I ~ t/
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
951.788.9965 FAX
-':.r ~r i'v:: . $1180 ~ ~ •-.-
y =
F~~ P~lAY 16 2~0] .-
Gy
Ladies and Gentlemen: Re: r~ b1-ol L3
The District does not normally recommend conditions for land divisions or other land use cases in incorporated sties.
The Districl also does not plan check sty land use cases, or provide State Division of Real Estate letters or other flood
hazard reports for such cases. District cdmmeMslrecommendations for such cases are normally limited to items of
speafic interest to the District inducting District Master Drainage Plan faalities, other regional flood control and
drainagge faalities which could be considered a togitaal component or extension of a master plan system, and District
Area Orainage Plan fees (development mitigation fees). In addition, mfortnation of a general nature is provided.
The District has not reviewed the proposed project in detail and the following checked comments do not in any way
constitute or imply District approval or endorsement of the proposed project enth respect to flood hazarl, public health
and safety or any other such issue:
No comment.
~~ This project would not be impacted by Distdct Master Drainage Plan faalities nor are other facilities of
regional interest proposed.
This project involves District Master Plan facilities. The District will acceppt ownership of such faalities on
written request of the City. Faalities must be constructed to District standarcls, and District plan check and
inspection will be required for District acceptance. Plan check, inspection and administrative fees will be
required.
_ This project proposes channels, stone drains 36 inches or larger in diameter or other faalities that could be
considered regional rn nature andlor a Iogicel extension of the adopted
Master Drains a Plan. The District would consider acre ling ownership o su ata i es on en reques
of the City. Fatalities must be constructed to District standards, and District plan check and inspection veil be
required for District acceptance. Plan check, inspection and administrative fees will be required.
C~ ..This project is located within the limits of the District's I~WN~if-r- trt./..~F _Jp+l~yarea
Drainage Plan for which drainage fees have been ado ted; appfca ee e~oufd e~paid y ca-b~i s check
or money order only'to the Flood Control District or Ci ppnor to issuance of grading permits. Fees to be paid
should be at the rate in effect at the time of issuance o tf~e actual permit.
An enaoadlment permit shall be obtained for any consUuction related activities occurring within District right
of way or faalities. For further information, contact the District's encroachment permit section at
951.955.1266.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination S stem (NPDES) permit from the State Water
Resources Control Board. Clearance for.grading, recordation, or other final approval should not be given until the City
has determined that the project has been granted a permit or is showh to be exempt.
If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should
require the applicant to rovide all studies, calculations, plans and other information required to meet FEMA
requirements, and should further require that the applicant obtain a Conditional Letter of Mapp Revision (CLOMR) prior
to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy.
If a natural watercourse or mapped flood plain as imp~acted by this project, the City should require the applicant to
obtain a Section 1601/1603 Aggreement from the Califomia Department of Fish and Game and a Clean Water Ad
Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating
the project is exempt. from these requrements. A Clean Water Ad Section 401 Water Quality Certification may be
required from the local Califomia Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
Very truly yours,
ARTURC
Senior Civil Engineer
c: Riverside County Planning Department Date:, ~~
Attn: David Mares
p C JNTY OF RIVERSIDE • HEAI d SERVICES AGENCY p
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department
c% Katie Lecomte
PO BOX 9033
Temecula, CA 92589-9033
27 Apri12007
RE: PA07-0123
~~~~, u v r~~~
r~aY n z znn~
~y
Pl~rainp Dim
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0123 for the Creekside Centre Shopping Center project, under the applicant: Ruby's
Tuesday's.
The development plan application for 5,176 square foot restaurant building located on the
southeast corner of Overland Drive and Nicole Lane (APN 921-810-025) 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 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 ere . ,
Gregor Dellenbach, REHS
EHS071495
Local Enforcement Agency • BO. Box 1280, Riverside, CA 92502-1280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Sheet, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering • P.O. Box 1206, Riverside, CA 92502-1206 • (909) 955-8980 • FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501
Southern
California
Gas Company
A ~Sempra Lnergy company
July 5, 2007
Cjty of Temecula
Attn: Katie Lecomte
P.O. Box 9033
Temecula, Ca 92589-9033
Subject: PA 07-0123 -Utility Request
Creekside Shopping Center
Overland Drive 8~ Nlcole Lane
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o~cam~y
9400QrblaleAiriwe
OmDi+orlF, G
913!3
Mm7irgAddas.~
P.O. &x7300
91313-23CY1
M19314
!d 8/870/4N6
fay 8!870/ 344/
Southern California Gas Company, Transmission Department, has no
facilities within your proposed improvement and will not impact our
Transmission Lines. However, our Distribution department may have
some facilities within your construction area. To assure no conflict with the
local distribution's pipeline system, please contact (951) 335-7725.
Si cerely,
osaly S Tres
Trans is on Pipeline Planning Assistant
EASTERN INFORMATION CENTER
P:ALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM
Department of Anthropology, University of California, Riverside, CA 92521-0418
(951) 827-5745 -Fax (951) 827-5409 - eitkwC`tucr.edu
Inyo, Mono, and Riverside Counties
May 3, 2007
TO: Katie Lecomte
City of Temecula Planning Department
RE: Cukural Resource Review
Case: PA07-0123/DP/Ruby Tuesday's
Records at the Eastern Information Center of the California Historical Resources Information System have
been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
_ The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known
cultural resource(s). A Phase I study is recommended.
~ Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase
I study is recommended.
A Phase I cultural resource study (RI- )identified one or more cultural resources.
_ The project area contains, or has the possibility of containing, cultural resources. However, due to the nature
of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further
study is not recommended.
~ A Phase I cultural resource study (part of RI-261 Z) identified no cultural resources within the boundaries of the
project area.
There is a low probability of cultural resources. Further study is not recommended.
_ If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate
area while a qualified archaeologist evaluates the finds and makes recommendations.
Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a
professional archaeologist.
~ The submission of a cultural resource management report is recommended following guidelines for
Archaeological Resource Management Reports prepared by the California Office of Historic Preservation,
Preservation Planning Bulletin 4(a1, December 1989.
~ Phase I Records search and field survey
_ Phase II Testing (Evaluate resource significance; propose mitigation measures for "significant" sites.]
_ Phase 111 Mitigation [Data recovery by excavation, preservation in place, or a combination of the two.]
_ Phase IV Monitor earthmoving activities
COMMENTS: The project area was examined in anon-systematic manner. It is recommended
that the project area be surveyed systematically.
tf you have any questions, please contact us.
Eastern Information Center