HomeMy WebLinkAbout08_007 DH ResolutionDH RESOLUTION NO. 08-007
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0124 A CONDITIONAL USE
PERMIT TO AUTHORIZE A TYPE-47 ABC LICENSE
WHICH WOULD ALLOW FOR THE SALE OF BEER, WINE
AND DISTILLED SPIRITS FOR CONSUMPTION ON THE
PREMISES AT 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. PA07-0124, a 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 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. PA07-0124
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0124 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. PA07-0124 hereby makes the following findings as required by
Section 17.040.010. (E) (Conditional Use Permit) of the Temecula Municipal Code;
Development Code Section 17.040.010 (E) -Conditional Use Permit
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposal for the restaurant to serve beer, wine and distilled spirits on the
premises requires a Conditional Use Permit in the Community Commercial
zoning district. The project, as conditioned is consistent with the General Plan
land use designation which anticipated restaurant uses in the Community
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Commercial (CC) designation. The proposed conditional use meets the
minimum 500-foot minimum sensitive use buffer that is required by the
Development Code and the proposed use is compatible with the surrounding
uses, which include other restaurant uses that also serve beer, wine and distilled
spirits.
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 in the vicinity of the project site, and the proposed
use, as conditioned, will not adversely affect the adjacent uses, buildings, or
structures. The conditional use is consistent with the City's Development Code
and is compatible with other activities approved in the vicinity of the project site.
The proposed use is surrounded by existing retail and commercial uses, as well
as other restaurants that have been permitted to sell beer, wine and distilled
spirits.
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 adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, buffer areas, landscaping and
other development features that are required by the Development Code to
integrate the conditional use with other uses in the area. The proposed
restaurant will be constructed on a vacant pad within an existing shopping center.
The addition of the proposed use in the shopping center will not cause the
shopping center to be out of conformance with the development code
requirements. Adequate parking and landscaping will be provided and the
proposed use is anticipated to integrate into the area since the surrounding uses
include other retail and commercial uses, including restaurants serving beer,
wine and distilled spirits. The closest residential area is approximately 1, 500 feet
away. The project also meets the 500-foot sensitive uses buffer and it has been
determined that the project is not within 500-feet of any sensitive uses that may
otherwise be impacted by this conditional use.
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 project, as conditioned, will ensure
that the use will not adversely affect the surrounding uses, and will not negatively
impact the public health safety or welfare of the community. The project is
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consistent with the goals and policies contained within the General Plan. The
proposed use is consistent with all Development Code requirements.
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 Conditional Use Pemit 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 original 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
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 Conditional Use Permit with the Development
Plan for Ruby Tuesday 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 Conditional Use Permit with a Development Plan
application for Ruby Tuesday, 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. PA07-0124, a Conditional Use Permit to
authorize aType-47 ABC license which would allow for the sale of beer, wine and
distilled spirits for consumption on the premises at Ruby Tuesday restaurant located in
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the Creekside Centre shopping center, generally located south of Overland Drive an
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 271h day of March 2008.
~GJ/.!/
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that DH Resolution No. 08-007 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. n ~
Cy~ia Laric~, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
5 =[9-u~
-! -a8"
Le Comte
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Jeff Howie, representing RT Restaurant So Cal, LLC understand that Planning
Application No. PA07-0124 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.
08-007 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.
~~Z~~y
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0124
Project Description: A Conditional Use Permit toauthorize aType-47 (on sale
general) ABC License which would allow for the service
of beer, wine and distilled spirits to be served for
consumption on the premises of 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:
921-810-025
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.
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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, offcers, 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 April 24, 2007, on file
with the Planning Department, unless superseded by these Conditions of Approval.
5. The regular hours of operations shall be 10 a.m. to 11 p.m. Monday through Sunday.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
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 hereunderfor any violations
of the conditions imposed on such Conditional Use Permit or for the maintenance of any
nuisance condition or other code violation thereon.
8. The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
9. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
10. If commencement of the use has not occurred within two years of approval of this permit,
the permittee may file an application at lest thirty days prior to expiration of the conditional
use permit, apply for up to 3 one-year extensions of time. Each extension of time shall be
granted in one-year increments only.
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11. 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.
12. 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).
13. Prior to the commencement of the use the permittee shall complete an Alcohol Review
Board review with the City of Temecula Crime Prevention Bureau.
14. 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.
15. 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.
16. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
17. 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.
18. The development of the premises shall substantially conform to the approved site plan and
elevations for PAO7-0123 contained on file with the Planning Department.
19. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Police Department
20. Permittee/Applicant shall ensure all landscaping surrounding all buildings are kept at a
height of no more than three feet or below the ground floorwindowsills. Plants, hedges and
shrubbery should be defensible plants to deter would-be intruders from breaking into the
buildings utilizing lower level windows.
21. Applicant shall ensure all trees surrounding all building roof tops be kept at a distance so as
to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune
tree branches with at least a six feet clearance from the buildings.
22. Any berms should not exceed three feet in height.
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23. The placement of all landscaping should be in compliance with guidelines from Crime
Prevention through Environmental Design (CPTED) (See Condition item #34 below).
24. All parking lot lighting surrounding the complex should be energy-saving and minimized
after hours of darkness and in compliance with the State of California Lighting Ordinance,
California Government Code 8565. Furthermore, recommend all exterior lighting be in
compliance with Mt. Palomar Lighting Ordinance 665 requiring low-pressure sodium
lighting.
25. Recommend all exterior doors have their own vandal resistant fixtures installed above each
door. The doors should be illuminated with a minimum one-foot candle illumination at
ground level, evenly dispersed.
26. All exterior night lighting should be wall mount light fixtures to provide sufficient lighting
during hours of darkness and to prevent problems on the premises.
27. The Governors Order to address the power crisis became effective March 18, 2001. This
bill calls for a substantial reduction from businesses to cut usage during non-business
hours. The order, in part, states: "All California retail establishments, including but not
limited to shopping centers, auto malls and dealerships, shall substantially reduce maximum
outdoor lighting capability during non-business hours except as necessary for the health
and safety of the public, employees or property."
a. "Failure to comply with this order following a warning by law enforcement officials
shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in
accordance with section 8565 of the California Government Code."
28. Recommend all doors, windows, locking mechanisms, hinges, and other miscellaneous
hardware is commercial or institution grade.
29. Any graffiti painted or marked upon the buildings should be removed or painted over within
24 hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch
center (951) 696-HELP.
30. Upon completion of construction, the buildings shall have a monitored alarm system
installed and monitored 24 hours a day by a designated private alarm company, to notify the
Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses
located within a specific building should have their own alarm system. This condition is void
if business is opened 24/7.
31. All roof hatches should be painted "International Orange."
32. Any public telephones located on the exterior of the buildings should be placed in a well-
lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This
feature is not required for public telephones installed within the interior of the buildings.
33. All disabled parking stalls on the premises shall be marked in accordance with section
22511.8 of the California Vehicle Code.
34. The Crime-Free Multi-Housing Program is available to all businesses. Both the Police and
Fire department are involved in this program. Furthermore, the definition of Crime
Prevention through Environmental Design (CPTED) as developed by the National Crime
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Prevention Institute (NCPI) at the University of Louisville as "the proper design and effective
use of the built environment can lead to reduction in the fear and incidence of crime, and an
improvement in the quality of life." The primary nine CPTED strategies are:
a. Provide clear border definition of controlled space. Examples of border definition
may include fences, shrubbery of signs in exterior areas. Within a building, the
arrangement of furniture and color definition can serve as means of identifying
controlled space.
b. Provide clearly marked transitional zones. Persons need to be able to identify when
they are moving from public to semi-public to private space.
c. Relocation of gathering areas. Gathering areas or congregating areas need to be
located or designated in locations where there is good surveillance and access
control.
d. Place safe activities in unsafe locations. Safe activities attract normal users to a
location and subsequently render the location less attractive to abnormal users due
to observation and possible intervention.
e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural
surveillance or controlled access will help overcome risk and make the users of the
areas feel safer.
Redesign the use of space to provide natural barriers. Separate activities that may
conflict with each other (outdoor basketball court and children's play area, for
example) by distance, natural terrain or other functions to avoid such conflict.
Improve scheduling of space. The timing in the use of space can reduce the risk for
normal users and cause abnormal users to be of greater risk of surveillance and
intervention.
Redesign space to increase the perception of natural surveillance. Abnormal users
need to be aware of the risk of detection and possible intervention. Windows and
clear lines-of-sight serve to provide such a perception of surveillance.
Overcome distance and isolation, This strategy may be accomplished through
improved communications (portable two-way radios, for example) and design
efficiencies, such as the location of restrooms in a public building.
35. Crime Prevention:
a. All retailing businesses shall contact the California Retailers Association for their
booklet on the California Retail Theft Law at: California Retailers Association 1127-
11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code
490.5 affords merchants the opportunity to recover their losses through a civil
demand program.
b. Business desiring a business security survey of their location can contact the Crime
Prevention and Plans Unit of the Temecula Police Department.
c. Employee training regarding retail theft, credit card prevention, citizen's arrest
procedures, personal safety, business security, shoplifting or any other related crime
prevention training procedures is also available through the crime prevention unit.
36. Any business that serves or sell any type of alcoholic beverages will comply with all
guidelines within the Business and Profession Codes and all other guidelines associated
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with the State Department of Alcohol Beverage Control. Contact the Temecula Police
Department for inspections and training for both employees and owners. This includes
special events held at business location where alcohol will be serviced for a fee and the
event is open to the general public.
37. The Temecula Police Department affords all retailers the opportunity to participate in the
"Inkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers
can take a thumbprint of every customer using a personal check to pay for services. A
decal is also posted on the front entry of the business-advising customers of the "Inkless Ink
program in use". If the business becomes a victim of check fraud, the police department will
be able to track the suspect with the thumbprint.
38. Applicant has applied for a Type 47 (On-Sales General- Eating Place) through the Riverside
District Office of Alcohol Beverage Control. Authorizes the sale of beer, wine and distilled
spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for
consumption on the licensed premises. Must operate and maintain the licensed premises
as a bona fide eating place. Licensee must make actual and substantial sales of meals,
during the normal meal hours that they are open, at least five days a week. Normal
mealtimes are 6:00 a.m.-9:00 a.m., 11:00 a.m.-2:00 p.m., and 6:00 p.m.-9:00 p.m.
Premises that are not open five days a week must serve meals on the days they are open.
Minors are allowed on the premises.
39. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code
Series).
40. Identification will be verified utilizing one of the following:
a. A California driver's license
b. A valid California identification card
c. A valid military identification card (active, reserve, retired, and dependent)
d. A valid driver's license from any of the fifty States or Territories of the United States
e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, County or
City agency
41. As noted above, only a valid government issued identification card issued by a Federal,
State, county or City agency is acceptable, providing it complies with the below
requirements (25660 Business and Profession Code):
a. Name of person
b. Date of birth
c. Physical description
d. Photograph
e. Currently valid (not expired)
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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 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 isnot 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."
PRIOR TO ISSUANCE OF BUILDING PERMIT
Planning Department
45. 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.
46. A construction staging area plan for construction equipment and trash shall be approved by
the Director of Planning prior to issuance of a building permit.
47. All downspouts shall be internalized.
48. 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:
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a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five-foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection".
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One copy of the approved grading plan.
f. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
g. Total cost estimate of plantings and irrigation (in accordance with approved plan).
h. The locations of all existing trees that will be saved consistent with the tentative
map.
i. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two hours without loss of pressure.
The second inspection will verify that all irrigation systems have head-to-head
coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
49. 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.
50. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, hardscape/paving to match the style of the building
subject to the approval of the Planning Director.
51. Building plans shall indicate that all roof hatches shall be painted "International Orange"
52. The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall
be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
Planning Department
53. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of the adjacent residences and public right-of-ways. If upon final inspection it is
determined that any mechanical equipment, roof equipment or backs of building parapet
walls are visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping file covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
54. 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.
55. 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.
56. 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."
57. 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.
58. 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.
59. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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60. All foregoing conditions for Planning Application PAO7-0123, a Development Plan for Ruby
Tuesday shall be complied with prior to occupancy or the use allowed by this permit.
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