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HomeMy WebLinkAbout102308 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 23, 20081:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER PUBLIC COMMENTS Debbie Ubnoske, Director of Planning A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state Your name and address Item No. 1 1:30 p.m. Project Number: PA08-0128, PA08-0222 Project Type: Development Plan and Minor Exception Project Title: Panera Bread Applicant: Dave Wakefield, Davcon Development Project Description: A Development Plan to construct a 4,862 square foot restaurant and a Minor Exception to reduce required parking spaces by four spaces Location: Southeast corner of Overland Drive and Nicole Lane Environmental Action: Exempt per CEQA Section 15332, Class 32 In -fill Development Project Planner: Katie Innes The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. P:\Planning\Directors-Hearing\2008\10-23-2008 Agenda.dw STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: October 23, 200& PREPARED BY: Katie Innes, Case Planner PROJECT Planning Application Nos. PA08-0128 and PA08-0222, a SUMMARY: Commercial Development Plan to construct a 4,862 square foot restaurant (Panera Bread and Bakery) in the Creekside Centre shopping center located on the southeast corner of Overland Drive and Nicole Lane; and a Minor Exception to allow for a reduction in the number of required parking spaces by four spaces RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In -fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Mr. Dave Wakefield General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: Lot Area: Community Commercial (CC) Community Commercial (CC) Vacant restaurant pad North: Existing retail uses: Costco Wholesale — Temecula Regional Center Specific Plan (SP-7) South: Existing parking structure: Abbott Vascular Parking Structure and East Campus — Light Industrial (LI) & Business Park (BP) East: Existing retail center: Margarita Crossing shopping center — Community Commercial (CC) West: Existing retail center: Overland Center shopping center — Community Commercial Total Floor Area/Ratio: Existing/Proposed 6.27 acres/216.691 sf 17 FAR Landscape Area/Coverage: 9,495 sf proposed (23%) Min/Max Allowable or Required N/A [c14Z13 Z 20% required G:\PLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 1 Parking Required/Provided: 180 spaces total 157 spaces required with 15% Minor Exception from code requirement of 184 spaces BACKGROUND SUMMARY The Development Plan for the construction of the Creekside Centre shopping center was approved by the Planning Commission on March 30, 2005. The approval of this project included two in -line retail buildings totaling 26,470 square feet. The approval also anticipated the future construction of 10,000 square feet of restaurant space to be constructed on two vacant pads within the shopping center. Ruby Tuesday Restaurant is currently under construction on one of the previously anticipated restaurant pads. The proposed 4,862 square foot Panera Bread Restaurant and Bakery is proposed to be constructed on the remaining undeveloped pad that was contemplated by the original approval for Creekside Centre. The Planning Application for Panera Bread Restaurant and Bakery was submitted on June 6, 2008. Staff completed the review of this application and held a Development Review Committee (DRC) meeting on July 3, 2008. A DRC letter summarizing staff's comments was sent out on July 8, 2008. Staff's comments included a discussion of general Site Plan corrections, architectural recommendations and parking. It was determined that a Minor Exception application would need to be submitted in order for the development to meet the Development Code's parking requirements. The Minor Exception application was submitted on September 25, 2008 and reviewed by staff for consistency with the Development Code requirements. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan Two in -line retail buildings currently exist on the southernmost portion of the site and house a variety of retail uses and a restaurant use. The previously approved 5,660 square foot Ruby Tuesday restaurant, which is proposed to be located on the pad adjacent to the proposed Panera Bread Restaurant, is currently under construction. The 4,862 square foot Panera Bread Restaurant is situated catty -corner to Ruby Tuesday restaurant within Creekside Centre, and is adjacent to Overland Center shopping center which is located to the west of the project site. The proposed restaurant will be constructed on the northernmost portion of the site and will be clearly visible to pedestrian and vehicular traffic from Overland Drive due to the raised elevation of the entire Creekside Centre site. The building is proposed to be setback from Overland Drive by approximately 25 feet. The visibility of the project from Nicole Lane will be slightly obstructed once Ruby Tuesday is completed. The proposed project meets all setback requirements for buildings constructed in the Community Commercial zoning district. Furthermore, the addition of Panera Bread to the Creekside Centre shopping center will not cause the Floor Area Ratio to exceed the target of 0.30 for the zone. The Floor Area Ratio including the existing retail uses, existing restaurant uses and Panera Bread is 0.17. G:\PLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 2 Access/Circulation Vehicular access to the proposed project will be taken from an existing 44-foot wide drive aisle from Nicole Lane. A reciprocal access easement has been recorded which ensures that the parking area will be shared between all of the tenants in the shopping center. At the time the original Development Plan for Creekside Centre was approved, the Fire Department determined that the on -site circulation and site layout is adequate for emergency apparatus and Fire Department vehicles. The Fire Department has provided Conditions of Approval for the Panera Bread development plan to ensure that all life safety requirements will continue to be met. Parking/Minor Exception Currently there are 178 standard parking spaces and five motorcycle spaces provided on -site. The five motorcycle spaces equate to two parking credits, bringing the total number of parking spaces provided to 180 spaces total. According to Development Code Section 17.24.040, when a restaurant is part of a shopping center, the Development Code allows for the first 15% of restaurant space within the shopping center to be calculated at one space/300 square feet of gross floor area; and any restaurant space that exceeds the first 15% is then parked at the ratio of one space/100 square feet of gross floor area. The Development Code parking requirements for a shopping center differs from that of a stand alone restaurant because it is anticipated that there would be shared parking opportunities at varied times during the day due to the mix of retail and restaurant uses that exists within the shopping center. The parking requirements calculated for the project site are as follows: Existing Retail Building A: 13,235 square feet/300 = 44 spaces Existing Retail Building B: 9,185 square feet/300 = 31 spaces Existing Frankie's Restaurant: 4,050 square feet = 41 spaces Existing Ruby Tuesday Restaurant: 5,660 square feet total 5,548 square feet/300 = 18 spaces (Restaurant space occupying less than 15% of the total shopping center area). 111 square feet/100 = 1 space (Restaurant space occupying greater than 15% of the total shopping center area). Proposed Panera Bread Restaurant: 4,862 square feet/100 = 48 spaces Total = 184 spaces required. According to the calculations above, 184 parking spaces are required to accommodate the proposed Panera Bread Restaurant in addition to all of the existing uses within Creekside Centre; however 180 parking spaces are being provided on the site. The applicant has filed PA08-0222, a Minor Exception application to request a 15% deviation from the Development Code's parking requirements. A 15% deviation from the required number of parking spaces would decrease the number of required parking spaces from 184 spaces to 157 spaces. The applicant, however, is requesting to deviate from the code requirements by four parking spaces. This request is significantly, less than the 15% deviation allowed by code. Due to the mix of uses and the differing peak hours of operation between all of the uses within the shopping GAPLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 3 center, the impact of the Minor Exception is considered to be negligible. The purpose and intent of a Minor Exception is to allow for deviations from the Development Code requirements when the deviation from the code is minor in nature, and will not adversely impact the safety of the public or adjacent properties. It has been determined that a decrease in the required parking spaces by four spaces will not adversely affect the public safety or adjacent properties. Architecture Staff has worked closely with the applicant to ensure architectural compatibility between the existing structures on -site, the future Ruby Tuesday Restaurant, and the proposed Panera Bread Restaurant. The proposed structure will utilize a paint color palette and building materials that compliment the existing retail buildings and future Ruby Tuesday restaurant. The main body of the building is proposed to be constructed of a cement plaster material in a neutral sand tone. The base of the building is proposed to be painted a complimentary color. The base of the building is enhanced through changes in color and materials. The building is accented with changes in paint color, along with the use of a cultured stone veneer material, which is used to accentuate the building's columns and wall plane variations. The building articulation and tower elements are accented with a deep merlot and pine green paint color palette. The merlot and green accent colors coordinate with the canvas awnings that currently exist on the adjacent retail buildings and Frankie's Restaurant. The west elevation is accented with three vertical trellis treatments. Climbing vines are proposed to be planted on the vertical trellis treatments to soften the west elevation which will be visible from Nicole Lane. Steel canopy structures, with standing seam metal roof elements highlight the building entry and effectively provide horizontal elements to the building facade. A standing seam metal hipped roof, in a weathered Aegean copper color, is proposed on the two tower elements. The window openings are accented with decorative canvas awnings and down -lit with gooseneck lighting. The decorative exterior light fixtures that are proposed at the buildings entrance coordinate with the existing decorative light fixtures utilized on the existing retail buildings. Landscaping The applicant proposes to plant 9,495 square feet of landscaping for Panera Bread. The proposed landscaping for Panera Bread combined with the existing landscaping on -site totals 64,224 square feet, or 28% of the site, which will be landscaped upon project completion. The 28% includes the existing landscape area in the shopping center, the landscaping to be installed for Ruby Tuesday and the landscaping proposed to be installed for Panera Bread. According to the Development Code, 20% of the project site is required to be landscaped. The proposed project exceeds the minimum 20% landscape requirement for the Community Commercial zone. Staff has ensured that the proposed landscape plantings for Panera Bread are consistent with the landscape plantings that exist in Creekside Centre shopping center, and with the landscaping to be installed for the future Ruby Tuesday restaurant. A mix of trees, shrubs and groundcover will be installed along the perimeter of the building to effectively soften the elevations and enhance the architecture of the building. The proposed trees include Blue Palo Verdes, Little Gem Magnolia and Pink Melaluecas. The shrubs include a mix of Red Cluster Berry, Evergreen Day Lilies, and Texas Privet. An enhanced outdoor pedestrian area was approved as a part of the Development Plan for the neighboring Ruby Tuesday restaurant. This area will be enhanced with landscape plantings, decorative paving, an enhanced water feature, benches and a trellis shade structure. The hardscape improvements adjacent to the proposed Panera Bread Restaurant will complete the G:\PLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 4 enhanced pedestrian area that is shared by the two restaurants. Once completed, this area is anticipated to provide a pleasant seating area for patrons waiting to be seated at either restaurant. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 11, 2008 and mailed to the property owners within the required 600-foot radius. 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 15332, Class 32 In -fill Development Project), Class 32 consists of projects characterized by in -fill development meeting the following conditions: The project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations. The proposed Development Plan to construct a 4,862 square foot restaurant facility is consistent with the applicable General Plan Designation of Community Commercial. According to the General Plan, the Community Commercial Land Use Designation includes retail and service oriented business activities serving the entire community. Typical uses that are considered to be characteristic of the Community Commercial zone include restaurant uses. The proposal to construct a restaurant use within the Community Commercial Land Use Designation is consistent with the anticipated land uses outlined in the General Plan for this area of the City. The City's Development Code acts as the primary land development tool for guiding development to implement the goals and polices of the General Plan. The project meets all applicable requirements for projects in the Community Commercial zoning district is also consistent with the goals and policies of the General Plan. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project occurs within the boundaries of the City of Temecula. The project is proposed to be constructed on a vacant restaurant pad within an existing shopping center. On December 7, 2006 Tentative Parcel Map No. 34387 subdivided the 6.27 acre parcel into three lots. Panera Bread is currently proposed to be constructed on Lot 2 of TPM 34387, which is 1.5 net acres. The project site, therefore, is less than five acres. Additionally, the proposed project is surrounded by urban uses and substantial development. The shopping center in which Panera Bread is to be constructed includes two in -line retail buildings, as well as a freestanding restaurant which is located adjacent to the Panera Bread project site. Additionally, the shopping center is surrounded by a number of other previously developed retail, office and industrial uses, which are located in the immediate vicinity of the project. G:\PLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 5 The proposed project site has no value as habitat for endangered, rare, or threatened species The proposed project site has no value for habitat for endangered, rare, or threatened species. The 1.5 acre site on which Panera Bread is proposed to be constructed has been previously graded and is surrounded by substantially developed commercial uses. Panera Bread is proposed to be constructed on a vacant pad within an existing shopping center. The existing shopping center is disturbed and currently has two in -line retail buildings, which house a variety of retail uses and a restaurant. These retail buildings and uses currently exist adjacent to the Panera Bread site. Additionally, another restaurant use is currently under construction immediately east of the Panera Bread site. Due to the disturbed nature of the site, and considering the earthmoving and construction activities that are taking place immediately to the east of the project site, it can be concluded that the subject site is not suitable for habitat that may otherwise support rare, endangered or threatened species. Approval of this project would not result in any significant effects relating to traffic, noise, air quality or water quality. The approval of this project would not result in any significant effects relating to traffic, noise, air quality or water quality. The proposed project is consistent with the City's General Plan and Development Code requirements. The City of Temecula General Plan Environmental Impact Report previously analyzed the traffic, noise, air quality and water quality impacts of development that was anticipated to occur within the City limits. The proposed project is below the target Floor Area Ratio of 0.30 for the zone. The proposed Floor Area Ratio for the project is 0.17. Therefore, it can be concluded that the traffic and air quality impacts are less than those that were previously anticipated and analyzed in the General Plan EIR. The General Plan EIR assumed 0.30 as the target intensity for the Community Commercial zone. The proposed project is also required to comply with all municipal code requirements related to noise as project construction occurs. Since the project will comply with General Plan noise thresholds and with the municipal code requirements no significant noise effects are anticipated as a result of this project. No adverse water quality impacts are anticipated as a result of this project. A Water Quality Management Plan has been reviewed and accepted by the Department of Public Works. The Water Quality Management Plan will ensure compliance with National Pollutant Discharge Elimination System (NPDES) requirements and will implement best management practices (BMP's) to protect water quality. Therefore, no significant water quality impacts are anticipated as a result of this project. The site can be adequately served by all required utilities and public services. The project site can be adequately serviced by all required utilities and public services. The project is surrounded by substantially developed uses which are all currently adequately served by the required utilities and public services. Water service is currently available to the site, but is subject to any additions or modifications that need to be made to the existing infrastructure in order to adequately serve the project. FINDINGS Development Plan — Development Code Section 17.05.020 (F) 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. G:\PLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 6 The proposed use is in conformance with the General Plan for the City of Temecula. According to the General Plan, the Community Commercial Land Use Designation includes retail and service oriented business activities serving the entire community. Typical uses that are considered to be characteristic of the Community Commercial zone include restaurant uses. The proposal to construct a restaurant use within the Community Commercial Land Use Designation is consistent with the anticipated land uses outlined in the General Plan for this area of the City. The project also meets all applicable requirements of State law and other Ordinances of the City. The proposed project meets all Development Code requirements including, building setbacks, building height, minimum landscape requirements, parking requirements, target Floor Area Ratio and design requirements. The project has also been reviewed by the Department of Public Works, Building and Safety, Community Services and Fire Prevention. The reviewing departments have provided Conditions of Approval to ensure compliance with all applicable local and State requirements. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The proposed Panera Bread restaurant is consistent with the goals and policies of the General Plan for projects located in the Community Commercial Land Use Designation. The Community Commercial Land Use Designation anticipates restaurant uses within the Community Commercial areas of the City. Panera Bread is proposed to be constructed in the Community Commercial zoning district. The proposed project meets all Development Code requirements including, building setbacks, building height, minimum landscape requirements, parking requirements, target Floor Area Ratio and design requirements. The project has been reviewed by the Department of Public Works, Building and Safety, Community Services and Fire Prevention. The reviewing departments have provided Conditions of Approval to ensure compliance with all applicable City requirements and to ensure that the protection of the public health, safety and general welfare is maintained. Minor Exception — Development Code Section 17.03.060 That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The existing shopping center currently has 180 parking spaces available to accommodate the uses. The Development Code requires 184 parking spaces. The constraints of the existing development on the property, combined with the sensitivity of the existing creek channel, which is located on the westerly portion of the site, make it difficult to add four additional standard sized parking spaces to meet Development Code requirements. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The Minor Exception to decrease the number of required parking spaces from 184 spaces to 180 spaces does not grant special privileges which are not otherwise available to the surrounding properties. The Development Code allows for a 15% deviation from code requirements, and equally applies the ability to deviate from code requirements for any property G:\PLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doc 7 for which the findings can be made. The request to decrease the number of required parking spaces from 184 spaces to 180 spaces will not be detrimental to the public welfare, or to the property of persons located in the vicinity. Due to the small decrease in parking spaces from the code requirements, along with the mix of uses and the differing peak hours of operation between all of the uses within the shopping center, the impact of Minor Exception is not anticipated to be significant. The Development Code indicates that the purpose and intent of a Minor Exception is to allow for deviations from the Development Code requirements when the deviation from the code is minor in nature, which is the case. The decrease in the required parking spaces by four spaces will not be detrimental to the public welfare or property, or to persons located in the vicinity. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception places suitable conditions on the property to protect the surrounding properties. The project has been reviewed by the Planning Department and conditioned to ensure compliance with all municipal and development code requirements. The approval of the Minor Exception does not change the uses which are allowed in the Community Commercial zone and do not permit uses which are not otherwise allowed in the Community Commercial zone. The project proposes to construct a restaurant in compliance with all zoning and development requirements for projects in the community commercial zone, but allows for a decrease in the number of required parking spaces by 4 spaces. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing GAPLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH STAFF REPORT.doe 8 VICINITY MAP PROME NDRia GENERALKEARW"-O' I I 4 tir �Mplk! 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Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On June 6, 2008 Mr. Dave Wakefield, filed Planning Application No. PA08-0128, a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. On September 25, 2008 Mr. Dave Wakefield filed Planning Application No. PA08-0222, a Minor Exception, 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 Applications and environmental review on October 23, 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. PA08-0128 and PA08-0222, subject to Conditions of Approval, after finding that the projects proposed in Planning Application No. PA08-0128 and PA08-0222 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0128 and PA08-0222, hereby makes the following findings as required by Development Code Section 17.05.020 (F) — Development Plan, and Development Code Section 17.03.060 - Minor Exception, Development Plan — Development Code Section 17.05.020 (F) 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; GAPLANNING\2008\PA08-0128 Panera Bread DP\Planning\DH resolution no.doc The proposed use is in conformance with the General Plan for the City of Temecula. According to the General Plan, the Community Commercial Land Use Designation includes retail and service oriented business activities serving the entire community. Typical uses that are considered to be characteristic of the Community Commercial zone include restaurant uses. The proposal to construct a restaurant use within the Community Commercial Land Use Designation is consistent with the anticipated land uses outlined in the General Plan for this area of the City. The project also meets all applicable requirements of State law and other Ordinances of the City. The proposed project meets all Development Code requirements including, building setbacks, building height, minimum landscape requirements, parking requirements, target Floor Area Ratio and design requirements. The project has also been reviewed by the Department of Public Works, Building and Safety, Community Services and Fire Prevention. The reviewing departments have provided Conditions of Approval to ensure compliance with all applicable local and state requirements B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall development of the land is designed for the protection of the public, health, safety and general welfare. The proposed Panera Bread restaurant is consistent with the goals and policies of the General Plan for projects located in the Community Commercial Land Use Designation. The Community Commercial Land Use Designation anticipates restaurant uses within the Community Commercial areas of the City. Panera Bread is proposed to be constructed in the Community Commercial zoning district. The proposed project meets all Development Code requirements including, building setbacks, building height, minimum landscape requirements, parking requirements, target Floor Area Ratio and design requirements. The project has been reviewed by the Department of Public Works, Building and Safety, Community Services and Fire Prevention. The reviewing departments have provided Conditions of Approval to ensure compliance with all applicable City requirements and to ensure that the protection of the public health, safety and general welfare is maintained. Minor Exception — Development Code Section 17.03.060 A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The existing shopping center currently has 180 parking spaces available to accommodate the uses. The Development Code requires 184 parking spaces. The constraints of the existing development on the property, combined with the sensitivity of the existing creek channel, which is located on the westerly portion of the site, make it difficult to add four additional standard sized parking spaces to meet Development Code requirements. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception to decrease the number of required parking spaces from 184 spaces to 180 spaces does not grant special privileges which are not otherwise available to the surrounding properties. The Development Code allows for a 15% deviation from code requirements, and equally applies the ability to deviate from code requirements for any property for which the findings can be made. The request to decrease the number of required parking spaces from 184 spaces to 180 spaces will not be detrimental to the public welfare, or to the property of persons located in the vicinity. Due to the small decrease in parking spaces from the code requirements, along with the mix of uses and the differing peak hours of operation between all of the uses within the shopping center, the impact of Minor Exception is not anticipated to be significant. The Development Code indicates that the purpose and intent of a Minor Exception is to allow for deviations from the Development Code requirements when the deviation from the code is minor in nature, which is the case. The decrease in the required parking spaces by four spaces will not be detrimental to the public welfare or property, or to persons located in the vicinity. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception places suitable conditions on the property to protect the surrounding properties. The project has been reviewed by the Planning Department and conditioned to ensure compliance with all municipal and Development Code requirements. The approval of the Minor Exception does not change the uses which are allowed in the Community Commercial zone and do not permit uses which are not otherwise allowed in the Community Commercial zone. The project proposes to construct a restaurant in compliance with all zoning and development requirements for projects in the community commercial zone, but allows for a decrease in the number of required parking spaces by four spaces. 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: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (CEQA Section 15332, Class 32, In -fill Development); Class 32 consists of projects characterized by in -fill development meeting the following conditions: 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations. The proposed Development Plan to construct a 4,862 square foot restaurant facility is consistent with the applicable General Plan Designation of Community Commercial. According to the General Plan, the Community Commercial Land Use Designation includes retail and service oriented business activities serving the entire community. Typical uses that are considered to be characteristic of the Community Commercial zone include restaurant uses. The proposal to construct a restaurant use within the Community Commercial Land Use Designation is consistent with the anticipated land uses outlined in the General Plan for this area of the City. The City's Development Code acts as the primary land development tool for guiding development to implement the goals and polices of the General Plan. The project meets all applicable requirements for projects in the Community Commercial zoning district and is also consistent with the goals and policies of the General Plan. 2. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project occurs within the boundaries of the City of Temecula. The project is proposed to be constructed on a vacant restaurant pad within an existing shopping center. On December 7, 2006 Tentative Parcel Map No. 34387 subdivided the 6.27 acre parcel into three lots. Panera Bread is currently proposed to be constructed on Lot 2 of TPM 34387, which is 1.5 net acres. The project site, therefore, is less than five acres. Additionally, the proposed project is surrounded by urban uses and substantial development. The shopping center in which Panera Bread is to be constructed includes two in -line retail buildings, as well as a freestanding restaurant which is located adjacent to the Panera Bread project site. Additionally, the shopping center is surrounded by a number of other previously developed retail, office and industrial uses, which are located in the immediate vicinity of the project. 3. The proposed project site has no value as habitat for endangered, rare, or threatened species. The proposed project site has no value for habitat for endangered, rare, or threatened species. The 1.5 acre site on which Panera Bread is proposed to be constructed has been previously graded and is surrounded by substantially developed commercial uses. Panera Bread is proposed to be constructed on a vacant pad within an existing shopping center. The existing shopping center is disturbed and currently has two in -line retail buildings, which house a variety of retail uses and a restaurant. These retail buildings and uses currently exist adjacent to the Panrea Bread site. Additionally, another restaurant use is currently under construction immediately east of the Panera Bread site. Due to the disturbed nature of the site, and considering the earthmoving and construction activities that are taking place immediately to the east of the project site, it can be concluded that the subject site is not suitable for habitat that may otherwise support rare, endangered or threatened species. 4. Approval of this project would not result in any significant effects relating to traffic, noise, air quality or water quality. The approval of this project would not result in any significant effects relating to traffic, noise, air quality or water quality. The proposed project is consistent with the City's General Plan and Development Code requirements. The City of Temecula General Plan Environmental Impact Report previously analyzed the traffic, noise, air quality and water quality impacts of development that was anticipated to occur within the City limits. The proposed project is below the target Floor Area Ratio of 0.30 for the zone. The proposed Floor Area Ratio for the project is 0.17. Therefore, it can be concluded that the traffic and air quality impacts are less than those that were previously anticipated and analyzed in the General Plan EIR. The General Plan EIR assumed 0.30 as the target intensity for the Community Commercial zone. The proposed project is also required to comply with all municipal code requirements related to noise as project construction occurs. Since the project will comply with General Plan noise thresholds and with the municipal code requirements no significant noise effects are anticipated as a result of this project. No adverse water quality impacts are anticipated as a result of this project. A Water Quality Management Plan has been reviewed and accepted by the Department of Public Works. The Water Quality Management Plan will ensure compliance with National Pollutant Discharge Elimination System (NPDES) requirements and will implement best management practices (BMP's) to protect water quality. Therefore, no significant water quality impacts are anticipated as a result of this project. 5. The site can be adequately served by all required utilities and public services. The project site can be adequately serviced by all required utilities and public services. The project is surrounded by substantially developed uses which are all currently adequately served by the required utilities and public services. Water service is currently available to the site, but is subject to any additions or modifications that need to be made to the existing infrastructure in order to adequately serve the project. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0128, a Commercial Development Plan, and PA08-0222 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 Director of Planning this 23rd day of October 2008. Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 23rd day of October 2008. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0128 and PA08-0222 Project Description: A Commercial Development Plan to construct a 4,862 square foot restaurant (Panera Bread and Bakery) and a Minor Exception to allow for a reduction in the number of required parking spaces by four spaces in the Creekside Centre shopping center located on the southwest corner of Overland Drive and Nicole Lane Assessor's Parcel No.: 921-810-032 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: October 23, 2008 Expiration Date: October 23, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. 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)). PL-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 PL-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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-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. PL-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. PL-7. A separate building permit shall be required for all signage. An amendment to the existing Creekside Centre Sign Program may be required if the proposed signage significantly differs from the signage approved in the sign program, as determined by the Director of Planning. PL-8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-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. PL-10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL-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. PL-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 Conditions 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. MATERIAL Cement plaster finish- Main body Cement plaster finish- Building base COLOR "Terra Cotta Sand" 6136 Dunn Edwards — DE "Saddle Brown" Dunn Edwards — DE 5264 Cement plaster finish —accent wall "Merlof' Dunn Edwards — DE 5055 Cement plaster finish — accent wall "Green Scene" Dunne Edwards — DE 6251 Cement Plaster -horizontal trim, metal "Saddle Brown" Dunn Edwards — DE canopy elements, tower corbels 5264 Foam cornice w/ cement plaster finish "Saddle Brown" Dunn Edwards — DE 5264 Towers and columns "Carmel Country Ledgestone" stone veneer CSV 20007 Standing seam metal roof "Aegean Copper" AEP Span Glazing PPG "Solar Bronze" Aluminum storefront Clear anodized aluminum PL-13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-14. The 180 parking spaces shall be provided within the Creekside Centre shopping center. Prior to Issuance of Grading Permit(s) PL-15. 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. PL-16. 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. PL-17. 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." PL-18. If cultural resources are discovered, 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. PL-19. All sacred sites are to be avoided and preserved. PL-20. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-21. 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. PL-22. All downspouts shall be internalized PL-23. 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 appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-24. Per the original Conditions of Approval for PA04-0525, the construction landscape plans for this project shall 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 located at the northwest corner of the site. PL-25. The Landscaping and Irrigation Plans shall 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. PL-26. The Landscaping and Irrigation Plans shall include a note stating that "Two landscape site inspections are required: One inspection is required for irrigation lines and a separate inspection is required for final planting inspection." PL-27. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-28. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees that will be saved consistent with the Tentative Map. PL-29. 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. PL-30. Specifications of the landscape maintenance program 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. PL-31. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-32. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Planning. PL-33. Roof -mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. PL-34. 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. PL-35. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to match the style of the building subject to the approval of the Planning Director. PL-36. Building plans shall indicate that all roof hatches shall be painted "International Orange." PL-37. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-38. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted priorto scheduling for the final inspection. PL-39. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Planning. PL-40. 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. PL-41. 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. PL-42. 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." PL-43. 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. PL-44. All site improvements including but not limited to parking areas and striping shall be installed. PL-45. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-46. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated July 1, 2008, 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. PL-47. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 16, 2008, a copy of which is attached. PL-48. The applicant shall comply with the recommendations set forth in the Southern California Gas Company transmittal dated July 3, 2008, a copy of which is attached. PL-49. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 26, 2008, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. 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. B-2. Provide details of all applicable disabled access provisions and building setbacks on plans. B-3. Provide disabled access from the public way to the main entrance of the building. B-4. Provide van accessible parking located as close as possible to the main entry. B-5. Show path of accessibility from parking to furthest point of improvement. B-6. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights -of -way. B-7. 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. B-8. Obtain all building plans and permit approvals prior to commencement of any construction work. B-9. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-10. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one -quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6:30 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays or Government Holidays. B-11. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. Prior to Submitting for Plan Review B-12. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-13. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-14. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-15. Provide precise grading plan to verify accessibility for persons with disabilities. B-16. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-17. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-18. A pre -construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. CS-2. 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 demolition and construction debris. CS-3. The applicant shall comply with the Public Art Ordinance. CS-4. All landscaping including parkways median, fencing and on -site lighting maintenance association. Prior to Issuance of Building Permit(s) within the right-of-way, walls, fences, entryway shall be maintained by the property owner or CS-5. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. 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. F-2. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. The fire hydrants on this site are existing and no additional fire hydrants shall be required (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). F-3. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4) Prior to Issuance of Grading Permit(s) F-4. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface 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 (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-5. 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 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16,020 Section E). F-6. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7, and City Ordinance 15.16.020 Section E). Prior to Issuance of Building Permit(s) F-7. 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. Underground plans are required for the individual lateral that is needed for the fire sprinkler riser. The underground plans shall show the lateral from the fire department connection to 6-inches above finished floor in the fire sprinkler riser room. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). F-8. 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. F-9. 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. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-10. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. F-11. 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 12-inch numbers with suite numbers being a minimum of six inches in size (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F-12. 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 Chapter 5, Section 506). F-13. 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 Chapter 5, Section 503.3). F-14. 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. Contact Fire Prevention for approval of alternative file formats which may be acceptable. PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no costto any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. 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. PW-3. 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. PW-4. All improvement 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. PW-5. 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 off site or entering any storm drain system or receiving water. Prior to Issuance of Grading Permit(s) PW-6. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-7. 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 in accordance with Grading Ordinance Section 18.24.120. PW-8. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures. PW-9. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW-10. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the San Diego Regional Water Quality Board, Riverside County Flood Control and Water Conservation District, Planning Department, or other affected agencies. PW-11. 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. PW-12. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW-13. 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. PW-14. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. Prior to Issuance of Building Permit(s) PW-15. Improvement plans shall conform to applicable City of Temecula Standards subject to approval by 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. PW-16. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by 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. PW-17. 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. PW-18. 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. PW-19. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-20. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW-21. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW-22. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. WARREN D. WILLIAMS e ) 1995 MARKET STREET General Manager -Chief Engineer RIVERSIDE, CA 92501 951.955.1200 FAX 951.78E-9965 ►ri1 � ;A4 -11� RIVERSIDE COUNTY FLOOD CONTR �� I City of Temecula AND WATER CONSERVATION DISTRI Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention:_ k-04[ . LtCoMfe- Ladies and Gentlemen: Re: 0A OS - 01 Z-1 j The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information 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 with respect to flood hazard, public health and safety or any other such issue: No comment. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This roject proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considpered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership o Such on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the District's A1vye; Cra.�c - itrrecuia Va(1 Area Drainage Plan for which drainage fees have been adopied; app ica a ees s ou a paidliy c- it7 s check or money order only to the Flood Control District or Cityprior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. 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 k al approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies calculations, plans and %er information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map 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 is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. c: Riverside County Planning Department Attn: David Mares 00 Very truly yours, /AL ANDERSON Senior Civil Engineer Date: 07 O/ 416 1 City of Temecula Planning Department c% K ATIE LECOMTE PO BOX 9033 Temecula, CA 92589-9033 16 June 2008 RE: PA08-0128 The Department of Environmental Health (DEH) has received and reviewed the PA08- restaurant (Pane a Bre d &Bake Development Plan Application to construct a 4,862 square foot Parcel 2 of TP 1Y) in the Creekside Centre shopping center located on M 34387 on the southwest corner of Overland Drive and Nicole at in the Community Commercial zoning district, under the applicant: David Wakefield. We have no objections. APN 921-810-032 should have water and sewer availability Municipal Water District and/or Rancho California Water District. A will serve letter will be required at the time of building submittal along with approved DEH food plan check stamped plans. Please contact, at your earliest convenience, Bonnie Dierking, Supervising EHS at 951.461.0284. If you have any questions, please do not hesitate to call me at 951.600.6180 Sincerely, Gregor Dellenbach, RE Land Use and Water Engineering • 39493 Los Alamos Road, MUYYIP/A !"o no«.. .__ 5outhorn California Gas Company' .a A Sempra Lnergy" cor pany July 3, 2008 SoNhemCaffomia Gas Company City of Temecula 94000akdaleAvenue Chamwrlh, CA 91313 Mailing Address P. O. Bm 2300 Subject: Email — 070308 Various Projects Cha6uath CA 91313-2300 M49314 PA07-0328 - Temecula Public Cernentery PA08-0128-TPM 34387 - Overland Drive & ✓ Nicole Lane - Utility Request PA08-0123 - Fresh & Easy Market - Utility Request PA08-0061 - 42210 IZevo Drive - Utility Request PA08-0133 - 43980 Margarita Rd - Utility Request 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 (909) 335-7561. Sincerely, Rosalyn Squires Transmission Pipeline Planning Assistant tel 818-701-4546 f= 818-701-3441 June 26, 2008 Katie Lecomte, Project Planner City of Temecula n 11 Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Board of Directors William E. Plummer SUBJECT: WATER AVAILABILITY President PANERA BREAD & BAKERY- CREEKSIDE CENTRE Ralph H. Daily Sr. vice President PARCEL NO. 2 OF TENTATIVE PARCEL MAP NO. Stephen J. Corona 34387; PORTION OF PARCEL NO. 2 OF PARCEL MAP Ben R. Drake NO.30107; APN 921-810-032 Lisa D. Herman John E. Hoagland Dear Ms. Lecomte: Lawrence M. Libra Please be advised that the above -referenced project/property is located within Ofrcers, the service boundaries of Rancho California Water District (RCWD). The Pu°'mGene„lManager subject project/property fronts an existing 16-inch diameter water pipeline Jeffrey D. Armstrong (1305 Pressure Zone) within Overland Drive, and an existing 12-inch diameter Acting Assistant GeneralM"sag" ChiefFinancial Omer ' water pipeline (1305 Pressure Zone) within Nicole Lane. Chief Perry R. Louck Director of Planning Water service to the parent project/property exists. Additions or modifications Andrew L. wehster, P.E. Acting DieGict Engineer to water/sewer service arrangements are subject to the Rules and Regulations Kelli E. Garcia (governing) Water System Facilities and Service, as well as the completion of District Secretary financial arrangements between RCWD and the property owner. Where C. Best Best C iett private on -site facilities are required for water service, fire Best Beet&Krieger LLP p ( ) q protection, General Counsel irrigation, or other purposes, RCWD requires recordation of a Reciprocal Easement and Maintenance Agreement where such private on -site water facilities may cross (or may be shared amongst) multiple lots/project units, and/or where such `common' facilities may be owned and maintained by a Property Owners Association (proposed now or in the future). Please note that separate water meters will be required for all landscape irrigation. Water availability is contingent upon the property owner(s) destroying all on - site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, property owner(s) may be required to sign an acknowledgement of low water service pressure when service arrangements are made or modified. As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temeonle, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 www.ranchowater.com Letter to Katie Lecomte June 26, 2008 Sewer service to the subject project, if available, would be provided by the Eastern Municipal Water District. If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORN[A WATER DISTRICT II ' ( -� Corey Wallace, P.E. Engineering Manager cc: Laurie Williams, Engineering Services Supervisor 'D 08\CW:]m049\FEG Rancho Cal forma Water District 42135 Winchester Road • Post Office Boz 9019 • Temecula, California 92589-9017 , (951) 2966900 • FAX (951) 296-8860 ..ranchowater.com NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula's DIRECTOR'S HEARING to consider the matter described below: Case No: Planning Application Nos. PA08-0128 and PA08-0222 Applicant: Mr. Dave Wakefield, Davcon Development Location: Southeast corner of Overland Drive and Nicole Lane Proposal: A Development Plan to construct a 4,862 square foot restaurant and a Minor Exception to reduce required parking spaces by four spaces 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 filed in accordance with CEQA (Section 15332, Class 32 In -fill Development) Case Planner: Katie Innes, Case Planner Place of Hearing: City of Temecula, Main Conference Room 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: October 23, 2008 Time of Hearing: 1:30 p.m. Any person may submit written comments to the Planning Director 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 Director 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. Project Site " rvaF•.am, o} _ � NY04F Ld } I l N Fee. ` REQUESTS TO SPEAK DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! IZB Date: /(/ — Z 3 ` D I wish to speak on Agenda Item No.: PAOg-O� For 0 Against ❑ PA l?- 0Z Z Z I Name: 1)-fl\1E WAkk ' 4-L Address: ` � l City/State/Zip: Phone: /- If you are representing an organization or group, please give the name: The Planning Director will call your name when the matter comes up. Please go to the podium and state your name and address for the record. Thank you!