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HomeMy WebLinkAbout120408 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING DECEMBER 04, 2008 1:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS 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 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: Item No. 2 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: 1:30 p.m. PA08-0224 Minor Conditional Use Permit Meadows Village Shopping Center John Clement A Minor Conditional Use Permit for a Martial Arts studio totaling 4,996 square feet within the Meadows Village Shopping Generally located on the southeast corner of Rancho California Road and Meadows Parkway at 31795 Rancho California Road, Suite B700 Exempt per CEQA Section 15301, Class 1 Existing Facilities Eric Jones PA08-0225 Minor Conditional Use Permit Meadows Village Shopping Center John Clement A Minor Conditional Use Permit for Fitwize for Kids facility totaling 3,023 square feet Generally located on the southeast corner of Rancho California Road and Meadows Parkway at 31795 Rancho California Road, Suite B700 Exempt per CEQA Section 15301, Class 1 Existing Facilities Eric Jones RADirectors Hearing\Agendas\2008\12-04-2008 Agenda.doc Item No.3 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: PA08-0185 Development Plan RTA Parking Lot Pfaffl/Richards Development Corp A Development Plan to construct a secure vehicle storage yard on a 1.2 acre site 28071 Diaz Road Exempt per CEQA Section 15332, Class 32 In -Fill Development Projects) Dana Schuma 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 Directors 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. R:\Directors Hearing\Agendas\2008\12-04-2008 Agenda.doc STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: December 4, 2008 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA08-0224, a Minor Conditional Use SUMMARY: Permit for a Martial Arts studio located at 31795 Rancho California Road, Suite B700 totaling 4,996 square feet within the Meadows Village Shopping Center RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: John Clement: Venture Point Development General Plan Neighborhood Commercial Designation: Zoning Designation: Specific Plan No. 3 - Margarita Village Existing Conditions/ Land Use: Site: Developed Shopping Center/Neighborhood Commercial (NC) North: Rancho California Road and Residential/Low Medium Density Residential (LM) South: Residential/Low Medium Density Residential (LM) East: Residential/Low Medium Density Residential (LM) West: Meadows Parkway and Residential/Low Medium Density Residential (LM) Existinq/Proposed Min/Max Allowable or Required Lot Area: 9.77 Acres N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A GAPLANNING\2008\PA08-0224 Meadows Village Minor CUP\Planning\STAFF REPORT.doc 1 BACKGROUND SUMMARY On September 30, 2008, John Clement of Venture Point Development submitted a Minor Conditional Use Permit for a martial arts facility to be located within the Meadows Village Shopping Center. An amendment to the center's current Covenants, Condition and Restrictions (CC&R's) document was also submitted under a different Planning Application number (PA08- 0226) because the original CC&R's prohibit the proposed use. 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 The proposed martial arts facility will be located within suite B700 of the Meadows Village Shopping Center. The studio, which totals 4,996 square feet, will have approximately two employees on hand at any one time providing instruction to between six and twelve students. The general layout of the facility will consist of a large open space with mats. Staff has reviewed the Margarita Village Specific Plan, the City of Temecula Development Code and General Plan and has determined that the use is consistent with these documents. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 22, 2008, and was 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 15301, Class 1 Existing Facilites). The proposed use will be located within a suite of an existing shopping center. in addition, martial arts facilities are an anticipated use by the City of Temecula Development Code in Neighborhood Commercial zoning designations. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The proposed martial arts studio is consistent with the City of Temecula General Plan and Development Code. The Development Code allows for martial arts facilities within Neighborhood Commercial districts provided they do not exceed 5,000 square feet. The proposed use will occupy 4,996 square feet. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings in structures since it is already permitted with an approved Conditional Use Permit within a Neighborhood Commercial zoning district. GAPLANNING\2008\PA08-0224 Meadows Village Minor CUP\Planning\STAFF REPORT.doc 2 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 site proposed for the conditional use is adequate. The site has been developed as a neighborhood commercial center. Therefore, this type of use was anticipated during the center's permitting process. As previously mentioned, no changes are proposed for the site as part of the Conditional Use Permit. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The Conditional Use Permit application has been reviewed by Building and Safety, Fire, Public Works, Community Services, and the Police Department. Each of these departments has indicated that the use is not detrimental to the health, safety, and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning commission or city council on appeal. The decision to approve, conditionally approve, or deny the application will be based on substantial evidence in view of the record as a whole before the Director of Planning. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2008\PA08-0224 Meadows Village Minor CUP\Planning\STAFF REPORT.doc 3 VICINITY MAP NEN� LE CHAMBERTIN u •`.` / CHEM114 /. \ QpQO &EMW COU)'Fi / MENADE CHARDONNAY HILLS .PLACER BELAYR n n� .h \\ I . 1IN v WA � A': U OP MONTEREYPI gr 2 ��Qp e - o Text,/ P P\,b \ Jam. - - Y ? `• RO FPq&FlC qp ERq ^ Zm �`NEp4P_O'�\4�PN\P�PO`. PAOH-OZZ4 'E SOLEOAO cF .'gyp. - r` A N-. L NOP sp �._ CORT E;p� COR1E '•y�'; v� �S gLAS r S, _OptE POSITAS _ \ sF, NpLENi1ryE 3O S _ 1 0 p40 YAP �PO j '-CORTE FLORECITAr4 SEG,TO�.�_ lE Op/ S`�QPOpE� UOP OJ8APp0 G. / %NCAMINO NDNEZ OOPtE SONOR,Q GOp O _ SSpOSpp\ /1 1 \ - OORTE CA_ eLI , O 2P ONS,EL 4pP 'PO CORTEM A _ Q ��EG vNCO. F \OCF.0 p O4 \ -_ } N5 FORTEBACXRRO /� . 1 , i v ' V O'O \ N 0 255 530 1.060 1.590 Z,ZD PLAN REDUCTIONS J vo = Obell!A sMopeaW Hill w • � � w$+p � � ��� � wisanmro��w Wore s s s s, a '_- � yLE 6em� Ayy y. U � C!�\ x o II I I I ? I 001®4�©I a� �a— S uE�l`ve0 aio�5/0 uloueld/ein�oallV��V ,g ONIOIIfIB O15NOISIA3H y6� ggg 2g ¢ Q § 1NIOd3unIN3n sioaiiyojy yjnH+zl!mo4jod 8 9e �k dt �e 3 <IC G�4<a Q S � _ ---DLO w m ram: Y a t m m a e O O x � a s g ZN b ( B a� zo J rI ¢ �YI OFL o f 4 q W J 11 L:n= ° DH RESOLUTION G:\PLANNING\20081PA08-0224 Meadows Village Minor CUP\Planning\DH Resolution.doc DH RESOLUTION NO. 08- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0224, A MINOR CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO LOCATED AT 31795 RANCHO CALIFORNIA ROAD, SUITE B700 TOTALING 4,996 SQUARE FEET WITHIN THE MEADOWS VILLAGE SHOPPING CENTER Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On September 30, 2008, John Clement filed Planning Application No. PA08-0224, a Conditional Use Permit Application, 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 December 4, 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. PA08-0224 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0224 conformed to the Margarita Village Specific Plan and City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0224, hereby makes the following findings as required by 17.04.010. E.1: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed martial arts studio is consistent with the City of Temecula General Plan and Development Code. The Development Code allows for martial arts facilities within Neighborhood Commercial districts provided they do not exceed 5,000 square feet. The proposed use will occupy 4,996 square feet. 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; GAPLANNING\2008\PA08-0224 Meadows Village Minor CUP\Planning\DH Resolution.doc The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings in structures since it is already permitted with an approved Conditional Use Permit within a Neighborhood Commercial zoning district. 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 site proposed for the conditional use is adequate. The site has been developed as a neighborhood commercial center. Therefore, this type of use was anticipated during the center's permitting process. As previously mentioned, no changes are proposed for the site as part of the Conditional Use Permit. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The Conditional Use Permit application has been reviewed by Building and Safety, Fire, Public Works, Community Services, and the Police Department. Each of these departments has indicated that the use is not detrimental to the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application will be based on substantial evidence in view of the record as a whole before the Planning Director. Section 3. Environmental Findings. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). 1. The proposed use will be located within a suite of an existing shopping center. In addition, martial arts facilities have been an anticipated use by the City of Temecula Development Code in Neighborhood Commercial zoning designations. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0224, A Minor Conditional Use Permit for a Martial Arts studio located in suite B700, totaling 4,996 square feet within the Meadows G:\PLANNING\2008\PA08-0224 Meadows Village Minor CUP\Planning\DH Resolution.doc Village Shopping Center, generally located on the southeast corner of Rancho California Road and Meadows Parkway at 31795 Rancho California Road, Suite B700, 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 4th day of December 2008 Debbie Ubnoske, Director of Planning I, Kathy Simpkins, 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 4th day of December 2008. Kathy Simpkins, Secretary GAPLANNINGU008\PA08-0224 Meadows Village Minor CUP\Planning\DH Resolution.doc 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.: PA08-0224 Project Description: A Minor Conditional Use Permit for a Martial Arts studio located at 31795 Rancho California Road, Suite B700 totaling 4,996 square feet within the Meadows Village Shopping Center Assessor's Parcel No.: 954-030-002 MSHCP Category: Exempt DIF Category: N/A TUMF Category: N/A Approval Date: December 4, 2008 Expiration Date: December 4, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The appiicant/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. This project and all subsequent projects within this site shall be consistent with Specific Plan No. SP-3, Margarita Villiage. PL-8. A separate building permit shall be required for all signage. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. PL-11. The applicant shall comply with their Statement of Operations dated September 29, 2008, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. The City, 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 business, a change in scope, emphasis, size of 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, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. OUTSIDE AGENCIES PL-14. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 20, 2008, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 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 disabled access from the public way to the main entrance of the building B-3. Provide van accessible parking located as close as possible to the main entry. B-4. Show path of accessibility from parking to furthest point of improvement B-5. 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. As applicable to the scope of work proposed. B-6. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-9. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-10. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-11. A pre -construction meeting is required with the building inspector prior to the start of tenant improvements. 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 applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F-3. If any new walls are to be constructed the 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-4. If there is not a notification device located in the suite then 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. If there are duct smoke detectors in the suite and they have not been tied into the fire alarm control panel for monitoring, then a permit will need to be obtained from the Fire Prevention Bureau. Prior to Issuance of Certificate of Occupancy F-5. 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. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIR 'WF f� 1M OCT 2 2 2008 City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589-9033 20 October 2008 RE: PA08-0224 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0224 for the Conditional Use Permit to authorize Martial Arts Studio located in suite B700 (no modifications are proposed to the structure) in the Meadows Village Shopping Center project, under the applicant: Venture Point The development plan application for 4,996 square foot within the Meadows Village Shopping Center located on the southeast comer of Rancho California Road (APN 954- 030-001) shall be connected to a potable water line and sanitary sewer from the closest purveyor. A water and sewer availability letter shall be required by the City of Temecula at time of building plan submittal to the City. Any food vending (sports drinks etc) or restaurant use of the building shall require food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 M Gregor Dellenbach, REHS EHS081469 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR'S HEARING to consider the matter described below: Case No: PA08-0224 Applicant: John Clement Proposal: A Minor Conditional Use Permit for a Martial Arts studio totaling 4,996 square feet within the Meadows Village Shopping Center generally located on the southeast corner of Rancho California Road and Meadows Parkway at 31795 Rancho California Road, Suite B700 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 issued in compliance with CEQA (insert Section 15301, Class 1, Type: Existing Facilities) Case Planner: Eric Jones Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: December 4, 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 the hearing. Any petition for judicial review of a decision of the Planning Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6400. GAPLANNINGt2008TA08-0224 Meadows Village Minor CUPPlanning\Notice of Public Hearing.doc STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: December 4, 2008 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA08-0225, a Minor Conditional Use SUMMARY: Permit for a Fitwize for Kids facility located at 31795 Rancho California Road, Suite B400 totaling, 3,023 square feet within the Meadows Village Shopping Center RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: John Clement: Venture Point Development General Plan Neighborhood Commercial Designation: Zoning Designation: Specific Plan No. 3 - Margarita Village Existing Conditions/ Land Use: Site: Developed Shopping Center/Neighborhood Commercial (NC) North: Rancho California Road and Residential/Low Medium Density Residential (LM) South: Residential/Low Medium Density Residential (LM) East: Residential/Low Medium Density Residential (LM) West: Meadows Parkway and Residential/Low Medium Density Residential (LM) Existing/Proposed Min/Max Allowable or Required Lot Area: 9.77 Acres N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A GAPLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\STAFF REPORT.doc 1 BACKGROUND SUMMARY On September 30, 2008, John Clement of Venture Point Development submitted a Minor Conditional Use Permit application for a Fitwize for Kids facility to be located within the Meadows Village Shopping Center. An amendment to the center's current Covenants, Condition and Restrictions (CC&Rs) document was also submitted under a different Planning Application number (PA08-0226) because the original CC&Rs prohibit the proposed use. 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 The proposed Fitwize for Kids facility will be located within suite B400 of the Meadows Village Shopping Center, which totals 3,023 square feet. The business will have approximately two employees on hand at any one time providing instruction to clients aged seven to fifteen as they use health equipment. The general layout of the facility will consist of a lobby and both multipurpose and exercise areas. Staff has reviewed the Margarita Specific Plan, City of Temecula Development Code and General Plan and has determined that the use is consistent with these documents. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 22, 2008 and was 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 15301, Class 1 Existing Facilites). The proposed use will be located within a suite of an existing shopping center. In addition, health and fitness facilities less than 5,000 square feet are an anticipated use by the City of Temecula Development Code in Neighborhood Commercial zoning designations. The proposed Fitwize for Kids facility will total 3,023 square feet. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The proposed facility is consistent with the City of Temecula General Plan and Development Code. The Development Code allows for health and fitness facilities within Neighborhood Commercial districts provided they do not exceed 5,000 square feet. The proposed use will occupy 3,023 square feet. 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. GAPLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\STAFF REPORT.doe 2 The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings and structures since it is already allowed with an approved Conditional Use Permit within a Neighborhood Commercial zoning district. 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 council in order to integrate the use with other uses in the neighborhood. The site proposed for the conditional use is adequate. The site has been developed as a neighborhood commercial center. Therefore, this type of use was anticipated during the center's permitting process. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The Conditional Use Permit application has been reviewed by Building and Safety, Fire, Public Works, Community Services, and the Police Department. Each of these departments has indicated that the use is not detrimental to the health, safety, and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the planning commission or city council on appeal. The decision to approve, conditionally approve, or deny the application will be based on substantial evidence in view of the record as a whole before the Director of Planning. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\STAFF REPORT.doc 3 VICINITY MAP '01 %% 0" RCAF CHAMBERTIN •`'.` CHEMIN4 ' •\ 1PP°EN11N C0°)'Ei ' J'HENApE CXARDONNAY HIgg• / �4PElt•`P \ PLACER BELA/R i�PTC�\ P4VE 4NEMIN �AURENT o. T PL (Hi O� MONTEREY i > J R\AGE°T O \ G1e�EPES - C00.TEGj +. Iyo J1NE d�PP *\. uE Da .R KIRKoy _ 4��F°P °P ACIEiC c9OVE m �o SOLEOPp 4 OU y �.y ; ` p .. CORTE -� _ 4 OPtEEN _ - _ � \ � � • v G C� °OE�,5 -10 115E �g OptE POSITAS PfR. VALENTINE 3� \\ - _ \ A�P{ _., A ✓ � '. \ 0�p0� � •. r-CORiEFLORECITA -t 400OJ\SS1P° � G, % � CAA11N0 � N COO�EZ' RTE SONORI 4pP � e 05 CORTE CARMELA. - CORTEM. 00 01 C °J / �O - SK• ,a dq p c CORTE BACAFRO 0P`y0 �- �0 255 500 1. 5 1.50 Z120 .. Feel PLAN REDUCTIONS Fag �T.J '$d ii �y,Db' RtlYMJMW �°Y �'1. IP'.& S Y5SY y -0 2 �.3 3 yriliA Cn B AT GIs m xg n hil Sf c 1 N N N 0 y Z ry � Z b 9 23 M3gog ss on = $ I b wa.x un,i•aa e,oi �i��adie,�ioanao.v Dwaine w sie A of SNoisinae i iNio�emN3� s��91!gojy 4lnH+zlimO4JOd ��m��II® DH RESOLUTION G:\PLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\DH Resolution.doc DH RESOLUTION NO. 08- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0225, A MINOR CONDITIONAL USE PERMIT FOR A FITWIZE FOR KIDS FACILITY LOCATED AT 31795 RANCHO CALIFORNIA ROAD, SUITE B400 TOTALING 3,023, SQUARE FEET WITHIN THE MEADOWS VILLAGE SHOPPING CENTER Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On September 30, 2008, John Clement filed Planning Application No. PA08-0225, aConditional Use Permit Application, 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 December 4, 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. PA08-0225 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0225 conformed to the Margarita Village Specific Plan, City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0224, hereby makes the following findings as required by 17.04.010. E.1: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed facility is consistent with the City of Temecula General Plan and Development Code. The Development Code allows for health and fitness facilities within Neighborhood Commercial districts provided they do not exceed 5,000 square feet. The proposed use will occupy 3,023 square feet. 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; GAPLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\DH Resolution.doc The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings and structures since it is already allowed with an approved Conditional Use Permit within a Neighborhood Commercial zoning district. 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 site proposed for the conditional use is adequate. The site has been developed as a neighborhood commercial center. Therefore, this type of use was anticipated during the center's permitting process. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The Conditional Use Permit application has been reviewed by Building and Safety, Fire, Public Works, Community Services, and the Police Department. Each of these departments has indicated that the use is not detrimental to the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application will be based on substantial evidence in view of the record as a whole before the Director of Planning. GAPLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\DH Resolution.doc Section 3. Environmental Findings. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The proposed use will be located within a suite of an existing shopping center. In addition, health and fitness facilities less than 5,000 square feet are an anticipated use by the City of Temecula Development Code in Neighborhood Commercial zoning designations. The proposed Fitwize for Kids facility will total 3,023 square feet. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0225, a Minor Conditional Use Permit for a Fitwize for Kids facility located at 31795 Rancho California Road, Suite B400, totaling 3,023 square feet within the Meadows Village Shopping Center, generally located on the southeast corner of Rancho California Road and Meadows Parkway, 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 4th day of December 2008 Debbie Ubnoske, Director of Planning I, Kathy Simpkins, 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 4th day of December 2008. Kathy Simpkins, Secretary G:\PLANNING\2008\PA08-0225 Meadows Village Minor CUP\PlanningTH Resolution.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G:\PLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\EXHIBIT A.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0225 Project Description: A Minor Conditional Use Permit for a Fitwize for Kids facility located at 31795 Rancho California Road, Suite B400, totaling 3,023 square feet within the Meadows Village Shopping Center Assessor's Parcel No.: 954-030-002 MSHCP Category: Exempt DIF Category: N/A TUMF Category: N/A Approval Date: December 4, 2008 Expiration Date: December 4, 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 G:\PLANNING\2008\PA08-022.5 Meadows Village Minor CUP\Planning\EXHIBIT A.doc 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. This project and all subsequent projects within this site shall be consistent with Specific Plan No. SP-3, Margarita Village. PL-8. A separate building permit shall be required for all signage. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. The applicant shall comply with their Statement of Operations dated September 29, 2008, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-12. The City, 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 business, a change in scope, emphasis, size of 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, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder forany violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. G:\PLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\EXHIBIT A.doc OUTSIDE AGENCIES PL-13. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 20, 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 disabled access from the public way to the main entrance of the building. B-3. Provide van accessible parking located as close as possible to the main entry. B-4. Show path of accessibility from parking to furthest point of improvement. B-5. 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. As applicable to the scope of work proposed. B-6. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-9. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-10. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-11. A pre -construction meeting is required with the building inspector prior to the start of tenant improvements. GAPLANNING\2008\PA08-022 5 Meadows Village Minor CUP\Planning\EXHIBIT A.doc 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 applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F-3. If any new walls are to be constructed the 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-4. If there is not a notification device located in the suite then 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. If there are duct smoke detectors in the suite and they have not been tied into the fire alarm control panel for monitoring, then a permit will need to be obtained from the Fire Prevention Bureau. Prior to Issuance of Certificate of Occupancy F-5. 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. All suites shall have a minimum of six-inch high letters and/or numbers on both'the front and rear doors. (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). GAPLANNING2008\PA08-0225 Meadows Village Minor CUP\Planning\EXHIBIT A.doc COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589-9033 20 October 2008 RE: PA08-0225 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0225 for the Conditional Use Permit to authorize Kid Fit located in suite B400 in the Meadows Village Shopping Center project, under the applicant: Venture Point The development plan application for 3,023 square foot within the Meadows Village Shopping Center located on the southeast corner of Rancho California Road (APN 954- 030-001) shall be connected to a potable water line and sanitary sewer from the closest purveyor. A water and sewer availability letter shall be required by the City of Temecula at time of building plan submittal to the City. Any food vending (sports drinks etc) or restaurant use of the building shall require food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Si R , Gregor Dellenbach, REHS EHS081468 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR'S HEARING to consider the matter described below: Case No: PA08-0225 Applicant: John Clement Proposal: A Minor Conditional Use Permit for a Fitwize for Kids facility totaling 3,023 square feet within the Meadows Village Shopping Center; generally located on the southeast corner of Rancho California Road and Meadows Parkway at 31795 Rancho California Road, Suite B400 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 issued in compliance with CEQA (insert Section 15301, Class 1, Type: Existing Facilities) Case Planner: Eric Jones Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: December 4, 2008 Time of Hearing: 1:30 p.m. yam' Y,eV� \`\ \\\� c 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 the hearing. Any petition for judicial review of a decision of the Planning Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6400. G:\PLANNING\2008\PA08-0225 Meadows Village Minor CUP\Planning\Notice of Public Hearing.doc STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: December 4, 2008 PREPARED BY: Dana Schuma. Case Planner PROJECT Planning Application No. PA08-0185, a Development Plan to SUMMARY: construct a secure vehicle storage yard on a 1.2 acre site located at 28071 Diaz Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In -Fill Development PROJECT DATA SUMMARY Name of Applicant: Pfaffl/Richards Development Corp. General Plan Industrial Park (IP) Designation: Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Vacant North: Existing Industrial Development South: Existing Industrial Development East: Existing Industrial Development West: Existing Industrial Development Existing/Proposed Lot Area: 1.2 acres Total Floor Area/Ratio: N/A Min/Max Allowable or Required N/A N/A Landscape Area/Coverage: 6,487 sq. ft./12.8 percent Equal to required setbacks per proposed Development Code Section 17.10.020.N Parking Required/Provided: 46 vehicle parking N/A spaces proposed (30 bus and 16 car) G:\PLANNING\2008\PA08-0185 RTA Parking Lot DP\Planning\DH Staff Report.doc 1 BACKGROUND SUMMARY A Development Plan application for the proposed vehicle storage yard was submitted on August 25, 2008. A DRC meeting was held on September 25, 2008, to discuss site, landscaping, and other design and processing issues. The applicant submitted revised plans on October 22, 2008. The site plan was modified to address all staff comments. 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 The proposed project is a request for a vehicle storage yard for Riverside Transit Agency (RTA) buses. The storage yard will be a complementary use to the adjacent service station which provides vehicle and bus maintenance services for RTA. The facility will have 30 bus spaces and eight tandem passenger car spaces to be used solely for vehicle storage purposes. No servicing or repair of buses or vehicles is proposed with this development (see Condition of Approval PL-11). The proposed project conforms to the Development Code regulations for the Light Industrial (LI) zoning district, as well as Section 17.10.020.N, the supplemental development standards for storage facilities. No rear or side yard building setbacks are required for storage facilities in industrial zones. However, Section 17.24.050.H of the Development Code requires a minimum five-foot landscape area along the perimeter of the parking area. Due to the irregular flag shape of the property and the existing development surrounding the perimeter, the project's site design is somewhat constrained. The site has one access point located off of Diaz Road. The access is shared with the adjacent parcel and the reciprocal ingress/egress easement agreement was recorded with the original parcel map and CC&Rs. The drive aisle provides for a clear path of travel to a secure and gated storage yard. The Public Works Department has analyzed the project access and has determined the site circulation to be feasible. The Fire Department has also reviewed the plans and determined that there is proper access and circulation to provide emergency services to the site. The site has been designed and conditioned to minimize any negative visual impacts from the street and adjacent industrial properties. The site design appropriately accommodates secure vehicle storage and landscaping. Landscaping The proposed tree and shrub placement will serve to screen onsite parking. Section 17.10.020.N of the Development Code states that total landscaping shall be equal to the required setback areas. No rear or side yard building setbacks are required for storage facilities in industrial zones; however, Section 17.24.050.H of the Development Code does require a minimum five foot landscape area along the perimeter of parking areas. For screening purposes the project provides a ten -foot landscape buffer on the west side of the site and five- foot landscape buffers on all other sides of the site. No interior landscaping is required. GIPLANNINGQ0081PA08-0185 RTA Parking Lot DRPIanning0H Staff Report.doc 2 The project proposes to landscape 6,487 square feet (12.8 percent) of the site, which meets the minimum storage facility standards. The landscape areas include existing, mature Eucalyptus trees on both the west and east sides of the site. New Liquid Ambers have been proposed along the south side and Fern trees along the north side of the site for additional screening. The project provides adequate landscaping based on the Development Code requirements and City of Temecula Design Guidelines. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 22, 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). 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 land use for the site is allowed by the General Plan and Light Industrial zoning designation. The project is consistent with all development regulations, including setbacks, screening, and landscaping requirements for the project. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 1.2 acre site surrounded by existing industrial development to the north, south, east, and west. The project site has no value as habitat for endangered, rare or threatened species. The project site is not known to have value as habitat for endangered, rare or threatened species. The site has not been designated for conservation and the project has been conditioned, in compliance with the Multi -Species Habitat Conservation Program (MSHCP), to conduct a 30-day burrowing owl study prior to ground disturbance. Furthermore, the site is not identified as a potentially sensitive habitat area by the General Plan. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. The project has been reviewed and found to be consistent with the impacts analyzed as part of the General Plan EIR. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. G:\PLANNING\2008\PA08-0185 RTA Parking Lot DP1PIanning\DH Staff Report.doc 3 FINDINGS The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposal is consistent with the General Plan land use designation, and with the standards and all zoning requirements for the Light Industrial zoning district. The Development Code lists storage facilities as permitted uses within in the Light Industrial zone. The proposed project, as conditioned, is consistent with other applicable requirements of state law and local ordinances, including the California Environmental Quality Act (CEQA) and all applicable Fire and Building Codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed site layout for the project has been reviewed utilizing the Citywide Design Guidelines and development standards for storage facilities located in Light Industrial zones. The proposed project meets the standards for circulation, site plan design, and landscaping. The project has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the storage facility will be constructed and function in a manner consistent with the public health, safety and welfare. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing GAPLANNING12008\PA08-0185 RTA Parking Lot DP\Planning\DH Staff Report.doc 4 AERIAL MAP i i Y T x 4 T i r1 �Rk 15 ps L ¢ / 7,t SINGLE OAK OR m GALIFORNIARDIPA pAWCW IV am I PLAN REDUCTIONS \ \ \ Ll \ x j 1 I s Ou0 1 I \ S• W arc D� I` i E!g > f 'I TIME! f I 1 d I 1` i y i z r N tl j t o i �az MiNg�9i�[SI� III Fi�F�tl9fl i I j y I j 1 Rim `-' IC•- I-- -------------- 9 I I , z fill ! _ m I a P e _L...... f s. 9fi ! I f - I — i ! aF! gjtl'tl � 5�} igo .� �i a I gill4 gg CEO ! ,— it ,tltltl it WHI FeF1! !c! f I i � I a9E e II - z (D(v i 0 Go 0 I EI(D z GI 0 O'd, 0 . .. ....... --- - ------ - - ----- w 0 0 0 9 oe e (B (D (D 00*0-000000eSq$e z O (D X x 0 le ------------------------------------- zw ,.zW. z . . . . . . . . . . . . . . . . . . . . . . . . . oo . o . o . o 000 . •. . . . . . . R . . . . . . . . . . . . 2 § ..........|.........| I Hill . .. .. , l... . DH RESOLUTION G:\PLANNINGQ008\PA08-0185 RTA Parking Lot DP\Planning\DH Reso.doc DH RESOLUTION NO. 08- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0185, A DEVELOPMENT PLAN TO CONSTRUCT A SECURE VEHICLE STORAGE YARD ON A 1.2 ACRE SITE LOCATED AT 28071 DIAZ ROAD. THE STORAGE YARD INCLUDES 30 BUS SPACES AND EIGHT TANDEM CAR SPACES TO ACCOMMODATE RTA SERVICE OPERATIONS LOCATED IN ADJACENT OFFICE BUILDING. Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On August 25, 2008, Pfaffl/Richards Development Corp., filed Planning Application No. PA08-0185, a Development Plan Application 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 December 4, 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. PA08-0185 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0185, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0185, hereby makes the following findings as required by Development Code Section 17.05.010.F, Development Plans. A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposal is consistent with the General Plan land use designation, and with the standards and all zoning requirements for the Light Industrial zoning district. The Development Code lists storage facilities as permitted uses within in the Light Industrial zone. The proposed project, as conditioned, is consistent with other applicable requirements of state law and local ordinances, including the California Environmental Quality Act (CEQA) and all applicable Fire and Building Codes. GAPLANNING\2008\PA08-0185 RTA Parking Lot DP\Planning\DH Reso.doc B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed site layout for the project has been reviewed utilizing the Citywide Design Guidelines and development standards for storage facilities located in Light Industrial zones. The proposed project meets the standards for circulation, site plan design, and landscaping. The project has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the storage facility will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application: A. 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 Projects); 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 land use for the site is allowed by the General Plan and Light Industrial zoning designation. The project is consistent with all development regulations, including setbacks, screening, and landscaping requirements for the project. 2. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 1.2 acre site surrounded by existing industrial development to the north, south, east, and west. 3. The project site has no value as habitat for endangered, rare or threatened species. The project site is not known to have value as habitat for endangered, rare or threatened species. The site has not been designated for conservation and the project has been conditioned, in compliance with the Multi - Species Habitat Conservation Program (MSHCP), to conduct a 30-day Burrowing Owl study prior to ground disturbance. Furthermore, the site is not identified as a potentially sensitive habitat area by the General Plan. 4. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. GIPLANNING\2008\PA08-0185 RTA Parking Lot DP\Planning\DH Reso.doc The project has been reviewed and found to be consistent with the impacts analyzed as part of the General Plan E/R. 5. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0185, a Development Plan for a vehicle storage yard, located at 28071 Diaz Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 4th day of December 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, 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 4th day of December 2008. Kathy Simpkins, Secretary G:\PLANNING\2008\PA08-0185 RTA Parking Lot DP\Planning\DH Reso.doc 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.: PA08-0185 Project Description Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT A Development Plan to construct a secure vehicle storage yard on a 1.2 acre site located at 28071 Diaz Road. 921-040-036 Industrial N/A N/A December 4, 2008 December 4, 2010 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. 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. PLA 0. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-11. No servicing or repair of motor vehicles or buses or any similar equipment is permitted with approval. Prior to Issuance of Grading Permit(s) PL-12. 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-13. 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-14. 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-15. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre -grading meeting with Public Works. PL-16. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-sife, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on -site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL-17. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-18. 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-19. 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-20. 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-21. The Landscaping and Irrigation Plans shall include a note stating that "Two landscape site inspections are required: One inspection is required prior to irrigation line trenches being closed for inspection of the irrigation lines and a separate inspection is required for final planting inspection." PL-22. 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-23. 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-24. 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-25. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-26. 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 prior to scheduling for the final inspection. PL-27. 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. 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. 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-3. Obtain all building plans and permit approvals prior to commencement of any construction work. BA. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-5. 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. Prior to Submitting for Plan Review B-6. Obtain street addressing for all proposed buildings or if a metered electrical pedestal is proposed. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-8. Provide appropriate stamp of a registered professional with original signature on plans. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. 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. Prior to Issuance of Building Permits CS-2. 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. Prior to Issuance of Certificate of Occupancy F-2. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. F-3. 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-4. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5, Section 506). POLICE DEPARTMENT General Requirements PD-1. All parking lot lighting surrounding the complex shall be energy saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance, California Government Code 8565. PD-2. All exterior lighting to be in compliance with Mount Palomar Lighting Ordinance 665 requiring low pressure sodium lighting. PD-3. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling 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." 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 $1000 in accordance with Section 8565 of the California Government Code. PD-4. All locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-5. Any graffiti painted or marked upon the walls must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. PD-6. Applicant will comply with the Temecula City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). PD-7. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD-8. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The primary strategies that support this concept are included as conditions below: Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. 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. Gathering or congregating areas 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. g. 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. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Clear lines -of -sight serve to provide such a perception of surveillance. PD-9. Applicant shall ensure that a police Knox Box be installed at the gate for emergency entry. The Knox Box is separate from the Fire Department's Knox Box. The applicant may contact the Crime Prevention Officer at (951) 506-6793 for further purchasing instructions. PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to 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. PW-6. A Water Quality Management Plan (WQMP) shall be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include site design Best Management Practices, (BMPs) source controls, and treatment mechanisms. Prior to Issuance of Grading Permit(s) PW-7. 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-8. 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-9. 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 and pavement sections. PW-10. Percolation Tests and Boring Logs are required to determine if the proposed under ground infiltration system is designed correctly. If the Percolation Tests and Boring Logs do not support the infiltration system design, then an alternate and equivalent treatment system will be designed to meet the WQMP criteria. PW-11. The developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. PW-12. 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-13. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-14. 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-15. 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-16. 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-17. 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. PW-18. The developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. Prior to Issuance of Building Permit(s) PW-19. Final Map shall be approved and recorded PW-20. 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: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard Number 207. c. All street and driveway center line intersections shall be at 90 degrees. d. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. PW-21. 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-22. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. Prior to Issuance of Certificate of Occupancy PW-23. The project shall demonstrate the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-24. 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-25. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. PW-26. 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-27. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR'S HEARING to consider the matter described below: Pfaffl/Richards Development Corp A Development Plan to construct a secure vehicle storage yard on a 1.2 acre site located at 28071 Diaz Road. 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 issued in compliance with CEQA (Section 15332, Class 32, In -Fill Development Projects); Case Planner: Dana Schuma Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: December 4, 2008 Time of Hearing: 1:30 p.m. 0 PAO"165 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 the hearing. Any petition for judicial review of a decision of the Planning Directoris controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6400.