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HomeMy WebLinkAbout052109 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MAY 21, 20091:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, City Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the City Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the City Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the City Planner. 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: 1:30 p.m. PA09-0101 and PA07-0303 Conditional Use Permit and Certificate of Historic Appropriateness Baron Heritage Ranch CUP Otto and Nancy Baron A Conditional Use Permit and Certificate of Historic Appropriateness for the operation of a for-profit museum with associated museum gift shop within the historic Arviso House 28673 Pujol Street CEQA Categorically Exempt per Section 15332, Class 32 In-Fill Development Projects Cheryl Kitzerow/Matt Peters 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 vrill be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the Citys website at www.cityoftemecula.org. R:\Directors Headng\Agendas\2009\05-21-2009 Agenda.doc STAFF REPORT - PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: Mav 21. 2009 PREPARED BY: Matt Peters/Cheryl Kitzerow Case Planners PROJECT A Conditional Use Permit (PA09-0101) and Certificate of Historic DESCRIPTION: Appropriateness (PA07-0303) to allow the operation of a for-profit museum with associated museum gift shop within the historic Arviso House located on 0.48 acres within the Old Town Specific Plan area (Arviso House was recently relocated from 41915 Fourth Street), including the existing 1,023 square foot historic Arviso House, proposed screened porch, attached 702-square foot storage room, and a 206-square foot hospitality cabin and restrooms, located at 28673 Pujol Street RECOMMENDATION: ® Approve with Conditions CEQA: ® Categorically Exempt Section 15332, Class 32 In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Otto and Nancy Baron General Plan Designation: Medium Residential Zoning Designation: Old Town Specific Plan Medium Density Residential Site/Surrounding Land Use: Residential Apartments and Vacant Hillside Site: The Historic Arviso House has been relocated to the proposed site from 41915 Fourth Street (currently on temporary riser blocks). The property was otherwise vacant except for a 70+ year-old shed previous) known to be a blacksmith shop North: Single-Family Residence South: Single-Family Residence East: Apartments West: Vacant hillside Lot Area: 21,049 square feet (0.48 acre) Total Floor Area/Ratio: 2,361 square feet/0.11 FAR for lot Landscape Area/Coverage: 15,863 square feet/0.78 percent for lot Parking Required/Provided: 4 provided/4 required for lot GAPLANNINGt20091PA09-0101 Baron Heritage Ranch CUMPlanning0irector's HearingtSTAFF REPORT - DH.doc 1 BACKGROUND SUMMARY The Historic Arviso House was originally constructed in 1920 by Ventura Arviso as a wood framed residence for his family who were members of the Pechanga Indian Band. Ventura Arviso worked for the Vail Cattle Ranch and together with his wife raised at least four children at this house. The residence stayed within the family until it was purchased in 1996 by the current owner/applicant, Otto and Nancy Baron. Since then, the Barons have remodeled the structure to bring the building into compliance with contemporary building codes in order to allow public access for a retail shop. The applicant utilized the Arviso House as an antique boutique and period mercantile shop called "Kreigers General Mercantile" from approximately 1999 until May 2007 at the northwest comer of Mercedes and Fourth Street. On May 7, 2007, the Arviso House was moved to its current location at 28673 Pujol Street, where it remains on temporary riser blocks until approval of this project. The applicants propose a western themed for-profit museum, "Temecula's Heritage Ranch," at this location. On October 30, 2007, the applicant submitted an application for a Conditional Use Permit and Certificate of Historic Appropriateness for the "Temecula's Heritage Ranch." Pursuant to Section III.C (Land Use Regulations) of the Old Town Specific Plan, a for-profit museum is allowable upon approval of a Conditional Use Permit. In addition, a Certificate of Historic Appropriateness application was required pursuant to Section V (Finding of Historic Appropriateness) of the Old Town Specific Plan for exterior renovations to a historic structure. Proposed renovations to the Arviso House included a new color palette, the addition of a screened porch, a basement and a hospitality cabin. On November 29, 2007, a Department Review Committee meeting was held at City Hall with the applicant; and a comment letter was sent outlining staff's requested revisions to the site plan. Additionally, staff and the applicant had several over-the-counter meetings and telephone conferences to move the project forward through the entitlement process. On February 1, 2008, the applicant re-submitted all plans and staff determined the project was ready to be heard by the Old Town Local Review Board. On March 10, 2008, the Old Town Local Review Board recommended approval of PA07-0302, a Conditional Use Permit for the operation of a for-profit museum (Temecula's Heritage Ranch) and PA07-0303, Certificate of Historical Appropriateness to permit the proposed modifications to the historic Arviso House. On April 3, 2008, both PA07-0302 and PA07-0303 were approved at a Director's Hearing. On March 16, 2009, Otto and Nancy Baron submitted a new Conditional Use Permit application, which contains revisions to the site plan resulting from the applicant's desire to not set the historic building on a basement. Rather, the applicants are proposing to set the building on a slab foundation and add a storage room to the back of the building. In effect, the applicants are proposing to rescind the approval of PA07-0302, Conditional Use Permit and replace with PA09- 0101. In addition, PA07-0303, Certificate of Historical Appropriateness will be amended to reflect the proposed architectural changes. On May 11, 2009, the Old Town Local Review Board reviewed the revised Conditional Use Permit application and recommended approval. The Board recommended a Conditional of Approval be included requiring the cattle skull on the sign post be constructed of rusted metal. GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 2 ANALYSIS Site Plan A site plan has been submitted with the Conditional Use Permit application to plot the proposed location of the Arviso House, porch, hospitality cabin and restrooms, parking, driveway, landscaping and accessibility pathways. The site plan meets the minimum requirements of the development standards for Medium Density Residential (MDR) within the Old Town Specific Plan. Its building lot coverage of 11 percent is well below the maximum permitted lot coverage of 35 percent. In addition, the landscaping/open space coverage exceeds the minimum 25 percent for MDR zoning district. All uses within the MDR zoning district require on-site parking consistent with the Temecula Municipal Code and the project meets the required four spaces based upon 1,126 square feet of museum display (museum and hospitality cabin). An existing legally nonconforming shed that is approximately 70 years old will remain onsite (not for public use). Though the shed is deteriorating, the applicants have agreed, and the project will be conditioned to ensure the shed is restored to maintain an orderly appearance. Access and Circulation The Public Works Department analyzed the projected traffic impact and has determined that there are no significant impacts for this proposed for-profit museum relative to the existing traffic volumes for the surrounding area. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Architecture The existing Arviso House architecture will remain in tact; however, the applicant is proposing an attached screened porch along the southern side towards the rear of the structure. The screened porch will incorporate elements of the main structure, including a matching concrete tile roof (shake style) and complimentary board and baton hardi-plank wood siding along the base. Staff has determined that a porch addition is historically appropriate since the Arviso House previously had a screened porch that was dismantled in the 1990s due to unsafe conditions. A proposal for a 206-square foot "hospitality cabin" (intended for additional museum display) is also planned along the southern side of the Arviso House, directly in front of the proposed screened porch essentially blocking the porch from public view. The hospitality cabin will incorporate design elements of the main structure consistent with western frontier style architecture including a covered front porch with wood braced columns, complementary board and baton wood siding (using hardi-plank for durability) and the same shake-like roofing materials as used on the Arviso House and proposed screened porch. A covered parking canopy with matching roof tiles and wooden columns will extend along the south side of the Hospitality Cabin primarily to display an antique car owned by the applicant. The Old Town Specific Plan, Section IV, indicates that accessory buildings located in residential districts shall incorporate architectural treatments from the main building including siding, surface materials, trim, paint colors and roof materials. Originally, as part of the approval of PA07-0302, the applicant proposed two different color schemes from the Sherwin Williams Preservation Palette to distinguish between the Hospitality Cabin and the Historic Arviso House. Staff GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT- DH.doc 3 recommended that the applicant select either one of the two color schemes to meet the Old Town Specific Plan and to ensure consistency and continuity of the proposed Heritage Ranch. Consistent with the original approval, the main body color of the buildings will be painted Downing Stone (gray) with trim painted Downing Sand and Accents painted Rockwood Dark Brown. Landscaping All pavement proposed for the driveway, parking area and pedestrian pathways will be decorative beige colored concrete. The existing white split rail fencing will line half of the property north of the parking lot connecting with side fencing. The site plan calls out landscaping along the front perimeter of the property and the project has been conditioned to provide additionally enhanced drought-resistant landscaping consistent with the landscape guidelines of the Old Town Specific Plan to ensure an appealing front yard. The back portion of the site shall remain undisturbed consistent with MSHCP requirements. Signage Existing The building signage on the Arviso House was previously reviewed and approved by the Old Town Local Review Board on May 9, 2005 allowing "Dry Goods" and "Variety Store" as depicted on the current plans. The "Kreigers General Mercantile" sign is existing. No additional building signage is being proposed. Proposed Pursuant to Old Town Specific Plan Section III.G.1, signage proposed within the Medium Density Residential Districts shall comply with Development Code Section 17.28.110 (Signs for Institutional and other Permitted Uses in Residential Districts). One freestanding business sign is permissible, no greater than four feet tall. The applicant is proposing an L-shaped sign post capped with a cattle skull. No dimensions have been indicated, therefore, the proposed projecting monument sign is allowable at a maximum four feet in height; and will be conditioned to be fabricated from sandblasted or carved wood. Fonts and colors will be reviewed under a separate permit consistent with Old Town sign design standards. Staff expressed concern regarding the cattle skull and how it fits in with the surrounding residential neighborhood. Per the recommendations of the Old Town Local Review Board, Condition No. PL-28 has been included to require the cattle skull be constructed of rusted metal. Conditional Use Permit A Conditional Use Permit is required for all for-profit museums within the Medium Density Residential (MDR) land use designation of the Old Town Specific Plan. Staff has reviewed the Statement of Operations, Statement of Justification, site plan, architecture, and landscaping plan and has determined the project, as conditioned, meets all City standards (including Development Code and Old Town Specific Plan requirements) to permit the use of a for-profit museum at this location. GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Directors Hearing\STAFF REPORT - DH.doc 4 Certificate of Historical Appropriateness No historic building may be altered without a Finding of Historic Appropriateness. As required by the Old Town Specific Plan, the Old Town Local Review Board reviewed and provided comments on the modifications to the historic structure including a new paint color scheme and a porch addition. The proposed project, as conditioned, is in compliance with the findings for a Certificate of Historic Appropriateness and meets all City standards (including Development Code and Old Town Specific Plan requirements) to permit the proposed modifications to the historic Arviso House. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 9, 2009 and mailed to the property owners within the required 700-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 Projects). Class 32 consists of projects characterized as In-fill Development meeting the conditions described below: 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 project is consistent with the Medium Residential Land Use Designation of the General Plan. The General Plan Medium Residential designation includes certain nonresidential uses which are determined to be compatible with residential areas. A for-profit museum, utilizing a historic house, has been determined to compatible with its surroundings within the Old Town Specific Plan area. The project is consistent with all applicable General Plan policies, and with all applicable zoning designation regulations and standards contained within the Old Town Specific Plan and the Development Code. The project meets all of the Development Standards within the Medium Density Residential zoning district, including all applicable requirements for lot coverage, building setbacks, landscape requirements and parking requirements for projects in the Medium Density Residential land use designation. The proposed project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project for the for-profit museum occurs within City limits on a site that is less than one acre in size. The project is completely surrounded by urban uses (single-family and multi- family apartments), except to the west which is vacant with a landuse designation of Industrial Park. G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 5 The project site has no value for endangered, rare or threatened species The project site is not known to have value as habitat for endangered, rare or threatened species. The project has been evaluated pursuant to Multiple Species Habitat Conservation Plan and there is no value for endangered, rare or threatened species on the project site. The approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The approval of this project is not anticipated to result in any significant effects relating to traffic, noise, air quality or water quality. The for-profit museum is consistent with the General Plan. Any potentially significant environmental impacts have been analyzed and mitigation measures have been adopted as consistent with the findings contained within the General Plan Environmental Impact Report for the City of Temecula. The site can be adequately served by all required utilities and public services. The project site for a for-profit museum can be served by all required utilities and public services as proposed. The appropriate utility services already provide service to all surrounding development. The project has been adequately designed to ensure that all public services will be able to access the site for all necessary services. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Old Town Specific Plan, Development Code and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends approval of the proposed Conditional Use Permit and Certificate of Historic Appropriateness with the attached Conditions of Approval. FINDINGS Conditional Use Permit (17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed for-profit museum is consistent with the Medium Density Residential zone development standards of the Old Town Specific Plan, Development Code, and Medium Residential land use designation and policies reflected for the City of Temecula General Plan. All development standards and general policies have been reviewed and the project, as conditioned, is consistent with the Old Town Specific Plan and Development Code; and also complies with all applicable Building, Fire and City Municipal Codes. 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\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 6 The proposed for-profit museum is compatible with the nature, condition and development of its commercial surroundings without adversely affecting adjacent uses. The for-profit museum will not adversely affect its surroundings as it will be developed according to a historically appropriate design and use consistent with its Old Town surroundings. 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 for the proposed for-profit museum is adequate in size and shape and provides adequate landscaping, yards, parking, loading facilities and buffer areas and, as conditioned, complies with all development standards prescribed in the General Plan, the Old Town Specific Plan and the Development Code and for Medium Density Residential land use designation. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. The nature of the proposed for-profit museum has been adequately conditioned to protect and preserve the public health, safety and general welfare. The conditional use is not anticipated to have a detrimental affect on the community or on the surrounding structures or uses. 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 this conditional use for the for-profit museum has been based upon the analysis of substantial evidence in view of the record as a whole. It has been determined that the proposed conditional use, subject to the Conditions of Approval, is consistent with the City's General Plan, the Old Town Specific Plan, the Development Code and all other applicable ordinances, guidelines and policies. Certificate of Historic Appropriateness (Old Town Specific Plan Section V.F. 7) The proposed structure is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City and is designed for the protection of the public health, safety, and general welfare. The proposed alterations to the historic Arviso structure are consistent with the Medium Density Residential zone development standards of the Old Town Specific Plan, Development Code and Medium Residential land use designation and policies reflected for the City of Temecula General Plan. All development standards and general policies have been reviewed and the project, as conditioned, is consistent with the Old Town Specific Plan and the Development Code. The project also complies with all applicable Building, Fire and City Municipal Codes and has been adequately conditioned to protect and preserve the public health, safety, and general welfare. The proposed structure is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. G:IPLANNINGt2009tPA09-0101 Baron Heritage Ranch CUMPlanning0rector's HearingtSTAFF REPORT- DH.doc 7 The proposed modifications to the historic Arviso structure have been reviewed by the Old Town Local Review Board. The new paint color and porch addition proposals are determined as historically appropriate modifications in conformance with the requirements of the Old Town Specific Plan including the goals, objectives and policies, and architectural guidelines and standards. ATTACHMENTS Vicinity Map Plan Reductions DH Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT- DH.doc 8 VICINITY MAP G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 9 ~O F CO ~CO AG~o l~~0'2 ~~GO ls~ ti~ Project Site F~QO 0 150 tiT 0 0, ❑o O o° Feet O PLAN REDUCTIONS G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT- DH.doc 10 M ~~S~ ~ l~ a11b~ 19ALiWfl961 IliiA6p'~Tq~BI 7i,C12M 1AWi 4 ~ , ~ A g ex 7 Q-- - - M~NYiI 39tl11®M V11p8YVBt 9 ~ ~ @ Q 1 i $ $ i $ $ A 7 g2 d d s R d $ $ p 0 AAAAA AA Zt ~.~~i'~/ ✓ € e g ~¢m 99 ~ ' ~ . 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SINGLE HEIGHT 10' pe rodlv-- L.wMF r os~s to ~e USe +b 1'~ IAm / hOr'*2 ~c~ j [Are^ Vstbt gnat F i Cfn [cvL-A is /gF9)rAGG 9APCN 2a 677 Fvj0 5- ~`~Gt75vb 1, -r"ewbevInj AC Twi-y th4 WU y fl 1 /1 1/ 4 Ii ? a i l 1 Remembering he Temecula that was. DH RESOLUTION GIPLANNING\20091PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 11 DH RESOLUTION NO. 09- A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBERS PA09-0101 (CONDITIONAL USE PERMIT) AND PA07-0303 (CERTIFICATE OF HISTORIC APPROPRIATENESS) FOR THE OPERATION OF A FOR- PROFIT MUSEUM WITHIN THE HISTORIC ARVISO HOUSE, INCLUDING A STORAGE ROOM, SCREENED PORCH, AND HOSPITALITY CABIN, LOCATED ON 0.48 ACRES WITHIN THE OLD TOWN SPECIFIC PLAN AREA AT 28673 PUJOL STREET (APN 922-062-003) Section 1. Procedural Findings. The City Planner of the City of Temecula does hereby find, determine and declare that: A. On March 16, 2009, Otto Baron filed Planning application Number PA09- 0101 (Conditional Use Permit) in order to rescind and replace the original approval of PA07-0302 for the operation of a for-profit museum with associated museum gift shop within the historic Arviso house located on 0.46 acres within the Old Town Specific Plan area at 28673 Pujol Street, and PA07-0303 (Certificate of Historic Appropriateness) was requested to be amended to reflect the proposed architectural changes, 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 City Planner, at a regular meeting, considered the Application and environmental review on May 21, 2009, 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 City Planner approved Planning Application Numbers PA09-0101 and PA07-0303, subject to Conditions of Approval, after finding that the project proposed in Planning Application Numbers PA09-0101 and PA07-0303, conformed to the City of Temecula's General Plan, the Old Town Specific Plan and the Development Code. Section 2. Further Findings. The City Planner, in approving Planning Application Numbers PA09-0101 and PA07-0303, hereby makes the following Findings as required by Development Code Section 17.04.010(E) (Conditional Use Permit) and the Old Town Specific Plan Section V.F.7 (Certificate of Historic Appropriateness); GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\DH Resolution Exempt from CEOA 2008.doc A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed for-profit museum is consistent with the Medium Density Residential zone development standards of the Old Town Specific Plan, Development Code, and Medium Residential land use designation and policies reflected for the City of Temecula General Plan. All development standards and general policies have been reviewed and the project, as conditioned, is consistent with the Old Town Specific Plan and Development Code; and also complies with all applicable Building, Fire and City Municipal Codes. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed for-profit museum is compatible with the nature, condition and development of its commercial surroundings without adversely affecting adjacent uses. The for-profit museum will not adversely affect its surroundings as it will be developed according to a historically appropriate design and use consistent with its Old Town surroundings. 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 for the proposed for-profit museum is adequate in size and shape and provides adequate landscaping, yards, parking, loading facilities and buffer areas and, as conditioned, complies with all development standards prescribed in the General Plan, Old Town Specific Plan and Development Code for Medium Density Residential zoning. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed for-profit museum has been adequately conditioned to protect and preserve the public health, safety and general welfare. The conditional use is not anticipated to have a detrimental affect on the community or on the surrounding structures or uses. 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 this conditional use for the for-profit museum has been based upon the analysis of substantial evidence in view of the record as a whole. GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\DH Resolution Exempt from CEQA 2008.doc 2 It has been determined that the proposed conditional use, subject to the Conditions of Approval, is consistent with the City's General Plan, the Old Town Specific Plan, Development Code and all other applicable ordinances, guidelines and policies. F. The proposed structure is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City and is designed for the protection of the public health, safety, and general welfare; The proposed alterations to the historic Arviso structure are consistent with the Medium Density Residential zone development standards of the Old Town Specific Plan, Development Code and Medium Residential land use designation and policies reflected for the City of Temecula General Plan. All development standards and general policies have been reviewed and the project, as conditioned, is consistent with the Old Town Specific Plan and the Development Code. The project also complies with all applicable Building, Fire and City Municipal Codes and has been adequately conditioned to protect and preserve the public health, safety and general welfare. G. The proposed structure is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards; The proposed modifications to the historic Arviso structure have been reviewed by the Old Town Local Review Board. The new paint color and porch addition proposals are determined as historically appropriate modifications in conformance with the requirements of the Old Town Specific Plan including the goals, objectives and policies, and architectural guidelines and standards. Section 3. Environmental Findings. The City Planner hereby makes the following environmental findings and determinations in connection with the approval of Planning Application Numbers PA09-0101 (Conditional Use Permit) and PA07-0303 (Certificate of Historic Appropriateness): 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 project is consistent with the Medium Residential Land Use Designation of the General Plan. The General Plan Medium Residential designation includes certain nonresidential uses which are determined to be compatible with residential areas. A for-profit museum, utilizing a historic house, has been determined to compatible with its surroundings GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Direclor's Hearing\DH Resolution Exempt from CEQA 2008.doc 3 within the Old Town Specific Plan area. The project is consistent with all applicable General Plan policies, and with all applicable zoning designation regulations and standards contained within the Old Town Specific Plan and the Development Code. The project meets all of the Development Standards within the Medium Density Residential zoning district, including all applicable requirements for lot coverage, building setbacks, landscape requirements and parking requirements for projects in the Medium Density Residential land use designation. 2. The proposed project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project for the for-profit museum occurs within City limits on a site that is less than one acre in size. The project is completely surrounded by urban uses (single-family and mutt-family apartments), except to the west which is vacant with a landuse designation of Industrial Park. 3. The project site has no value for endangered, rare or threatened species. The project site is not known to have value as habitat for endangered, rare or threatened species. The project has been evaluated pursuant to Multiple Species Habitat Conservation Plan and there is no value for endangered, rare or threatened species on the project site. 4. The approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The approval of this project is not anticipated to result in any significant effects relating to traffic, noise, air quality or water quality. The for-profit museum is consistent with the General Plan. Any potentially significant environmental impacts have been analyzed and mitigation measures have been adopted as consistent with the findings contained within the General Plan Environmental Impact Report for the City of Temecula. 5. The site can be adequately served by all required utilities and public services. The project site for a for-profit museum can be served by all required utilities and public services as proposed. The appropriate utility services already provide service to all surrounding development. The project has been adequately designed to ensure that all public services will be able to access the site for all necessary services. GAPLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\DH Resolution Exempt from CE0A 2008.doc Section 4. Conditions. The City Planner of the City of Temecula approves Planning Application Numbers PA09-0101 (Conditional Use Permit) and PA07-0303 (Certificate of Historic Appropriateness) for the operation of a for-profit museum with associated museum gift shop within the historic Arviso house located on 0.48 acres within the Old Town Specific Plan area at 28673 Pujol Street, 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 City Planner this 21 st day of May, 2009 Patrick Richardson, City Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09- was duly and regularly adopted by the City Planner of the City of Temecula at a regular meeting thereof held on the 21 st day of May 2009. Cynthia Lariccia, Secretary G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\PlanningTirector's Hearing\DH Resolution Exempt from CEQA 2008.doc 5 EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0101 Project Description: A Conditional Use Permit (PA09-0101) and Certificate of Historic Appropriateness (PA07-0303) to allow the operation of a for-profit museum with associated museum gift shop within the historic Arviso House located on 0.48 acres within the Old Town Specific Plan area (Arviso House was recently relocated from 41915 Fourth Street), including he existing 1,023 square foot historic Arviso House, proposed screened porch, attached 702-square foot storage room, and a 206-square foot hospitality cabin and restrooms, located at 28673 Pujol Street. Assessor's Parcel No.: 922-062-003 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: May 21, 2009 Expiration Date: May 21, 2011 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)). General Requirements PL-2. 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-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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-5. The City Planner 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-6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. SP-5, Old Town. 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 City Planner. If it is determined that the landscaping is not being maintained, the City Planner shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL-11. The applicant shall submit to the Planning Department for permanent filing two 8"X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL-12. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish ortechnique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Roof Tile Hospitality Cabin Arviso House and Porch Main Body Arviso House and Porch Trim Arviso House and Porch Accents Hospitality Cabin and carport Paint All Concrete COLORNATERIAL Tile concrete roof tile shall be placed upon the hospitality cabin, carport and porch and shall match (replicate) the existing shake style roofing of the historic Arviso house Hardi-plank wood siding (or real wood siding is acceptable) Sherwin Williams Downing Stone SW 2821 Sherwin Williams Downing Sand Sherwin Rookwood Dark Brown SW 2808 Sherwin Williams Downing Stone SW 2821 Beige color PL-13. Trash bins shall, at all times, be located out of public site except on trash days. PL-14. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-15. Regular hours of operation shall be from 10:00 a.m. to 5:00 p.m. daily (the Director of Planning may, upon written request of the applicant, administratively approve a change in hours of operation). PL-16. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-17. The City, its City Planner, 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 City Planner, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its City Planner, 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 orforthe maintenance of any nuisance condition or other code violation thereon. PL-18. Existing three-rail fence shall remain in place. PL-19. Existing onsite metal shed shall be repaired to maintain an orderly appearance acceptable to the Director of Planning. PL-20. Approval of this Conditional Use Permit, PA09-0101, will result in rescinding the approval of PA07-0302, Conditional Use Permit. Prior to Issuance of Grading Permit(s) PL-21. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning prior to issuance of a building permit. PL-22. 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-23. 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 City Planner. PL-24. 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 City Planner 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 City Planner 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 City Planner 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 City Planner." PL-25. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-26. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning prior to issuance of a building permit. PL-27. A separate building permit shall be required for all signage. Monument signage shall be constructed from sandblasted or carved wood and shall not exceed four feet in height. PL-28. The cattle skull on the proposed sign post shall be constructed of rusted metal (bone or concrete to portray bone-like material is not acceptable). PL-29. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-30. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening to be reviewed and approved by the City Planner. PL-31. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-32. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL-33. All site improvements including but not limited to parking areas and striping shall be installed. PL-34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings B-2. 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-3. Provide details of all applicable disabled access provisions and building setbacks on plans. B-4. Provide disabled access from the public way to the main entrance of the building. B-5. Provide van accessible parking located as close as possible to the main entry. B-6. Show path of accessibility from parking to furthest point of improvement B-7. 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-8. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-9. Obtain all building plans and permit approvals prior to commencement of any construction work. B-10. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-11. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6:30 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays or Government Holidays. B-12. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. B-13. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-14. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-15. Provide precise grading plan to verify accessibility for persons with disabilities. B-16. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-17. A pre-construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Certificate of Occupancy CS-4. The applicant shall make arrangements with the City's franchised solid waste hauler to obtain residential trash service (3 bins). 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 Grading F-2. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410. 1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2.3 and City Ordinance 15.16.020 Section E). F-3. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-4. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC Chapter 5, Section 503.2.7 and City Ordinance 15.16.020 Section E). Prior to Building F-5. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacentto the wild land-vegetation interface (CFC Chapter 47). Prior to Occupancy F-6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of twelve (12) inch numbers with suite numbers being a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F-7. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). F-8. Prior to issuance of a Certificate of Occupancy or building final a simple floor plan and plot plan as an electronic file of the DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 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 grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW-5. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm drain system or receiving water. Prior to Issuance of Grading Permit(s) PW-6. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-7. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW-8. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations forthe construction of engineered structures and pavement sections. PW-9. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. PW-10. 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-11. 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-12. 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-13. 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-14. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW-15. 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-16. 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-17. 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-18. Precise Grading 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 207A. c. All street and driveway center line intersections shall be at 90 degrees. 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-19. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW-20. 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-21. The developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. PW-22. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-23. 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-24. 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-25. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. STATEMENT OF OPERATIONS GAPLANNINGUOMPA09-0101 Baron Heritage Ranch CUP\Planning\Directoes Hearing\STAFF REPORT - DH.doc 12 Statement of Operations ❑ Hours and days of operation Open daily 10 A.M. - 5 P.M. Closed Tuesday and Wednesday except by appointment. ❑ Numbers of Employees Owner operated, no additional employees. ❑Average daily peak trips. generated Unknown. - ❑Type of Equipment or processes used Authentic and period materials used, displayed, and described in an historically sensitive manner. ❑ Description of hazardous materials (existing and new) None ❑Other Descriptions that effectively describe proposed use Educational facility, interactive historic site, living history place. STATEMENT OF JUSTIFICATION G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 13 Statement of Justification 1. Is the site suitable and adequate for the proposed use? Yes. The gentle slopping hillside, and immediate surrounding buildings have a real feel of early Temecula. 2. Would the proposed use and design have a substantial adverse effect on traff ic? No, Project is under 5,000 Square feet. 3. Would the proposed use have a substantial adverse impact on the general welfare of persons residing in the community? No. 4. Is the design of the project compatible with the proposed development within the district and it's surroundings? Yes, the Arviso house is already been approved by the city as historically appropriate. NOTICE OF PUBLIC HEARING G:\PLANNING\2009\PA09-0101 Baron Heritage Ranch CUP\Planning\Director's Hearing\STAFF REPORT - DH.doc 14 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: Planning Application Nos. PA09-0101, Conditional Use Permit and PA07-0303, Certificate of Historic Appropriateness Applicant: Otto and Nancy Baron Proposal: A Conditional Use Permit and Certificate of Historic Appropriateness to allow the operation of a for-profit museum with associated museum gift shop within the historic Arviso House located on 0.48 acres within the Old Town Specific Plan area (Arviso House was recently relocated from 41915 Fourth Street), including the existing 1,023 square foot historic Arviso House, proposed screened porch, attached 702-square foot storage room, and a 206-square foot hospitality cabin and restrooms, located at 28673 Pujol Street 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: Matt Peters/Cheryl Kitzerow, Associate Planners, (951) 694-6409 Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: May 21, 2009 Time of Hearing: 1:30 p.m. PA0S-0101 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) 694-6409.