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HomeMy WebLinkAbout111809 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 18, 2009 6:00 PM Kight Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: <RESO NO> A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 4, 2009 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA08 -0117, a Conditional Use Permit and Antenna Facility Application for a cell tower developed as three 35 -foot flag poles with an equipment enclosure located 45100 Redhawk Parkway, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0117, A CONDITIONAL USE PERMIT AND ANTENNA FACILITY APPLICATION FOR A TELECOMMUNICATIONS FACILITY DEVELOPED AS THREE 35' FLAG POLES LOCATED AT 45100 REDHAWK PARKWAY (APN 962- 040 -012) 4 Planning Application No. PA09 -0197, a Development Plan to construct a 16,229 square foot, two -story medical office building on Pad D within Power Center II, located east of Promenade Mall Loop Road, west of Margarita Road, between North General Kearny and Campos Verde, Cheryl Kitzerow /Matt Peters RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0197, A 2 DEVELOPMENT PLAN TO CONSTRUCT A 16,229 SQUARE FOOT, TWO STORY MEDICAL OFFICE BUILDING ON PAD D WITHIN POWER CENTER II, LOCATED EAST OF PROMENADE MALL LOOP ROAD BETWEEN NORTH GENERAL KEARNY AND CAMPOS VERDE (APN 910 -470 -032) 5 Planning Application No. PA09 -0240, a one -year Extension of Time (1st) for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive, Cheryl Kitzerow /Matt Peters RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0240, A ONE -YEAR EXTENSION OF TIME (1ST) FOR THE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT (PA06 -0193) FOR MORNING RIDGE CONDO CONVERSION LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD, ADDRESSED AS 30660 MILKY WAY DRIVE (APN 944 220 -003) 6 Planning Application No. PA09 -0242, the second one -year Extension of Time for PA06- 0118, Home Product Review for (Tract 33630) 10 single- family residences located on Rancho California Road east of Riesling Court, Cheryl Kitzerow /Matt Peters RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0242, THE SECOND ONE -YEAR EXTENSION OF TIME FOR PA06 -0118, HOME PRODUCT REVIEW FOR 10 SINGLE FAMILY RESIDENCES (TRACT NO. 33630) LOCATED ON RANCHO CALIFORNIA ROAD EAST OF RIESLING COURT (APN 953 090 -028) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, December 2, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. 3 NOTICE TO THE PUBLIC 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. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting 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.citvoftemecula.orq. 4 CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes: RECOMMENDATION: RECOMMENDATION: 2.1 Adopt a resolution entitled: REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 4, 2009 6:00 PM Commissioner Harter Carey, Guerriero, Harter, Kight and Telesio 1 Next in Order: Resolution: 2009 -24 1 .1 Approve the Minutes of October 21, 2009 APPROVED 3- 0 -0 -2, MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED APPROVAL, GUERRIERO, KIGHT, ABSTAINED 2 Long Range Planning Project No. LR09 -0020, an update of the City's Water Efficient Landscape Ordinance to be consistent with AB 1881 and the State's Model Ordinance, Dale West APPROVED 5 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PC RESOLUTION 09 -24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS" (LONG RANGE PLANNING PROJECT NO. LR09 -0020) ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 18, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman 2 Patrick Richardson Director of Planning and Redevelopment Date Case No. Proposal Applicant Action October 8, 2009 PA09 -0083 A Major Modification to an approved Development Plan (PA05 -0305) to reduce the building size from 8,642 square feet to 5,200 square feet, located at 29742 Rancho California Road Diagle Architecture APPROVED TO: Planning Commission FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 18, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for October 2009 Attachment: Action Agenda CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM ACTION AGENDA PUBLIC COMMENTS Item No. 1 1:30 p.m. Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 8, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Planning Director 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. C:1Program Files\Neevia.Com\Document Converter \temp1952081.doc PA09 -0083 Major Modification Lyndie Lane Major Modification Daigle Architecture A Major Modification to an approved Development Plan (PA05 -0305) to reduce the building size from 8,642 square feet to 5,200 square feet 29742 Rancho California Road CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Dana Schuma APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: North: South: East: West: Total Floor Area /Ratio: STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION November 18, 2009 Eric Jones, Case Planner Planning Application Number PA08 -0117, a Conditional Use Permit and Antenna Facility Application for a cellular Telecommunications facility developed as three 35' flag poles located at 45100 Redhawk Parkway Approve with Conditions Categorically Exempt Section 15303, Class 3 New Construction or Conversion of Small Structures Monica Moretta, Sequoia Deployment Services Inc. Open Space (OS) Redhawk Specific Plan (SP -9) Site: Existing Golf Club House and Course Open Space Existing Parking Lot Open Space Existing Golf Course Open Space Existing Golf Club House and Course Open Space Existing Parking Lot and Residential Open Space Low Medium Residential Existinq /Proposed Min /Max Allowable or Required 99.97 Acres N/A N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A BACKGROUND SUMMARY On May 22, 2008, Monica Moretta submitted Planning Application PA08 -0117 on behalf of Sequoia Deployment Services. This application originally consisted of a T- Mobile telecommunications antenna disguised as one 50 -foot tall flag pole. After considering several other locations for the facility, the design was changed to incorporate three 35 foot flag poles. 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 applicant is requesting a Conditional Use Permit to construct a wireless telecommunication facility within an existing golf course located at 45100 Redhawk Parkway. The City of Temecula Development Code (Chapter 17.40) stipulates requirements to ensure all telecommunication facilities blend in with their surrounding environment. The project proposed by the applicant has met these requirements and ensured that the mono poles and support equipment are designed in a manner that provides as little impact as possible with the surrounding environment. Antennas for this facility will be placed within three 35 -foot high mono poles disguised as flag poles near the existing golf club house. Flag poles are a common site at many golf course club houses. These flag poles will be located within an existing landscaped area on the west side of the structure. The applicant will place an additional nine shrubs around the base of the antennas to better screen the area. Support equipment for the wireless telecommunications facility will be placed within a new 200 square foot enclosure attached at the southwest corner of the club house. Walls for the enclosure will match the existing structure in texture and color. This matching of finishing materials will provide for an inconspicuous equipment enclosure. The enclosure will also feature a metal gate to allow T- Mobile technicians access to the facility. Staff and the City's telecommunication consultant have reviewed the plans and ensured the project is in compliance with all applicable requirements. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 7, 2009 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 15303 Class 3, New Construction or Conversion of Small Structures. The project consists of the installation of three 35 foot high telecommunication poles disguised as flag poles. In addition, a small equipment enclosure will be constructed at the rear of an existing golf club house. The project is in an urbanized area that has already been developed and is thus not environmentally sensitive. 2 FINDINGS Conditional Use Permits (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with all the requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, the project is in conformance with all requirements of the General Plan. 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. By using a flag pole design as well as placing all support equipment within an enclosure incorporated as part of the existing golf club house, the project is designed to have negligible impact on surrounding uses. 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. Staff has reviewed the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the other applicable sections of the Development Code. As a result, staff has determined that the site for the conditional use is adequate to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The wireless antennas will be disguised as three flag poles. As conditioned by Building and Safety, Fire Prevention, and Police Department the use will not be 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 conditionally approve the use is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A Draft Conditions of Approval Notice of Public Hearing 3 SITE NUMBER: IE04855E SITE NAME: REDHAWK GOLF CLUB SITE TYPE: RAWLAND T -1 TITLE SHEET I TOPOGRAPHIC SURVEY LS -2 BOUNDARY SURVEY SITE PLAN A -2 ENLARGED SITE PLAN A -3 ARCHITECTURAL ELEVATIONS A -4 ARCMTECTURAL ELEVATIONS PLANTING AND IRRIGATION PLAN L -2 LANDSCAPING DETAILS AND SPECIFICATIONS II APPROVALS: 4 vwr O Z CITY: TEMECULA COUNTY: RIVERSIDE JURISDICTION: CITY OF TEMECULA [obile SECTOR )NFIGUR r AZIMUTH CENTERLINE N O* Cga,y RO �l I y m y m CODE CODE CAL COVE ETV CODE NEPA-101 IC CODE CODE N E (DNA EE): APPLICABLE CODES ATION INN v 8 ORMATION v N OF ANTENNAS J 2006 T. THOMAS E N RvERS10E LOU., PAGE: 979 GRID F EJ an z Tu9ax- ss�s -Rxu it ANTENNA MODEL N g ER: 1510YYI COMPANY: VERIZON km/ SCE 1:(451)20 -9490 9 i OME: HOURS GUIDE 4. RIVERSIDE COUNTY R E3 POWER TELCO UTILITY CONTACTS 6 OF COAX LINES H COAX DIAMETER �n oa 6000 GSMNMTS 499/NM15 TECHNOLOGY EP z rh COAX LENGTH SHEET NUMBER T -1 —SHEET TITLE: TITLE SHEET SEAL: CONSULTANT: SEQUOIA t N T Mobile Get more from life 3257 X MAST, P.D. HYPE DO ONTARIO.. 9 re INFORMATION: 1E04855E IEDHAWK GOLF CLUB 451 HAWI4 PARKWAY EM CA 92392 8/20/09 8/14/09 7/31/09 7/31/08 4 /4 /08 1 /18 /011 1/03/08 12/28/07 12/ 17/07 1 7/19/07 DATC 7/13/07 I 900 CONSTRUCTION CLIENT REVISIONS CLIENT REVISIONS 1 UTILITY REVISIONS ORM REVISIONS CLIENT REVISIONS CLIENT REVSION5 CLIENT REVISIONS CLIENT REVISIONS CLIENT REVISIONS DESCRIPTION: CLIENT REVISIONS FAR FAR FAR I FAR I JSM FRF I FRET FRF FRFI BY: FRF 0 cn c 0 33 C m 0 0 F4' I xev 1 ou 1 samon_1,2,1 L'u 111111 1111111111111 InI1M7VEM Ciil.W7MEM 111:11M7711. •11 nal7R .11 nrormw 144 0130213010311002 ii 0 ovrai STEM 1111.0 EIDE h 41111 WIrrIEL611 nn WIIIIHMM Enirminr. 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The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 22, 2008, Monica Moretta (Sequoia Deployment Services) filed Planning Application No. PA08 -0117, a Conditional Use Permit for a wireless facility 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 Planning Commission, at a regular meeting, considered the Application and environmental review on November 18, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08 -0117 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; The proposed use is consistent with all the requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, the project is in conformance with all requirements of the General Plan. 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; By using a flag pole design as well as placing all support equipment within an enclosure incorporated as part of the existing golf club house, the project is designed to have negligible impact on surrounding uses. 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; Staff has reviewed the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the other applicable sections of the Development Code. As a result, staff has determined that the site for the conditional use is adequate to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The wireless antennas will be disguised as three flag poles. As conditioned by Building and Safety, Fire Prevention, and Police Department the use will not be 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 conditionally approve the use is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission 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 (Section15303, Class 3 New Construction or Conversion of Small Structures). The project consists of the installation of three 35 foot high telecommunication poles disguised as flag poles. In addition, a small equipment enclosure will be constructed at the rear of an existing golf club house. The project is in an urbanized area that has already been developed and is thus not environmentally sensitive. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08 -117, A Conditional Use Permit and Antenna Facility Application for a telecommunications facility developed as three 35' flag poles located 45100 Redhawk 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 Planning Commission this 18th day of November 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of November 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA08 -0117 Project Description: Assessor's Parcel No.: 962- 040 -012 MSHCP Category: Exempt DIF Category: NIA TUMF Category: Exempt Approval Date: November 18, 2009 Expiration Date: November 18, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Conditional Use Permit and Antenna Facility Application for a telecommunications facility developed as three 35' flag poles located at 45100 Redhawk Parkway 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 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 instrumentalitythereof, 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 Planning Director 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 -9 (Redhawk). PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. 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 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 staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Equipment Enclosure Wall Match Existing Color and Stucco Texture PL -12. The applicant shall comply with their Statement of Operations dated (Awaiting New Statement of Operations for correct Date), on file with the Planning Department, unless superseded by these Conditions of Approval. PL -13. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -14. 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. PL -15. The project shall fully comply at all times 36 USC 10 et seg ('The Flag Code regarding its display of the U.S. Flag to be flown on the mono -flag pole. The requirements of the Flag Code shall also apply to all three flags to be displayed at this project regardless of the actual flag flown. Prior to Issuance of Grading Permit(s) PL -16. 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 Planning Director 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 Planning Director 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 Planning Director 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 Planning Director." PL -17. 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 -18. 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 -site, 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 -19. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -20. The maintenance /facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed bythe applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -21. Four 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 bythese 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 -22. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi fora 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 third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -23. 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 -24. 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 -25. 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 -26. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will 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 third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant /owner shall contact the Planning Department to schedule inspections. PL -27. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right -of -way equal to 66 feet or larger; and, all landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. PL -28. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -29. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -30. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -31. 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 -32. The applicant shall be required to screen all roof mounted mechanical equipment from view of the adjacent residences and public right -of -ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -33. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. OUTSIDE AGENCIES PL -34. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 6, 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. 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 -3. 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 -4. 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 -5. Obtain all building plans and permit approvals prior to commencement of any construction work. B -6. Show all building setbacks. B -7. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Code 9.20.060 for any site within one quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday- Friday from 7:00 a.m. 6:30 p.m. and Saturday from 7:00 a.m. -6:30 p.m. No work is permitted on Sundays or nationally recognized holidays. B -8. Commercial projects like light standards, and block walls will require separate approvals and permits. Prior to Submitting for Plan Review B -9. Obtain street addressing for all proposed buildings. At Plan Review Submittal B -10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B -12. Provide appropriate stamp of a registered professional with original signature on plans. B -13. A pre- construction meeting is required with the building inspector prior to the start of building construction. COMMUNITY SERVICES DEPARTMENT CS 1. 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. POLICE DEPARTMENT PD -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. Applicant shall ensure all landscaping surrounding the proposed equipment structure and slim line poles are kept at a height of no more than three feet from ground level. Plants, hedges and shrubbery shall be defensible plants to deter would -be intruders from breaking into the structure utilizing lower level entry ways. PD -2. Applicant shall ensure any trees surrounding the structure rooftop be kept at a distance to deter roof accessibility by "would -be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six -foot clearance from the structure. PD -3. Berms shall not exceed three feet in height. PD -4. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through environmental Design (CPTED). PD -5. All existing exterior lighting to the structure must be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -6. All exterior doors shall have their own vandal resistant light fixtures installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -7. All exterior night lighting shall be wall mount light fixtures. PD -8. 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 Title 24, Part 6, of the California Code of Regulations. PD -9. All door and window locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. Any graffiti painted or marked upon the structure shall be removed or painted over within twenty -four (24) hours of being discovered. Report all crimes to the Temecula Police 24 -hour dispatch center at 951 696 -HELP. PD -11. Crime prevention through environmental design (CPTED) as developed bythe 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 nine primary strategies that support this concept are included as conditions below: PD -12. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. PD -13. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi public to private space. PD -14. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. PD -15. 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. PD -16. 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. PD -17. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. PD -18. 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. PD -19. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clean lines -of sight serve to provide such a perception of surveillance. PD -20. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -21. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -22. Contact the Crime Prevention and Plans Unit if you have any questions relating to these conditions at 951 695 -2773. PUBLIC WORKS DEPARTMENT PW -1. 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 -2. All grading and related activities shall conform to the Temecula Municipal Code Title 18, Grading, Erosion and Sediment Control. PW -3. The developer shall obtain an easement for ingress and egress over the adjacent property. C JNTY OF RIVERSIDE COMi•.,iNITY HEALTH AGENCY DEPARTMENT OF E HEALTH City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 6 June 2008 RE: PA08 -0117 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0117 for the Conditional Use Permit and Antenna Facility Application for a cell tower developed as a 50 ft flag pole, under the applicant: T- Mobile Cell Tower Redhawk (Monica Moretta) The development plan application for an unmanned monopole facility with a wall and gate incorporated with the project to conceal equipment located at 45100 Redhawk Parkway. (APN 962 040 -012) Portable water supply and sewerage systems are not normally required. If this condition should change, this department is to be notified for updated recommendations. If your have any questions, please do not hesitate to call me at 951.955.8980 Sin /1/ I regor Dellenbach, REHS EHS080936 Land Use and 'tt er En$ eerirt. JUN 10 2008 i `51! 600 -6180 FAX (951) 600 -6181 Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA08 -0117 Monica Moretta, Sequoia Deployment Services A Conditional Use Permit and Antenna Facility Application for a cell tower facility developed as three 35' flag poles located at 45100 Redhawk Parkway 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 adopted in compliance with CEQA (Section 15303, Class 3, New Construction or Conversion of Small Structures) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers November 18, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission 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 Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, 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) 506 -5115. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Site: North: South: East: West: November 18, 2009 Vacant Total Floor Area /Ratio: 24.7% Landscape Area /Coverage: 28.3% STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION Matt Peters and Cheryl Kitzerow, Case Planners Planning Application Number PA09 -0197, a Development Plan to construct a 16,229 square foot, two story medical office building on Pad D within Power Center II, located east of Promenade Mall Loop Road between North General Kearny and Campos Verde Approve with Conditions Categorically Exempt Section 15300, Class 32 In -fill Development Ed McArdle, McArdle Associates Architects Community Commercial (CC) Temecula Regional Center Specific Plan (SP -7) El Torito Mexican Restaurant La -Z -Boy Furniture Chick -Fil -A Restaurant Mall Parking Lot across the Ring Road Existinq /Proposed 1.5 acres Parking Required /Provided: 385 provided 377 total required for shared parking agreement Min /Max Allowable or Required No Minimum per S.P. (pg. III -57) 0.25 to 1.0 15% BACKGROUND SUMMARY 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 applicant proposes to construct a 16,229 square foot, two story medical building on a previously approved Pad D within Power Center II Shopping Center (PA02- 0605). The Mall Ring Road is located along the western boundary of the project site with El Torito Restaurant immediately to the north, Islands and Chick -Fil -A Restaurants to the east, and a Power Center I I access drive and La -Z -Boy Furniture to the south. The project's proposed building size and site plan design are consistent with the Temecula Regional Center (Mall) Specific Plan and parking lot design approved for the Power Center II Development Plan. The building setbacks meet the requirements of the Specific Plan. A monument sign has been proposed at the drive aisle entrance off the Mall Ring Road. Staff has conditioned the project to require a Sign Program Amendment, which was submitted on October 27, 2009. Architecture The Promenade Mall Specific Plan area includes a mix of architectural styles for the various uses including retail, restaurant, and offices. Buildings incorporate varied materials (stucco finishes, tile, brick, stone, siding, and timbers), varied roof materials (tile, substantial cornices and seam metal), varied colors (earth tones, as well as primary colors) and varied architectural enhancements (canopies, trellises, window awnings, columns). The proposed architecture for the Medical Office Building is consistent with the Development Code and Design Guidelines, and is compatible with other office uses and architectural building types within the Specific Plan area. The exterior architecture is enhanced with the use of travertine tile, natural stone veneer (cleft finish) at the base and generous amounts of glass. The building design includes an enhanced entry with metal canopy overhangs. The building includes various breaks in the wall planes and parapet design and height variations, which, in conjunction with landscaping, breaks up building mass from street view. The variation in building height and materials enhance the appearance of the buildings at a prominent corner at the entry to Power Center II. Landscaping Landscape coverage includes 18,641 square feet or 28.3% of the site, which exceeds the Temecula Regional Center Specific Plan minimum requirement of 15 The landscape plan conforms to the landscape requirements of the Specific Plan and the Design Guidelines. Tree and shrub placement around the perimeter of the building will define the project area as will the selective use of accent trees and shrubs throughout the site. Proposed trees include Olive Trees and Mexican Fan Palms. Proposed shrubs and groundcovers include star jasmine, honeysuckle and day lilies. 2 Access /Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved Power Center II Development Plan and the City General Plan EIR. The Fire Prevention Bureau also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Sixty -six parking spaces are required for the medical office building and 385 spaces will be provided via a shared parking agreement with the center. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 7, 2009 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). FINDINGS Development Plan (Code Section 17.05.010.F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan. The proposed project is also consistent with the use regulations outlined in the Temecula Regional Center Specific Plan, The project has been conditioned by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire 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 Temecula Regional Center Specific Plan, The proposed architecture and site layout for the project has been reviewed utilizing the Development Standards of the Temecula Regional Center Specific Plan. The proposed project has met the performance standards in regards to circulation, architectural design, and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A Draft Conditions of Approval Notice of Public Hearing 4 to CAD TPC II MEDICAL CENTER PAD D MOM WOW Iv I 1 nilli 0 1 til iig t a VW i Ai i nli iii Iii ang., J _o s 1 i 0 I 0 1 c.,■ i 1, II 44 4 4. 0 A t \ti 1 i 4 c.-■ o k t 4 r- 4 I 4 0 4 '4 4 0 '1, n ..1 0 cP C 1 L L TPC II MEDICAL CENTER PAD D sualmoucsa "f 0. c-. k s\ SW '1•01■4 minimum% 1 0.11111 ISM! /1 WO* ra 4, ra 1 7 CORRIDOR PAD D ra wr u hIa,,i�mm�m' mi TPC II MEDICAL CENTER z z 00 o 1 «O w. TPC II MEDICAL CENTER PAD D .61,1. 0,°., WO A li o 0 Jr TPC 11 MEDICAL CENTER PAD D 1.111.4,011.10111111 4 E 5 g a 2 3 0 Y PAD D 31 3i VIP r TPC II MEDICAL CENTER MIME 1 f 9 h; 41 mqm 84 3i FN9E I i A la 14 1 ir Q r 1 i R t 4; z 0 z As m R R 4� $s 00 1 14 a ggg z O 8 iN mo P m x z 0 Z r m m el lit 9 RP Re 22 22 92 El EA EA 1 t 3 �8£ m `fs TPC II MEDICAL CENTER PAD E 1710unvnaw s E a u y co vilact H N N I v P 1 Trim Pb ���ir O 1 �c As mum NO ala05. 14 MALL LOOP ROAD It c I 8 gg -g 1/1F 0 a 0 0 m c D r G) 0 ww. to- .nnmecn- ,.09-on,ft A• e•conc.a -014, 7 /W 9 wee n ra WAMte ..9 IN W1.711i 0 D m 0 m a 0 0 —1 v 0 M H rn 0 H D r rn rn a. 0 C 2 rn milt 4/ I-1 1-4 rri m -4 0 MI rn 0 1--i r 0 1 Cn m r-- cn z -1 0 O N D S Oo r n m O it H m r H m D 1 m O 0 D r n m z m 0 C O J to 3 0 2 O 1 m r m 1 0 m N 1 m r m D 4 0 1 y 0 z O m r r PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0197, A DEVELOPMENT PLAN TO CONSTRUCT A 16,229 SQUARE FOOT, TWO STORY MEDICAL OFFICE BUILDING ON PAD D WITHIN POWER CENTER II, LOCATED EAST OF PROMENADE MALL LOOP ROAD BETWEEN NORTH GENERAL KEARNY AND CAMPOS VERDE (APN 910 -470 -032) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2002 the Planning Commission approved Planning Application No. PA02 -0605, a Development Plan for Power Center II. B. On June 11, 2009, Ed McArdle filed Planning Application No. PA09 -0197 Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 18, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0197 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: 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 land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan. The proposed project is also consistent with the sue regulations outlined in the Temecula Regional Center Specific Plan. The project has been conditioned by the Building Department and Fire Prevention Bureau to comply with all Building and Fire Codes. 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 Temecula Regional Center Specific Plan. The proposed architecture and site layout for the project has been reviewed utilizing the Development Standards of the Temecula Regional Center Specific Plan. The proposed project has met the performance standards in regards to circulation, architectural design, and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations to ensure that the development will be constructed and function in a manner consistent with public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (CEQA, Section 15300, Class 32 In -fill Development); 1. The project site is 1.5 acres in size located in the Power Center II (urban area). The proposed building is consistent with the General Plan, Specific Plan, and zoning designation and can be adequately served by all required utilities and public services. No significant effects relating to traffic, noise, air quality, or water quality will result from approving the project with the proposed Conditions of Approval. 2. The site has been previously disturbed and is not valuable as habitat for endangered, rare or threatened species. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0197, a Development Plan to construct a two story Medical Office Building 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 Planning Commission this 18th day of November 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18 day of November 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA09 -0197 Project Description: Assessor's Parcel No.: 910 470 -032 MSHCP Category: Commercial DIF Category: Office TUMF Category: Class "A" Office Approval Date: November 18, 2009 Expiration Date: November 18, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Development Plan to construct a 16,229 square foot, two -story medical office building on Pad D within Power Center II, located east of Promenade Mall Loop Road between North General Kearny and Campos Verde 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 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 instrumentalitythereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall PL -11. 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 Planning Director 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. 263, Temecula Regional Center SP. PL -7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Temecula Regional Center El R. PL -8. A separate building permit shall be required for all signage. A Sign Program Amendment to the Power Center II Sign Program shall be approved priorto issuance of Building Permits. 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. 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. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -12. 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 -13. 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 -14. 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 staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL Building (main) Natural Stone Veneer Base Natural Stone w /Cleft Finish Building (upper) Smooth Stucco Trim and Cornice Aluminum Accent Window Mullions Window Glazing COLOR Athian Gold Adam Blue ICI Scroll Beige A1790 ICI Sand White A1795 Champagne Bronze Champagne Bronze Crystal Gray PL -15. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. Prior to Issuance of Grading Permit(s) PL -16. 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 -17. Double detector check valves shall be installed internal to the project site at locations not visible from the public right -of -way, subject to review and approval by the Planning Director. PL -18. 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 Planning Director 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 Planning Director 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 Planning Director shall notify the property owner that no further excavation or development maytake place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -19. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -20. The applicant shall submit a photometric plan, including the parking lotto 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 -21. All downspouts shall be internalized. PL -22. Four 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 bythese conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Shortage Contingency Plan per the Rancho California Water District. 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 -23. 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 -24. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi fora minimum period of two hours without loss of pressure, which will require inspection of irrigation installation of open trenches. 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 third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -25. 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 -26. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), and the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -27. 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 -28. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verifythatthe irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure, which will require inspection of irrigation installation of open trenches. 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 third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicantlowner shall contact the Planning Department to schedule inspections. PL -29. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -30. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -31. Roof mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL -32. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three -foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL -33. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to match the style of the building subject to the approval of the Planning Director. PL -34. Building plans shall indicate that all roof hatches shall be painted "International Orange." PL -35. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. PL -36. A Sign Program Amendment to the Power Center II Sign Program shall be approved prior to issuance of Building Permits. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -37. 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 -38. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right -of -ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -39. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -40. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -41. 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 -42. 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 -43. All site improvements including but not limited to parking areas and striping shall be installed. PL -44. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -45. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 26, 2009, a copy of which is attached. PL -46. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 30, 2009, a copy of which is attached. 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 Municipal Ordinance 9.20.060, for any site within one quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 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 and nationally recognized 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 an approved automatic fire sprinkler system. B -14. Developments with multi- tenant buildings or shell buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B -15. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -16. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2007 edition of the California Building Code. B -17. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B -18. Provide precise grading plan to verify accessibility for persons with disabilities. B -19. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B -20. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B -21. A pre- construction meeting is required with the building inspector priorto the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions /Information CS -1. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. CS -2. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. CS -3. The applicant shall comply with the Public Art Ordinance. CS -4. All parkways, landscaping, walls, fences and on -site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit CS -5. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F -1. Prior to Grading 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. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all- weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW (CFC 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 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, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). F -6. Prior to issuance of building permit 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 -7. Prior to issuance of building permit 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. Prior to Occupancy F -8. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020 Section E). F -9. 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 bythe Fire Prevention Bureau (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F -10. 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 -11. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs (CFC Chapter 5, Section 503.3). F -12. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact Fire Prevention for approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed bythe 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. PW -11. PW -12. 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. 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. 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. 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. 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 -15. PW -16. PW -17. PW -18. PW -19. PW -21. PW -22. PW -23. PW -24. 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. 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) 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 overA.C. paving. b. 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. 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. 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 -20. The developer shall obtain an easement for ingress and egress over the adjacent property. 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. 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 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. 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. 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 -26. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. June 26, 2009 COUNTY OF RIVERSIDE COMM*TY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Depai Intent Attn: Cheryl Kitzerow, Planner P.O. Box 9033 Temecula CA 92589 -9033 RE: PA09 -0197 Dear Ms. Kitzerow: D ECEOVIED JUL JUL The Department of Environmental Health has reviewed the application for the above project and has the following comments. Water and Sewer Availability 1. A "Will- Serve" letter from the agency(ies) that will be providing potable water (i.e. Rancho California Water District) and sanitary sewer service (i.e. Eastern Municipal Water District) will be required. 2. If applicable, all existing septic system(s) and /or well(s) must be properly abandoned or removed under permit with the Depaitinent of Environmental Health (DEH). Please contact DEH, Land Use and Water Engineering at (951) 955 -8980 for further information. For any Food Facilities and Swimming Pool(s) 3. Food facilities: a total of three (3) complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. 4. Swimming pool(s) and spa pool(s): a total of three (3) complete sets of plans for each pool must be submitted for review and approval. Food facility and pool /spa plans should be submitted to: Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461 -0284. Plan Check fees are required. Hazardous Materials Business Plan 5. The facility may require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site Local Enforcement Agency P.O. Box 1280, Riverside, CA 92502 -1280 (951) 955 -8982 FAX (951) 781 -9653 4080 Lemon Street. 9th Floor, Riverside, CA 92501 Land Use and Water Engineering P0. Box 1206. Riverside, CA 92502 -1206 (951) 955 -8980 FAX (951) 955 -8903 4080 Lemon Street. 2nd Floor. Riverside. CA 92501 Cheryl Kitzerow, Planner City of Temecula June 26, 2009 indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. Contact the Hazardous Materials Management Division, at (951) 358 -5055 for any additional requirements. If you have1iy questions regarding this letter please contact me at (951) 955 -8980. Sin Michael Mistica, R.E.H.S. Environmental Health Specialist IV 2 R) Rancho Water Board of Directors Ralph H. Daily President Lisa D. Herman Sr. Vice President Stephen J. Corona Ben R. Drake John E. Hoagland Lawrence M. Libeu William E. Plummer Officers: Matthew G. Stone General Manager Phillip L. Forbes, CPA Assistant General Manager Treasurer Perry R. Louck Director of Planning Andrew L. Webster, P.E. Acting District Engineer Jeffrey D. Armstrong Chief Financial Officer Kelli E. Garcia District Secretary C. Michael Cowett Best Best Krieger LLP General Counsel June 30, 2009 Cheryl Kitzerow, Project Planner Matt Peters, Project Planner City of Temecula Post Office Box 9033 Temecula, CA 92589 -9033 l E Eu v E I JUL 1 SUBJECT: WATER AVAILABILITY POWER CENTER II MEDICAL OFFICE DP, 40905 BLOCK OF MARGARITA ROAD (PAD E), PARCELS NO. 5 AND NO. 6 OF PARCEL MAP NO. 31639; APN 910 470 -032 [CITY OF TEMECULA] Dear Cheryl and Matt: Please be advised that the above referenced project/property is located within the service boundaries of Rancho California Water District (RCWD). The subject project/property fronts an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within the existing 30' wide drive aisle. Water service to the subject project/property does not exist. Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Where private (on -site) facilities are required for water service, fire protection, irrigation, or other purposes, RCWD requires recordation of a Reciprocal Easement and Maintenance Agreement for such on -site private facilities, where private on -site water facilities may cross (or may be shared amongst) multiple lots /project units, and/or where such `common' facilities may be owned and maintained by a Property Owners' Association (proposed now or in the future). Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project /property development relative to water supply shortage contingency measures (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances). As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. 1 Rancho California Water District 42135 Winchester Road Post Office Box 9017 Temecula, California 92589 -9017 (951) 296 -6900 FAX (951) 296 -6860 www.ranchowater.com Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Notice of Public Hearing PA09 -0197 Ed McArdle, McArdle Associates Architects A Development Plan to construct a 16,229 square foot, two story medical office building on Pad D within Power Center 11, located east of Promenade Mall Loop Road between North General Kearney and Campos Verde 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 adopted in compliance with CEQA (Section 15300, Class 32, In -fill Development) Matt Peters and Cheryl Kitzerow, Associate Planners, (951) 694 -6409 City of Temecula, Council Chambers November 18, 2009 6:00 p.m. Notice of Public Hearing Any person may submit written comments to the Planning Commission 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 Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, 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) 951- 694 -6409. DATE OF MEETING: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: BACKGROUND SUMMARY LEGAL NOTICING REQUIREMENTS STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION November 18, 2009 Cheryl Kitzerow, Case Planner Sandra Parmley for Battaglia Inc. Planning Application Number PA09 -0240, a one -year Extension of Time (1st) for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive RECOMMENDATION: Adopt Resolution to Approve with Conditions Planning Application No. PA09 -0240, submitted by Sandra Parmley of Battaglia Inc., is a request for the first Extension of Time for a previously approved Development Plan and Conditional Use Permit, Planning Application No. PA06 -0193, known as Morning Ridge Condo Conversion. The Development Plan and Conditional Use Permit were originally approved by the Planning Commission on August 29, 2007, in conjunction with Planning Application No. PA06 -0192 (Tentative Tract Map No. 34907). The applicant would like to request an Extension of Time due to the economic downturn to allow time for the residential sales market to improve. The associated Tentative Tract Map has been automatically extended to August 29, 2013 as a result of California State Legislation (AB 333 and SB 1185). The originally approved project included a one -lot Tentative Tract Map for Condominium Purposes (PA06 -0192) and a Development Plan and Conditional Use Permit (PA06 -0193) to convert 200 existing apartment units to for -sale condominium ownership units. The project site is located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive ("Morning Ridge Apartments Pursuant to Section 17.05.010.H of the Temecula Development Code, the applicant filed for an Extension of Time. No changes to the originally approved Development Plan or Conditional Use Permit are being proposed as part of this extension of time application. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. Notice of the public hearing was published in the Californian on November 7, 2009 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 (CEQA Section 15301, Class 1, Existing Facilities). RECOMMENDATION Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable Ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Extension of Time based upon the findings and with the attached Conditions of Approval. ATTACHMENTS Vicinity Map PC Resolution Exhibit A Conditions of Approval Notice of Public Hearing 2 4 84. R MI "Pk" oat 1111111j IMO Q 1. fr a Ht� s�c+1I.IeT Ea X11 j/1 X11111111: 1, tie e bOrtj 41 :V. 1 ra I III 4V -N A i i v f (6 r‘fii- 1 iv Project Site ell II* 0 iv 411bA l at* �j wook Fit l �1111111 160 320 640 060 1,2;0 Feet PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0240, A ONE -YEAR EXTENSION OF TIME (1ST) FOR PA06 -0193, DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR MORNING RIDGE CONDO CONVERSION LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD, ADDRESSED AS 30660 MILKY WAY DRIVE (APN 944- 220 -003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 27, 2007 the Planning Commission approved Planning Application No. PA06 -0193, a Conditional Use Permit and Development Plan to convert 200 apartment units into condominiums and PA06 -0192 associated one -lot Tentative Tract Map No. 34907. B. On October 15, 2008, the Planning Commission approved Planning Application No. PA08 -0166, a Minor Modification to PA06 -0193, Morning Ridge Condominium Conversion, to reduce the private storage space per unit to accommodate washer and dryer units on private patios. C. On July 29, 2009, Sandra Parmley on behalf of Battaglia Inc., filed Planning Application No. PA09 -0240, Extension of Time Application, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 18, 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. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0240 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Extension of Time for Development Plan (Code Section 17.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of Sate law and other Ordinances of the City; The Extension of Time application is consistent with the original project. The proposal is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. The existing residential apartment complex would be converted to ownership condominium units under this proposal. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Extension of Time application is consistent with the original project. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Extension of Time for Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The Extension of Time application is consistent with the original project. The proposal for converting 200 existing residential units to condominium units is consistent with the land use designation and policies reflected for the High Density Residential (H) land use designation within in the City of Temecula's General Plan, as well as the development standards for the High Density Residential (H) zone of the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed for -sale residential condominium use. 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 Extension of Time application is consistent with the original project. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed condominium use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The project will convert existing apartments into for sale residential condominiums. Adjacent uses include single family residences which is compatible. 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 the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The Extension of Time application is consistent with the original project. Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements with the exception of private open space and private storage space. Each unit includes private usable open space (porches or balconies) which range in size from 67 square feet to 72 square feet. All of the 200 units do not meet the Development Code requirement for 150 square feet of private open space per unit. In order to compensate for this, staff has required the provision of additional on -site amenities, as described above. Each unit includes private storage space which ranges in size from 110 to 112 cubic feet, less than the required 150 cubic feet per unit. With the additional amenities, staff does not believe this is an issue of concern since the proposal involves an as -built condition and the requirement for additional private open space and private storage space are not a health and safety issue. As constructed and with the proposed amenities, the project meets the intent of the Development Code with regard to open space and providing fora positive quality of life. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The Extension of Time application is consistent with the original project. Staff has reviewed the proposed condominium use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. 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; Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time 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 Project involves converting 200 existing residential apartment units into for -sale condominium units. No expansion of use is proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0240, a one -year Extension of Time (1st) for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive, 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 Planning Commission this 18th day of November 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of November 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA09 -0240 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL The first Extension of Time for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive 944 220 -001, -002, -003, -004 NIA NIA NIA November 18, 2009 August 27, 2010 (consistent with original approval) PL -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. PL -2. 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 -3. This approval shall be used within one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -4. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 2 additional one -year extensions of time, one year at a time. BUILDING AND SAFETY DEPARTMENT B -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. 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. FIRE PREVENTION F -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. F -2. Existing Conditions of Approval will be revised to reflect the current codes adopted by the state and by the City of Temecula. Conditions of Approval that have been issued are for PA06 -0193. The extension of time is approved by the Fire Department. COMMUNITY SERVICES CS -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. PUBLIC WORKS PW -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below Case No: PA09 -0240 Applicant: Sandra Parmleyfor Battaglia, Inc. Proposal: A one -year Extension of Time (1st) for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive 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 adopted in compliance with CEQA Section 15301, Class 1, Existing Facilities Case Planner: Cheryl Kitzerow or Matt Peters, (951) 694 -6409 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 18, 2009 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission 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 Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, 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. DATE OF MEETING: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: RECOMMENDATION: Adopt Resolution to Approve with Conditions BACKGROUND SUMMARY STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION November 18, 2009 Cheryl Kitzerow, Case Planner Randy Allison Planning Application Number PA09 -0242, the second one -year Extension of Time for PA06 -0118, Home Product Review for 10 single family residences (Tract No. 33630) located on Rancho California Road east of Riesling Court Planning Application No. PA09 -0242, submitted by Randy Allison, is a request for the second one -year Extension of Time for a previously approved Development Plan, Planning Application No. PA06 -0118, known as Temecula 10. The Development Plan was originally approved by the Planning Commission on August 2, 2006, in conjunction with Planning Application No. PA05- 0176 (Tentative Tract Map No. 33630). The applicant would like to request an Extension of Time due to the economic downturn to allow time for the residential sales market to improve. The associated Tentative Tract Map has been automatically extended to August 2, 2012 as a result of California State Legislation (AB 333 and SB 1185). The originally approved project included Residential Home Product Review to construct ten single family homes (PA06- 0118), associated with Planning Application No. PA05 -0176, Tentative Tract Map No. 33630, to subdivide 3.71 acres into ten single family lots and three open space lots with a minimum lot size of 7,200 square feet consistent with the Low Medium Residential zoning district. The proposed two -story homes include two plan types each with a Tuscan and Spanish elevation and range in size from 3,358 square foot to 3,483 square feet. Pursuant to Section 17.05.010.H of the Temecula Development Code, the applicant filed for an Extension of Time. No changes to the originally approved Development Plan are proposed as part of this extension of time application. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 7, 2009 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 (CEQA Section 15332, Class 32 In -fill Development). RECOMMENDATION Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable Ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Extension of Time based upon the findings and with the attached Conditions of Approval. ATTACHMENTS Vicinity Map PC Resolution Exhibit A Conditions of Approval Notice of Public Hearing 2 i *ow. WO% V wok 0 1 41 ill bi I- lititom El V 11. vo I No EOS 00 00 ro 11111( 1 Tas r' �ao w. IN I/i 041* .1 1 11 OREGT 1 i sum 111 111 G Panii-- 4 r ps goo- Iwo a 0, <t 4 Oil Ifti, OS SIS G J3 SN 4 Itl IRf fi g' sT kke-a G Pi r N-ve,ti =F 4. 4... Ofm.W. 4- P v1 0. t, Wry b r41.1 5 v. lb. g! 0 ow* 1 YAL=OP ROYA L-BSR� A D pRSEO 1 Ato ma. Ka 4.4 r 1 to m■-■ °Agog 0 0,• 6..411, ■i fts t 1,a0 —60R CO RT E1), All■ 41B F I* J \5 jP 4.1 CAMIIVO NUNEZ PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0242, THE SECOND ONE -YEAR EXTENSION OF TIME FOR PA06 -0118, HOME PRODUCT REVIEW FOR 10 SINGLE FAMILY RESIDENCES (TRACT NO. 33630) LOCATED ON RANCHO CALIFORNIA ROAD EAST OF RIESLING COURT (APN 953 -090 -028) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 2, 2006, the Planning Commission approved Planning Application No. PA 06 -0118, a Development Plan to construct ten single family homes associated with Tract No. 33630. B. On October 15, 2008, the Planning Commission approved Planning Application No. PA08 -0170, the first one -year Extension of Time for Planning Application No. PA06 -0118. C. On July 31, 2009, Randy Allison, filed Planning Application No. PA09- 0242, Extension of Time Application, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 18, 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. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0242 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Extension of Time for Development Plan (Code Section 17.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of Sate law and other Ordinances of the City; The Extension of Time application is consistent with the previously approved Development Plan. The proposed single family homes are in conformance with the Low Medium land use designation of the General Plan. The project density of 2.7 dwelling units per acre is also within the 3 -6 dwelling units per acre for this land use designation. The project design and architecture is consistent with the City's Development Code and Design Guidelines. The site, as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), and Fire and Building Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Extension of Time application is consistent with the previously approved Development Plan. The overall design of the single family project, including the site layout, architecture, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time 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); 1. The project is consistent with Low Medium (LM) General Plan and Zoning designations. It is within City limits and less than five acres (project site is 3.71 acres). No habitat or sensitive species are located on site. 2. Approval of the project would not result in significant effects relating to traffic, noise, air quality or water quality. All utilities are available. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0242, the second one -year Extension of Time for PA06 -0118, Home Product Review for 10 single family residences (Tract No. 33630) located on Rancho California Road east of Riesling Court, 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 Planning Commission this 18th day of November 2009. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Stanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of November 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA09 -0242 Project Description: Assessor's Parcel No.: 953- 090 -028 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: November 18, 2009 Expiration Date: August 2, 2010 (consistent with original approval) PLANNING DEPARTMENT General Requirements PL -1. EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL The second one -year Extension of Time for PA06 -0118, Home Product Review for 10 single family residences (Tract No. 33630) located on Rancho California Road east of Riesling Court Unless modified herein, the Conditions of Approval provided for PA06 -0118 (Development Plan /Home Product Review) and PA08 -0170 (First Extension of Time) shall remain in effect. PL -2. 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 -3. This approval shall be used within one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -4. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 1 additional one -year extension of time, one year at a time. Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA09 -0242 Randy Allison The second one -year Extension of Time for PA06 -0118, Home Product Review for 10 single family residences (Tract No. 33630) located on Rancho California Road east of Riesling Court 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 adopted in compliance with CEQA Section 15132, Class 32 In -fill Development Cheryl Kitzerow or Matt Peters, (951) 694 -6409 City of Temecula, Council Chambers November 18, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission 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 Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, 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.