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Home My WebLink About120210 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING December 2, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive � Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Planning Director PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state vour name and address. Item No. 1 1:30 p.m. � Project Number: PA10-0275 and PA10-0276 Project Type: Major Modification and Conditional Use Permit Project Title: Shell Car Wash Applicant: Ahmad Ghaderi Project Description: A Major Modification and Conditional Use Permit to construct and operate a 756-square foot self-service car wash at an existing Shell Gas Station Location: 29750 Rancho California Road Environmental Action: Exempt per CEQA Section 15332, Class 1 In-Fill Development Project Planner: Eric Jones Item No. 2 Project Number: PA10-0263 Project Type: Major Modification � Project Title: 99 Cents Only Stores Applicant: Douglas Digison Project Description: A Major Modification to an existing building for a 99 Cents Only Store (a portion of the former Ralph's store in Winchester Meadows Shopping Center) with exterior fa�ade modifications including changes to the storefront faCade, and construction of a new trash enclosure and exit ramp system Location: 40355 Winchester Road Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities Project Planner: Matt Peters The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet 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. R:\Directors HearingWgendas\2010\12-02-10 Agenda.doc � ITEM 1 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: December 2, 2010 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Nos. PA10-0275 and PA10-0276, a Major SUMMARY: Modification and Conditional Use Permit to construct and operate a 756-square foot self-service : car wash at an existing Shell gas station located at 29750 Rancho California Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Ahmad Ghaderi General Plan Community Commercial (CC) Designation: Zoning Designation: Community Commercial (CC) Existing Conditions/ Land Use: Site: Existing Gas Station/Community Commercial (CC) North: Existing Office/Community Commercial (CC) South: Rancho California Road, Existing O�ce/Professional Office (PO) East: Lyndie Lane, Existing Commercial/Community Commercial (CC) West: Existing Commercial/Community Commercial (CC) Existinq/Proposed Min/Max Allowable or Required Lot Area: 55,289 Square Feet 30,000 Square Feet Minimum Total Floor Area/Ratio: .15 .30 Landscape Area/Coverage: 26% Proposed 20% Minimum Parking Required/Provided: 25 Existing 13 Minimum G:\PLANNING�2010\PA10-0275 Shell Car Wash MOD\Planning\Hearing\STAFF REPORT.doc �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 project features a 756-square foot car wash attached to the north side of an existing gas station along Rancho California Road. This location is appropriate considering that an existing convenience store as well as a gas pump canopy occupies much of the site. Good overall vehicular circulation will be maintained at the site with the addition of the car wash. An existing paved drive isle wraps around the west and north side of the convenience store. This drive isle will be used exclusively for vehicles entering and exiting the car wash. Access to the site and parking will not be impeded as a result of the project. The car wash is of a design typical to gas stations in that customers remain in their cars while an automated machine completes the washing and drying of the vehicle. Architecture The car wash has been designed to aesthetically integrate with the existing gas station and on- site convenience store. The overall design theme of the car wash incorporates basic Spanish architectural elements. These elements include a Spanish clay tile roof and exposed rafter tails. The car wash will be painted to match the existing structure to which it is attached. Minor Conditional Use Permit Per the City of Temecula Development Code (Section 17.10.020.G), all full-service and self- service car washes within commercial districts shall require a Conditional Use Permit. The Development Code also requires that wash bays and vacuum areas shall be screened from public view. The wash bay will be attached to the rear of the existing structure and designed to look as though it is an original element of that structure. Vacuum areas will be located near the existing water and air stations. This area is at a lower grade than the public right-of-way and thus shielded from view. The Development Code also indicates that car wash facilities may operate between the hours of 7 a.m. through 10 p.m. A Condition of Approval has been placed on the project to ensure the car wash is in compliance with these hours. In addition, the Development Code also stipulates that car washes must be located a minimum of two hundred feet from residential districts. The proposed car wash is located approximately 205 feet from the nearest residential district. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 19, 2010 and mailed to the property owners within the required 600-foot radius. G:\PLANNING\2010\PA10-0275 Shell Car Wash MOD\Planning\Hearing\STAFF REPORT.doc ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. (Section 15332, Class 32 In-Fill Development Projects). The project will be constructed within City limits and is consistent with the applicable General P/an and zoning designations and all applicab/e policies. Further, the project sife has no value as habitat for endangered, rare or threatened species nor will it resu/t in any significant effecfs relating to traffic, noise, air quality, or water quality. An existing paved drive isle will be utilized to provide ingress and egress to the car wash facility. As a resu/t, unimproved land will not be impacted by the project. In addition, the site can be adequately served by all required utilities and public services. FINDINGS Major Modifications (Section 17.05.030.E) . 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 modification is for the construction of a 756-square foot car wash that will be attached fo an existing gas station structure. Car washes are permitted with the approval of a Conditional Use Permit for which the applicant has applied. The modification has been reviewed and conditioned to ensure it is in conformance with the General Plan of Temecula, State /aw, and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The City of Temecula P/anning, Fire, Building and Safefy and Public Works departments have reviewed and conditioned the project to ensure that it will not be detrimenta/ to the health, safety and we/fare of the community. Furthermore, fhe proposed project is consistent wifh the requirements outlined in Chapter 17.04.010 of the City of Temecu/a's Development Code, and the project is consistent with the current Building and Fire Codes, which contain provisions to protect health, safety, and general welfare of the community. Conditional Use Permit (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed modification is for the construction of a 756-square foot car wash that will be attached to an existing gas station structure. Car washes are permitted with the approval of a Conditiona/ Use Permit. The Conditional Use Permit has been reviewed and conditioned to ensure it is in conformance with the General P/an and Development Code of Temecula. 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. G:\PLANNING�2010\PA10-0275 Shell Car Wash MOD\Planning\Hearing\STAFF REPORT.doc The proposed car wash will be constructed as an attachment to an existing gas station. Gas stations with ancillary car wash facilifies are common. The project site is zoned Community Commercial (CC) and parcels to the north, south, west and east are a/so zoned Community Commercial (CC). An area zoned High Density Residential (H) is located to the northeast, however, the car wash meets the minimum distance requirements from this zone per the Development Code. The project has been reviewed and conditioned to ensure that it is compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the proposed conditiona/ use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City Council in order to integrate the use with other uses, in the neighborhood. The proposed conditiona/ use will be located on a parcel with an existing gas station. The project has been reviewed to ensure that it meets all code requirements with regards to yards, walls, fences, parking and /oading facilities, buffer areas, landscaping, and other development features. The use will integrate with other uses in the area. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The City of Temecu/a Planning, Fire, Building and Safety and Public Works departments have reviewed and conditioned the projecf to ensure that it will not be detrimental to the health, safety and we/fare of the community. Furthermore; the proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecu/a's Development Code, and the project is consistent with current Building and Fire Codes, which contain provisions to protect the health, safety, and general we/fare of the community. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application for the Conditional Use Permit will be based on subsfantia/ evidence in view of the record as a whole before the Director of P/anning. ATTACHMENTS Vicinity Map Plan Reductions � Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2010\PA10-0275 Shell Car Wash MOD\Planning\Hearing\STAFF REPORT.doc VICINITY MAP ' � 0 � c� , v 0 I ' PA10-0275 �''NO, 1 i , 1 O � Go � \N PS P `' O�' J�P'� �?'��,. � '°`-------___-��_ I � 25� 50� Feet PLAN REDUCTIONS �, ` �1 � �� DIRECTIONAL ARROW/ GRAPHIC SCALE ��a s. 1 �y� � � ER \ �\ � � \� Z � \ `� � ` �, m ........-- - - � -- --- __� .............._....... ._....___......-- - - -- - -- -�-- -........... � �� @ �t, Q ...._......._.. -... - _ - -- - -- -- - - .............................._._.,, • � . .�•_ • ;_. \, �\ � g m �� c � r\ ''. � I ..........___ 4 _.._.._._.._.._._.._.._...._.._.._.,_..',-.._.._.._. ssesrs>•. _.. � . _._.._._._._.. .�.__.._._._._._.._._._.._., ._ ............ ........._............._ B . .f6f9> . . . �.. � \ YO 0 � I i ] d',"�..� Q /�. \\\ �i� � ! 9 �5.�" • '.}0'-0' f � ,Qe fn ....__.".._.'._..... ...._I " � .__.. ..'.."._.. .. ....... .._....._._..._.._. �..`.,` I � � ......._' " _" ""'__"""'_ _cueuvcn.r�rt. _ - ..F � .. 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C4�mx .r.1\"'� ,1;� �� > — �. � PERCEt�inGEOiSIiEtnNOSCAPED169. ..r.o.s i.�m5� .� 's.r. w � s ? - :. ��*'E ,aRs:::g�a,u. .s_ .. � �� . _ � _ i 2 3 4 �s.�� fr. �,�,��'� ' EXISTING TREE SCHEDULE � � � _.�.. 5 . ., . � Y - _. . _ _ _ ._. _... ._ _ ._. � Q _. ._ . _ . vo Ao�.,K. v.�.< <o .,,. o ,,,,.M � �.ws�.�. _ _. , u�.,,ha.�E,.ou �.��.� .�.r-�:m�.�l O� t -.. .__. U _.. ..... ..._ \ -- -- -.. ,- ,.z�.�. �,.�,. � � _.. __ _.. _. ., , ,�.:.,,na.«��,. �.��f�o�,�=.�.��E ,�.,� � _. _._. _, ou „z, , O = U � ��. U z R A N C H O C A L I F O R N � � Q� � - _ - - _ � 'q R O q p �— � e �u o�,�u�.�� O � U � . - - _ _ wo�..��Ea. <,�do��M�.��.�M � O w z - �a�,a�a�FE>� w � � � �>� � uMOxe � Cy ~ � $CALE: I 0 I REVLSIONS C�l�o+run rnrv apiiu. . �. ♦�iO��una � � ISSUEDiO PERMIi c000 ..r�� woM��ro�,,,�. z> ��. L 1.0 �o,,. P�� c`ossY o=rvn inr+oscnvE wveNroer aur+ DH RESOLUTION DH RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10-0275 AND PA10-0276, A MAJOR MODIFICATION AND CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A 756- SQUARE FOOT SELF-SERVICE CAR WASH AT AN EXISTING SHELL GAS STATION LOCATED AT 29750 RANCHO CALIFORNIA ROAD (APN 921-760-001) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On September 15, 2010, Ghaderi Ahmad, filed Planning Application Nos. PA10-0275, a Major Modification Application and PA10-0276, a Conditional Use Permit in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on December 2 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an ' opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application Nos. PA10-0275 and PA10-0276 subject to Conditions of Approval, after finding that the project proposed in Planning Application Nos. PA10-0275 and PA10-0276, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application Nos. PA10-0275 and PA10-0276, hereby makes the following findings as required by Section 17.05.030.E (Major Modifications) and Section 17.04.010.E (Conditional Use Permits). Section 17.05.030.E Major Modifications 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 modification is for the construction of a 756-square foot car wash that will be attached to an existing gas station structure. Car washes are permitted with the approval of a Conditional Use Permit for which the applicant has applied. The modification has been reviewed and conditioned to ensure it is in conformance with the General Plan of Temecula, State law, and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The City of Temecula Planning, Fire, Building and Safety and Public Works Departments have reviewed and conditioned the project to ensure that it will not be detrimental to the health, safety and welfare of the community. Furthermore, the proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City. of Temecula's Development Code, and the project is consistent with current Building and Fire Codes, which contain provisions to protect the health, safety, and general welfare of the community. Section 17.04.010.E Conditional Use Permit C. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed modification is for the construction of a 756-square foot car wash that will be attached to an existing gas station structure. Car washes are permitted with the approval of a Conditional Use Permit. The Conditional Use Permit has been reviewed and conditioned to ensure it is in conformance with the General Plan and Development Code of Temecula. D. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed car wash will be constructed as an attachment to an existing gas station. Gas stations with ancillary car wash facilities are common. The project site is zoned Community Commercial (CC) and parcels to the north, south, west and east are also zoned Community Commercial (CC). An area zoned High Density Residential (H) is located to the northeast, however, the car wash meets the minimum distance requirements from this zone per the Development Code. The project has been reviewed and conditioned to ensure that it is compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the proposed conditional use will not adverse/y affecf the adjacent uses, buildings or structures. E. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; � The proposed conditional use will be located on a parce/ with an existing gas station. The project has been reviewed to ensure that it meets a/l code requirements with regards to yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features. The use will integrate with other uses in the area. F. The nature of the proposed conditional use is not detrimental to the heaith, safety and general welfare of the community; The City of Temecula Planning, Fire, Building and Safety and Police departments have reviewed and conditioned the project to ensure that it will not be detrimental to the hea/th, safety and welfare of the community. Furthermore, the proposed project is consistent with the requirements outlined.in Chapter 17.04.010 of the City of Temecula's Development Code, and the project is consisfent with current Building and Fire Codes, which contain provisions to protect the health, safety, and general welfare of the community. � G. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application for the Conditional Use Permit will be based on substantial evidence in view of the � record as a whole before the Director of Planning. Section 3. Environmental Findings. The Planning Director hereby makes the � following environmental findings and determinations in connection with the approval of the Major Modification and Conditional Use Permit Applications: A. In accordance with the California Environmental Quality Act, the proposed � project has been deemed to be categorically exempt from further environmental review . (Section 15332, Class 32 In-Fill Development Projects); The project will be constructed within City limits and is consistent with the applicable General Plan and zoning designations and all applicable policies. Further, the project site has no value as habitat for endangered rare or threatened species nor will it result in any significant effects relating to traffic, noise, air quality, or water quality. An existing paved drive isle will be utilized to provide ingress and egress to the car wash facility. As a result, unimproved land ` will not be impacted by the project. In addition, the site can be adequately served by a/l required utilities and public services. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application Nos. PA10-0275 and PA10-0276, a Major Modification and Conditional Use Permit to construct and operate a 756-square foot self-service car wash within an existing Shell gas station located at 29750 Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 2nd day of December 2010. Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 10- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 2" day of December 2010. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application Nos.: PA10-0275 and PA10-0276 Project Description: A Major Modification and Conditional Use Permit to construct and operate a 756-square foot self-service car wash at an existing Shell gas station located at 29750 Rancho California Road Assessor's Parcel No.: 921-760-001 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: December 2, 2010 Expiration Date: December 2, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four pollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL-2. � The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any clairn, 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 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. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7. 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-8. 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-9. 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-10. 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-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 Roof Tile Match Existing Stucco Wall Color Match Existing PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. � PL-14. Hours of operation for the car wash shall be 7 a.m. through 10 p.m. Monday through Sunday. PL-15. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided. PL-16. Regular monitoring of the car wash by an attendant shall be provided during business hours to control noise, litter and other nuisances. PL-17. 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. PL-18. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Grading Permit(s) PL-19. 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-20. 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-21. 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-22. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL-23. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. . PL-24. All sacred sites are to be avoided and preserved. PL-25. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-26. All downspouts shall be internalized. PL-27. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-28. 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-29. 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-30. 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-31. 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-32. Building plans shall indicate that all roof hatches shall be painted "International Orange." PL-33. 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-34. The developer shall provide the Planning Department verification of arrangements � made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-35. 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-36. 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-37. 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 entranee 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-38. 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-39. All site improvements including but not limited to parking areas and striping shall be installed. PL-40. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-41. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 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. 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-5. 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-6. Obtain all building plans and permit approvals prior to commencement of any construction work. , B-7. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-8. 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. 1 B-9. 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. � 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 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-12. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4) Prior to Issuance of Certificate of Occupancy F-3. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. F-4. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. PW-3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. PW-4. 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. The permanent post-construction measures shall include infiltration unless the soil is not conducive to infiltration. Prior to Issuance of Grading Permit(s) PW-6. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-7. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW-8. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW-9. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual and the City's standard notes for Erosion and Sediment Control. PW-10. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the San Diego Regional Water Quality Board, Riverside County Flood Control and Water Conservation District, Planning Department, or other affected agencies. PW-11. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW-12. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW-13. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW-14. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. Prior to Issuance of a Building Permit PW-15. 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-16. The developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. PW-17. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-18. The project shall demonstrate that the permanent post-construction water quality protection measures outlined on the grading plan have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-19. 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-20. 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-21. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. NOTICE OF PUBLIC HEARING \��.I //i Y ". � -�c �= Notice of Public Hearing ;! � ' ;,c;1�989 �,:.., A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA10-0275 & PA10-0276 Applicant: Ahmad Ghaderi Proposal: A Major Modification and Conditional Use Permit to construct and operate a 756 square foot self-service car wash at an existing Shell gas station located at 29750 Rancho California Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will � be adopted in compliance with CEQA (Section 15332, Class 1 In-Fill Development Projects) � Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Main Conference Room , Date of Hearing: December 2, 2010 Time of Hearing: 1:30 p.m. ,� . � � �� Pp10-0275 �� ` r l .,..---~��-_--- �-,-_ ��,w� � � ..�--"" �� a� �° �� . � � s D 2FA S+QQ Feet Any person may submit written comments to the Planning Director before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Director shall be filed within the time required by, and controlled by, 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 Director, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. 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. G:\PLANNING�2010\PA10-0275 Shell Car Wash MOD\Planning\Hearing\PC-DH NOPH.doc � � ITEM 2 � STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR"S HEARING DATE OF MEETING: December 2, 2010 PREPARED BY: Matthew D. Peters, AICP, Case Planner APPLICANT NAME: Douglas Digison, 99 Cents Only Stores PROJECT Planning Application No. PA10-0263, a Major Modification to an SUMMARY: existing building for a 99 Cents Only store (a portion of the former Ralph's store in Winchester Meadows Shopping Center) with exterior facade modifications including changes to the storefront facade, and construction of a new trash enclosure and exit ramp system located at 40355 Winchester Road CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following issues have not been resolved to the satisfaction of staff. The applicant is proposing a convex ("bubble") awning along the front fa�ade. Staff prefers a classic straight slope awning consistent virith other shopping centers in the surrounding area. The classic straight slope awning tends to age better and have a more timeless appearance in comparison to the proposed convex awning. Staff has included a condition of approval to require the classic straight slope awning. ANALYSIS Site Plan The proposed modification includes the addition of a new trash enclosure and exit ramp system at the back of the building. The building footprint does not change. However, modifications to the front fa�ade include new columns that impact a small landscape planter and extend into the existing walkway. ADA accessibility has been maintained and bollards have been added for pedestrian safety. The location of the landscape planter will be shifted slightly. Plantings will be relocated or replaced with and equivalent size. In addition, the 99 Cents Only Store is utilizing approximately 17,000 square feet of the building, and leaving 34,000 square foot remaining. This split requires the consideration of a second trash enclosure for the remaining space, which will be constructed at the back of the building adjacent to an existing landscape planter. G:\PLANNING\2010\PA10-0263 99 Cents Only MOD\Planning\1 Director's Hearing\DH STAFF REPORT.doc � 1 Architecture The proposed fa�ade improvements have been integrated to maintain the architectural integrity of the building. New fa�ade columns and banding will complement the existing design. The building was recently painted without the benefit of a modification or Planning Department review. The existing color is a dark chocolate brown. The applicant is proposing lighter tan ' colors with Rockwood Brown columns to complement the neighboring CVS Pharmacy building. The proposed faCade improvements also include blue metal awnings and bollards at the front of the building. The design of the blue awnings are discussed in the background summary above. Staff believes the blue provides a tasteful color distinction (consistent with the 99 Cents Only franchise logo) in comparison to the proposed light tan colors of the building. In addition, the blue awnings are similar in color to the blue tile accents that currently exist on the building. Access/Circulation The proposed improvements do not impact any drive aisles. The project requires 53 parking spaces, and 56 have been provided. Two remote parking spaces at the back of the site have been removed to accommodate the additional trash enclosure for the remaining portion of the � building. Reciprocal parking is provided within the shopping center. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on Friday November 19, 2010 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 15301, Class 1 Existing Facilites). The project includes inferior tenant improvements, exterior fa�ade modifications to an existing building, and the addition of a trash enclosure and exit ramp system at the back of the building. The project is in an existing shopping center where all public services and facilities are availab/e, and the project is nof located in an environrnentally sensitive area. FINDINGS The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed farade improvements and addition of a trash enclosure and exit ramp system are. � consistent with the Genera/ P/an land use designation, and with the sfandards and requirements for the Community Commercia/ zoning district. The proposed modification does not change fhe proposed retail use permitted in the land use designation standards contained in the General P/an and Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The proposed modification, as conditioned, is consistent with other applicable requirements of State law and local Ordinances, including fhe California Environmenta/ Quality Act (CEQA) and all applicab/e Fire and Building Codes. G:\PLANNING�2010\PA10-0263 99 Cents Only MOD\Planning\1Director's Hearing\DH STAFF REPORT.doc 2 The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed modification is consistent with the development standards outlined in the City of Temecu/a Development Code. The proposed site layout for the project is consistent with the Citywide Design Guidelines and development standards for commercial buildings. The proposed project meets the standards for circu/ation, site p/an design, and landscaping. The project has been found to be consistent wifh all applicab/e policies, guidelines, standards and regulations intended to ensure that the deve/opment will be constructed and function in a manner consistent with the public health, safety and welfare. 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PA10-0263, A MAJOR MODIFICATION TO AN EXISTING BUILDING FOR A 99 CENTS ONLY STORE (A PORTION OF THE FORMER RALPH'S STORE IN WINCHESTER MEADOWS SHOPPING CENTER) WITH EXTERIOR FAC�ADE MODIFICATIONS INCLUDING CHANGES TO THE STOREFRONT FAC�ADE, AND CONSTRUCTION OF A NEW TRASH ENCLOSURE AND EXIT RAMP SYSTEM LOCATED AT 40355 WINCHESTER ROAD Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On September 7, 2010 Douglas Digison, filed Planning Application No. PA10-0263, Major Modification 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 Director, at a regular meeting, considered the Application and environmental review on December 2, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA10-0263 subject to Conditions of Approval, after finding thai the project proposed in Planning Application No. PA10-0263 conformed to the City of Temecula's General Plan and DeVelopment Code. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Director, 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 fa�ade improvements and addition of a trash enclosure and exit ramp system are consistent with the General Plan land use designation, and with the standards and requirements for the Community Commercial zoning district. The proposed modification does not change the proposed retail use permitfed in the land use designation standards contained in the General Plan and G:\PLANNING\2010\PA10-0263 99 Cents Only MOD\Planning\1 Director's Hearing\DH Resolution.doc Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The proposed modification, as conditioned, is consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA) and all applicable Fire and Building Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The proposed modification is consistent with the development standards outlined in the City of Temecula Development Code. The proposed site layout for the project is consistent with the Citywide Design Guidelines and development standards for commercial buildings. The proposed project meets the standards for circulation, site plan design, and landscaping. The project has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public hea/th, safety and we/fare. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification 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 includes interior tenant improvements, exterior fa�ade modifications to an existing building, and the addition of a trash enclosure and exit ramp system at the back of the building. 2. The project is in an existing shopping center where all public services and facilities are available, and the project is not located in an environmentally sensitive area. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA10-0263, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\PLANNING�2010\PA10-0263 99 Cents Only MOD\Planning\1 Director's Hearing\DH Resolution.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 2nd day of December 2010 Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 10- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 2nd day of December, 2010. Cynthia Lariccia, Secretary G:\PLANNING\2010\PA10-0263 99 Cents Only MOD\Planning\1 Director's Hearing\DH Resolution.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL , , EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0263 Project Description: A Major Modification to an existing building for a 99 Cents Only store (a portion of the former Ralph's store in Winchester Meadows Shopping Center) with exterior facade modifications including changes to the storefront facade, and construction of a new trash enclosure and exit ramp system located at 40355 Winchester Road Assessor's Parcel No.: 920-080-003 MSHCP Category: NA — Previously developed site and no improvements on undisturbed area DIF Category: NA — Existing facility (farade improvement with no new interior space) TUMF Category: NA — Existing facility (fa�ade improvement with no new interior space) Approval Date: December 2, 2010 Expiration Date: December 2, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four pollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the.two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approvaL PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a#ime extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage. 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 applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the_ approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL-12. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by 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 Stucco Main Body Frazee #1230A Beacon Columns and Banding Frazee #2686 Wheelbarrow Main Entrance Frazee # 2741 W Biscotti Metal Awning SW 6517 Regatta (Blue) Storefront Window System and Doors Anodized Dark Bronze to match existing Glass Clear Tile and Grout Medium Sky Blue Tile and Grout to match existing PL-13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-14. The 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. PL-15. The applicant shall comply with the Public Art Ordinance. 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." ' Prior to Issuance of Building Permit(s) PL-17. The applicant shall provide a detail of the metal awning indicating a classic straight slope or shed type awning (not a convex, or "bubble" type awning). PL-18. All downspouts shall be internalized. PL-19. 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 by these 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 Storage 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-20. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-21. 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-22. Building plans shall indicate that all roof hatches shall be painted "International Orange." " PL-23. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-24. 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-25. 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-26. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed'by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and fVlechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Provide details of all applicable disabled access provisions and building setbacks on plans. B-3. Provide disabled access from the public way to the main entrance of the building. B-4. Provide van accessible parking located as close as possible to the main entry. B-5. Show path of accessibility from parking to furthest point of improvement. B-6. Obtain all building plans and permit approvals prior to commencement of any construction work. B-7. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-8. 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-9. Provide an approved automatic fire sprinkler system. 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 number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-12. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) . B-13. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4). F-3. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F-4. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler tenant improvement 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-5. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm tenant improvement plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Each suite is required to have a notification device. This is required per City Ordinance. Prior to Issuance of Certificate of Occupancy F-6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). F-7. A"Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). F-8. Buildings housing high-piled combustible stock shall comply with the provisions of California Fire Code Chapter 23 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: _an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire Department access roads. For storage areas housing high piled combustible storage in excess of twelve feet in height and great than 500 square feet a permit will be required. (CFC Chapter 23 and Temecula City Ordinance 15.16.020 Section J). PUBLIC WORKS DEPARTMENT PW-1 No Conditions of Approval. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. PD-2. Applicant shall ensure all trees surrounding all building rooftops 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 buildings. PD-3. Berms shall not exceed three feet in height. PD-4. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD-5. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD-6. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-7. All lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. 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 doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24- hour dispatch Center at (951) 696-HELP. PD-10. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. PD-11. All roof hatches shall be painted "International Orange." PD-12. Any public telephones located on the exterior of the buildings shall be placed in a well- lit, highly visible area, and installed with a"call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD-13. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD-14. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program: PD-15. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. PD-16. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. PD-17. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. � PD-18. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-19. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD-20. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) . name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. . PD-21. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD-22. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for goods or services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD-23. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. 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. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. ' Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. 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. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. i. 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-24. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-6793. NOTICE OF PUBLIC HEARING \��-�. ��i .� � �— �� Notice of Public Hearing ��- :� : .: - ; -1989 �' A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA10-0263 Applicant: Douglas Digison, 99 Cents Only Stores Proposal: A Major Modification to an existing building for a 99 Cents Only store (a portion of the former Ralph's store in Winchester Meadows Shopping Center) with exterior facade modifications including changes to the storefront facade, and construction of a new trash enclosure and exit ramp system located at 40355 Winchester Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Matt Peters, AICP (951) 694-6408 Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: December 2, 2010 Time of Hearing: 1:30 p.m. � / PA10-0263 ��,- � l .,'j.. ^afi3 '�` '�?y'�r,�'. �� -p,` � �� '�o � , � ,,49� , � r o �so so�� '��eet Notice of Public Hearing Any person may submit written comments to the Planning Director before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Director shall be filed within the time required by, and controlled by, 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 Director, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. 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) 694-6408.