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Home My WebLink About121213 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING DECEMBER 12, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA11-0157 Project Type: Major Modification Project Title: Arco Margarita Applicant: Ino Cruz Project Description: A Major Modification application to allow an existing gas station/ convenience store to add 1,000 square feet to the existing store for a deli with outdoor seating Location: 44239 Margarita Road Environmental Action: Section 15332, Class 32 In-fill Development Projects Project Planner: Victoria Hernandez NOTICE TO THE PUBLIC The agenda packet(including staff reports)will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street,Temecula)after 4:00 PM the Friday before the Director's Hearing. At that time,the agenda packet may also be accessed on the City's website—www.cityoftemecula.org—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,8:00 AM—5:00 PM). In addition,such material may be accessed on the City's website—www.cityoftemecula.org—and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting,please contact the Planning Department at the Temecula Civic Center,(951)694-6400. STAFF REPORT— PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: December 12, 2013 PREPARED BY: Victoria Hernandez, Case Planner PROJECT Planning Application No. PA11-0157, a Major Modification SUMMARY: application to allow an existing gas station/convenience store to add 1,000 square feet to the existing store for a deli with outdoor seating at 44239 Margarita Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Ino Cruz General Plan Highway Tourist(HT) Designation: Zoning Designation: Highway Tourist (HT) Existing Conditions/ Land Use: Site: Existing Gas Station/Highway Tourist(HT) North: Dartolo Road, Existing Multi-Family Development/Professional Office (PO) South: Temecula Parkway, Existing Community Commercial Center/ Community Commercial (CC) East: Margarita Road, Existing Existing Community Commercial Center/ Community Commercial (CC) West: Existing Commercial Structure/Highway Tourist(HT) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.56 Acres 0.45 Acres Total Floor Area/Ratio: 0.13 0.30 Landscape Area/Coverage: 29% 20% Parking Required/Provided: 26 Spaces Proposed 25 Spaces Required WPLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\Staff Report.doc 1 BACKGROUND SUMMARY On June 6, 2011, Ino Cruz submitted Planning Application No. PA11-0157. The application will allow for an existing gas station/convenience store to add 1,000 square feet to the existing store for a deli and a 378 square foot outdoor seating area with tables and chairs. Building square footage after the modification will total 3,803 square feet. Three new planters are proposed and all existing trees will remain on the site. 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 will allow for the creation of a one-story, 1,000 square foot addition to the east elevation of an existing structure, and a 378 square foot outdoor seating area with tables and chairs. The proposed project meets all setback and landscaping requirements. Section 17.24.040 (Parking Requirements) of the Municipal Code requires a parking ratio of one space per 75 square feet of building area for the proposed deli, one space per 300 square feet of building area for the existing convenience store, and 2.5 spaces per wash bay for the existing self-service car wash. Per Section 17.24.040 of the Municipal Code, the 1,000 square foot deli requires 13 parking spaces, the 2,803 square foot convenience store requires nine parking spaces, and the single bay car wash requires three parking spaces. Therefore, a total of 25 parking spaces are required for the site. The project is proposing 26 parking spaces onsite, thereby satisfying off-street parking requirements. Architecture The new addition has been designed to ensure it is architecturally compatible with the existing structure. The building facade walls consist of a stucco finish with the proposed ICI paint colors of `Onionskin Tan' and 'Orion,' and stone veneers with stone wainscot cap sills. The roofing material consists of Spanish clay tile. All finishing materials such as stucco, stone veneer, roof tiles, doors, and windows will match those of the existing structure. Landscaping The applicant has submitted a landscaping plan proposing the addition of three new planters and keeping the existing landscaping on the site, repairing and replacing as necessary. The City of Temecula Development Code requires a minimum of 20% of the site to be landscaped open space in the Highway Tourist (HT) zoning area. Approximately 29% (19,728 sq. ft.) of the site is proposed to be landscaped. A variety of trees and shrubs will be provided and will include Indian Hawthorn, Stellata Star Magnolia, Clara, Dixieland Band Red Day Lily, Red Salvia, and Bronze New Zealand Flax. As proposed, the landscaping will enhance the existing site. Access/Circulation Site access and circulation will remain unaltered. The primary vehicular driveway access points to the site are from Dartola Road and Temecula Parkway. The site shares access to Temecula Parkway with neighboring commercial development. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\Staff Report.doc 2 Traffic Study A Focused Traffic Analysis was prepared by Kunzman Associates, Inc. on September 28, 2012. The Level of Service (LOS) analysis indicates that all study intersections will operate at acceptable levels of service under existing plus project and cumulative conditions, with the exception of the intersection of Margarita Road and Temecula Parkway, which is expected to operate at LOS "E" under cumulative with project conditions. Although the intersection will operate at LOS "E," the anticipated vehicle delay falls below the City's 2.0 second threshold. Therefore, the project's impact at this intersection is considered to be less than significant and no mitigation is required. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on November 27, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), 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 allow for the addition of a 1,000 square foot structure with a 378 square foot outdoor seating area to an existing structure. Consistent with CEQA Section 15332, the proposed project involves in-fill development on a project site less than five acres substantially surrounded by urban uses. This project is consistent with the applicable General Plan and zoning designations and policies. The site is fully developed with service from all required utilities and public services. The site has no value as habitat for endangered, rare or threatened species and will not produce adverse effects related to traffic, noise, air quality or water quality. Therefore, no further environmental review is necessary. FINDINGS 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 project will allow for the construction of a 1,000 square foot addition to an existing structure. All uses for the project will remain consistent with those allowed in the City of Temecula Development Code for the Highway Tourist (HT) zoning district. Furthermore, the use will be in conformance with the City of Temecula General Plan and with all requirements of State law 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 project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have a negative impact to the public health, safety, and general welfare. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\Staff Report.doc 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\Staff Report.doc 4 VICINITY MAP City of Temecula Project Site _ 1 �O FtO O 1 Y 1 PA11-0157 �p 1 a 1 t 1 1 tEMEG��PPKY m� This map was maoe try the City of Temecula Geographic Information System. The maps derived%m base data produced by the R+verside County Assessors Deparsment and the Transportation and Lard Management Agency of Rwirsde County The City of Temecula assumes no warranty or legal responsibility,for the information contained on this map Data and information represented on ties reap are subject to update and modification.The GeograpNc IMormatwn System am of sources should be quened for the most current urformahon. 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H | | ■ ■ .| | ■ , § § \ \ | , , § co , | a ;• K � cc \ § k | | E § | b L \ § • ; § �° LU` � eeeaeee k « w , � } � § � - : DH RESOLUTION DH RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0157, A MAJOR MODIFICATION APPLICATION TO ALLOW AN EXISTING GAS STATION/CONVENIENCE STORE TO ADD 1,000 SQUARE FEET TO THE EXISTING STORE FOR A DELI WITH OUTDOOR SEATING LOCATED AT 44239 MARGARITA ROAD (APN 959-080-017) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On June 6, 2011, Ino Cruz filed Planning Application No. PA11-0157, a 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 12, 2013, 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. PA11-0157 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA11-0157 conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA11-0157, hereby makes the following findings as required by Development Code Section 17.05.030. 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 project will allow for the construction of a 1,000 square foot addition to an existing structure and a 378 square foot outdoor seating area. All uses for the project will remain consistent with those allowed in the City of Temecula Development Code for the Highway Tourist (HT) zoning district. Furthermore, the use will be in conformance with the City of Temecula General Plan and with all requirements of 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 project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have a negative impact to the public health, safety, and general welfare. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Modification Application: A. In accordance with the California Environmental Quality Act (CEQA), 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 allow for the addition of a 1,000 square foot structure with a 378 square foot outdoor seating area to an existing structure. Consistent with CEQA Section 15332, the proposed project involves in-fill development on a project site less than five acres substantially surrounded by urban uses. This project is consistent with the applicable General Plan and zoning designations and policies. The site is fully developed with service from all required utilities and public services. The site has no value as habitat for endangered, rare or threatened species and will not produce adverse effects related to traffic, noise, air quality or water quality. Therefore, no further environmental review is necessary. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA11-0157, a Major Modification application to allow an existing gas station/convenience store to add 1,000 square feet to the existing store for a deli with outdoor seating at 44239 Margarita 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 12th day of December, 2013. Patrick Richardson, Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 13- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 12th day of December, 2013. Cynthia Lariccia, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA11-0157 Project Description: A Major Modification application to allow an existing gas station/convenience store to add 1,000 square feet to the existing store for a deli with outdoor seating at 44239 Margarita Road Assessor's Parcel No.: 959-080-017 MSHCP Category: Exempt per Section 15.10.100.E (Development on a project area that is currently or has been previously improved) DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A(Non-Residential Project) Approval Date: December 12, 2013 Expiration Date: December 12, 2015 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 Fifty Dollars($50.00) 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 Wildlife 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 G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc 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 years period,which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 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. 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 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. 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. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc 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 Stucco Match Existing Stone Veneer Match Existing Stone Wainscot Cap Sill Match Existing Doors Match Existing Windows Match Existing Roof Tile Match Existing PL-12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-13. All trash enclosures on site shall include a solid cover constructed of materials to complement those utilized on the primary building. Details of the trash enclosures and covers shall be provided within the building construction plan sets. PL-14. The trash enclosures shall be large enough to accommodate a recycling bin,as well as regular solid waste containers. PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of 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 at locations that minimize their visibility 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 G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc 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-19. 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-20. 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-21. All sacred sites are to be avoided and preserved. PL-22. 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-23. 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-24. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-25. The applicant shall submit a photometric plan, including the parking lot to the Planning Department,which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL-26. All downspouts shall be internalized. PL-27. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. 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 G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc 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-28. 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-29. The Landscaping and Irrigation Plans shall include a note stating that"Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This 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 verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL-30. 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-31. 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). Applicant shall use evapotranspiration(ETo)factor of 0.70 for calculating the maximum allowable water budget. PL-32. 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-33. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This 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 verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc Department to schedule inspections. PL-34. 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 all landscaping excluding City maintained areas. PL-35. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-36. Building Construction Plans shall include detailed outdoor areas(including but not limited to trellises, decorative furniture, hardscape) to match the style of the building subject to the approval of the Planning Director. PL-37. Building plans shall indicate that all roof hatches shall be painted"International Orange." PL-38. 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-39. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL-40. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the 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-41. 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-42. All site improvements including but not limited to parking areas and striping shall be installed. PL-43. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-44. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc BUILDING AND SAFETY DIVISION General Conditions B-1. The existing ADA parking is non-compliant as depicted on the site plan. The unloading zone for the van accessible parking space is required to be on the passenger side of the vehicle. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by Fire Prevention. 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 Prevention is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The applicant shall provide at time of plan review, a copy of the original Conditions of Approval showing the originally required fire flow, and a current fire flow test meeting those standards. If the applicant is unable to provide the original Conditions of Approval, this project will be required to provide a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-3. The developer shall furnish three copies of the water system plans to Fire Prevention 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 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 and Chapter 5). F-4. Fire sprinkler plans shall be submitted to Fire Prevention for approval. Three sets of sprinkler plans must be submitted by the installing contractor to Fire Prevention. These plans must be submitted prior to the issuance of building permit. The new additional to the existing building is requiring the entire building to now be equipped with a fire sprinkler system. F-5. Fire alarm plans shall be submitted to Fire Prevention for approval. Three sets of alarm plans must be submitted by the installing contractor to Fire Prevention. 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. F-6. Any Type I hood systems that will be installed for the new proposed deli will require a hood extinguishing system. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc Prior to Issuance of Certificate of Occupancy F-7. Hydrant locations shall be identified by the installation of reflective markers(blue dots per Temecula City Ordinance 15.16.020). F-8. 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 and Temecula City Ordinance 15.16.020). F-9. 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). POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. PD-2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent 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. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD-4. 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-5. Any lighting affixed to the buildings shall be vandal resistant, wall mounted fixtures. PD-6. All exterior windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-7. 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-8. Any roof hatches shall be painted "International Orange." PD-9. 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-10. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc PD-11. Penal Code Section 490.5 affords merchants the opportunity to recover their losses through a civil demand program. The text of this section of the penal code can be found at: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001- 01000&file=484-502.9 PD-12. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment call (951) 506-5132. PD-13. Any business that serves or sells any type of alcoholic beverage shall comply with all guidelines within the Business and Profession Codes and all rules, regulations and guidelines of the California Department of Alcoholic Beverage Control. PD-14. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PDA 5. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at(951) 506- 5132. PD-16. 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. PDA 7. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at(951) 506-5132. PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted,all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. PW-3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. PW-4. All improvement plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24"x 36" City of Temecula mylars. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc PW-5. The project shall include construction-phase pollution prevention controls into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm water conveyance system or receiving water during all field activities. PW-6. All onsite drainage facilities shall be privately maintained. Prior to Issuance of Grading Permit(s) PW-7. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site(public and private)and adjoining properties from damage due to erosion. PW-8. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with the Construction, Grading and Encroachment Ordinance Section 18.24.140 PW-9. Construction-phase pollution prevention shall be consistent with the Temecula Municipal Code Chapter 18.15 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 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. 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 Certificate of Occupancy PW-13. 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-14. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\COA document.doc NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula Planning Director to consider the matter described below: Case No: PA11-0157 Applicant: Ino Cruz Proposal: A Major Modification application to allow an existing gas station/convenience store to add 1,000 square feet to the existing store for a deli with outdoor seating at 44239 Margarita 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 32, In-Fill Development Projects) Case Planner: Victoria Hernandez, (951) 240-4206 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: December 12, 2013 Time of Hearing: 1:30 p.m. PA 11 1Fi The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director's Hearing. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.org. Any Supplemental Material regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org —and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. G:\PLANNING\2011\PA11-0157 Arco Margarita MOD\Planning\Hearing\DH NOPH.doc